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04 19 2012 Committee of Adjustment AgendaTHE TOWNSHIP OF ORO COMMITTEE OF ADJUSTMENT COUNCIL CHAMBERS Thursday, April 19, 2012 TIME: 10:00 a.m.   Page 1.OPENING OF MEETING: a)Appointment of Chair. b)Appointment of Vice Chair. 2.ADOPTION OF THE AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.ADOPTION OF MINUTES: 3-12 a) 2012. 5.PUBLIC MEETINGS: 13-33 a)2012B 489 Ingram Road, Concession 7, Lot 8, 2012A 489 Ingram Road, Concession 7, Lot 8, 34-56 b)2012B Concession 4, Lots 3 and 4, 57-73 2012A 187 Shoreline Drive, Concession 14, West Part Lot 21, an attached garage. 74-106 d)2012B 1927 Ridge Road West, Concession 3, West Part of Lots 27 & 28, Page 1 of 118 Page 5.PUBLIC MEETINGS: 2012A 1927 Ridge Road West, Concession 3, West Part of Lots 27 & 28, Relief from Minimum Lot Area for Proposed Retained Lands and Pro Severed Lands. 6.NEW BUSINESS: 107-117 a)Correspondence dated March 12, 2012 from the Ontario Municipal B Decision 2011B09 (William Robert Crawford and Loretta Maria Crawford), 432 Line 7 South, Concession 7, Lot 23. 118 b)Correspondence dated March 21, 2012 from the Ontario Municipal B Cancellation of Hearing, 2010B Concession 13, Lot 19. 7.NOTICE OF MOTION: 8.NEXT MEETING DATE: 9.ADJOURNMENT: a) Page 2 of 118 4a) THE TOWNSHIP OF OR-MEDONE OOTT COMMITTE OF ADJSTMENT OEEUU MEETING MINUTTES Council Chambbers 10::05 a.m. Thursdaay, March 15, 2012 Presen: tt Larry Tuling, ChaiScott Macpherson ppr Bruce Cappellllan Jhnson hhAoo Regretss: Roy Hasttings Staff present: Alan Wiebbe, Secretaary Treasurrer/Intermeddiate Plannner Marie Brisssette, Depputy Secretaary Treasurer/Committtee Coordinator 1.OPNING OF EETING: EEMM Larry Tuupling assummed the Chhair and called the meeeting to ordder. a)Appointment off Chair. TheItem was eferred to the April 1, 2012 meting. dd99ee b)pointment o Vice Chair. Apff TheItem was ddeferred to the April 199, 2012 meeeting. 2.ADOOPTION OFF THE AGEENDA: a) Moton to Adot the Agenda. ipp MotionNo. CA1200315-1 Movedbby Chappell, Seconded by Macphherson It is recmmendedthat the aenda for te Committee of Adjutment meting of Thrsday, oogghhesseeuu March 15, 2012 be received nd adopte. aadd Carried. 110 Pagge of Page 3 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, February 16, 2012. Motion No. CA120315-2 Moved by Macpherson, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, February 16, 2012 be adopted as printed and circulated. Carried. 5.PUBLIC MEETINGS: a) 2012-B-01 (John and Lisa Bell) 489 Ingram Road, Concession 7, Lot 8 Creation of a new lot by way of severance for a Hobby Farm. John Bell, applicant, was present. Motion No. CA120315-3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment defers Consent Application 2012-B-01, for the creation of a new lot for a Hobby Farm, at the request of the County of Simcoe. Carried. 210 Page of Page 4 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. b) 2012-A-07 (Randy and Bonnie Sheldrake) 2309 Penetanguishene Road, Concession 1, West Part of Lot 32 Relief from maximum floor area (70 square metres) for any one detached accessory building. Randy Sheldrake, applicant, was present. Motion No. CA120315-4 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2012- A-07, specifically, to permit the construction of a 2,000 square foot addition to an existing 3,200 square foot detached accessory building, subject to the following conditions: 1. That, notwithstanding Sections 5.1.4 and 5.1.6 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 the use of all buildings and structures on the property shall comply with all applicable provisions of the Township’s Zoning By-law 97-95; 3. 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 floor area of the detached accessory building will not exceed approximately 483 square metres; 4. 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; 5. That the applicant obtain any permits and/or approvals required from the County of Simcoe; and 6. 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. 310 Page of Page 5 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. c) 2012-A-08 (Michel Verreault and Manon Castilloux) 190 Mill Pond Sideroad, Concession 7, Part Lot 3 Relief from maximum height. Michel Verreault, applicant, was present. Ivan Strachan, adjacent neighbour, noted his support of the application. Motion No. CA120315-5 Moved by Johnson, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2012- A-08, specifically, to permit the construction of a detached accessory building standing as high as 5.03 metres above grade, subject to the following conditions: 1. That, notwithstanding Section 5.1.4 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 the detached accessory building will not exceed approximately 5.03 metres in height 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 Nottawasaga Valley Conservation Authority; and 5. 