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11 15 2012 Committee of Adjustment AgendaTHE TOWNSHIP OF ORO COMMITTEE OF ADJUSTMENT COUNCIL CHAMBERS Thursday, November 15, 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: 3-9 a) 18, 2012. 5.PUBLIC MEETINGS: 10-26 a)2012A compliance. 27-44 b)2012B29 & 2012B30 (Barb & Kris McKay), Application to sever to create two (2) new lots for residential 45-49 2012A01 Horseshoe Valley Lands Limited, Concession 4, Part of Lots 3 and 4, [Addenda] 6.NEW BUSINESS: 50-55 a)Correspondence dated October 19, 2012 from the Ontario Municipal re: Decision (2010B06 Coulson Ridge Estates). 7.NOTICE OF MOTION: Page 1 of 55 Page 8.NEXT MEETING DATE: Thursday, December 13, 2012 at 10:00 p.m. 9.ADJOURNMENT: a) Page 2 of 55 4a) Minutes of the Committee of Adjustment meeting held ... THE TWNSHIPOF ORO-EDONTE OOMM COMITTEEF ADJUSMENT MMOOTT MEETINGG MINUTESS Old TTown Hall, 8833 Line 7 North & Neufeldd Room, AAdministrattion Office Thursdaay, Octoberr 18, 2012TIMME: 10:00 a..m. Present: Scott Maccpherson, CChair Bruuce Chappeell Allan JohnnsonRoy Hastings Larry Tupling Staff preesent: Alan Wiebbe, Secretarry Treasureer/Intermediaate Plannerr Marie Brisssette, Commmittee Coordinator 1.OPENING OF MMEETING: Scott Maacpherson aassumed thee Chair and called the mmeeting to oorder. 2.ADOOPTION OF THE AGENNDA: a) Motion to Adoptt the Agenda. MotionNNo. CA1210018-1 Moved bby Tupling, SSeconded bby Johnson It is recoommended tthat the ageenda for the Committeee of Adjustmment meetingg of Thursdaay, October18, 2012 bee received aand adoptedd. Carried. 3.DISCCLOSUREOOF PECUNIARY INTERREST: None deeclared. 4.ADOOPTION OF MINUTES: a) Minuutes of the CCommittee oof Adjustmeent meeting held on Thuursday, Sepptember 20,, 2012. MotionNNo. CA1210018-2 Moved bby Johnson, Seconded by Hastingss It is recoommended tthat the minnutes of the Committeeof Adjustment meetingg of Thursdaay, Septembber 20, 20122 be adopteed as printedd and circulated. Carried. 117 Page of Page 3 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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 required rear yard to construct a detached accessory building. Andrew McIntyre, agent, was present. Motion No. CA121018-3 Moved by Chappell, Seconded by Tupling 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 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 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. 27 Page of Page 4 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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. 37 Page of Page 5 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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. 47 Page of Page 6 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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 Application to permit the creation of a new lot by way of severa No one was present on behalf of the applicant. Marcello Di Francesco, agent for Terra Moda Developments, and Ji Horseshoe Valley Lands, provided a review of the application. Discussions took place on how the stormwater management utility accessed. Sam Bergeron, agent for Heights of Horseshoe, noted fencing and 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 conse 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 provis Application 2012-B-25, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject Ontario Land Surveyor be submitted to the Committee Secretary-Tr 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 parcels severed and retained, for review by the Municipality 4. That the applicant apply for, and obtain, an amendment to th lands, restricting their use to a stormwater management utility; 5. That an application be submitted to the Township for the ame Agreement authorized to be executed under Township of Oro-Medont 041, for the Site Plan Agreement to reflect the inclusion of the 6. That the amended Site Plan Agreement referenced in condition 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-Medo 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 eas for access be provided to the storm management pond via High Vis Carried. 57 Page of Page 7 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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). 67 Page of Page 8 of 55 4a) Minutes of the Committee of Adjustment meeting held ... 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 Macpherson, Chair Alan Wiebe, Secretary Treasurer 77 Page of Page 9 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 10 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 11 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 12 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 13 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 14 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 15 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 16 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 17 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 18 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 19 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 20 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 21 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 22 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 23 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 24 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 25 of 55 5a) 2012A34  (John Clarke) REVISED APPLICATION, Page 26 of 55 5b) 2012B29 & 2012B30 (Barb & Kris McKay), 7 Symond A... 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