12 13 2012 C of A MinutesThursday, December 13, 2012
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Present: Scott Macpherson, Chair Bruce Chappell
Allan Johnson Roy Hastings
Lary Tupling
TIME: 10:05 a.m.
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. CA121312 -1
Moved by Tupling, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting of
Thursday, December 13, 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, November 15, 2012.
Motion No. CA121312 -2
Moved by Chappell, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of
Thursday, November 15, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 15
Committee of Adjustment Meeting Minutes — December 13, 2012.
5. PUBLIC MEETINGS:
a) 2012 -A -21 (Roy and Freda Poirier) (REVISED),
360 Shanty Bay Road, Plan 1, East Part Block A,
Application for setback from front lot line to construct a new detached accessory building
on the property.
Roy Poirier, applicant, was present.
Motion No. CA121312 -3
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -21, specifically, to permit the construction of a detached accessory building in
the front yard of a property with a floor area of 166 square metres and a height of 6.16
metres above grade, subject to the following conditions:
1. That, notwithstanding Sections 5.1.3 a) 5.1.4, and 5.1.6 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 any use of the detached accessory building in association with a "Home
Occupation" comply with Section 5.12 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 the
detached accessory building:
a) Be located no closer to the front lot line than approximately 49 metres;
b) Have a footprint not exceeding approximately 91.79 square metres; and
c) Have a height above grade not exceeding approximately 6.16 metres.
4. 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;
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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
b) 2012 -A -37 (Jo -Anne Stansfield),
2831 Ridge Road West, Concession 2, Part Lot 2,
Application for relief from maximum height for a second detached accessory building on
the property.
Wayne Swadron and Melissa Weiler, architects, were present on behalf of the applicant.
Motion No. CA121312 -4
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -37, specifically, to permit the construction of a detached accessory building with
a height of 5.542 metres above grade, subject to the following conditions:
1. That, notwithstanding Section 5.1.4 of Zoning By -law 97 -95, as amended, the
detached private garage shall otherwise comply with all other applicable provisions
of the Zoning By -law;
2. That the detached private garage shall be used in accordance with all applicable
provisions of Zoning By -law 97 -95, as amended;
3. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by way of survey /real property report that the
detached private garage have a height above grade not exceeding approximately
5.542 metres;
4. That the detached private garage 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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
c) 2012 -A -40 (Clementine Peacock),
1033 Range Road, Range 2, Part Lot 2,
Application for relief from the definition of a "Residential Care Home ".
Clementine Peacock, applicant, Kelly Hall - Holland and Cheryl Shindruk, agents, were
present.
David Levison, neighbour, noted his support for the unique opportunity.
Motion No. CA121312 -5
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -40, specifically, to permit the establishment of a "Residential Care Home" on the
property while not requiring the use to be "licensed, approved or supervised and /or
funded by the Province of Ontario or the Government of Canada ", subject to the
following conditions:
1. That, notwithstanding the definition of "Residential Care Home" in Section 6.0 of
Zoning By -law 97 -95, as amended, the use of the property shall otherwise comply
with all other applicable provisions of the Zoning By -law;
2. That the applicant apply for, and enter into a Site Plan Agreement with Council for
the Township for the establishment of a Residential Care Home on the subject
property (pursuant to Section D5 of the Official Plan);
3. That the applicant obtain any permits and /or approvals required from the Lake
Simcoe Region Conservation Authority; and
4. That any zoning certificate(s) and building permit(s) required to
achieve /accommodate the proposed use 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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
d) 2012 -A -38 (Jeff Majury),
158 Huronwoods Drive, Plan M30, Lot 24,
Application for an accessory building in front yard to construct a new detached
accessory building on the property.
Kurt Cathill, agent, was present on behalf of the applicant.
Motion No. CA121312 -6
Moved by Tupling, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application
2012 -A -38, specifically, to permit the construction of a detached accessory building in
the front yard of a property, subject to the following conditions:
1. That, notwithstanding Section 5.1.3 a) 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
proposed detached accessory building be located no closer to the front lot line than
approximately 47 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.
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
e) 2012 -B -34 (Norman Langman),
945 Line 12 North, Concession 13, West Part of Lot 13,
Application for a proposed boundary adjustment.
To be heard in conjunction with:
2012 -A -39 (Norman Langman),
945 Line 12 North, Concession 13, West Part of Lot 13,
Application for relief from the minimum lot frontage requirement for a boundary
adjustment/lot addition proposed by Consent Application 2012 -B -34.
Norman Langman, applicant, and Bruce Horne, intended recipient of the severed lands,
were present.
Motion No. CA121312 -7
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment defers Consent Application 2012-
6-34, for a boundary adjustment, until such time as comments are received from the
Lake Simcoe Region Conservation Authority (LSRCA).
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
f) 2012 -13-27 (Edmund and Kaari Piotrowski),
480 Line 6 South, Concession 6, East Part Lot 23,
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.
Edmund and Kaari Piotrowski, applicants, were present.
Motion No. CA121312 -8
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -13-27, 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 the retained
lands, prohibiting their use for a residential purpose;
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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
g) 2012 -B -28 (Edmund and Kaari Piotrowski),
767 Line 4 South, Concession 5, West Part Lot 25,
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.
Edmund and Kaari Piotrowski, applicants, were present.
Motion No. CA121312 -9
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2012 -B -28, 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:
i. a deficient lot size of approximately 0.6 hectares, for an agricultural building;
ii. a deficient rear yard setback of approximately 12.2 metres to an agricultural
building;
iii. approximately 12.3 percent of the area of the lot being covered by all
detached accessory buildings and structures; and
iv. a detached accessory building with a floor area of 139.35 square metres on
an Agricultural /Rural (A/RU) Zoned - property with an area of 0.6 hectares.
