11 17 2011 C of A MinutesThursday, November 17, 2011
Present: Larry Tupling, Chair
Bruce Chappell
Scott Macpherson
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Allan Johnson
Roy Hastings
Time: 10:01 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. CA111117 -1
Moved by Chappell, Seconded by Macpherson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
November 17, 2011 be received and adopted as amended to add:
6b) Correspondence dated November 14, 2011 from the Ontario Municipal Board, re:
Confirmation of Hearing - 2011 -A -18 (Zahra Assadian).
6c) Verbal Update from Steven Farquharson, Intermediate Planner /Secretary- Treasurer, re:
OMB Appeal - 2011 -A -17 (Garry and Marie Potter).
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
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Committee of Adjustment Minutes — November 17, 2011
4. ADOPTION OF MINUTES:
a) Minutes of the Committee of Adjustment meeting held on Thursday, October 20, 2011.
Motion No. CA111117 -2
Moved by Macpherson, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, October
20, 2011 be adopted as printed and circulated.
Carried.
5. PUBLIC MEETINGS:
a) 2011 -A -31 (Angelo and Sandra Ip locca)
195 Bay Street, Plan 742, Lot 1
Relief from maximum height and maximum floor area.
Angelo locca, applicant, and Ted Handy, architect, were present.
Motion No. CA111117 -3
Moved by Macpherson, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A -31,
specifically, to permit the construction of a detached accessory building on the subject property,
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. The height of the accessory building is no more than approximately 5.2 metres;
b. The floor area of the accessory building is no more than approximately 113 square metres;
and
c. That the proposed accessory building be no closer than approximately 2.4 metres from the
front lot line.
2. That a tree planting plan be submitted and approved by the Township with the associated
securities to ensure that replacement of the vegetative buffer can occur prior to the issuance of
the appropriate Zoning Certificate.
3. That the applicant obtain any permit(s) and /or approval(s) from the Lake Simcoe Region
Conservation Authority.
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 — November 17, 2011
b) 2011-B-26&2011-B-27 (Modco Investments Inc.)
3375 Line 6 North, Plan M367, Part Block 88 (Former Township of Oro)
Permit the creation of 2 new residential lots.
Rene DeMartini, applicant, was present.
Motion No. CA111117 -4
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment defers Consent Applications 2011 -B -26
& 27, until such time as comments are received from the Nottawasaga Valley Conservation
Authority.
Carried.
c) 2011 -B -28 (Norman, Shirley and Peter Shelswell)
North Part of Lot 26 & 27, Concession 7, 51 R -6384 Part 2
Lot addition /boundary adjustment.
Shirley Partridge, agent, was present.
Motion No. CA111117 -5
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011 -B -28, for a boundary adjustment, subject to the following conditions:
1. That three copies of a 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 168 Lakeshore Road West 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 applicants' solicitor prepares and submits a copy of the proposed conveyance for
the parcel severed, for review by the Municipality.
4. That the applicants' solicitor provides 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.
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Committee of Adjustment Minutes — November 17, 2011
d) 2011 -A -32 (Kevin Berry and Debra Symonds)
536 Line 10 North, Concession 10, South Part Lot 17
Relief from maximum height, increase in situation of non - compliance and non - conformity
of use of buildings and structures.
Kevin Berry and Debra Symonds, applicants, were present.
Motion No. CA111117 -6
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -A-
32, specifically, to permit the construction of a new building on the subject property, to permit
the replacement and expansion of a non - complying and non - conforming detached accessory
building used for human habitation, subject to the following conditions:
That, notwithstanding Sections 5.1.1, 5.1.4, 5.16.1 c) and 5.18 of Zoning By -law 97 -95, the
proposed detached accessory building, 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:
a. the detached accessory building will not occupy any more than approximately 199.08
square metres of floor area, consisting of:
i. aground floor area of approximately 110.6 square metres; and
ii. a second floor area of approximately 88.7 square metres.
b. the deck will not exceed approximately 22.1 square metres; and
c. the detached accessory building will not exceed approximately 5.855 metres above the
established grade.
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. That the applicant obtain any permits and /or approvals 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 for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
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Committee of Adjustment Minutes — November 17, 2011
e) 2011 -13-23 (George and Louise Johnstone)
Concession 12, East Part Lot 1, 1322 Horseshoe Valley Road East, and Concession 12,
Part Lot 1 East Half, RP 51 R15491, Part 1, RP51 R23775, Part 1, 3522 Line 12 North
Request a Validation Certificate.
George Johnstone, applicant, and Klaus Jacoby, agent, were present.
Motion No. CA111117 -7
Moved by Chappell, Seconded by Johnson
It is recommended that Mr. Johnson be permitted to amend the application to remove all
references of Validation Certificate; And That the application proceed Under Section 53 of the
Planning Act.
Carried.
Motion No. CA111117 -8
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011- I3 -23, for a technical severance, subject to the following conditions:
1. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the lands identified as Part 1 of Plan 51 R- 15941, and Part 1 of Plan 51 R- 23775, for review
by the Municipality.
2. That all municipal taxes be paid to the Township of Oro - Medonte.
3. 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.
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Committee of Adjustment Minutes — November 17, 2011
6. NEW BUSINESS:
a) Correspondence dated November 1, 2011 from Annette and Tony Katarynych, re: 2011 -
A-25.
Motion No. CA111117 -9
Moved by Hastings, Seconded by Macpherson
It is recommended
1. That the correspondence dated November 1, 2011 from Annette and Tony Katarynych, re:
2011 -A -25 be received.
2. That the Committee of Adjustment reiterates the said condition and does not remove the
said condition.
3. And That the applicant be advised under the Secretary- Treasurer's signature.
Carried.
b) Correspondence dated November 14, 2011 from the Ontario Municipal Board, re:
Confirmation of Hearing - 2011 -A -18 (Zahra Assadian).
Motion No. CA111117 -10
Moved by Chappell, Seconded by Johnson
It is recommended that the correspondence dated November 14, 2011 from the Ontario
Municipal Board, re: Confirmation of Hearing - 2011 -A -18 (Zahra Assadian) be received.
Carried.
c) Verbal Update from Steven Farquharson, Intermediate Planner /Secretary- Treasurer, re:
OMB Appeal - 2011 -A -17 (Garry and Marie Potter).
Motion No. CA111117 -11
Moved by Chappell, Seconded by Hastings
It is recommended that the Verbal Update from Steven Farquharson, Intermediate
Planner /Secretary- Treasurer, re: OMB Appeal - 2011 -A -17 (Garry and Marie Potter) to be
held in the Township of Oro - Medonte Council Chambers on January 13, 2012 at 10:30 a.m.
be received.
Carried.
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Committee of Adjustment Minutes — November 17, 2011
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, December 15, 2011 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn
Motion No. CA111117 -12
Moved by Chappell, Seconded by Macpherson
It is recommended that we do now adjourn at 12:37 p.m.
Tup ' hair
Carried.
-Ste Secretary Treasurer
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