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THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Thursday, June 21, 2012 Time: 10:04 a.m.
Present: Scott Macpherson, Chair Bruce Chappell
Roy Hastings Allan Johnson
Regrets: Larry Tupling
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.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
Motion No. CA120621 -1
Moved by Hastings, Seconded by Chappell
It is recommended that the agenda for the Committee of Adjustment meeting held on
Thursday, June 21, 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, May 17, 2012.
Motion No. CA120621 -2
Moved by Johnson, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting of
Thursday, May 17, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
5. PUBLIC MEETINGS:
a) 2009 -8 -07 (Mark Porter)
3003 Ridge Road West, Concession 2, Part Lot 2
Application for the creation of a new residential lot.
To be heard in conjunction with:
2009 -B -08 (APT Operational Management Inc.)
2981 Ridge Road West, Concession 2, Part Lot 2
Application to permit a boundary adjustment/lot addition.
Mark Porter, applicant, and Cameron Sellers, Planner, were present.
The Committee received correspondence dated June 19, 2012 from Dr. Donald R.
Nixon.
The Committee received correspondence dated June 20, 2012 from Ian Walker, Lake
Simcoe Region Conservation Authority.
Motion No. CA120621 -3
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2009 -13-08, for a boundary adjustment, 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 severed lands, with an area of approximately 0.4 hectares, be merged in
title with the property at 3003 Ridge 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 land;
3. That the conditions stated in the letter from staff for the County of Simcoe, dated
June 12, 2012, be completed (per Schedule 5 to this report);
4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance
for the parcel severed, for review by the Municipality;
5. That the applicant's solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
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 2 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
Motion No. CA120621 -4
Moved by Johnson, Seconded by Chappell
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2009 -B -07, for the creation of a new residential lot, 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 conditions stated in the letter from staff for the County of Simcoe, dated
June 12, 2012, be completed;
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 a $2,000.00 cash -in -lieu of a parkland contribution for the lot
created;
5. That all municipal taxes be paid to the Township of Oro - Medonte;
6. That all conditions of consent imposed by the Committee on Consent Application
2009 -B -08 be fulfilled; 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 3 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
b) 2012 -A -15 (Darryl, Alfred, and Marilyn Simpson)
392 and 400 Line 9 North, Concession 9, Part Lot 18
Application for relief from increase in situation of non - compliance and non - conformity of
use of buildings and structures.
Darryl Simpson, applicant, was present.
Motion No. CA120621 -5
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -15, specifically to permit the replacement and expansion of a non - complying
and non - conforming second dwelling unit on the property.
Withdrawn.
Motion No. CA120621 -6
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -15, specifically, to permit the replacement and expansion of a non - complying
and non - conforming second dwelling unit on the property, subject to the following
conditions:
1. That, notwithstanding Sections 5.1.16 c) and 5.18 of Zoning By -law 97 -95, as
amended, the proposed replacement of the second dwelling unit 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
proposed replacement of the second dwelling unithave a floor area not exceeding
approximately 1,500 square feet.
3. That the proposed replacement of the second dwelling unit 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 Lake
Simcoe Region 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 by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 4 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
c) 2012 -A -18 (Steve and Joanne Campbell)
257 Line 10 North, Concession 11, North Part Lot 19
Application for relief from maximum height and setbacks from limits of Environmental
Protection (EP) Zone.
Steve and Joanne Campbell, applicants, were present.
Motion No. CA120621 -7
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -18, specifically, to permit the construction of a detached accessory building with
a height of 5.69 metres above grade and located within the boundary of the
Environmental Protection (EP) Zone, subject to the following conditions:
1. That, notwithstanding Sections 5.1.4 and 5.28 of Zoning By -law 97 -95, as amended,
the 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 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey /real property report that the
detached accessory building have a height above grade not exceeding
approximately 5.69 metres;
3. That the detached accessory building 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 Lake
Simcoe Region 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 by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 5 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
d) 2012 -A -19 (Scott Scandrett)
69 O'Brien Street, Lot 28, Plan 702
Application for relief from minimum required exterior side yard, maximum height and
maximum floor area.
Andrew McIntyre, agent, was present.
