03 21 2013 Committe of Adjustment Minutes4E:
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Thursday, March 21, 2013
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Present: Scott Macpherson, Chair
Larry Tupling
Roy Hastings
Allan Johnson
TIME: 10:08 a.m.
Regrets: Bruce Chappell
Staff present: Andria Leigh, Secretary Treasurer /Director of Development Services;
Derek Witlib, Manager, Planning Services; Marie Brissette, Committee
Coordinator
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Scott Macpherson assumed the Chair and called the meeting to order.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
Motion No. CA130321 -1
Moved by Tupling, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
March 21, 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, February 21, 2013.
Motion No. CA130321 -2
Moved by Hastings, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
February 21, 2013 be adopted as printed and circulated.
Carried.
Page 1 of 9
Committee of Adjustment Meeting Minutes — March 21, 2013.
5. PUBLIC MEETINGS:
a) 2013 -13-02 (Mike McGill),
1495 Line 3 North, Concession 4, West Part Lot 11,
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.
Mike McGill, applicant, and Cameron Sellers, Planner, were present.
Motion No. CA130321 -3
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -13-02, for the creation of one (1) new lot for residential purposes,
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 residential use; and
b. the severed lands, recognizing:
i. a deficient lot size of approximately 1.0 hectare, for agricultural uses;
ii. a deficient interior side yard of approximately 12.5 metres to an agricultural
building;
iii. an accessory building with a floor exceeding 100 square metres (if required);
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 deeds be stamped utilizing Form 2, under Section 53(42) of the Planning
Act R.S.O. 1990, without qualification.
5. That the conditions stated in the letter from staff for the County of Simcoe, dated
March 18, 2013, be completed;
6. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland
contribution;
7. That all municipal taxes be paid to the Township of Oro - Medonte; and
8. And 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 2of9
Committee of Adjustment Meeting Minutes — March 21, 2013.
b) 2013 -B -03 (J & K Farms Limited),
1400 Line 11 North, Concession 11, East Part Lot 12,
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.
Shirley Partridge, agent, was present.
Bob Tudhope, neighbour, noted his support to the application.
Motion No. CA130321 -4
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -B -03, for the creation of one (1) new lot for residential purposes,
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 residential use;
3. That the applicant verify or install a septic system adequate to service 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 deeds be stamped utilizing Form 2, under Section 53(42) of the Planning
Act R.S.O. 1990, without qualification.
6. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland
contribution;
7. That all municipal taxes be paid to the Township of Oro - Medonte; and
8. And 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 9
Committee of Adjustment Meeting Minutes — March 21, 2013.
c) 2013 -B -04 (Donald & Lynn Campbell),
1164 Line 2 South, Concession 2, Plan 104, Pt Lot 1,
Application for a boundary adjustment/lot addition to the adjacent parcel of land (Part 2)
in order to "square off" the property.
Donald and Lynn Campbell, applicants, were present.
Motion No. CA130321 -5
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -B -04, for a boundary adjustment/lot addition, 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 0.007 hectares, be merged in
title with the abutting lands to the east known as 1160 Line 2 South, 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 applicant's 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.
6. That the deeds be stamped utilizing Form 4, under Section 53(42) of the Planning
Act R.S.O. 1990, without qualification.
7. And That all municipal taxes be paid to the Township of Oro- Medonte.
Carried.
Page 4of9
Committee of Adjustment Meeting Minutes — March 21, 2013.
d) 2013 -A -11 (Paul & Cyndi Smith),
3172 Line 8 North, Concession 8, Lot 1,
Application for relief from maximum floor area and maximum building height for an
accessory building.
Paul Smith, applicant, was present.
Motion No. CA130321 -6
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -11, specifically, to permit a maximum height of an accessory building of 5.4
metres and a maximum floor are of an accessory building of 125.4 square metres,
subject to the following conditions:
1. That, notwithstanding Section 5.1.4 and 5.1.6 of Zoning By -law 97 -95, the proposed
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 verifying, in writing by way of survey or real
property report, that the detached accessory building will not exceed a floor area of
125.4 square metres and a height of 5.4 metres above the established grade.
