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01 26 2012 Sp Committee of Adjustment AgendaTHE TOWNSHIP OF ORO COMMITTEE OF ADJUSTMENT  SPECIAL MEETING AGENDA COUNCIL CHAMBERS Thursday, January 26, 2012 TIME: 10:00 a.m.   Page 1.OPENING OF MEETING: 2.ADOPTION OF THE AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.ADOPTION OF MINUTES: 5.PUBLIC MEETINGS: 2-25 a)2012A01 Horseshoe Valley Lands Limited, Concession 4, Part of Lots 3 and 4, 6.NEW BUSINESS: 7.NOTICE OF MOTION: 8.NEXT MEETING DATE: 9.ADJOURNMENT: a) Page 1 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Aplication N:To: Comittee oAdjustmentPreparedBy: ppoommfe 201-A-01lan Wiee, Intermdiate 22Abbee Planner Meting Date:Subect: Variace AppliationMotion # eejjnncc January 26, 20011(Horsseshoe Vaalley Landss Ltd.) _______________________ Concesssion 4, Paart of Lots 3 and 4 Rolll #:R.M.S. File #: (Foormer Towwnship of OOro) 43466-010-002-15898D13- REQQUIRED COONDITIONSS: Thefollowingcconditionsaare requiredd to be impposed on thhe Committtee’s decisioon, with resspect to thee consstruction offtwo model homes on the subject lots: 11. That thee second model home be built on proposed Lot 14, as pper Scheduule 2 to thiss report; . That th setbacks for the mdel home be in conformity wit the Resiential On Zone wit 22eeoossnhhddeehh Exceptin 140 (R1140), in Zning B-Law 97-95, a amended; oo**ooyss 33. That all other formss of development assoociated withh the model homes bee in conformmity with thee applicabble Zoning BBy-Law 97-995, as amended; 44. That, prrior to the issuance off any buildiing permit(s) for the cconstructionn of a dweelling and/or modelome withi the subjet lands, te applican complete the construction of te road an hhnncchhtthhdd installaton of the ater main ithin the ubject lans, to muniipal standrds to thesatisfactio iiwwwwssddccaann of the Director of Tansportatin and Enironmenta Services; and roovvll 55. That thee appropriatte zoning certificate(s)) and buildinng permit(ss) be obtainned from the Townshipp only afteer the Commmittee’sddecision beecomes finaal and binding, as pprovided forr within thee Planningg Act R.S.OO. 1990, c.PP. 13. BACCKGROUNND: Theapplicant iss proposingg to construct one additional modeel home on lands within the Townnship of Oro--Medonte foor the sale oof dwellingss as part of a proposedd 15-lot plann of subdivision. A moodel home is crrently proosed to b constructd on Lot 1, and one additional odel hom is proposd to be uuppeeee55mmeeee contructed on Lot 14, of roposed pan of subdivision, Cocession 4, Part of Lots 3 and 4, hich is ssppllnnww zond Residential One Eception 14 Holding rovision (1*140(H)) one. eexx00PPRRZZ Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 1 of 10 Page 2 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... ANALYSIS: Temporary Construction and Sales Uses” Section 5.36 of Zoning By-law contains provisions regarding “ and, specifically, Subsection b) states that “Nothing in this By-law shall prevent the use of land for … a model home for the sale of dwelling units … on lands within the limits of the Township … ”. Therefore, the applicant is requesting from the following provision of Zoning By-law 97-95: Section 5.36 - Temporary Construction and Sales Uses Maximum PermittedProposed b) Model home for the sale of dwelling units located 2 model 1 model home on lands within the limits of the Townshiphomes FINANCIAL: Not applicable. POLICIES/LEGISLATION: Do the variances conform to the general intent of the Official Plan? Pursuant to Schedule D to the Official Plan, the portion of the lands subject to this application are Horseshoe Valley – Recreational designated designation, and Section C14.3.7 of the Official Plan contains policies for the use of lands in this designation. Pursuant to this Section, permitted uses in nordic ski trails, alpine ski slopes and facilities …golf courses … this designation include “… [and]” and do not include single detached dwelling and/or model homes. The lands subject to this application, however, form part of a Plan of Subdivision which obtained Draft Plan Approval after the present Official Plan came into effect. In this regard, Planning staff has conducted a site visit of the subject lands, and have determined that, while Schedule D to the Official Horseshoe Valley – Recreational Plan appears to illustrate the as being located immediately to the east of Chestnut Lane (and south of Alpine Way), this designation would appear to be intended to correspond with the contours of the golf course lands which surround the subject property. Interpretation of Land Use Designation Boundaries With respect to the “”, Section E1.8 of the Official boundaries between land uses Plan, contains policies to this effect, which states that “[the] designated on the Schedules to this Plan are approximate [with specific exceptions ”, and further the general intent of