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12 15 2011 C of A Minutesx ter► -..�,. Piottd f mitre, hxeithr g Fiaime Thursday, December 15, 2011 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 10:07 a.m. Present: Larry Tupling, Chair Allan Johnson Bruce Chappell Roy Hastings (left at 11:55 a.m.) Scott Macpherson Staff present: Alan Wiebe, Secretary Treasurer /Intermediate Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator Doug Irwin, Director of Corporate Services /Clerk 1. OPENING OF MEETING: Larry Tupling assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA111215 -1 Moved by Chappell, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, December 15, 2011 be received and adopted as amended to add: 6c) Confirmation of OMB Hearing Date, 2011 -A -17 (Potter), 18 Lakeshore Road East, Plan 655, Lot 10. Carried. b) Appointment of Secretary Treasurer. Motion No. CA111214 -2 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment appoints Alan Wiebe as Secretary Treasurer of the Committee of Adjustment. Carried. Page 1 of 8 Committee of Adjustment Minutes — December 15, 2011 3. DISCLOSURE OF PECUNIARY INTEREST: None. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, November 17, 2011. Motion No. CA111215 -3 Moved by Johnson, Seconded by Macpherson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, November 17, 2011 be adopted as printed and circulated. Carried. Page 2 of 8 Committee of Adjustment Minutes — December 15, 2011 5. PUBLIC MEETINGS: a) 2011 -13-29 (Henrietta Stoffregen) 1292 Mount Saint Louis Road West, Concession 3, West Part Lot 11 Application to permit a boundary adjustment/lot addition. Peter Stoffregen, agent, was present on behalf of the applicant. Motion No. CA111215 -4 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Application 2011 -B -29, for a boundary adjustment, subject to the following conditions: 1. That three copies of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands, with an area of approximately 0.44 hectares, be merged in title with the property at 1284 Mount Saint Louis 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 applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. And 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 8 Committee of Adjustment Minutes — December 15, 2011 b) 2011 -A -33 (George Peacock) 1045 Lakeshore Road East, Plan 882, Lot 4 Application for relief from setback from average high water mark of Lake Simcoe for a deck and stairs, and relief from minimum required interior side yard for a deck. George Peacock, applicant, was present. Motion No. CA111215 -5 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 33, specifically, to reduce the minimum required setbacks from: a) an interior side lot line for a covered deck from 3.0 metres to 1.65 metres, b) the average high water mark of Lake Simcoe for a covered deck from 20.0 metres to 18.65 metres, and c) the average high water mark of Lake Simcoe for stairs accessing the deck from 20.0 metres to 17.65 metres, subject to the following conditions: 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 covered deck be located no closer than approximately: i. 18.65 metres from the average high water mark of Lake Simcoe; and ii. 1.65 metres from the interior side lot line to the east. b. The stairs attached to the deck be located no closer than approximately 17.65 metres from the average high water mark of Lake Simcoe. 2. That the setbacks for the proposed covered deck and architectural feature (stairs) be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 3. As required by the Lake Simcoe Region Conservation Authority ( LSRCA): a. That a permit be obtained under Ontario Regulation 179/06 from the Lake Simcoe Region Conservation Authority ( LSRCA), prior to the issuance of a municipal building permit for the construction of the proposed covered deck, and any other proposed development or site grading within the regulated portion of the subject property; b. That a shoreline planting plan be submitted to the satisfaction of the Township and LSRCA staff; c. That the proposed deck not be enclosed; and d. That all development fees ($200.00) be paid to the LSRCA in accordance with the Planning and Development Fees Policy (April 23, 2010). 4. And 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 8 Committee of Adjustment Minutes — December 15, 2011 c) 2011 -A -34 (Miriam Goldstein) 30 Ward Avenue, Plan 1222, Lot 2 Application for relief from provision of no increase permitted and request for increase setback from average high water mark of Bass Lake. David Robson, agent, was present on behalf of the applicant. Connie Simo expressed concern in regards to the proposed second level deck as it would provide the applicant a view over her front and backyard impeding on her privacy. She also questioned whether the garage that would replace the bunkie would be required to meet the setbacks. Motion No. CA111215 -6 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 34, specifically, to permit the increase in volume and floor area of a non - complying building within a required yard, and to permit the construction of a deck attached to the existing dwelling, at 11.2 metres from the average high water mark of Bass Lake, 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: a) The construction of a second - storey addition to the existing dwelling not result in an increase in the footprint of the existing dwelling, located within 15.0 metres of the average high water mark of Bass Lake; and b) That the deck attached to the dwelling not be located any closer than 11.2 metres from the average high water mark of Bass Lake. 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 obtain any permits and /or approvals required, from the Nottawasaga Valley Conservation Authority. 5. And 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 8 Committee of Adjustment Minutes — December 15, 2011 d) 2011 -B -30 (Joe and Susan Jolie) 192 Lakeshore Road West, Plan 807, Lot 28, RP, 51 R18829, Part 1 Application to create a new residential lot. Joe Jolie, applicant, was present. Glenn and Kerry Melton reiterated their concerns outlined in correspondence dated December 15, 2011. Silver "Sim" Holmberg provided some historical detail regarding the lads to the north, as it related to a past boundary adjustment involving the subject lands. Motion No. CA111215 -7 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2011 -B -30, for the creation of a new residential lot, subject to the following conditions: 1. That three copies 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 applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 3. As required by the Lake Simcoe Region Conservation Authority ( LSRCA): a) That a species at risk inventory be undertaken to the satisfaction of the Township, County, and LSRCA in order to meet the provisions of the Endangered Species Act; and b) That all development fees ($300.00) be paid to the LSRCA in accordance with the Planning and Development Fees Policy (April 23, 2010). 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. And 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 8 Committee of Adjustment Minutes — December 15, 2011 6. NEW BUSINESS: a) Confirmation of OMB Hearing Date, 2011 -B -09 (Crawford), 432 Line 7 South, Concession 7, Lot 23 (Former Township of Oro). Motion no. CA111215 -8 Moved by Johnson, Seconded by Macpherson It is recommended that the correspondence received December 3, 2011 from the Ontario Municipal Board, re: Confirmation of OMB Hearing Date, 2011 -B -09 (Crawford), 432 Line 7 South, Concession 7, Lot 23 (Former Township of Oro) be received. Carried. b) OACA December 2011 Newsletter. Motion No. CA111215 -9 Moved by Macpherson, Seconded by Chappell It is recommended that the OACA December 2011 Newsletter be received. Carried. c) Confirmation of OMB Hearing Date, 2011 -A -17 (Potter), 18 Lakeshore Road East, Plan 655, Lot 10. Motion No. CA111215 -10 Moved by Johnson, Seconded by Macpherson It is recommended that the correspondence received December 8, 2011 from the Ontario Municipal Board, re: Confirmation of OMB Hearing Date, 2011 -A -17 (Potter), 18 Lakeshore Road East, Plan 655, Lot 10 be received. Carried. Page 7 of 8 Committee of Adjustment Minutes — December 15, 2011 Moved by Macpherson Motion No. CA111215 -11 It is recommended that the Committee of Adjustment wishes to acknowledge Steven Farquharson for his work and wish him the best in his new career at the City of Barrie. Carried by Consensus. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, January 19, 2012 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA111215 -12 Moved by Macpherson, Seconded by Johnson It is recommended that we do now adjourn at 12:21 p.m. Lar up ing, C air Alan Wiebe, Secret' ry Treasurer Page 8 of 8