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Thursday, March 15, 2012
Present:
Regrets:
Staff present:
Larry Tupling, Chair
Bruce Chappell
Roy Hastings
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Scott Macpherson
Allan Johnson
10:05 a.m.
Alan Wiebe, Secretary Treasurer /Intermediate Planner
Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator
1. OPENING OF MEETING:
Larry Tupling assumed the Chair and called the meeting to order.
a) Appointment of Chair.
The Item was deferred to the April 19, 2012 meeting.
b) Appointment of Vice Chair.
The Item was deferred to the April 19, 2012 meeting.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
Motion No. CA120315 -1
Moved by Chappell, Seconded by Macpherson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
March 15, 2012 be received and adopted.
Carried.
Page 1 of 10
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.
Page 2 of 10
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.
Page 3 of 10
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.
Page 4 of 10
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.
Page 5 of 10
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.
Page 6 of 10
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.
Page 7 of 10
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 -6-
14 (Allan Shelswell), 127 Line 12 North, Concession 13, Lot 19 be received.
Carried.
Page 8 of 10
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 1 a) and b) were dealt with at this time.
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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.
La pling, Chair
Carried.
Alan Wiebe, Secretary Treasurer
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