05 16 2013 Committee of Adjustment MinutesProud Herhttr e,, Eatitiskq Fr wre
Thursday, May 16, 2013
Present: Scott Macpherson, Chair
Larry Tupling
Roy Hastings
Allan Johnson
Bruce Chappell
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
TIME: 10:03 a.m.
Staff present: Derek Witlib, Manager, Planning Services; Marie Brissette, Committee
Coordinator; Adrianna Spinosa, Planner
1. OPENING OF MEETING:
Scott Macpherson assumed the Chair and called the meeting to order.
!I i_[01 ela"21 _4IF,Tel -4 I -l"
a) Motion to Adopt the Agenda.
Motion No. CA130516 -1
Moved by Tupling, Seconded by Johnson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
May 16, 2013 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
Scott Macpherson declared a pecuniary interest on Item 5g) 2013 -A -25 (Jason & Wraygan
Gullett), 17 Cherry Trail, Concession 7, Plan M -368, Lot 75, Application for relief from
Maximum Floor Area of accessory building to construct a new detached accessory building,
as he is a neighbour. Scott Macpherson left at 11:58 a.m. and was not present during the
discussion or vote on this matter.
4. ADOPTION OF MINUTES:
a) Minutes of the Committee of Adjustment meeting held on Thursday, April 18, 2013.
Motion No. CA130516 -2
Moved by Hastings, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
April 18, 2013 be adopted as printed and circulated.
Carried.
Page 1 of 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
5. PUBLIC MEETINGS:
a) 2013 -B -08 (Barry Leigh - Edmund & Kaari Piotrowski),
290 Ridge Road West, Concession 7, Part West Half of Lot 24 and Part Lot 25, except
Pt 1, 51 R -6080,
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.
Edmund & Kaari Piotrowski, applicants, were present.
Motion No. CA130516 -3
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -B -08, 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'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 retained
lands, prohibiting their use for a residential purpose;
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 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
b) 2013 -B -07 (Kenneth Tran),
1514 Line 9 North, Concession 9, Part of Lot 11,
Application for a boundary adjustment/lot addition to the adjacent residential parcel of
land (Part 2) in order to "square off" the property.
Kenneth Tran, applicant, was present.
John Crawford, on behalf of Gord Woodrow, noted concern over future buildings being
built so close to the farming operations.
Motion No. CA130516 -4
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -B -07, 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 1.7 hectares (4.2 acres), be
merged in title with the abutting lands to the east, 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;
5. That the applicant apply for, and obtain, an amendment to rezone to an
Agricultural /Rural (A/RU) Zone that portion of the merged lands that is presently zoned
Rural Residential Two (RUR2); 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 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
c) 2013 -A -22 (Paulette & Doug Overholt),
321 Lakeshore Road East, Concession 9, Plan 780, Lot 34,
Application for relief from Setback from Average High Water Mark of Lake Simcoe to
extend the roof over existing deck.
Paulette & Doug Overholt, applicants, were present.
Motion No. CA130516 -5
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -22, specifically, to permit a minimum setback of 13.7 metres from the Average
High Water Mark of Lake Simcoe, subject to the following conditions:
1. That, notwithstanding Section 5.31 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 13.7 metres from Average High Water
Mark (219.15 m.a.s.l.) of Lake Simcoe;
3. That the buildings and structures on the subject lands be substantially 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 4 of 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
d) 2013 -A -23 (Glen & Vicki Douglass),
5305 Line 7 North, Concession 8, Plan M -174, Lot 23,
Applicant for relief from Setback from Slopes to construct a single detached dwelling.
Glen & Vicki Douglass, applicants, were present.
Anna Charman, neighbour, noted concern over the trees aging and falling or requiring to
be removed, that weather is over saturating the ground and high winds are taking down
trees, and she noted concern over a nearby lot being flooded with sand as a result
ditching that occurred on Line 7, all of which is creating hazard on the integrity of the
slope.
Barb Nikkanen, neighbour, noted that the variance is not minor as it is 30 feet and that the
reduction in setback will affect her privacy.