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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
h) 2012 -B -41 (Audrey and Dwight Evans),
848 Line 13 North, Concession 13, Part Lot 12,
Application for the creation of a new residential lot.
Shirley Partridge, agent, on behalf of the applicants was present.
Motion No. CA121312 -10
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment defers Consent Application 2012-
B -41, for consent to sever one new residential lot and retaining one lot. The Lake
Simcoe Region Conservation Authority (LSRCA) has provided comment on the
application, and it is recommended that the applicant be provided additional opportunity
to discuss the proposed development with the LSRCA.
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
i) 2012 -B -31, 2012 -B -32 and 2012 -B -33 (Barry, Brian, and Robert Rix),
1922 Warminster Sideroad, Concession 14, East Part Lot 6,
Applications for the creation of three (3) new lots for residential purposes.
Josh Morgan, planning consultant, and Barry Rix, applicant, were present.
Motion No. CA121312 -11
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Applications 2012 -B -31, 2012 -B -32, and 2012 -B -33, for consent to sever three (3) new
residential lots and retaining one 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 each of the three (3) lots created as cash -in-
lieu of a parkland contribution;
4. That the applicant pay $9,302.74 for each of the three (3) lots created as a pro -rated
fee for upgrades to the municipal water system in the Warminster settlement area;
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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
j) 2012 -B -35, 2012 -B -36, 2012 -B -37, 2012 -B -38, 2012 -B -39 and 2012 -B -40 (Roger and
Heather Kerslake),
3270 Line 10 North, Concession 10, North Part Lot 1,
Applications for the creation of six (6) new lots for residential purposes.
Josh Morgan, planning consultant, was present on behalf of the applicants.
Susan Pickard, owner of adjacent property, was present.
Motion No. CA121312 -12
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment defers Consent Applications 2012 -
B-35, 2012 -13-36, 2012 -13-37, 2012 -13-38, 2012 -13-39, and 2012 -13-40, for consent to
sever six (6) new residential lots and retaining one lot, until further direction is received
from the applicants. The County of Simcoe has provided comment on the applications,
and the agent for the applicants has stated their support for the deferral of these
applications subject to further discussions between the applicants and the County of
Simcoe.
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
k) 2005 -B -39 (Curtis Gray and Christina Bremer),
3342 Penetanguishene Road, Concession 1, Part Lot 40,
Application for the creation of a new residential lot.
Curtis Gray, applicant, was present.
Motion No. CA121312 -13
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2005 -B -39, for the creation of one new lot for a residential purpose, 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 apply for, and obtain, an amendment to the zoning of the severed
lands from the Agricultural /Rural Exception 15 (A/RU *15) Zone to an appropriate
residential zone;
4. That the applicant applies for, and enters into, a Development Agreement with the
Township, recognizing the requirement to connect to municipal water and sewage
services once available.
5. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland
contribution;
6. That the conditions outlined in the letter from the County of Simcoe dated December
5, 2012, be fulfilled;
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.
Committee of Adjustment Meeting Minutes — December 13, 2012.
6. NEW BUSINESS:
a) Correspondence received November 22, 2012 from the Ontario Municipal Board, re:
Appointment for Hearing 2012 -A -28 (Donald Creech).
Motion No. CA121312 -14
Moved by Johnson, Seconded by Chappell
It is recommended that the correspondence received November 22, 2012 from the
Ontario Municipal Board, re: Appointment for Hearing 2012 -A -28 (Donald Creech) be
received.
Carried.
b) Correspondence received November 29, 2012 from the Ontario Municipal Board,
re: Appointment for Hearing 2012 -A -25 (Robert & Patricia Dasovic).
Motion No. CA121312 -15
Moved by Hastings, Seconded by Tupling
It is recommended that the correspondence received November 29, 2012 from the
Ontario Municipal Board, re: Appointment for Hearing 2012 -A -25 (Robert & Patricia
Dasovic) be received.
Carried.
c) December 2012 OACA Newsletter.
Motion No. CA121312 -16
Moved by Tupling, Seconded by Johnson
It is recommended that the December 2012 OACA Newsletter be received.
Carried.
d) Appointment of an Acting Secretary- Treasurer.
Motion No. CA121312 -17
Moved by Tupling, Seconded by Hastings
It is recommended that Andria Leigh be appointment as Acting Secretary- Treasurer for
the Committee of Adjustment.
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
e) Notice of Change of January 17, 2013 meeting date to January 24, 2013 at 10:00 a.m.
Motion No. CA121312 -18
Moved by Hastings, Seconded by Chappell
It is recommended that the January 17, 2013 meeting date be changed to January 24,
2013 at 10:00 a.m.
Carried.
f) 2013 Meeting Calendar.
Motion No. CA121312 -19
Moved by Tupling, Seconded by Hastings
It is recommended that the 2013 Meeting Calendar be received.
Carried.
g) Tentative Date for Respect in the Workplace Training.
Motion No. CA121312 -20
Moved by Hastings, Seconded by Tupling
It is recommended that the Respect in the Workplace Training be scheduled for January
24, 2013 at 9:15 a.m.
Carried.
Committee of Adjustment Meeting Minutes — December 13, 2012.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, January 24, 2013 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA121312 -21
Moved by Johnson, Seconded by Chappell
It is recommended that we do now adjourn at 2:38 p.m.
Carried.
Scott Ma cp rson, hair Alan Wiebe, Secretary Trea urer