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07 19 2012 C of A MinutesTHE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, July 19, 2012 TIME: 10:05 a.m. Present: Scott Macpherson, Chair Bruce Chappell Allan Johnson Roy Hastings 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. CA120719 -1 Moved by Tupling, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting held on Thursday, July 19, 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, June 21, 2012. Motion No. CA120719 -2 Moved by Hastings, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, June 21, 2012 be adopted as printed and circulated. Carried. Page 1 of 6 Committee of Adjustment Meeting Minutes — July 19, 2012. 5. PUBLIC MEETINGS: a) 2012 -A -20 (Lawrence and Kimberly Crook) 1180 Line 2 South, Plan 104, Part Lot 9 Application for relief for: 1) For "Carport" (revision to 2008- A -21): accessory building in front yardand minimum required front yard setback; and 2) For "Garage" (new application): maximum height and maximum floor area. Lawrence Crook, applicant, was present. Motion No. CA120719 -3 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012 -A- 20, specifically, to permit the construction of a detached accessory building (a "garage ") with a floor area of 117.2 square metres and a height of 4.88 metres above grade, appear to meet the four tests of the Planning Act, subject to the following conditions: 1. That, notwithstanding Sections 5.18, 5.1.4, and 5.1.6 of Zoning By -law 97 -95, as amended, the detached accessory building (the "garage ") 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 "garage ": a) Have a footprint not exceeding approximately 74 square metres; and b) Have a height above grade not exceeding approximately 4.88 metres. 3. That the detached accessory building ( "garage ") 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 2 of 6 Committee of Adjustment Meeting Minutes — July 19, 2012. b) 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. Roy Poirier, applicant, was present. Motion No. CA120719 -4 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment approves 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, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 a) 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 any use of the detached accessory building in association with a "Home Occupation" comply with Section 5.12 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 the detached accessory building: a) Be located no closer to the front lot line than approximately 58 metres; b) Have a footprint not exceeding approximately 91.79 square metres; and c) Have a height above grade not exceeding approximately 6.16 metres. 4. 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 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 3 of 6 Committee of Adjustment Meeting Minutes —July 19, 2012. c) 2012 -A -23 - Robert Marchessault & Teresa Cullen 1088 15/16 Sideroad West, Concession 5, West Part Lot 16 Application for relief for accessory building in front yard and maximum lot coverage. Robert Marchessault, applicant, was present. Motion No. CA120719 -5 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012 -A- 23, specifically, to permit the construction of a detached accessory building in the front yard of a property, and where the total area on the lot occupied by detached accessory buildings and structures is approximately 5.4 percent, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 a) and 5.1.5 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 a) The total area of the lot occupied by detached accessory buildings and structures not exceed approximately 5.4 percent of the area of the lot; and b) That the proposed detached accessory building be located no closer to the front lot line than approximately 18 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 4 of 6 Committee of Adjustment Meeting Minutes — July 19, 2012. d) 2012 -B -08 & 2012 -B -09 - Susan Joanne Bateman 688 Line 9 North, Concession 9, Part Lots 16 & 17, RP 51 R2726, Part 2 Applications for technical severances to create two (2) lots which existed as separate parcels of land. Application 2012 -B -09 was withdrawn. No one was present on behalf of the Applicant. Motion No. CA120719 -6 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment defers Consent Application 2012 -B -08, due to revisions made by the applicant that result in changes to its purpose and effect, and to provide appropriate notice under the Planning Act of these changes. Carried. 6. NEW BUSINESS: None. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, August 16, 2012 at 10:00 a.m. Page 5 of 6 Committee of Adjustment Meeting Minutes — July 19, 2012. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120719 -7 Moved by Hastings, Seconded by Tupling It is recommended that we do now adjourn at 11:09 a.m. Macphers n, Chair Alan Wiebe, Secretary Treasurer Carried. Page 6 of 6