09 20 2012 C of A Minutes07z,11
r• FlitUrr
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Thursday, September 20, 2012 TIME: 10:03 a.m.
Present:
Scott Macpherson, Chair Larry Tupling
Allan Johnson Roy Hastings
Regrets: Bruce Chappell
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. CA120920 -1
Moved by Hastings, Seconded by Tupling
It is recommended that the agenda for the Committee of Adjustment meeting held on
Thursday, September 20, 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, August 16, 2012.
Motion No. CA120920 -2
Moved by Tupling, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
August 16, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
5. PUBLIC MEETINGS:
a) 2012 -A -26 (Isaiah Moses)
1081 Lakeshore Road East, Plan 882, Lot 24
Application for relief from maximum width of boathouse in relation to width of lot at
average high water mark and maximum height of boathouse above average high water
mark.
Isaiah Moses, applicant, was present.
Motion No. CA120920 -3
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application 2012 -
A-26, with respect to the construction of boathouse on the subject property:
1. That notwithstanding Section 5.6 c) and 5.6 f) of Zoning By -law 97 -95, as amended, the
boathouse shall otherwise comply with all other provisions of the Zoning By -law;
2. That the width of the boathouse, as "measured from the interior faces of the walls of the
boathouse ", does not exceed approximately 38 percent "of the width of the lot at the
average high water mark" for Lake Simcoe;
a) That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing
prior to pouring of the foundation by way of survey /real property report that the
boathouse does not exceed approximately:
i. 38 percent of the width of the lot at the average high water mark of Lake Simcoe;
and
ii. 5.45 metres above the average high water mark of Lake Simcoe.
3. That the applicant obtain any permits and /or approvals required from the Lake Simcoe
Region Conservation Authority; 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 for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 2 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
b) 2012 -B -13 & 2012 -A -30 (Randy and Shirley Clayton),
67 Shoreline Drive, Concession 14, Lot 22,
An application to permit a boundary adjustment/lot addition to convey land from 67
Shoreline Drive to 77 Shoreline Drive, and an application to permit the retained lands at
67 Shoreline Drive to have a deficient lot area for the Shoreline Residential (SR) Zone.
To be heard in conjunction with:
2012 -B -22, 2012 -A -31 & 2012 -A -32 (Paul, Michael, and Sheila Dyon),
65 Shoreline Drive, Concession 14, Part Lot 22,
An application to permit a boundary adjustment/lot addition to convey land from 65
Shoreline Drive to 77 Shoreline Drive (as enhanced by Application 2012- B -13), an
application to permit the retained lands at 65 Shoreline Drive to increase a situation of
non - compliance by further reducing its deficient lot area, and an application to permit the
replacement and enlargement of the existing non - complying dwelling at 65 Shoreline
Drive in a manner that: a) increases that setback from the average high water mark of
Lake Simcoe for a deck, and to a dwelling; and b) increases the amount of volume and
floor area of an existing non - complying building within the 20 metres required setback
from the average high water mark of Lake Simcoe.
Randy and Shirley Clayton, applicants, were present.
Dale Eplett, surveyor and agent, was present.
Lorriane Teal- Ingrassia, neighbour, noted her support for the application and questioned the
location of the proposed well.
Motion No. CA120920 -4
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application 2012 -
A-30, specifically, to permit a boundary adjustment by Consent Application 2012 -B -13 which
would result in the retained lands having a lot area of 0.1477 hectares.
Carried.
Page 3 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
Motion No. CA120920 -5
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -13, for a boundary adjustment, subject to the following conditions:
1. That, in conjunction with Consent Application 2012 -B -13, Variance Application 2012 -A-
30 be approved;
2. 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;
3. That the severed lands, with an area of approximately 0.075 hectares, be merged in title
with the property at 77 Shoreline Drive, 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;
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 applicants solicitor provide an undertaking that the severed lands and the lands
to be enhanced will merge in title;
6. That the retained lands (area "C" on Schedule "B" to this Decision), with an area of
approximately 0.1477 hectares, be merged in title with area "D" on Schedule "B" to this
Decision, 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;
7. That the applicants solicitor provide an undertaking that the retained lands and area "D"
on Schedule "B" to this Decision will merge in title; 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.
Motion No. CA120920 -6
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application 2012 -
A -31, specifically, to permit a boundary adjustment by Consent Application 2012 -B -22 which
would result in the retained lands having a lot area of 0.1321 hectares.
Carried.
