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02 21 2013 Committee of Adjustment AgendaTHE TOWNSHIP OF OROMEDONTE COMMITTEE OF ADJUSTMENT  MEETING AGENDA COUNCIL CHAMBERS Thursday, February 21, 2013 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: 3-16 a) 24, 2013. 5.PUBLIC MEETINGS: 17-41 a)2012BB40 (Roger and Heather Kerslake), 3270 Line 10 North 42-54 b)2013A06 (Sandra & Gerard Boyd), 55-71 2013A 1479 Line 1 South 72-85 d)2013A 9733 Highway 12 86-99 e)2013A 12 Cook Lane. 100-117 2013A10 (Mina Sanaee), 387 Bass Lake Side Road West Page 1 of 117 - Page 6.NEW BUSINESS: a)Andria Leigh, Director of Development Services re: Committee of Meetings Location Change, June 20 and August 15, 2013  Meetings 7.NOTICE OF MOTION: 8.NEXT MEETING DATE: 9.ADJOURNMENT: a) Page 2 of 117 4a) Minutes of the Committee of Adjustment meeting held ... THE TOOWNSHIPOF ORO-MMEDONTE COMMMITTEEOOF ADJUSTTMENT MEETIN MINUTE GGSS CouncilChamberss Thursdaay, Januarry 24, 2013TIMEE: 10:16 a..m. Present:Scott Maccpherson,CChair Bruuce Chappeell Allan JohnsonRooy Hastings Larry Tuling pp Staff prsent: ndria Ligh, Secreary Treasrer/Directr of Develpment Sevices eeAeettuuoooorr Marie Brisette, Comittee Coordinato ssmmr 1.OPEENING OF MMEETING: Scott Mcphersonassumed te Chair ad called the meeting to order. aahhnnh 2.ADPTION O THE AGNDA: OOFFEE a) Motion to Adoppt the Agenda. MotionNo. CA1300124-1 Movedy Tupling, Secondedby Hastins bbgg It is recmmendedthat the aenda for te Committee of Adjutment meting of Thrsday, oogghhesseeuu Januar 24, 2013 e receive and adoped. yybbddtt Carried. 3.DISCCLOSURE OF PECUNNIARY INTEREST: None dclared. ee 4.ADOOPTION OFF MINUTESS: a) Minuutes of the Committeee of Adjustmment meetinng held on TThursday,DDecember13, 2012. MotionNo. CA1300124-2 Movedy Johnso, Seconde by Hastings bbnndd It is recoommendedthat the miinutes of the Committeee of Adjusstment meeting of Thursday, Decembber 13, 20122 be adopteed as printeed and circuulated. Carried. 114 Pagee of Page 3 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. 5.PUBLIC MEETINGS: a) 2013-B-01 (Springvalley Farms (Elmvale) Ltd.), 6208 Line 3 North, Concession 3, Part Lot 22, Application to create a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. John and Dave Spring, applicants, were present. Motion No. CA130124-3 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional consent to Application 2013-B-01, 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 0.76 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 provide written verification to the satisfaction of the Township’s Building Division that the existing septic system is wholly contained within the severed lands. 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 applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 214 Page of Page 4 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. b) 2012-B-41 (Audrey and Dwight Evans) [deferred from the December 13, 2012 meeting], 84 Line 13 North, Concession 13, Part Lot 12, Application for the creation of a new residential lot. Shirley Partridge, agent, was present on behalf of the applicants. Motion No. CA130124-4 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-41, for the severance of a new lot, 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 applicant enter into a Consent Agreement with the Township to be registered on title to implement the requirements of the Lake Simcoe Region Conservation Authority letter dated January 15, 2013; 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. 314 Page of Page 5 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. c) 2012-B-34 & 2012-A-39 (Norman Langman) [deferred from the December 13, 2012 meeting], 945 Line 12 North, Concession 13, West Part of Lots 13, Application for a proposed boundary adjustment. To be heard in conjunction with: 2012-A-39 (Norman Langman) [deferred from the December 13, 2012 meeting], 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. CA130124-5 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment grants Variance Application 2012-A- 39, in conjunction with Consent Application 2012-B-34, for a boundary adjustment/Lot addition, subject to the following conditions: 1. That, in conjunction with Variance Application 2012-A-39, Consent Application 2012-B- 34 be approved; 2. That the applicant apply for, and obtain, an amendment to the zoning of the enhanced lands: a) Recognizing the classified wetlands on the property that are not presently located within the Environmental Protection (EP) Zone; b) Applying a Holding Provision (“(H)”) to the balance of the enhanced lands, requiring a Site Plan Agreement to be entered into with Council prior to the development of the property for a residential use. Such a Holding Provision would not be removed until such time as an Ecological Investigation has been completed to the satisfaction of the County of Simcoe, the Lake Simcoe Region Conservation Authority, and the Township. 