3. That the buildings and structures on the property be in conformity with the
dimensions as set out on the application and sketches submitted and approved by
the Committee; and
4. And 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 for within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 5 of 9
Committee of Adjustment Meeting Minutes — March 21, 2013.
e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger),
69 Eight Mile Point Road, Concession 14, Plan 780, Lot 34,
Application for relief from setback from average high water mark of Lake Simcoe.
Bernadine Murphy and Tom Lobsinger, applicants, and Peter Archer and Jeff Waring,
architects, were present.
Steve Sutton, neighbour, noted his supported for the application.
Motion No. CA130321 -7
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -12, specifically, to permit a setback from the average high water mark of Lake
Simcoe of 15 metres, subject to the following conditions:
1. That, notwithstanding Section 5.30 of Zoning By -law 97 -95, the proposed 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 verifying, in writing by way of survey or real
property report, that the dwelling possess a setback from the average high water
mark of Lake Simcoe of no less than 15 metres.
3. That the buildings and structures on the property be in substantial conformity with
the dimensions as set out on the application and sketches submitted to the
Committee; and
4. And That the appropriate zoning certificate and building permit and septic system
permit be obtained from the Township only after the Committee's decision becomes
final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 6 of 9
Committee of Adjustment Meeting Minutes — March 21, 2013.
f) 2013 -A -13 (Jason Kho),
973 Lakeshore Road East, Concession 10, Plan 902, Lot 3,
Application for relief from front yard setback, interior side yard setback, maximum height
of accessory building, maximum lot coverage and maximum floor area.
Jason Kho, applicant, and James Cameron, builder, were present.
Michael Pape, neighbour, noted his support for the application due to the applicant
requiring storage facilities.
Motion No. CA130321 -8
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment defers Variance Application 2013 -
A-13, at the request of the applicant.
Carried.
Page 7of9
Committee of Adjustment Meeting Minutes — March 21, 2013.
g) 2013 -A -14 (Peter Hilmer),
183 Lakeshore Road West, Concession 7, Plan 967, Lot 69,
Application for relief from front yard setback.
Peter Hilmer and Carolyn Flindall, applicants, were present.
Ann and Harold Spring, neighbours, noted their support for the application provided the
hedge between the properties was to remain protected.
Motion No. CA130321 -9
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -14, specifically, to permit a front yard setback of 6.15 metres, subject to the
following conditions:
1. That, notwithstanding Table B1 (Front Yard Setback, Shoreline Residential (SR)
Zone) of Zoning By -law 97 -95, the proposed two storey addition, 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 verifying, in writing by way of survey or real
property report, that the addition will possess a front yard setback of no less than
6.15 metres.
3. That the buildings and structures on the property be in conformity with the
dimensions as set out on the application and sketches submitted and approved by
the Committee; and
4. And That the appropriate zoning certificate and building permit and septic system
permit be obtained from the Township only after the Committee's decision becomes
final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 8 of 9
Committee of Adjustment Meeting Minutes — March 21, 2013.
6. NEW BUSINESS:
a) Correspondence dated February 21, 2013 from the Ontario Municipal Board, re: 2012 -A-
25 (Robert & Patricia Dasovic), 911 Bass Lake Side Road West.
Motion No. CA130321 -10
Moved by Tupling, Seconded by Johnson
It is recommended that the correspondence dated February 21, 2013 from the Ontario
Municipal Board, re: 2012 -A -25 (Robert & Patricia Dasovic), 911 Bass Lake Side Road
West be received.
Carried.
Member Johnson expressed his opinion that the Respect in the Workplace (Harassment
and Violence) Policy Training Attendance Record provided to the Committee Members
for signing on January 24, 2013 was rushed and that the matter should be reexamined.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, April 18, 2013 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA130321 -11
Moved by Tupling, Seconded by Hastings
It is recommended that we do now adjourn at 12:18 p.m.
Carried.
Scot Macpher n, Chair Andria Leigh, Secretar Treasurer
Page 9of9