Motion No. CA130516 -6
Moved by Tupling, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -23, specifically, to permit a minimum setback of 13 metres from a 3:1 slope,
subject to the following conditions:
1. That, notwithstanding Section 5.32 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 the buildings and structures on the property be proportionally and substantially 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 5 of 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
e) 2013 -A- 24 (Lily Cadeau),
97 Lakeshore Road West, Concession 7, Plan 755, Pt Lot 34 & 36,
Application for relief from Permitted Location and Maximum Height in a Shoreline
Residential (SR) Zone to add an unenclosed carport to the existing garage.
Carl Cadeau, applicant and Andrew McIntyre, agent, were present.
Julianne Ecclestone, neighbour, reviewed the concerns outlined by the correspondence
submitted by her husband Geoffrey Booth.
Motion No. CA130516 -7
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -24, specifically to permit a detached garage and carport possessing a minimum
front yard setback of 1.2 metres and a maximum height of 3.55 metres, subject to the
following conditions:
1. That, notwithstanding Table 131 of Zoning By -law 97 -95, as amended, the garage and
carport 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 garage and
attached carport be located no closer than approximately 1.2 metres from the front lot
line;
3. 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 3.55 metres above finished grade;
4. That the location and size of the garage and attached carport be substantially and
proportionally in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
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 6of9
Committee of Adjustment Meeting Minutes — May 16, 2013.
f) 2013 -A -26 (Dennis Barker),
1024 Ridge Road West, East Half Lot 26, 51 R -9847, Part 1, Concession 5,
Application for relief from Maximum Height and Maximum Floor Area in an
Agricultural /Rural (A/RU) Zone.
Dennis Barker, applicant, was present.
Motion No. CA130516 -8
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment approves Variance Application
2013 -A -26, specifically to permit an accessory building possessing a maximum height of
5.8 metres and a maximum floor area of 261 square metres:
1. That, notwithstanding Sections 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 height of 5.8 metres and a floor
area of 261 square metres;
3. That the buildings and structures on the property, including the removal of a garage as
shown, 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 9
Committee of Adjustment Meeting Minutes — May 16, 2013.
g) 2013 -A -25 (Jason & Wraygan Gullett),
17 Cherry Trail, Concession 7, Plan M -368, Lot 75,
Application for relief from Maximum Floor Area of accessory building to construct a new
detached accessory building.
Scott Macpherson declared a pecuniary interest on Item 5g) 2013 -A -25 (Jason &
Wraygan Gullett), 17 Cherry Trail, Concession 7, Plan M -368, Lot 75, Application for relief
from Maximum Floor Area of accessory building to construct a new detached accessory
building, as he is a neighbour. Scott Macpherson left at 11:58 a.m. and was not present
during the discussion or vote on this matter.
Jason Gullett, applicant, and Andrew Fyfe, Planner, were present.
Rick Graziano, neighbour, read his correspondence.
Errol Doddridge, neighbour, noted the current commercial uses on the property,
continuous equipment being used and stored on the property, and that an already
operational dog grooming business on the property was causing vehicular congestion on
a residential street.
Ken Gellately, neighbour, reiterated Mr. Graziano's and Mr. Doddridge's comments.
Alan Baker, resident, questioned why the driveway to the proposed building had already
been installed, and noted that the applicant has moved debris onto the abutting property
where a subdivision is being proposed.
Motion No. CA130516 -9
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment defers Variance Application 2013 -A-
25, at the request of the applicant.
Carried.
Page 8of9
Committee of Adjustment Meeting Minutes — May 16, 2013.
6. NEW BUSINESS:
a) April 2013 OACA Newsletter.
Motion No. CA130516 -10
Moved by Tupling, Seconded by Chappell
It is recommended by the Committee of Adjustment that the April 2013 OACA Newsletter
be received.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, June 20, 2013 at 10:00 a.m. at Old Town Hall, 833 15/16 Sideroad.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. CA130516 -11
Moved by Tupling, Seconded by Hastings
It is recommended that we do now adjourn at 12:50 p.m.
Carried.
Carried.
Scott Macpher on, Chair Derek Witlib for the Secretary Treasurer
Page 9 of 9