10 20 2011 C of A MinutesThursday, October 20, 2011
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Present: Larry Tupling, Chair Allan Johnson
Bruce Chappell Roy Hastings
Scott Macpherson
10:04 a.m.
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. CA111020 -1
Moved by Macpherson, Seconded by Johnson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
October 20, 2011 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
Member Johnson declared a pecuniary interest on Item 5c) 2011 -B -24 and 2011 -A -28 (Elsie
and Darlene Langman) as he is an immediate neighbour and rents property from the
applicant. Member Johnson left the Chambers and did not participate in the discussion or
the vote.
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Committee of Adjustment Minutes — October 20, 2011
4. ADOPTION OF MINUTES:
a) Minutes of Committee of Adjustment meeting held on Thursday, September 15, 2011.
Motion No. CA111020 -2
Moved by Hastings, Seconded by Macpherson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
September 15, 2011 be adopted as printed and circulated.
Carried.
5. PUBLIC MEETINGS:
a) 2011 -B -21 (Don and Sherry Hubbert),
404 Ridge Road East, Lot 24, Concession 9 (Former Township of Oro),
Permit the creation of a new specialized agricultural lot by way of severance.
Don Hubbert, applicant, was present.
Motion No. CA111020 -3
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment defers Consent Application 2011 -B -21,
until such time as the applicant has provided a Planning Report to address the application's
conformity with the requirements of the Lake Simcoe Protection Plan and the County of
Simcoe Official Plan.
Carried.
b) 2011 -6-22 (Don and Sherry Hubbert),
1086 Ridge Road East, Part of Lot 22 & 23, Concession 10 (Former Township of Oro),
Permit the creation of a new specialized agricultural lot by way of severance.
Don Hubbert, applicant, was present.
Motion No. CAI 11020-4
Moved by Hastings, Seconded by Macpherson
It is recommended that the Committee of Adjustment defers Consent Application 2011 -B -22,
until such time as the applicant has provided a Planning Report to address the application's
conformity with the requirements of the Lake Simcoe Protection Plan and the County of
Simcoe Official Plan.
Carried.
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Committee of Adjustment Minutes — October 20, 2011
c) 2011 -B -24 (Elsie and Darlene Langman)
1792 Line 13 North, East Half of Lot 6, Concession 13 (Former Oro Township)
Permit a lot addition /boundary adjustment (to be heard in conjunction with 2011- A -22).
2011 -A -28 (Elsie and Darlene Langman)
1792 Line 13 North, East Half of Lot 6, Concession 13 (Former Oro Township)
Minimum required setback from the interior side lot line (to be heard in conjunction with
2011- B -24).
Member Johnson declared a pecuniary interest on Item 5c) 2011 -B -24 and 2011 -A -28 (Elsie and
Darlene Langman) as he is an immediate neighbour and rents property from the applicant.
Member Johnson left the Chambers and did not participate in the discussion or the vote.
Stan Langman, agent, was present.
Motion No. CA111020 -5
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011 -B -24, 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 be merged in title with CON 13 E PT LOT 6 municipally known as
1808 Line 13 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 lands;
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 applicants solicitor provide an undertaking that the severed lands and the lands to be
enhanced will merge in title;
5. That the applicants apply for and obtain a rezoning of the lands to be conveyed, and to
recognize the setback of the agricultural building within the required interior side yard
setback;
6. 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.
Motion No. CAI 11020-6
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment that at the request of the applicant,
Variance Application 2011 -A -28 be withdrawn.
Carried.
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Committee of Adjustment Minutes — October 20, 2011
d) 2011 -A -29 (Mobile Car Crushers Inc.),
445 Line 4 South, Concession 5, South Part Lot 23, Former Township of Oro,
Relief from Non - Conforming Uses.
Glen Taylor, applicant, was present.
Motion No. CA111020 -7
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
29, specifically, to permit the construction of a new building on the subject property,
constituting the expansion of a non - conforming use in accordance with Section 5.18 of
Zoning By -law 97 -95, subject to the following conditions:
1. That, notwithstanding Sections 5.16.1 c) and 5.18 of Zoning By -law 97 -95, all buildings
and structures on, and the use of the subject property, shall otherwise comply with all
other applicable provisions of the Zoning By -Law;
2. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by verifying, in writing by way of survey or real property report,
that the building proposed to be constructed on the subject property will not occupy any
more than approximately 260 square metres of floor area.
3. That the owner of the property at 445 Line 4 South; Concession 5, South Part Lot 23; roll
no. 4346- 010 - 008 - 10500) apply for, and enter into a Site Plan Agreement with Council for
the Township for the existence of, and expansion to, the non - conforming use and the
non - complying building, on the subject property (pursuant to Section 2.3 of By -Law 2009-
062 ).
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.
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Committee of Adjustment Minutes — October 20, 2011
e) 2011 -A -30 (Andrew and Katherine Damrell)
225 and 227 Lakeshore Road West, Plan 807, Lots 12 & 13, Block I
Relief from Maximum Height of Boathouse with Hip Roof, above Average High Water
Mark.
Andrew Damrell, applicant, Craig McFarlane, contractor, were present.
Siim Holmberg, neighbour, noted his support for the application.
Motion No. CA111020 -8
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
30, as revised by the applicant, specifically, to permit the construction of a boathouse on the
subject property with a height above the average high water mark of 4.80 metres, subject to
the following conditions:
1. That, notwithstanding Section 5.6 g) of Zoning By -law 97 -95, the proposed boathouse
shall otherwise comply with all other applicable provisions of the Township's Zoning By-
law;
2. That the height of the proposed boathouse shall not exceed approximately 4.80 metres
above the average high water mark of Lake Simcoe, pursuant to Schedule B to this
Notice of Decision;
3. That Ontario Land Surveyor verification be provided to the Township, in writing,
confirming compliance with the Committee's decision, that the height of the proposed
boathouse not exceed approximately 4.80 metres above the average high water mark of
Lake Simcoe.
4. That the applicant obtain any permit(s) and /or approval(s) from the Lake Simcoe Region
Conservation Authority; and
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 for
within the Planning Act R.S.O 1990, c.P. 13.
Carried.
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Committee of Adjustment Minutes — October 20, 2011
6. NEW BUSINESS:
a) OMB Appeal -Variance 2011 -A -18 (Assadian).
Steven Farquharson advised the Committee that an appeal to the OMB had been received.
Motion No. CA111020 -9
Moved by Macpherson, Seconded by Chappell
It is recommended by the Committee of Adjustment that the verbal information presented by
Steven Farquharson, Intermediate Planner, re: OMB Appeal - Variance 2011 -A -18
(Assadian) be received.
Carried.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, November 17, 2011 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA111020 -10
Moved by Macpherson, Seconded Johnson
It is recommended that we do now adjourn at 11:48 a.m.
r
Carried.
J
Steven quFars , Secretary Treasurer
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