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Thursday, April 18, 2013
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Present: Scott Macpherson, Chair
Larry Tupling
Roy Hastings
Allan Johnson
Bruce Chappell
TIME: 10:08 a.m.
Staff present: Andria Leigh, Secretary Treasurer /Director of Development Services;
Derek Witlib, Manager, Planning 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. CA130418 -1
Moved by Tupling, Seconded by Johnson
It is recommended that the agenda for the Committee of Adjustment meeting of
Thursday, April 18, 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, March 21, 2013.
Motion No. CA130418 -2
Moved by Hastings, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting of
Thursday, March 21, 2013 be adopted as printed and circulated.
Carried.
Page 1 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
5. PUBLIC MEETINGS:
a) 2013 -13-05 (William & Sharon Pottage),
4398 Line 4 North, Concession 4, Lot 8 (Former Township of Medonte),
Application for a technical severance to re- create two agricultural parcels to correct a
situation where two lots have merged on title.
William & Sharon Pottage, applicants, were present.
Motion No. CA130418 -3
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -13-05, for the re- creation of one (1) new lot for agricultural 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 minimum total lot area for the severed lot be 42.0 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.
Page 2 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
b) 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.
Kim Gavine and Simao Lauzeiro, applicants, were present.
Garry Kumpula, adjacent property owner, reviewed the concerns noted in his
correspondence provided to the Committee.
Motion No. CA130418 -4
Moved by Tupling, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -01, specifically, to permit the replacement and expansion of the existing
dwelling to a total main floor area of 139.4 square metres (1500 square foot) 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 dwelling 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
proposed single detached dwelling has a main floor area of approximately 139.4
square metres (1500 square feet) detached accessory building. That the setbacks
for the proposed 1 1/2 storey single detached dwelling be in conformity with the
dimensions as set out on the application and sketches submitted and approved by
the Committee 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 3 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald),
1672 Old Barrie Road West, Concession 3, Part Lot 10 (Former Township of Oro),
Application to permit the creation of a new lot by way of severance, for a residence
surplus to a farming operation as a result of farm consolidation.
Terrence Clark, applicant, was present.
Motion No. CA130418 -5
Moved by Hastings, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -B -06, 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 minimum total lot area for the severed lot be 2.0 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 the applicant apply for, and obtain, an amendment to the zoning of the retained
lands, prohibiting their use for a residential purpose;
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 4 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
d) 2013 -A -15 (Randy & Marlene Langstaff),
419 Line 11 South, Concession 12, North Part Lot 23 (Former Township of Oro),
Application for relief from Setbacks from Limits of Environmental Protection (EP) Zone.
Randy Langstaff, applicant, was present.
Motion No. CA130418 -6
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -15, specifically, to permit a 35.04 square metre (377 square foot) detached
garage within 8.0 metres (26.2 feet) from the boundary of an Environmental Protection
(EP) Zone, subject to the following conditions:
1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, the proposed detached
garage shall otherwise comply with all other applicable provisions of the Zoning By-
Law;
2. That the buildings and structures on the property be substantially and proportionally
in conformity with the dimensions as set out on the application and sketches
submitted and approved by the Committee;
3. That the applicant obtain any permits and /or approvals required, from the Lake
Simcoe Region 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 for within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 5 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
e) 2013 -A -16 (Peter Warder),
4829 Line 11 North, Concession 12, Part Lot 11 (Former Township of Medonte),
Application for relief from Setbacks from Limits of Environmental Protection (EP) Zone.
Wanda Myles Warder, applicant's spouse, was present on behalf of the applicant.
Motion No. CA130418 -7
Moved by Hastings, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -16, specifically, to permit an addition to an existing dwelling consisting of a 73
square metre (240 square foot) screened in sunroom and 26.8 square metre (288
square foot) shed as to be located within the Environmental Protection (EP) Zone,
subject to the following conditions:
1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, as amended, the
proposed sunroom and shed addition shall otherwise comply with all other
applicable provisions of the Zoning By -Law;
2. That the buildings and structures on the property be substantially and proportionally
in conformity with the dimensions as set out on the application and sketches
submitted and approved by the Committee; and
3. 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 6 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
f) 2013 -A -17 (Randy & Lori Wuensch),
863 Ridge Road West, Lot 26, 51 R -3096, Part 5, Concession 5 (Former Township of
Oro),
Application for relief from Maximum Height and Maximum Floor Area.
Randy Wuensch, applicant, was present.
Pete Mulder, neighbour, noted his support for the application.
Motion No. CA130418 -8
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -17, specifically, to permit a detached garage with a maximum height of 5.12
metres and a maximum floor are of 167.69 square metres, subject to the following
conditions:
1. That, notwithstanding Section 5.1.4 and 5.1.6 of Zoning By -law 97 -95, as amended,
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
approximately 167.69 square metres and a height of 5.12 metres above the
established grade.
3. That the buildings and structures on the property be substantially and proportionally
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 7 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
g) 2013 -A -18 (Wayne & Christine Lambert),
11 Palm Beach Road, Concession 10, Plan 863, Lot 4,
Application for relief from Minimum Required Interior Side Yard.
Wayne Lambert, applicant, was present.
Vicki Palmer, neighbour, reviewed her concerns noted in her correspondences dated
April 10, 2013 and April 2013.
Motion No. CA130418 -9
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -18, specifically, to permit a minimum interior side yard setback of 2.0 metres,
subject to the following conditions:
1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the attached
garage /hobby /workshop 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
attached garage /hobby /workshop be located no closer than approximately 2.0
metres from the northerly interior side lot line;
3. That the location and size of the proposed attached garage /hobby /workshop be
substantially and proportionally in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee;
4. That the applicant provide the Township with an engineered lot grading plan;
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.
Page 8 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
h) 2013 -A -19 (Wendy Camirand & Paul Brown)
17 Barrie Terrace, Concession 1, Plan 663, Lots G & H,
Application for relief from Minimum Required Interior Side Yard.
Paul Brown, applicant, and Ian Malcolm, architect, were present.
Motion No. CA130418 -10
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -19, specifically, to permit a minimum interior side yard setback of 2.4 metres,
subject to the following conditions:
1. That, notwithstanding Table 131 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 2.4 metres from the
northerly interior side lot line;
3. That the location and size of the proposed single detached dwelling be substantially
and proportionally 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 9 of 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
i) 2013 -A -20 (Steve Graves),
1479 Line 1 South, Lot 1, Concession 1,
Application for relief from Maximum Height.
Motion No. CA130418 -11
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -20, specifically, to permit a maximum height for a detached garage of 5.4
metres, subject to the following conditions:
1. That, notwithstanding Section 5.1.4 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 that the detached accessory building shall possess a
height of no more than 5.4 metres above finished grade;
3. That the location and size of the proposed detached garage be in substantially
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 11
Committee of Adjustment Meeting Minutes — April 18, 2013.
6. NEW BUSINESS:
None.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, May 16, 2013 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA130418 -12
Moved by Tupling, Seconded by Johnson
It is recommended that we do now adjourn at 1:38 p.m.
Carried.
P ��L A
%ndria Leigh, Secretary Treasurer
Page 11 of 11