01 24 2013 Committe of Adjustment MinutesTownsliip oy-
Proud H'erititg , Exciting F -waire
Thursday, January 24, 2013
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Present: Scott Macpherson, Chair Bruce Chappell
Allan Johnson Roy Hastings
Larry Tupling
TIME: 10:16 a.m.
Staff present: Andria Leigh, Secretary Treasurer /Director of Development Services
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. CA130124 -1
Moved by Tupling, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
January 24, 2013 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, December 13, 2012.
Motion No. CA130124 -2
Moved by Johnson, Seconded by Hastings
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
December 13, 2012 be adopted as printed and circulated.
Carried.
Page 1 of 14
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.
Page 2 of 14
Committee of Adjustment Meeting Minutes — January 24, 2013.
b) 2012 -13-41 (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- I3 -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.
Page 3 of 14
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 -6-
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.
Page 4 of 14
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 present.
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.
Page 5 of 14
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.
Page 6 of 14
Committee of Adjustment Meeting Minutes — January 24, 2013.
f) 2012 -B -29 (Barb and Kris McKay) [deferred from the November 15, 2012 meeting],
7 Symond Avenue, Plan 798, Lots 70 to 72,
Application to sever to create one new lot for residential purposes.
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 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 the lot created as cash -in -lieu of a parkland contribution;
4. That the applicant apply for, and obtain, an amendment to the zoning of the severed and
retained lands, to recognize the lot area deficiency, to recognize a lot frontage deficiency on a
public street, and to zone the portion of Lakeview Avenue which was not previously zoned;
5. That the applicant carries out or causes to be carried out the extension of Symond Avenue to
the Township's standard to provide frontage for both the severed /retained lots, subject to
recognition of the reduction in lot frontage on a public street, to the satisfaction of the
Township's Transportation & Environmental Services Department. The applicant is responsible
for all costs associated with the required upgrades and all costs associated with the transfer
including the Township's legal cost;
6. That the applicant shall transfer to the Corporation of the Township of Oro - Medonte
( "Township "), at no cost, a fee simple, unencumbered interest in Symond Avenue, as extended
pursuant to point 5 above, subject to:
-That the applicant shall submit to the satisfaction of the Township's Transportation and
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 Simcoe County and request the
surveyor provide the Township with 3 copies of the deposited reference plan.
-All costs associated with the land transfer, including costs relating to surveying, legal fees, and
disbursements, agreements, HST, etc. shall be full borne by the applicant. The applicant shall
employ a Solicitor, entitled to practice law in Canada, being a member of the Law Society of
Upper Canada to facilitate the transfer of the real property and in effect represent both parties in
the subject transaction, at no cost to the Township. The Solicitor shall carry transfer insurance
that will indemnify the transfer. The applicant must contact the Township for detailed transfer
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 transportation routes to the extent of
the transfer in accordance with Section 31(6) of the Municipal Act, 2001.
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.
Page 7 of 14
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.
Page 8 of 14
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.
Page 9of14
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.
Page 10 of 14
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.
Page 11 of 14
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.
Page 12 of 14
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.
Page 13 of 14
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 Macp erson, Chair Andria Leigh, Secret y Treasurer
Page 14 of 14