3. That the applicant enter into a Consent Agreement with the Township to be registered on title to implement the requirements of the Lake Simcoe Region Conservation Authority letter dated January 15, 2013; Carried. 414 Page of Page 6 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. d) 2012-A-35 (JJ Woolverton) [deferred from the October 18, 2012 meeting], 199/201 Eight Mile Point Road, Lots 93 & 94, Plan 780, Application 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. JJ Woolverton, applicant, and Kristi McKechnie, agent, was prese Motion No. CA130124-6 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment approves 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, subject to the following conditions: 1. That, notwithstanding Table B1 and Sections 5.1.1,5.16.1, and 5.25 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 maximum floor area of 70 square metres; 3. That the location and size of the proposed 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 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. 514 Page of Page 7 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. e) 2012-A-29 (Napoleon Systems & Developments Ltd) - Revision, 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. Motion No. CA130124-7 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment approves a request for revision to its Notice of Decision dated August 16, 2012 regarding 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 less 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. 614 Page of Page 8 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. f) 2012-B-29 (Barb and Kris McKay) [deferred from the November 1 7 Symond Avenue, Plan 798, Lots 70 to 72, Application to sever to create one new lot for residential purpo Barb and Kris McKay, applicants, were present. Motion No. CA130124-8 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-29, for consent to sever one new residential lot and reta following conditions: 1. That one copy of a Registered Reference Plan of the subject Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant’s solicitor prepare and submit a copy of parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 for the lot created as cas 4. That the applicant apply for, and obtain, an amendment to th retained lands, to recognize the lot area deficiency, to recogni public street, and to zone the portion of Lakeview Avenue which 5. That the applicant carries out or causes to be carried out t the Township’s standard to provide frontage for both the severed recognition of the reduction in lot frontage on a public street, Township’s Transportation & Environmental Services Department. The applicant is responsible for all costs associated with the required upgrades and all cost including the Township’s legal cost; 6. That the applicant shall transfer to the Corporation of the (“Township”), at no cost, a fee simple, unencumbered interest in pursuant to point 5 above, subject to: -That the applicant shall submit to the satisfaction of the Tow Environmental Services Department a preliminary reference plan (3 copies) which sets out the lands to be transferred to the Township. Upon approval the Township will instruct the surveyor to deposit the reference plan in the Land Registry Office for Si surveyor provide the Township with 3 copies of the deposited ref -All costs associated with the land transfer, including costs r disbursements, agreements, HST, etc. shall be full borne by the employ a Solicitor, entitled to practice law in Canada, being a Upper Canada to facilitate the transfer of the real property and the subject transaction, at no cost to the Township. The Solicit that will indemnify the transfer. The applicant must contact the specifications. The Township is requesting the conveyance of land pursuant to Section 53(12) of the Planning Act and such land will form part of municipal trans the transfer in accordance with Section 31(6) of the Municipal A 7. That all municipal taxes be paid to the Township of Oro-Medo 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 714 Page of Page 9 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. g) 2013-A-01 (Kim Gavine), 1473 Mount St Louis Road West, Concession 2, Lot 55, Application for relief from setbacks from limits of Environmental Protection (EP) Zone for an addition. No one was present on behalf of the application. Garry Kumpula, adjacent property owner, questioned if a new site plan would be supplied and whether the Ministry of Transportation and the Ministry of Natural Resources would have the opportunity to comment, and whether any additional sanitary facilities were being proposed. Motion No. CA130124-9 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2013-A- 01, specifically, to permit the construction and expansion of a single detached dwelling located within the Environmental Protection (EP) Zone in order to address the comments of the Nottawasaga Valley Conservation Authority letter. Carried. 