09 20 2012 Committee of Adjustment AgendaTHE TOWNSHIP OF ORO
COMMITTEE OF ADJUSTMENT
COUNCIL CHAMBERS
Thursday, September 20, 2012
TIME: 10:00 a.m.
Page
1.OPENING OF MEETING:
2.ADOPTION OF THE AGENDA:
a)Motion to Adopt the Agenda.
3.DISCLOSURE OF PECUNIARY INTEREST:
4.ADOPTION OF MINUTES:
3-15
a)
2012.
5.PUBLIC MEETINGS:
16-36
a)2012A
1081 Lakeshore Road East, Plan 882, Lot 24
37-71
b)2012B13 & 2012A
67 Shoreline Drive, Concession 14, Lot 22,
from 67 Shoreline Drive to 77 Shoreline Drive, and an applicatio
To be heard in conjunction with:
2012B22, 2012A31 & 2012A
65 Shoreline Drive, Concession 14, Part Lot 22,
from 65 Shoreline Drive to 77 Shoreline Drive (as enhanced by Ap
2012B13), an application to permit the retained lands at 65 Shoreline
increases that setback from the average high water mark of Lake
Page 1 of 123
Page
5.PUBLIC MEETINGS:
from the average high water mark of Lake Simcoe.
72-87
2012B
707 Line 7 South, Concession 8, North Part Lot 25,
88-109
d)2012B15 to 2012B
33 Boyd Crescent, Plan M679, Block 64,
110-123
e)2012B23 & 2012B
770 Horseshoe Valley Road East, Concession 10, East Part Lot 1,
51R15420,
Applications to sever to create two (2) new lots for residential
6.NEW BUSINESS:
7.NOTICE OF MOTION:
8.NEXT MEETING DATE:
9.ADJOURNMENT:
a)
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Item Attachment #4a)
THE TWNSHIPOF ORO-EDONTE
OOMM
COMITTEEF ADJUSMENT
MMOOTT
MEETINGG MINUTESS
CouncilChamberss
Thursdaay, Augustt 16, 2012TIMEE: 10:01 a..m.
Presen:
tt Scott Mapherson,hai Bruce Chappll
ccCCrcee
llan Johnson Ro Hastings
Ayy
Larry Tuling
pp
Staff present:
Alan Wiebbe, Secretaary Treasurrer/Intermeddiate Plannner
Marie Brisssette, Commmittee Coordinator
1.OPEENING OF MMEETING:
Scott Mcphersonassumed te Chair ad called the meeting to order.
aahhnnh
2.ADOOPTION OFF THE AGEENDA:
a) Motion to Adoppt the Agenda.
MotionNo. C1208816-1
Movedy Tupling, Secondedby Hastins
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It is recoommendedthat the aggenda for thhe Committeee of Adjusstment meeeting held oon
Thursdaay, August 116, 2012 bee received aand adopteed.
Caried.
rr
3.DISLOSURE OF PECUIARY INTEREST:
CCNN
None deeclared.
4.ADOOPTION OFF MINUTESS:
a) Mintes of the Committe of Adjustent meetig held on hursday,uly 19, 2012.
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MotionNo. C12016-2
88
Movedbby Hastingss, Secondedd by Johnson
It is recoommendedthat the miinutes of the Committeee of Adjusstment meeting of
Thursdaay, July 19, 2012 be addopted as pprinted and circulated.
Caried.
rr
113
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Page 3 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
5.PUBLIC MEETINGS:
a) 2010-B-25 (David and Sylvia Beard),
872 Horseshoe Valley Road East, Concession 11, West ½ Lot 1 (Former Township of
Medonte),
Application for a technical severance to create a lot which once existed as a separate
parcel of land.
David Beard and Deanna Beard Davignon, applicants, were present.
Motion No. C120816-3
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2010-B-25, for a technical severance, subject to the following conditions:
1. That the applicant apply for, and obtain approval from the County of Simcoe for an
entrance to the Proposed Retained Lands;
2. That one copy of a Reference Plan of the subject lands prepared by an Ontario Land
Surveyor be submitted to the Secretary-Treasurer of the Committee of Adjustment;
3. That the applicants 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 all municipal taxes be paid to the Township of Oro-Medonte; and
6. That the conditions of consent imposed by the Committee be fulfilled within one year
after the applicant obtains final approval from the County of Simcoe for an entrance
to the "Proposed Retained Lands".
Carried.
213
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
b) 2012-B-07 (Barbara Brechin),
1151 Warminster Sideroad, Concession 11, East Part Lot 5,
Application to permit a boundary adjustment/lot addition.