Motion No. CA120621 -6
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -19, specifically, to permit the construction of a detached accessory building with
an exterior side yard setback of 3.0 metres, a floor area of 96.8 square metres, and a
height of 5.28 metres, subject to the following conditions:
1. That, notwithstanding Sections 5.1.3 c), 5.1.4, and 5.1.6 of Zoning By -law 97 -95, as
amended, the 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 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey /real property report that the
detached accessory building:
a) Be located no closer than approximately 3.0 metres from the exterior side lot line;
b) Have a height not exceeding approximately 5.28 metres above grade; and
c) Have a floor area not exceeding approximately 96.8 square metres.
3. That the detached accessory building, be in conformity with the dimensions as set
out on the application and sketches submitted and approved by the Committee; and
4. 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 6 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
e) 2012 -A -20 (Lawrence and Kimberly Crook)
1180 Line 2 South, Plan 104, Part Lot 9
Application for relief from: 1) For "Carport" (revision to 2008- A -21): accessory building in
front yard and minimum required front yard setback; 2) For "Garage" (new application):
maximum height and maximum floor area.
Lawrence Crook, applicant, was present.
Motion No. CA120621 -9
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment:
1. Defers a portion of Variance Application 2012 -A -20, specifically, to permit the
construction of a "garage ", with a height of 4.75 metres above grade and a floor area
of 131 square metres (1,510 square feet) divided across one and a half storeys,
subject to additional information being obtained from the applicant, and the provision
of proper notice to be given under the Planning Act; and
2. Approves a portion of Variance Application 2012 -A -20, specifically, to permit the
construction of an unenclosed "carport" with a floor area of 66.6 square metres,
located in the front yard at 6.0 metres from the front lot line, subject to the following
conditions:
a) That, notwithstanding Sections 5.1.3 a) and Table B2 of Zoning By -law 97 -95, as
amended, the detached accessory building (the "carport ") shall otherwise comply
with all other applicable provisions of the Zoning By -law;
b) 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 unenclosed "carport ":
i. Be located no closer than approximately 6.0 metres from the front lot line; and
ii. Have a floor area not exceeding approximately 66.6 square metres.
c) That the detached accessory building ( "carport ") be in conformity with the
dimensions as set out on the application and sketches submitted and approved
by the Committee; and
3. 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 — June 21, 2012.
f) 2012 -A -21 (Roy and Freda Poirier)
360 Shanty Bay Road, Plan 1, East Part Block A
Application for relief from accessory building in front yard, maximum height and maximum
floor area.
No one was present to represent the application.
Motion No. CA120621 -10
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment defers Variance Application 2012 -
A -21, specifically, to permit the construction of a detached accessory building in the
front yard of a property with a floor area of 166 square metres and a height of 6.16
metres above grade, at the request of the applicant, to provide them an opportunity to
revise their application.
Carried.
Page 8 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
g) 2012 -A -22 (Alfred and Laurie Jansma)
519 Line 4 North, Concession 5, Part Lot 17
Application for relief from maximum height and maximum floor area.
Alfred Jansma, applicant, was present.
Motion No. CA120621 -11
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -22, specifically, to permit the construction of a detached accessory building with
a floor area of 93.65 square metres, and a height of 4.82 metres above grade, subject
to the following conditions:
1. That, notwithstanding Sections 5.1.4 and 5.1.6 of Zoning By -law 97 -95, as amended,
the 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 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey /real property report that the
detached accessory building:
a) Have a height above grade not exceeding approximately 4.82 metres; and
b) Have a floor area not exceeding approximately 93.65 square metres.
3. That the setbacks, floor area, and height for the proposed detached accessory
building, be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee; and
4. 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 9 of 10
Committee of Adjustment Meeting Minutes — June 21, 2012.
6. NEW BUSINESS:
a) Correspondence dated June 14, 2012 from the Ontario Municipal Board, re:
Appointment of Hearing, Thursday, September 27, 2012 - Coulson Ridge Estate's Ltd.
(2010- B -06).
Motion No. CA120621 -12
Moved by Hastings, Seconded by Chappell
It is recommended by the Committee of Adjustment that the correspondence dated
June 14, 2012 from the Ontario Municipal Board, re: Appointment of Hearing, Thursday,
September 27, 2012 - Coulson Ridge Estate's Ltd. (2010 -B -06) be received.
Carried.
7. NOTICE OF MOTION:
None.
6. NEXT MEETING DATE:
Thursday, July 19, 2012 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA120621 -13
Moved by Hastings, Seconded by Johnson
It is recommended that we do now adjourn at 1:16 p.m.
Scott Macphen, Chair
Carried.
AlalYWiebe, Secre ry Treasurer
Page 10 of 10