09 15 2011 C of A MinutesThursday, September 15, 2011
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
10:02 p.m.
Present: Larry Tupling, Chair Allan Johnson
Bruce Chappell Roy Hastings
Scott Macpherson
Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner
Alan Wiebe, Planner
Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator
1. OPENING OF MEETING:
Larry Tupling assumed the Chair and called the meeting to order.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda
Motion No. CA110915 -1
Moved by Macpherson, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
September 15, 2011 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. ADOPTION OF MINUTES:
a) Minutes of Committee of Adjustment meeting held on Thursday, August 18, 2011.
Motion No. CA110915 -2
Moved by Macpherson, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
August 18, 2011 be adopted as printed and circulated.
Carried.
Page 1 of 9
Committee of Adjustment Minutes — September 15, 2011
5. PUBLIC MEETINGS:
a) 2011 -A -16 (Revised) -Doug Austgarden and Michelle Cellucci
191 Lakeshore Road West, Plan 807, Lot 27 (Former Township of Oro)
Relief from maximum total area of deck and boathouse.
Doug Austgarden, applicant, Ron Clark, contractor, Adrian Cammaert, Planner, were present.
Motion No. CA110915 -3
Moved by Chappell, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
16 Revised, specifically, to construct a deck and boathouse having a total combined area of
103 square metres, subject to the following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of
the foundation by way of survey /real property report that:
a) That the total floor area of the boathouse and deck not exceed approximately 103
square metres.
2. That notwithstanding Section 5.7 (b), that the boathouse complies with all provisions of
Section 5.6 and 5.7 of Zoning By -law 97 -95 as amended.
3. That the proposed boathouse and deck be in conformity with the dimensions as set out on
the application and sketches submitted and approved by the Committee.
4. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe
Region Conservation Authority.
5. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided by
the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 2 of 9
Committee of Adjustment Minutes — September 15, 2011
b) 2011 -A -18 - Zahra Assadian
1753 Ridge Road West, East Part of Lot 28, Concession 3, RP 51 R28760 Parts 5 U
(Former Township of Oro)
Relief from maximum height for boathouse.
Zahra Assadian, applicant, Gary Luhowy, agent, and Phil Lamadeleine, contractor, were
present.
Eleanor Lyons, neighbour, noted her support for the application.
Motion No. CA110915 -4
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment denies Variance Application 2011 -A -18,
as the Variance does not satisfy the four test of the Planning Act.
Carried.
c) 2011 -A -24 -Sharon Lempriere
59 Lakeshore Road East, Plan 798, Lots 38 and 39
Relief from maximum lot coverage of all detached accessory buildings and structures on
a lot.
Kim Lempriere, agent, was present.
Motion No. CA110915 -5
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
24, specifically to permit the construction of detached accessory building on the subject
property, where the area of the lot being occupied by all detached accessory buildings and
structures is approximately 6.2 per cent, subject to the following conditions:
1. That, notwithstanding Section 5.1.5 of Zoning By -law 97 -95, the detached accessory
buildings and structures on the lot shall otherwise comply with all other applicable
provisions of the Zoning By -Law for detached accessory buildings.
2. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by verifying, in writing, percentage of the subject lot covered by all
detached accessory buildings and structures does not exceed approximately 6.2 percent.
3. That the buildings and structures on the property be in conformity with the dimensions as
set out on the application and sketches submitted and approved by the Committee.
4. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13
Carried.
Page 3 of 9
Committee of Adjustment Minutes — September 15, 2011
d) 2011 -A -25 -Annette and Anthony Katarynch
38 Highland Drive, 51 M -720, Lot 6 (Former Township of Oro)
Relief from minimum required interior side yard setback.
Annette Katarynch, applicant, was present.
Motion No. CA110915 -6
Moved by Macpherson, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
25, being for the construction of a deck onto the side of an existing dwelling, which is
proposed to be approximately 1.23 metres from the interior lot line, subject the following
conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by pinning the footing and verifying in writing prior to pouring of the
foundation by way of survey /real property report so that the deck be located no closer than
approximately 1.23 metres from the interior side lot line.
2. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 4 of 9
Committee of Adjustment Minutes — September 15, 2011
e) 2011 -A -26 -Marc and Anna Francis
16 Slalom Drive, Plan 1650, Lot 23
Relief from minimum required front yard.
Marc Francis, applicant, was present.
David Germaine, neighbour, noted his support for the application
Motion No. CAI 10915-7
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
26, being for the construction of an attached garage having a floor area of approximately 83.6
square metres, which is proposed to be 5.0 metres from the front lot line. Subject the following
conditions:
1. That the setbacks be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
2. That the appropriate zoning certificate and building permit be obtained from the Township
only after the Committee's decision becomes final and binding, as provided for within the
Planning Act R.S.O. 1990, c.P. 13.