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. 410 Page of Page 6 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. d) 2012-B-02 (Gregory John Wood) 30 Barrie Terrace, Plan 1, Part Block A, Part Block B, Part Lot 18 Creation of a new lot by way of severance for a residential use. Gregory Wood, applicant, and Klaus Jacoby, solicitor, were present. Ian Malcolm, neighbour, requested that the Committee impose conditions that would preserve tree coverage on the proposed severed lot. Motion No. CA120315-6 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-02, for severance for a residential use, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the letter from staff for the County of Simcoe, dated March 8, 2012, be received and that the conditions contained therein be amended as: a) That the applicant not be permitted to locate or install any building or structure within 15 metres from the limit of the highway pursuant to Section 3.2 of County of Simcoe By-Law 5604; b) That the applicant transfer to the Corporation of County of Simcoe, at no cost, in fee simple, an unencumbered interest in the following lands; i) A daylight (sight) triangle measuring 15 metres East - West and 15 metres North - South at the Northwest corner of the property adjacent to County Road 20 (Ridge Road and Colborne Street) purusant to Condition No. 2 as stated in letter from the County of Simcoe dated March 8, 2012; c) That the entrances to the newly-created lots must be from the local roads (Colborne Street and Barrie Terrace). 3. That the applicant’s solicitor prepare and submit a copy of the proposed conveyance for the parcels severed and retained, for review by the Municipality; 4. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That all municipal taxes be paid to the Township of Oro-Medonte; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 7. And That the applicant or developer of the severed lot be required to enter into a Site Plan Agreement limited to the preservation of trees and the location of the driveway. Carried. 510 Page of Page 7 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. e) 2012-B-03 (Terrence Clark and Kimberly Ann MacDonald) 1672 Old Barrie Road West, Concession 3, Part Lot 10 Creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation. Terrence Clark, applicant, and Shirley Partridge, agent, were present. Wayne Simpson, neighbour, requested clarification if Minimum Distance Separation applied to the application. Motion No. CA120315-7 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-03, for the severance of a residence surplus to a farming operation as a result of farm consolidation, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the minimum total lot area for the severed lot be 2.0 hectares; 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 pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That the applicant apply for, and obtain, an amendment to the zoning of the retained lands, prohibiting their use for a residential purpose; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 610 Page of Page 8 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. f) 2012-A-09 (Stephen Renard) 219 Eight Mile Point Road, Plan 780, Part Lot 105 LF Relief from non-complying buildings and structures, increase in the amount of floor area or volume in a required yard. Dave Inglis, agent, was present. Motion No. CA120315-8 Moved by Macpherson, Seconded by Johnson It is recommended that that the Committee of Adjustment approves Variance Application 2012-A-09, specifically, to permit the increase in volume and floor area of a non-complying building within a required yard, subject to the following conditions: 1. That, notwithstanding Section 5.16.1 b) and Section 5.31 of Zoning By-law 97-95, the dwelling and attached deck 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 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the construction of a second-storey addition, deck, and any associated architectural feature(s) attached to the dwelling be located no closer than approximately 15.6 metres from the average high water mark of Lake Simcoe. 