814 Page of Page 10 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. h) 2013-A-02 (Shirley, Marcia, Roger Chapman), 6 Diamond Valley Drive, Plan M-957, Lot 3, Application for relief from Apartment Dwelling Units Accessory to a Single Detached Dwelling: (c) maximum floor area of the apartment dwelling unit. Shirley Chapman, applicant, was present. Motion No. CA130124-10 Moved by Johnson, Seconded by Tupling It is recommended that the Committee of Adjustment approves Variance Application 2013- A-02, specifically, to permit the construction of an apartment accessory to a single detached dwelling with a floor area of 102 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 102 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. 914 Page of Page 11 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. i) 2013-A-03 (Nataliya Kozobrod), 9 Greenwood Forest Road, Lot 38 and Pt Block A, Plan 709, Application for relief from minimum required interior side yard. Nataliya Kozobrod, applicant, and Joan Mclean, friend of the applicant, were present. Motion No. CA130124-11 Moved by Johnson, Seconded by Tupling It is recommended that the Committee of Adjustment approves Variance Application 2013- A-03, specifically, to permit the construction of a single detached dwelling with a floor area of 124 square 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 be located no closer than approximately 1.7 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. 1014 Page of Page 12 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. j) 2013-A-04 (Genevieve Blais), 5 Dale Court, Lot 23, Plan M-447, Concession 4, Application for relief from minimum required front yard. Greg and Scott Cormack, agents, were present on behalf of the applicant. Motion No. CA130124-12 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2013- A-04, specifically, to permit the construction of a new two storey single detached dwelling, 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 proposed single detached dwelling be located no closer to the front lot line than approximately 5 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 and sewage 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. 1114 Page of Page 13 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. k) 2013-A-05 (William and Janet Wheeler), 3657 Line 7 North, Concession 6, West Part Lot 2, Application for relief from setbacks from Limits of Environmental Protection (EP) Zone. William Wheeler, applicant, was present. Motion No. CA130124-13 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013- A-05, specifically, to permit the construction of a detached accessory building located within the boundary of the Environmental Protection (EP) Zone, subject to the following conditions: 1. That notwithstanding the provisions of Section 5.28 of Zoning By-law 97-95, as amended, the setbacks for the proposed detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 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 That the setbacks for the proposed detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee be no larger than 104 square metres located within the Environmental Protection (EP) Zone; 3. That the applicant obtain any permits and/or approvals required, from the Nottawasaga Valley 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. 1214 Page of Page 14 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. 6.NEW BUSINESS: a) Appointment of Chair. Motion No. CA130124-14 Moved by Tupling, Seconded by Johnson It is recommended by the Committee of Adjustment that Scott Macpherson be appointed as Chair of the Committee of Adjustment for the 2013 Term. Carried. b) Appointment of Vice Chair. Motion No. CA130124-15 Moved by Chappell, Seconded by Johnson It is recommended by the Committee of Adjustment that Roy Hastings be appointed as Vice Chair for the Committee of Adjustment for the 2013 Term. Carried. 1314 Page of Page 15 of 117 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes – January 24, 2013. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, February 21, 2013 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA130124-16 Moved by Tupling, Seconded by Hastings It is recommended that we do now adjourn at 1:08 p.m. Carried. Scott Macpherson, Chair Andria Leigh, Secretary Treasurer 1414 Page of Page 16 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 17 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 18 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 19 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 20 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 21 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 22 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... Page 23 of 117 5a) 2012B35 through 2012B40 (Roger and Heather Kersl... 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