08 16 2012 C of A MinutesU14(
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Thursday, August 16, 2012 TIME: 10:01 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. C120816 -1
Moved by Tupling, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting held on
Thursday, August 16, 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, July 19, 2012.
Motion No. C120816 -2
Moved by Hastings, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of
Thursday, July 19, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 13
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 1/2 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 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 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.
Page 2 of 13
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 J.L. Paterson.
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 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; 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.
Page 3 of 13
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 agricultural purpose.
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 applicant's 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.
Page 4 of 13
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 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 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 Committee's decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 5 of 13
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 applicant's niece, questioned staff regarding the Township's 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.
Page 6 of 13
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 applicant's 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.
Page 7 of 13
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 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 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.
Page 8 of 13
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 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
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 Committee's decision becomes final and
binding, as provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 9 of 13
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 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 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 Committee's decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 10 of 13
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 Dr. Magdy Makar
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 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 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 Committee's decision becomes final and binding, as
provided by the Planning Act R.S.O. 1990, c.P. 13.
Defeated.
Page 11 of 13
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 adjacent to front and exterior side
lot lines, parking standards, minimum width of driveways leading to a parking area or a
parking lot and setback from top of bank of water course.
Jamie Robinson, agent, and Stephen Schroeter, applicant, were present.
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 Variance Application 2012 -
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 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 width of the planting strip adjacent to Gore Road be no less than approximately
1.0 metre; and
b) The width of the entrance accommodating two -way traffic into the property be no
Tess than approximately 7.5 metres.
3. That the development of the subject property be in conformity with the dimensions as
set out on the application and sketches submitted and approved by the Committee;
4. That the approval of Variance Application 2012 -A -29 be subject to the applicant
obtaining approvals from all internal departments at the Township and all relevant
commenting agencies by way of a Site Plan Application for the proposed development,
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 Committee's decision becomes final and binding, as provided by
the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 12 of 13
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.
Liiik
Scott Macph = son, Chair Alan Wiebe, Sew' etary Treasurer
Carried.
Page 13 of 13