3. That the setbacks for the proposed addition to the existing dwelling, and attached 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 submits a tree planting plan to the satisfaction of the Lake Simcoe Region Conservation Authority; 5. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 6. 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. 710 Page of Page 9 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. g) 2012-A-10 (Green Valley Farms Inc) 1929 Penetanguishene Road, Concession 1, Lot 28 Relief from minimum front yard setback for agricultural building. James Greaves, applicant, was present. Motion No. CA120315-9 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012- A-10, specifically, to construct an agricultural building as near as 15 metres from the front lot line, subject to the following conditions: 1. That, notwithstanding Table B4C of Zoning By-law 97-95, the agricultural 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 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the agricultural building be located no less than approximately 15.0 metres from the front lot line; 3. That the setbacks 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 required from the County of Simcoe; and 5. 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. 6.NEW BUSINESS: a) Correspondence received February 16, 2012 from the Ontario Municipal Board, re: Appointment for Hearing, 2010-B-14 (Allan Shelswell), 127 Line 12 North, Concession 13, Lot 19. Motion No. CA120315-10 Moved by Chappell, Seconded by Johnson It is recommended by the Committee of Adjustment that the correspondence received February 16, 2012 from the Ontario Municipal Board, re: Appointment for Hearing, 2010-B- 14 (Allan Shelswell), 127 Line 12 North, Concession 13, Lot 19 be received. Carried. 810 Page of Page 10 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. b) Correspondence received February 27, 2012 from the Ontario Municipal Board, re: Decision and Order of the Board, 2011-A-17 (Garry and Marie Anne Potter), 18 Lakeshore Road East. Motion No. CA120315-11 Moved by Macpherson, Seconded by Chappell It is recommended that the correspondence received February 27, 2012 from the Ontario Municipal Board, re: Decision and Order of the Board, 2011-A-17 (Garry and Marie Anne Potter), 18 Lakeshore Road East be received. Carried. c) Correspondence received February 27, 2012 from the Ontario Association of Committee of Adjustment, re: 2012 OACA Conference, June 3 to 6, 2012 - Holiday Inn Burlington Hotel and Conference Centre, City of Burlington. Motion No. CA120315-12 Moved by Chappell, Seconded by Johnson It is recommended that the correspondence received February 27, 2012 from the Ontario Association of Committee of Adjustment, re: 2012 OACA Conference, June 3 to 6, 2012 - Holiday Inn Burlington Hotel and Conference Centre, City of Burlington be received; And That Larry Tupling and Scott Macpherson request permission from Council to attend. Carried. Items 1a) and b) were dealt with at this time. 910 Page of Page 11 of 118 4a) Committee of Adjustment Meeting Minutes – March 15, 2012. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, April 19, 2012 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120315-13 Moved by Chappell, Seconded by Johnson It is recommended that we do now adjourn at 1:27 p.m. Carried. 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Page 79 of 118 5d) 2012B 1927 Ridge Road West, ... SCHEDUULE 5: CONNTEXT MAP (“FIGURRE C”) 2012-B-06 andd 2012-A-13 (Forster)) Deveelopment Services Meeeting Date AApril 19, 20122 Appllication No. 22012-B-06 annd 2012-A-133Page 7 of 99 Page 80 of 118 5d) 2012B 1927 Ridge Road West, ... SCHEDDULE 6A: LLETTER FRROM APPLLICANT DAATED MARRCH 29, 20112 (EXTRAACT) 2012-B-06 andd 2012-A-13 (Forster)) Deveelopment Services Meeeting Date AApril 19, 20122 Appllication No. 22012-B-06 annd 2012-A-133Page 8 of 99 Page 81 of 118 5d) 2012B 1927 Ridge Road West, ... SCHEDDULE 6B: LLETTER FRROM APPLLICANT DAATED MARRCH 29, 20112 (EXTRAACT) 2012-B-06 andd 2012-A-13 (Forster)) Deveelopment Services Meeeting Date AApril 19, 20122 Appllication No. 22012-B-06 annd 2012-A-133Page 9 of 99 Page 82 of 118 5d) 2012B 1927 Ridge Road West, ... Page 83 of 118 5d) 2012B 1927 Ridge Road West, ... Page 84 of 118 5d) 2012B 1927 Ridge Road West, ... Page 85 of 118 5d) 2012B 1927 Ridge Road West, ... 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