3. And That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by pinning the footing and verifying in writing prior to
pouring of the foundation by way of survey /real property report that the proposed attached
garage be located no closer than 5.0 metres from the front lot line.
Carried.
Page 5 of 9
Committee of Adjustment Minutes — September 15, 2011
f) 2011 -B -19 -John and Marilyn Crosby
Concession 13, West Part Lot 5
Boundary adjustment/lot addition.
John Crosby, applicant, and Philip Trilsbeck, real estate agent, were present.
Brian O'Neil, neighbour, noted his support of the application.
Motion No. CA110915 -8
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011 -B -19, for a boundary adjustment, subject to the following conditions:
1. That three copies of a Registered Reference Plan for the subject land indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-
Treasurer.
2. That the severed lands, with an area of approximately 3.25 acres, be merged in title with
the property at 4013 Line 12 North, and that the provisions of Subsection 3 or 5 of Section
50 of The Planning Act apply to any subsequent conveyance or transaction involving the
subject land.
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality.
4. That the applicant's solicitor provide an undertaking that the severed lands and the lands
to be enhanced will merge in title.
5. And That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
Page 6 of 9
Committee of Adjustment Minutes — September 15, 2011
g) 2011 -B -20 - Doug and Caroline Murphy
2 Colborne Street, Plan 1, Part Lots 15 & 16
Create a new residential lot.
Consent Application 2011 -B -20 is to be considered in conjunction with Variance
Application 2011 -A -27.
2011 -A -27 - Doug and Caroline Murphy
2 Colborne Street, Plan 1, Part Lots 15 & 16
Relief from proposed retained lands and proposed severed lands.
Variance Application 2011 -A -27 is to be considered in conjunction with Consent
Application 2011 -B -20.
Doug Murphy, applicant, and James Murphy, son of applicant, were present.
Motion No. CA110915 -9
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011 -B -20, for the creation of a new residential lot, subject to the following
conditions:
1. That, in conjunction with Consent Application 2011 -B -20, Variance Application 2011 -A -27
be approved.
2. That the conditions stated in the letter from staff for the County of Simcoe, dated
September 9, 2011, be completed (as contained on page 3 of 3 of this Notice of Decision).
3. That three copies of a Registered Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer.
4. That the retained lands have a lot area of approximately 0. 18 hectares (prior to the
transfer of land to the County of Simcoe).
5. That the severed lands have a lot area of approximately 0. 15 hectares.
6. That the applicant's solicitor prepares and submits a copy of the proposed conveyance for
the parcel severed, for review by the Municipality.
7. That the applicant pays $ 2,000.00 for the lot created as cash -in -lieu of a parkland
contribution.
8. That all municipal taxes be paid to the Township of Oro - Medonte.
9. And That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
Page 7of9
Committee of Adjustment Minutes — September 15, 2011
Motion No. CA110915 -10
Moved by Chappell, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
27, specifically, to permit the creation of a new residential lot with an area of approximately
0. 15 hectares, where the retained lands would have a lot area of approximately 0. 18 hectares,
subject to the following conditions:
A. That Ontario Land Surveyor verification be provided that:
i. The proposed retained lands have a lot area of approximately 0. 18 hectares (prior to the
transfer of land to the County of Simcoe);
ii. The proposed severed lands have a lot area of approximately 0. 15 hectares;
iii. The existing dwelling and any attached deck(s) on the lands to be retained (2 Colborne
Street), be located no closer to the rear lot line of the retained lands (or lot) than 7.5
metres; and
iv. Any architectural feature(s) attached to the existing dwelling and /or deck(s) on the lands to
be retained (2 Colborne Street), not encroach into the minimum required yard of 7.5
metres a distance of any more than 1.0 metre.
Carried.
Page 8 of 9
Committee of Adjustment Minutes — September 15, 2011
6. NEW BUSINESS:
a) Correspondence dated August 29, 2011 from Joanne Hayes, Ontario Municipal Board,
re: OMB Hearing, 2011 -B -09 (Crawford).
Steven Farquharson, Secretary Treasurer advised that OMB has since granted an
adjournment request.
Motion No. CA110915 -11
Moved by Chappell, Seconded by Hastings
It is recommended that the correspondence dated August 29, 2011 from Joanne Hayes,
Ontario Municipal Board and verbal update provided by Steven Farquharson, Secretary
Treasurer, re: OMB Hearing, 2011 -B -09 (Crawford) be received.
Carried.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, October 20, 2011 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CAI 10915-12
Moved by Johnson, Seconded by Macpherson
It is recommended that we do now adjourn at 12:46 p.m.
Carried.
..
LarrOupling, C air Steven Far son, ecretary Treasurer
Page 9 of 9