Roy Brechin and Alaine Faris, applicants, were present.
The Committee received correspondence dated August 8, 2012 from
Motion No. C120816-4
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012-B-07, for a boundary adjustment, subject to the following conditions:
1. That one copy 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 4.89 hectares, be merged in
title with the property at 3968 Line 11 North, and that the provisions of Subsection 3
or 5 of Section 50 of The Planning Act apply to any subsequent c
transaction involving the subject land;
3. That the applicants 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; and
5. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
313
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
c) 2012-B-08 (Susan Joanne Bateman),
688 Line 9 North, Concession 9, Part Lots 16 & 17, RP 51R2726, Part 2,
Application for a severance to create a new lot for an agricultu
Susan and William Bateman, applicants, were present.
Motion No. C120816-5
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012-B-08, for the creation of a new 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 applicants solicitor prepare and submit a copy of the proposed conveyance
for the parcel severed, for review by the Municipality;
3. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland
contribution;
4. That all municipal taxes be paid to the Township of Oro-Medonte; and
5. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
413
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
d) 2012-A-24 (John and Sue Evans),
1 Beach Road, Plan 949, Lot 15,
Application for relief from setback from average high water mark of Bass Lake for a
swimming pool and a deck.
John Duck, agent, was present.
Motion No. C120816-6
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2012-A-24, specifically, to permit the installation of an above ground swimming pool and
construction of a deck on the property, respectively located at 11 metres and 9.5 metres
from the average high water mark of Bass Lake, subject to the following conditions:
1. That, notwithstanding Section 5.31 of Zoning By-law 97-95, the deck and above
ground swimming pool 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 Committees 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 deck attached to the dwelling be located no closer than approximately 9.5
metres from the average high water mark of Bass Lake; and
b) The above ground swimming pool be located no closer than approximately 11.0
metres from the average high water mark of Bass Lake.
3. That the setbacks for the proposed deck and swimming pool, 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; and
5. That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committees decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
513
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
e) 2012-B-10 (James Orr),
8484 Highway 12,
Application for a boundary adjustment/lot addition.
Gregory Evans, agent/solicitor and Eleanor Bloom, owner of the lands to be enhanced,
were present.
John Duncan and Darren Charpontier, neighbours, objected to the application as it
would eliminate access for the abutting property owners to their property via the
established right-of-way.
Dorothy Orr, the applicants niece, questioned staff regarding the Townships interest in
assuming the laneway.
Michael Fisher, neighbour, expressed concern over closing the laneway and eliminating
access by emergency services, if required.
Motion No. C120816-7
Moved by Tupling, Seconded by Chappell
It is recommended that the Committee of Adjustment defers Application 2012-B-10, for
a boundary adjustment, subject to clarification from the Director of Transportation and
Environmental Services.
Carried.
613
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
f) 2012-B-11 (Robins Holsteins Ltd),
130 Hummingbird Hill Road, Concession 2, Part Lot 69,
Application for the creation of a new lot by way of severance for a Hobby Farm.
Bryan MacKell, agent, was present on behalf of the applicants.
John Meyer, purchaser of the proposed severed lands, provided clarification regarding
the requirements for lot size by the County of Simcoe and the Township of Oro-Medonte
which lead to the proposed size of the lot to be created.
Motion No. C120816-8
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012-B-11, for the creation of a new lot for a Hobby Farm, 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 applicant provide written verification of compliance with the Ontario Building
Code of the setback to the proposed property line from the septic system on the
severed lands;
3. That the applicant provide written verification of compliance with Zoning By-law 97-
95, as amended, of the setback from the agricultural building on the severed lands
with the proposed interior side and rear lot lines and, in the event of deficiency in the
setback, that such deficiency be addressed through the Zoning By-law Amendment,
as required in condition 4, below;
4. That the applicant apply for, and obtain, an amendment to the zoning of:
a. The retained lands, prohibiting their use for a residential purpose; and
b. The severed lands, recognizing a deficient lot size of 1.71 hectares for a Hobby
Farm and a deficient rear yard setback for the accessory agricultural building (if
required).
5. That the applicants solicitor prepare and submit a copy of the proposed conveyance
for the parcel severed, for review by the Municipality;
6. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland
contribution;
7. That all municipal taxes be paid to the Township of Oro-Medonte; and
8. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
713
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Page 9 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
g) 2012-B-12 (J & K Farms Limited)
2203 Ski Trails Road, Concession 1, North Part Lot 15,
Application for the creation of a new lot by way of severance, for a residence surplus to a
farming operation as a result of farm consolidation.