the document is maintained, minor adjustments to states that “[where] boundaries will not require amendment to this Plan .” Therefore, it is the opinion of the Planning Department that the intent of the Official Plan is being Horseshoe maintained whilst considering the lands subject to this application as being designated Valley – Low Density Residential which, pursuant to Section C14.3.4.1 of the Official Plan, permits single detached dwellings. On this basis, the proposal is considered to confirm to the general intent of the Official Plan. Development Services Meeting Date January 26, 2012 Application No. 2012-A-01 Page 2 of 10 Page 3 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Do the variances meet the general intent of the Zoning By-law, and are the variances appropriate for the desirable development of the lot? The Lots on which the model homes are sought are located in a proposed 15-Lot plan of subdivision, whose lands are zoned Residential One Exception 140 Holding Provision (R1*140(H)) Zone, and the applicant is requesting a variance from Section 5.36 of the Township’s Zoning By-law, which permits the construction of one model home. The number of model homes and/or sales offices to be constructed in an area is limited for various reasons, including: to limit the extent to which the character of a residential area is changed by the existence of buildings not being used as residences, and to limit the amount of traffic generated in an area by such non-residential uses. As proposed by the applicant, the intent of this variance request is to construct one additional model home, as opposed to a sales trailer/office and, once the model home is constructed, it could be converted into a single detached dwelling as its use as a model is no longer needed. Further, as illustrated in Schedule 2 to this report, the applicant is proposing to construct these two model homes on neighbouring lots, thereby clustering the lots on which buildings for the purpose of public viewing will be located. Therefore, since the model homes will maintain the residential character that exists within the surrounding area, and since they may be further converted and sold as residences in the future once their utility has been served, the proposed variance is considered to meet the general intent of the Zoning By-law, and is considered appropriate for the desirable development of the Lots which form part of the proposed plan of subdivision. Are the variances minor? As the construction of model homes for sales and viewing purposes is common in new plans of subdivision, and as they are to be constructed on contiguous Lots near the entrance of a proposed plan of subdivision, the proposed variance is considered to be m CONSULTATIONS: Transportation and Environmental Services – construction of the road giving access to the Lots, and installation of the water main must be completed prior to the issuance of Building Permits Building Department – Engineering Department – ATTACHMENTS: Schedule 1: Location Map Schedule 2: Sketch for Proposed Minor Variance Schedule 3: Building Envelope Plan – Model Home on Lot 14 Schedule 4: Letter dated December 23, 2011 Development Services Meeting Date January 26, 2012 Application No. 2012-A-01 Page 3 of 10 Page 4 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 5 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCCHEDULE1: LOCATIION MAP 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 5 of 10 Page 6 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCHEDDULE 2: SKKETCH FOOR PROPOSSED MINOOR VARIANNCE 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 6 of 10 Page 7 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCHEDDULE 3: Buuilding Enveelope Plan – Model Hoome on Lott 14 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 7 of 10 Page 8 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCHEDULE44A: LETTERR DATED DDECEMBERR 23, 2011 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 8 of 10 Page 9 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCHEDULE44B: LETTERR DATED DDECEMBERR 23, 2011 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Pagee 9 of 10 Page 10 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... SCHEDULE44C: LETTERR DATED DDECEMBERR 23, 2011 2012-AA-01 (Horseeshoe Valleey Lands Lttd.) Deveelopment Services Meeting Daate January 226, 2012 Appllication No. 22012-A-01 Page10 of 10 Page 11 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 12 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 13 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 14 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 15 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 16 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... Page 17 of 25 5a) 2012A01 Horseshoe Valley Lands Limited, Concession ... 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