Page 4 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
Motion No. CA120920 -7
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -22, for a boundary adjustment, subject to the following conditions:
1. That, in conjunction with Consent Application 2012 -B -22, Variance Application 2012 -A-
31 be approved;
2. 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;
3. That the severed lands, with an area of approximately 0.003 hectares, be merged in title
with the property at 77 Shoreline Drive (as enhanced by Consent Application 2012-B-
13), 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;
4. That the applicants' solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality;
5. That the applicants' solicitor provide an undertaking that the severed lands and the lands
to be enhanced will merge in title;
6. That the retained lands (area "E" on Schedule "B" to this Decision), with an area of
approximately 0.1321 hectares, be merged in title with areas "C" and "D" on Schedule
"B" to this Decision, 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;
7. That the applicants solicitor provide an undertaking that the retained lands and areas "C"
and "D" on Schedule "B" to this Decision will merge in title; 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 5 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
Motion No. CA120920 -8
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application 2012 -
A-32, for the replacement and enlargement of the existing dwelling, subject to the following
conditions:
1. That, in conjunction with Variance Application 2012 -A -32, Consent Application 2012 -B-
13 and 2012 -B -22, and Variance Applications 2012 -A -30 and 2012 -A -31, respectively,
be approved, and that the respective conditions of Consent Applications 2012 -B -13 and
2012 -B -22 be fulfilled;
2. That, notwithstanding Table B1, and Sections 5.7, 5.16, and 5.31 of Zoning By -law 97-
95, as amended, the single detached dwelling and attached deck(s) shall otherwise
comply with all other applicable provisions 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:
a) The single detached dwelling be located no closer than approximately 13.5 metres
from the average high water mark of Lake Simcoe;
b) The attached deck be located no closer than approximately 10.0 metres from the
average high water mark of Lake Simcoe; and
c) The portion of the single detached dwelling located within 20.0 metres of the average
high water mark of Lake Simcoe have a floor area of no greater than approximately
165 square metres.
4. That the single detached dwelling, be in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee;
5. That the applicant obtain any permits and /or approvals required from the Lake Simcoe
Region Conservation Authority; and
6. 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 — September 20, 2012.
c) 2012 -B -14 (Mary and Harold Proulx),
707 Line 7 South, Concession 8, North Part Lot 25,
An application to permit a boundary adjustment/lot addition.
Mary Proulx, applicants, were present.
Father Antonios Wast and Sammy (last name illegible), representatives from the St. John
The Baptist & St. Elizabeth Coptic Orthodox, were present.
Walter Iles, questioned the use of the property as it was noted that the property would be
used for a playground.
Motion No. CA120920 -9
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -14, 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 0.91 hectares, be merged in title
with the property at 697 Line 7 South, 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 apply for, and obtain, an amendment to the zoning of the
severed /conveyed lands from the Agricultural /Rural (A/RU) Zone to the Institutional (1)
Zone;
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 applicants solicitor provide an undertaking that the severed lands and the lands
to be enhanced will merge in title; 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 7 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
d) 2012 -B -15 to 2012 -B -21 inclusive (Bachly Investments Inc.),
33 Boyd Crescent, Plan M679, Block 64,
Applications to permit seven (7) boundary adjustments /lot additions.
David Bachly, applicant, was present.
Richard Crean, noted the flow of a stream and concern over extending the residential area
into the current environmentally protected area.
Alexander Rau, noted his objection to rezone to residential from environmental to avoid
future residential growth in a prime environmentally sensitive area.
Motion No. CA120920 -10
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Applications 2012 -B -15, 2012 -B -16, 2012 -B -17, 2012 -B -18, 2012 -B -19, 2012 -B -20, and
2012 -B -21, for seven (7) respective boundary adjustments, subject to the following
conditions:
1. That one copy of a Registered Reference Plan for the subject land indicating the severed
parcels be prepared by an Ontario Land Surveyor be submitted to the Secretary-
Treasurer;
2. That the severed lands, with the approximate areas respectively outlined below, be
merged in title with the "Enhanced Lands" respectively outlined below, 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:
Application No. Area of Severed Lands (in hectares (ha)) Enhanced Lands
a) 2012 -B -15 0.0915 ha 45 Boyd Crescent (Lot 22)
b) 2012 -B -16 0.0985 ha 43 Boyd Crescent (Lot 23)
c) 2012 -B -17 0.1036 ha 41 Boyd Crescent (Lot 24)
d) 2012 -B -18 0.1081 ha 39 Boyd Crescent (Lot 25)
e) 2012 -B -19 0.1596 ha 37 Boyd Crescent (Lot 26)
f) 2012 -B -20 0.1875 ha 35 Boyd Crescent (Lot 27)
g) 2012 -B -21 0.0396 ha 31 Boyd Crescent (Lot 28)
3. That the applicant apply for, and obtain, an amendment to the zoning of the
severed /conveyed lands from the Open Space (OS) Zone to the Residential One
Exception 107 (R1 *107) Zone;
4. That the applicant's solicitor prepare and submit a copies of the proposed conveyances
for the parcels severed, for review by the Municipality;
5. That the applicants solicitor provide a undertakings that the respective severed lands
and the respective lands to be enhanced will merge in title; 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 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
e) 2012 -B -23 & 2012 -B -24 (Iris Beach),
770 Horseshoe Valley Road East, Concession 10, East Part Lot 1, Part 1, RP
51R15420,
Applications to sever to create two (2) new lots for residential purposes.
Iris Beach and Linda Beach, applicants, was present.
Kevin Clark, neighbour, noted his support to the application.
The Committee received correspondence dated September 8, 2012 from Barbara and Elder
Robson supporting the application.
Motion No. CA120920 -11
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment denies Consent Applications 2012 -6-
23 and 2012 -B -24. The proposed severances do not conform to the policies of the Official
Plans for the Township and the County, and are inconsistent with the Provincial Policy
Statement and the Growth Plan for the Greater Golden Horseshoe.
Carried.
Page 9 of 10
Committee of Adjustment Meeting Minutes — September 20, 2012.
6. NEW BUSINESS:
None.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, October 18, 2012 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA120920 -12
Moved by Tupling, Seconded by Hastings
It is recommended that we do now adjourn at 12:21 p.m.
ott Macp son, Chair
Carried.
Alan Wiebe, Secretary Treasurer
Page 10 of 10