10 18 2012 C of A MinutesThursday, October 18, 2012
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Old Town Hall, 833 Line 7 North &
Neufeld Room, Administration Office
TIME: 10:00 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. CA121018 -1
Moved by Tupling, Seconded by Johnson
It is recommended that the agenda for the Committee of Adjustment meeting of
Thursday, October 18, 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, September 20,
2012.
Motion No. CA121018 -2
Moved by Johnson, Seconded by Hastings
It is recommended that the minutes of the Committee of Adjustment meeting of
Thursday, September 20, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 7
Committee of Adjustment Meeting Minutes — October 18, 2012.
5. PUBLIC MEETINGS:
a) 2012 -A -33 (Bernice Vasey)
1 Maplecrest Court, Lot 18, Plan 1531;
Application for relief from the minimum
accessory building.
Andrew McIntyre, agent, was present.
Motion No. CA121018 -3
Moved by Chappell, Seconded by Tupling
required rear yard to construct a detached
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -33, specifically, to permit the construction of an addition to the existing single
detached dwelling, to be located at 6.0 metres from the rear lot line, subject to the
following conditions:
1. That, notwithstanding Table 131 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 be located no
closer than approximately 6.0 metres from the rear lot line;
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; 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 7
Committee of Adjustment Meeting Minutes — October 18, 2012.
b) 2012 -A -34 (John Clarke),
11 Myrtle Avenue, Lot 52, Part Lot 58, Plan 626,
Applicantion for relief from the minimum required interior side yard for the replacement
and enlargement of non - complying building in a manner that: a) Does not further
encroach into a required yard; b) Does not increase the floor area or volume in a
required yard; and c) Does not in any other way increase a situation of non - compliance.
John Clarke, applicant, was present.
Motion No. CA121018 -4
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -34, specifically, to permit the replacement and enlargement of a single detached
dwelling located at 2.13 metres from each interior side lot line, subject to the following
conditions:
1. That, notwithstanding Table B1 and Section 5.16.1 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 be located no closer than approximately 2.13 metres from each
interior side lot line;
3. That the location and size of 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 applicant obtain any permits and /or approvals required, from the Lake
Simcoe Region 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 3 of 7
Committee of Adjustment :Meeting Minutes - October 18, 2012.
The Public Meeting for Application 2012 -A -35 was heard in the Neufeld Room at the
Administration Office.
c) 2012 -A -35 (JJ Woolverton),
199/201 Eight Mile Point Road, Lots 93 & 94, Plan 780,
Applicantion for relief for use of an accessory building for human habitation, from
maximum floor area, and for replacement and enlargement of non - complying building in
a manner that does not increase a situation of non - compliance and complies with all
other applicable provisions of the Zoning By -law.
Kristi McKechnie, agent, was present.
Motion No. CA121018 -5
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment defers Variance Application 2012 -
A-35, specifically, to permit the replacement and expansion of a non - complying and
non - conforming detached accessory building containing sleeping and sanitary facilities,
at the request of the applicant.
Carried.
Page 4 of 7
Committee of Adjustment Meeting Minutes — October 18, 2012.
d) 2012 -B -25 (Skyline Horseshoe Valley Inc.),
1102 Horseshoe Valley Road West, Concession 3, Part Lots 1 and 2,
Application to permit the creation of a new lot by way of severance.
No one was present on behalf of the applicant.
Marcello Di Francesco, agent for Terra Moda Developments, and Jim Cooper, agent for
Horseshoe Valley Lands, provided a review of the application.
Discussions took place on how the stormwater management utility pond would be
accessed.
Sam Bergeron, agent for Heights of Horseshoe, noted fencing and erosion issues related to
the incomplete development of the townhomes.
Motion No. CA121018 -6
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment defers consent Application 2012 -B -25
until a satisfactory site plan is developed.
Withdrawn.
Motion No. CA121018 -7
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -25, 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 conditions stated in the letter from staff for the County of Simcoe, dated
October 10, 2012, be completed;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcels severed and retained, for review by the Municipality;
4. That the applicant apply for, and obtain, an amendment to the zoning of the severed
lands, restricting their use to a stormwater management utility;
5. That an application be submitted to the Township for the amendment of the Site Plan
Agreement authorized to be executed under Township of Oro - Medonte By -law 2012-
041, for the Site Plan Agreement to reflect the inclusion of the parcel severed;
6. That the amended Site Plan Agreement referenced in condition number 4 be registered
on title for all lands described therein;
7. That the applicant's solicitor provide an undertaking that condition numbers 4 and 5 be
fulfilled;
8. That all municipal taxes be paid to the Township of Oro - Medonte; and
9. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
10. That the applicant provide proof to the Township that an easement and /or right of way
for access be provided to the storm management pond via High Vista Road.
Carried.
Page 5 of 7
Committee of Adjustment Meeting Minutes — October 18, 2012.
e) 2012 -B -26 (Horseshoe Valley Lands Ltd.),
Concession 4, Part Lots 1 and 2,
Application to permit a boundary adjustment/lot addition.
Jim Cooper, agent, was present.
Motion No. CA121018 -8
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -26, 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 0.42 hectares, be merged in
title with the recreational lands to the south, being Concession 4, Part Lots 1 and 2,
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.
The Committee recessed at 12:01 p.m. and reconvened at 2:10 p.m. in the Neufeld
Room at the Administration Office for Item 5c) 2012 -A -35 (JJ Woolverton).
Page 6 of 7
f
Committee of Adjustment Meeting Minutes - October 18, 2012.
6. NEW BUSINESS:
None.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, November 15, 2012 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA121018 -9
Moved by Tupling, Seconded by Chappell
It is recommended that we do now adjourn at 2:42 p.m.
Carried.
Scott Mac erson, Chai AI n Wi e-'be',Sec`ret.4y Treasurer
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