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02 21 2013 Committe of Adjustment MinutesTHE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 1 ;road Hcrh,, Q+t, Exciting Fanorr Thursday, February 21, 2013 Present: Scott Macpherson, Chair (arrived at 10:05 a.m Bruce Chappell (arrived at 10:07 a.m.) Roy Hastings (arrived at 10:09 a.m.) Allan Johnson (arrived at 10:06 a.m.) Regrets: Larry Tupling TIME: 10:10 a.m. Staff present: Andria Leigh, Secretary Treasurer /Director of Development Services; Derek Witlib, Manager, Planning Services; Janette Teeter, Deputy Clerk Andria Leigh, Secretary Treasurer /Director of Development Services, advised the public in attendance at 10:00 a.m. that, as per the Committee's Procedural By -Law, quorum was required by 10:30 a.m. or the meeting would stand adjourned until a next meeting date. 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. CA130221 -1 Moved by Hastings, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, February 21, 2013 be received and adopted. Carried. Page 1 of 9 Committee of Adjustment Meeting Minutes — February 21, 2013. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, January 24, 2013. Motion No. CA130221 -2 Moved by Johnson, Seconded by Hastings It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, January 24, 2013 be adopted as printed and circulated. Carried. Page 2 of 9 Committee of Adjustment Meeting Minutes — February 21, 2013. 5. PUBLIC MEETINGS: a) 2012 -B -35 through 2012 -B -40 (Roger and Heather Kerslake), 3270 Line 10 North Request to consider the creation of six (6) new lots for residential purposes. Josh Morgan, on behalf of the applicant, was present. Motion No. CA130221 -3 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Applications 2012 -B -35 through 2012 -B -40, for the creation of six (6) new lots 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's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the deeds be stamped utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. 4. That the conditions stated in the letter from staff for the County of Simcoe, dated February 11, 2013, be completed; 5. That a 3 metre road widening along Line 10 North be transferred to the Township of Oro - Medonte to the satisfaction of the Township's Transportation & Environmental Services Department 6. That the applicant pay $ 2,000.00 for each of the six (6) lots created as cash -in -lieu of a parkland contribution; 7. That the applicant apply for and obtain a rezoning on the subject lands to accurately reflect the land use; 8. That the Township Building Department approve of the site, in writing, for installation of a sub - surface sewage disposal system; 9. That all municipal taxes be paid to the Township of Oro - Medonte; and 10. 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 — February 21, 2013. b) 2013 -A -06 (Sandra & Gerard Boyd), 4 Chesnut Lane Request for relief of minimum required for interior side yard. Gerard Boyd, applicant, was present. Motion No. CA130221 -4 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -06, specifically, to permit a minimum required interior side yard of 2.2 metres, subject to the following conditions: 2 3 That, notwithstanding Table 131 of Zoning By -law 97 -95, as amended, the single detached dwelling and the second storey addition thereto shall otherwise comply with all other applicable provisions of the Zoning By -law; That the second story addition be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 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 4 of 9 Committee of Adjustment Meeting Minutes — February 21, 2013. c) 2013 -A -07 (Steve Graves), 1479 Line 1 South Request for relief of required rear yard. Correspondence dated February 21, 2013 from Lake Simcoe Region Conservation Authority was distributed to the Committee and staff. Steve Graves, applicant, was present. Rob Suddaby, agent, for owner at 1489 Line 1 South, provided elevation concerns. Motion No. C130221 -5 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -07, specifically, to permit a minimum required rear yard of 5.1 metres, subject to the following conditions: 1. That, notwithstanding Table B4 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 rear lot line than 5.1 metres; 3. That 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 applicant supplies the Township with a copy of a Record of Site Condition filed with the Ministry of the Environment for the residential use of the property, prior to obtaining a building permit; 5. That the applicant satisfy the conditions of the Lake Simcoe Region Conservation Authority in their letter dated February 21, 2013 including obtaining the necessary permit; 6. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro - Medonte Building Department; 7. That the appropriate zoning certificate and building permit be obtained from the Township's Chief Building Official 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 — February 21, 2013. d) 2013 -A -08 (South Shore Isabella Estates Inc.), 9733 Highway 12 Request for relief of number of model homes located on land. Greg Barker, on behalf of applicant, was present. Motion No. C130221 -6 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -08, specifically, to permit the construction of three model homes on separate lots within a proposed plan of subdivision, subject to the following conditions: 1. That the two additional model homes be built on proposed Lots 19 and 20; 2. That the setbacks for the model homes be in conformity with the Residential One (R1) Zone in Zoning By -Law 97 -95, as amended; 3. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By -Law 97 -95, as amended; 4. That, prior to the issuance of any building permit(s) for the construction the model homes within the subject lands, the applicant complete the construction of the road and installation of the water main within the subject lands, to municipal standards to the satisfaction of the Director of Transportation and Environmental Services; and 5. That the appropriate zoning certificate(s) and building permit(s) 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 — February 21, 2013. e) 2013 -A -09 (Andrew Wright), 12 Cook Lane. Request for relief of Section 5.4(d) of Zoning By -Law re: Boathouses. Correspondence dated February 20, 2013 from Nottawasaga Valley Conservation Authority was distributed to the Committee and staff. Correspondence dated February 18, 2013 from Nancy and Bruce Rivoire was distributed to the Committee and staff. The applicant presented correspondence dated February 21, 2013 to request a deferral. Nancy and Bruce Rivoire presented pictures to the Committee and staff. Their objections included constructing a bathroom in the boathouse, the height, the number of windows, renting the facility, loud music during the day and at night and tree removal concerns. Motion No. C130221 -7 Moved by Johnson, Seconded by Chappell It is recommended by the Committee of Adjustment that Application 2013 -A -09 (Andrew Wright), 12 Cook Lane be deferred as per the applicant's request. Carried. Page 7 of 9 Committee of Adjustment Meeting Minutes — February 21, 2013. f) 2013 -A -10 (Mina Sanaee), 387 Bass Lake Side Road West Request for relief of maximum height and maximum floor area of accessory building. Brian Goodreid, on behalf of applicant, provided comments, drawings and pictures regarding the application. Motion No. CA130221 -8 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -10, specifically, to permit a maximum height of an accessory building of 6.0 metres and a maximum floor area of an accessory building of 262 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 262 square metres and a height of 6 metres in height 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. 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 8 of 9 Committee of Adjustment Meeting Minutes — February 21, 2013. 6. NEW BUSINESS: a) Andria Leigh, Director of Development Services re: Committee of Adjustment Meetings Location Change, June 20 and August 15, 2013 Meetings to be held at Old Town Hall, 833 Line 7 North. Motion No. CA130221 -9 Moved by Hastings, Seconded by Chappell It is recommended that staff update and advertise accordingly for the Committee of Adjustment June 20 and August 15, 2013 meetings to be held at the Old Town Hall, 833 Line 7 North. Carried. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, March 21, 2013. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA130221 -10 Moved by Chappell, Seconded by Hastings It is recommended that we do now adjourn at 12:08 p.m. Carried. S tt Ma on, son, Ch Andria Leigh, Secret .4y Treasurer Page 9of9