Jim Drury, applicant, and Shirley Partridge, agent, were present.
Motion No. C120816-9
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012-B-12, 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 applicant apply for, and obtain, an amendment to the zoning of:
a. the retained lands, prohibiting their use for a residential purpose; and
b. the severed lands, recognizing a deficient lot size of 0.6 hectares for a Hobby
Farm and/or to permit an agricultural building on a lot with a deficient size for an
agricultural use.
3. That the applicants 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 all municipal taxes be paid to the Township of Oro-Medonte; and
6. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
813
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Page 10 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
h) 2012-A-25 (Robert and Patricia Dasovic),
911 Bass Lake Sideroad West,
Application for relief from maximum floor area for apartment dwelling unit accessory to a
single detached dwelling.
Robert and Patricia Dasovic, applicants, were present.
Elizabeth and Dennis French expressed concern over the granny flat being converted to
a legal apartment or second home, and rented to the general public.
Motion No. C120816-10
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012-A-25, specifically, to permit the construction of an addition to the existing dwelling
for the purpose of an apartment accessory to the single detached dwelling having a
floor area of 109 square metres, subject to the following conditions:
1. That, notwithstanding Section 5.4 b) of Zoning By-law 97-95, as amended, the
apartment accessory to the single detached dwelling 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 Committees 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
apartment accessory to the single detached dwelling, have a floor area not
exceeding approximately 109 square metres;
3. That the apartment accessory to the single detached dwelling be in conformity with
the dimensions as set out on the application and sketches submitted and approved
by the Committee;
4. That the appropriate zoning certificate and building and sewage system permits be
obtained from the Township only after the Committees decision becomes final and
binding, as provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
913
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Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
i) 2012-A-27 (Dale and Cecile Amos),
25 Forrester Road, Plan 712, Lot 9,
Application from minimum Required Interior Side Yard and for enlargement of a non-
complying without: a) further encroaching into a required yard, b) increasing floor
area/volume in a required yard, and c) increasing a situation of non-compliance.
Dale Amos, applicant, and Andrew McIntyre, agent, were present.
Jane Hay, neighbour, noted that she was building on the adjacent lot and did not object.
Sam Cincilla, neighbour, noted his support for the application if the Committee could
ensure that no drainage from the subject property be directed onto his property.
Motion No. C120816-11
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application
2012-A-27, specifically, to permit the construction of additions to the existing dwelling
increasing the amount of floor area and volume in the required interior side yards, and
decreasing the setback from the interior side lot line to the east to 1.2 metres, 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 an Ontario Land Surveyor provide verification to the Township of compliance
with the Committees 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, inclusive of the addition of an attached garage and roof over an
existing deck be located no closer than:
a) Approximately 1.2 metres from the interior side lot line to the east; and
b) The existing dwelling from the interior side lot line the west (at 1.79 metres).
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;
4. That the existing detached accessory building in the front yard of the property be
demolished;
5. That the construction of additions to the dwelling be subject to the preparation and
submission of a lot grading plan prepared by a civil engineer/Ontario Land Surveyor,
and reviewed and approved by the Township's engineer;
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 Committees decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
1013
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Page 12 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
j) 2012-A-28 (Don and Shirley Creech),
2 Sunset Crescent, Plan M340, Part Lot 1,
Application for relief from existence of detached accessory buildings on a lot prior to the
erection of a main building, maximum floor area of a detached accessory building and
enlargement of a non-complying building in a manner that does not increase a situation
of non-compliance.
Don Creech, applicant, was present.
Brad Ingleton, neighbour, expressed concern regarding the increase in height and
square footage of the building currently used as a commercial business, and
inappropriate for the neighbourhood.
Chris Vandenberg, neighbour, added that the structure is very visible and was built
without a permit.
Carol Beer, neighbour, questioned where the driveway would be located.
Ted Burton, neighbour, noted that the additional driveway would likely be at a T
intersection which is currently unsafe for the school bus route and that the commercial
use of the property did not suit the residential neighbourhood.
The Committee received correspondence dated August 16, 2012 from
and Tracey Makar.
Motion No. C120816-12
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012-A-28, specifically, to permit the construction of an addition to the existing detached
accessory building to have a total floor area of 80.3 square metres, subject to the
following conditions:
1. That, notwithstanding Sections 5.1.2, 5.1.6, and 5.16.1 c) 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 Committees 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 has a floor area not exceeding approximately 80.3
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;
4. That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committees decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Defeated.
