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05 17 2012 C of A MinutesThursday, May 17, 2012 Present: Scott Macpherson, Bruce Chappell Allan Johnson THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Vice -Chair Roy Hastings Regrets: Larry Tupling, Chair Staff present:Alan Wiebe, Secretary Treasurer /Intermediate Planner Marie Brissette, Committee Coordinator 1. OPENING OF MEETING: Scott Macpherson assumed the Chair and called the meeting to order. a) Appointment of Chair. Motion No. CA120517 -1 Moved by Chappell, Seconded by Johnson Time: 10:04 a.m. It is recommended that the appointment of the Chair in accordance with Section 6.0 of the Committee of Adjustment Procedural By -Law No. 2011 -013 for the 2012 term be deferred to the June 21, 2012 meeting of Committee of Adjustment. Defeated. Motion No. CA120517 -2 Moved by Hastings, Seconded by Johnson It is recommended by the Committee of Adjustment that Scott Macpherson be appointed as Chair of the Committee of Adjustment for remainder of the 2012 Term. Carried. b) Appointment of Vice Chair. Motion No. CA120517 -3 Moved by Johnson, Seconded by Macpherson It is recommended by the Committee of Adjustment that Roy Hastings be appointed as Vice Chair for the Committee of Adjustment for the remainder of the 2012 Term. Carried. Page 1 of 6 Committee of Adjustment Meeting Minutes — May 17, 2012. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA120517 -4 Moved by Hastings, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting held on Thursday, May 17, 2012 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, April 19, 2012. Motion No. CA120517 -5 Moved by Johnson, Seconded by Hastings It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, April 19, 2012 be adopted as printed and circulated. Carried. Committee of Adjustment Meeting Minutes — May 17, 2012. 5. PUBLIC MEETINGS: a) 2012 -A -14 (Robin Patricia Lee) 55 Lakeshore Road East, Lots 3 & 40, Plan 798, RP 51 R- 37485, Part 2 Relief from minimum required interior side yard (for dwelling), minimum required front yard (for private garage), minimum required interior side yard (for private garage), maximum height (for private garage) and maximum floor area (for private garage). Robin Lee, applicant, and Andrew McIntyre, designer, were present. Albert Farrell noted concern over the removal of existing vegetative buffer and requested that the vegetative buffer be replaced. Motion No. CA120517 -6 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012 -A- 14, specifically, to permit the replacement of an existing attached garage within the minimum required front and interior side yards, subject to the following conditions: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That, notwithstanding Sections 5.1.3 a), 5.1.3 d), 5.1.4, and 5.1.6 of Zoning By -law 97 -95, as amended, the detached private garage shall otherwise comply with all other applicable provisions of the Zoning By -law; 3. 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 single detached dwelling be located no closer than approximately 1.75 metres from the interior side lot line to the east; b) The detached private garage be located no closer than approximately: i. 5.0 metres from the front lot line; and ii. 1.5 metres from the interior side lot line to the west. c) The detached private garage not exceed approximately: i. 5.0 metres in height above grade; and ii. 90 square metres in "floor area ". 4. That the setbacks for the proposed single detached dwelling, and the setbacks, floor area, and height for the detached private garage, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 5. That a shoreline planting plan be submitted to the satisfaction of the Lake Simcoe Region Conservation Authority; 6. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 7. 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 3 of 6 Committee of Adjustment Meeting Minutes — May 17, 2012. b) 2012 -A -15 (Darryl, Alfred, and Marilyn Simpson) 392/400 Line 9 North, Concession 9, Part Lot 18 Relief to increase in situation of non - compliance and for non - conformity of use of buildings and structures. Darryl and Alfred Simpson, applicants, were present. Motion No. CA120517 -7 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment defers Variance Application 2012 -A- 15. Carried. c) 2012 -A -16 (Evelyn Helen Lennox) 1520 Line 1 North, Concession 1, East Part of Lot 24 Request for enlargement of non - complying building, relief from setback from limits of Environmental Protection Zone and setback from water courses (top of bank). Paul and Fred Haughton, agents, were present. Motion No. CA120517 -8 Moved by Chappell, Seconded by Johnson It is recommended that he Committee of Adjustment approves Variance Application 2012 - A-16, specifically, to permit the construction of an addition to a single detached dwelling 0 metres from the top of bank of a watercourse and the boundary of the Environmental Protection (EP) Zone, subject to the following conditions: 2 3 That the setbacks for the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; That the applicant obtain any permits and /or approvals required, from the Nottawasaga Valley Conservation Authority; and That the appropriate zoning certificate(s) and building permit(s) 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 6 Committee of Adjustment Meeting Minutes — May 17, 2012. d) 2012 -A -17 (Steven Anderson) 256 Lakeshore Road East, Lot 32, Plan 589 Relief from minimum required front yard, minimum required interior side yard (to north), minimum required rear yard and increase in the amount of floor area or volume in a required yard through the replacement and enlargement of a non - complying building. Steve Anderson, applicant, was present. L. Roxborough, neighbour, noted concern over the survey provided by the applicant. Staff noted that anonymous correspondence was received and kept on file and not provided to the Committee as it did not meet the requirements of Section 14.0 of Procedural By -law 2011 -013. Motion No. CA120517 -9 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012 - A -17, specifically, to permit the replacement of a non- complying dwelling in the same footprint and in a manner that increases the amount of floor area and volume occupied by the previous dwelling, subject to the following conditions: 2. 3 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 single detached dwelling: a) be located no closer than approximately: i. 3.22 metres from the front lot line; ii. 2.68 metres from the interior side lot line to the north; and iii. 5.69 metres from the rear lot line. b) Not have a floor area exceeding approximately 180 square metres. That the setbacks for the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and That the appropriate zoning certificate(s) and building permit(s) 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 5 of 6 Committee of Adjustment Meeting Minutes — May 17, 2012. 6. NEW BUSINESS: a) OACA April 2012 Newsletter. Motion No. C120517 -10 Moved by Chappell, Seconded by Johnson It is recommended by the Committee of Adjustment that the OACA April 2012 Newsletter be received. Carried. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, June 21, 2012 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120517 -11 Moved by Johnson, Seconded by Chappell It is recommended that we do now adjourn at 11:57 a.m. Carried. Scott Macphers n, Vic -Chair Ala � iebe, Secrets Treasurer Page 6 of 6