1113
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Page 13 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
Motion No. C120816-13
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment denies Variance Application 2012-A-
28, specifically, to permit the construction of an addition to the existing detached accessory
building to have a total floor area of 80.3 square metres.
Carried.
k) 2012-A-29 (Napoleon Systems & Developments Ltd),
2621 Gore Road, Concession 1, North Part Lot 10,
Application for relief from minimum width of planting strip adja
lot lines, parking standards, minimum width of driveways leading
parking lot and setback from top of bank of water course.
Jamie Robinson, agent, and Stephen Schroeter, applicant, were pr
Tony Byczko, neighbour, noted his support for the application.
Motion No. C120816-14
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Vari
A-29, subject to the following conditions:
1. That, notwithstanding Table B3, and Sections 5.19, 5.20.2.2, and 5.33 of Zoning By-law
97-95, as amended, the development of the subject property shall
with all other applicable provisions of the Zoning By-law;
2. That an Ontario Land Surveyor provide verification to the Tow
the Committees decision by 1) pinning the footing and 2) verify
pouring of the foundation by way of survey/real property report
a) The width of the planting strip adjacent to Gore Road be no l
1.0 metre; and
b) The width of the entrance accommodating two-way traffic into the property be no
less than approximately 7.5 metres.
3. That the development of the subject property be in conformity
set out on the application and sketches submitted and approved b
4. That the approval of Variance Application 2012-A-29 be subjec
obtaining approvals from all internal departments at the Townshi
commenting agencies by way of a Site Plan Application for the pr
including:
a) The Ministry of Transportation; and
b) The Nottawasaga Valley Conservation Authority.
5. That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committees decision becomes final and b
the Planning Act R.S.O. 1990, c.P. 13.
Carried.
1213
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Page 14 of 123
Item Attachment #4a)
Committee of Adjustment Meeting Minutes August 16, 2012.
6.NEW BUSINESS:
None.
7.NOTICE OF MOTION:
None.
8.NEXT MEETING DATE:
Thursday, September 20, 2012 at 10:00 a.m.
9.ADJOURNMENT:
a) Motion to Adjourn.
Motion No. C120816-
Moved by Chappell, Seconded by Tupling
It is recommended that we do now adjourn at 3:30 p.m.
Carried.
Scott Macpherson, Chair Alan Wiebe, Secretary Treasurer
1313
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Item Attachment #5a)
Aplication N:To: Comittee oAdjustmentPreparedBy:
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201-A-26lan Wiee,
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Intermediate Planneer
Meting Date:Subect: Variace AppliationMotion #
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Sepptember 20, 2012 (Isaiah Moses) _______________________
10881 Lakeshoore Road EEast
Rolll #:R.M.S. File #:
Plan 8882, Lot 24
43466-010-010-07800D13-433811
(Former Towwnship of OOro)
REQQUIRED COONDITIONSS:
BACCKGROUNND:
Thepurpose f this reprt is to cosider Minr Varianc Applicatin 2012-A26, for relef from th
oooonnooeeoo--iiee
Tonships Coprehensie Zoning -Law in rlation to te maximu height of a boathoue with a flt
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roof, and the aximum idth of a bathouse in relation to the width f the lot at he averag high watr
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mark. The subbject properrty presentlly contains a single deetached dwwelling and a detachedd accessoryy
buildding, and thhe applicannt is proposing to consstruct a neww boathousee on the prroperty. Thhe proposedd
boatthouse wouuld have a height aboove the aveerage high water marrk of 5.45 mmetres to its decklinee,
andhave a deppth of 9.14 metres andd a width off 7.32 metrres, occupyying 38 perccent of the width of thee
lott the averge high wter mark.
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ANLYSIS:
AA
Theapplicant i requestin the folloing relief frm Table 1 of Zonin B-law 9-95:
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Zoe: Shorelie Residetial (SR) oneReqiredroposed
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1. Section 5.6 c) Maximmum widthh of boathoouse in relaation to
30 prcent8 percent
ee33
width of lot at avverage higgh water mark
2. Section 5.6 f) Maximmum heightt of boathoouse abovee average
4.5etres.45 metres
mm55
highwwater markk
FINAANCIAL:
Notapplicable.
POLLICIES/LEGGISLATIONN:
Dotthe variancces conforrm to the ggeneral inteent of the OOfficial Plaan?
horeline
Thesubject prooperty is deesignated SS inthe Official Plan.
Deveelopment Services MeetingDate Septemmber 20, 20122
Appllication No. 22012-A-26 Page 1 of 55
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