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03 21 2013 Committee of Adjustment AgendaTownship of Proud Heritage, Exciting Future 1. OPENING OF MEETING: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, March 21, 2013 TIME: 10:00 a.m. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, February 21, 2013. 5. PUBLIC MEETINGS: a) 2013 -B -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. 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. 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. 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. 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. 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, Page 1 of 110 Page 90 -104 105 -110 Committee of Adjustment Meeting Agenda - March 21, 2013. 5. PUBLIC MEETINGS: maximum height of accessory building, maximum lot coverage and maximum floor area. g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, Concession 7, Plan 967, Lot 69, Application for relief from front yard setback. 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. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, April 18, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 110 4a) Minutes of the Committee of Adjustment meeting held ... -.74411141‘1,- " I I Toulosi!iptWedonte, Proud HrrirrgL, Excirihag Frrrurr THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, February 21, 2013 TIME: 10:10 a.m. 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 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 Page 3 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 Page 4 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 Page 5 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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: 1. That, notwithstanding Table B1 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; 2. 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; 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 9 Page 6 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 Page 7 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 Page 8 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 was present and submitted correspondence dated February 21, 2013 to request a deferral. Nancy and Bruce Rivoire provided pictures and comments to the Committee and staff. The applicant provided response comments Motion No. C130221 -7 Moved by Johnson, Seconded by Chapp 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 Page 9 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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 Page 10 of 110 4a) Minutes of the Committee of Adjustment meeting held ... 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. 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. Scott Macpherson, Chair Carried. Carried. Andria Leigh, Secretary Treasurer Page 9 of 9 Page 11 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... (9i 0.!i 2ea/o ite Proud Iterhmge. Ezri,C, Fur -' TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -02 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Consent Application Mike McGill 1495 Line 3 North Concession 4, West Part Lot 11 Motion # Roll #: 4346- 010- 002 -09600 _ R.M.S. File #: D10 -44194 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013 -B -02: 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 are 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 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. BACKGROUND: The purpose of Consent Application 2013 -B -02 is to consider the creation of a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. The total lands have an area of approximately 39.62 hectares (97.91 acres) and possess extensive frontages on both Old Barrie Road West and Line 3 North. The lands proposed to be severed would have a frontage of 100 metres (328 feet) on Line 3 North, a lot area of 1 hectare (2.47 acres) and are intended for residential, agricultural and hobby farm uses. The lands support a single detached dwelling, a quonset barn and several smaller agricultural and accessory buildings. Development Services Application No. 2013 -B -02 Meeting Date: March 21, 2013 Page 1 of 6 Page 12 of 110 5a) 2013 -B -02 (Mike McGill), 1495 Line 3 North, Concessio... The lands proposed to be retained would have a lot area of approximately 38.62 hectares (95.4 acres), are vacant of buildings or structures and are proposed for continued agricultural use. ANALYSIS: The applicant's agent has supplied information stating that the owner (Mike McGill) is a bonafide farmer with operations in the Township of Springwater and in the Township of Oro - Medonte totalling 138 hectares (340 acres) under his ownership, as well as 71 hectares (175 acres) that are leased. The owner is proposing to sever the existing dwelling and related buildings from the balance of the farmland on the basis that the dwelling is surplus to a consolidated farm operation. The retained farmland is proposed to be rezoned to prohibit residential uses. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township Official Plan and Zoning Bv-law The subject property is designated Agricultural according to Schedule 'A' to the Township of Oro - Medonte Official Plan. Section C1 of the Township's Official Plan contains policies related to the use and development of land in the Agricultural designation and permits land uses that include agriculture and single detached dwellings. Section C1.3.1 of the Official Plan encourages the expansion, consolidation of new agricultural uses. While the Official Plan does not contain policies specific to the severance of a residence surplus to a farming operation as a result of farm consolidation, Section D2.2 of the Official Plan contain general consent policies which would allow for the consideration of severances of this nature. The subject property has portions zoned Agricultural /Rural (A/RU) Zone. Table B4B of the Township's Zoning By -law requires a minimum frontage of 45 metres for a lot in the Agricultural /Rural (A/RU) Zone, and Table B4A requires a minimum of 0.4 hectares for a single detached dwelling, 2.0 hectares for a hobby farm or agricultural uses, and 4.0 hectares for an intensive or specialized agricultural use. The lands proposed to be severed would exceed the minimum lot frontage and lot area requirements for residential uses, but would be deficient with respect the minimum lot are for a hobby farm or agricultural uses. The Zoning By -law also requires minimum interior side and rear yard setbacks of 15.0 metres (49.2 feet) for an agricultural building, whereas the applicant is proposing an interior side yard setback of 12.5 metres for an existing agricultural building on the severed lands. Portions of the retained lands are zoned Environmental Protection (EP) Zone, corresponding with small watercourses that cross the lands. The lands in the EP Zone are not impacted by this consent application. Also potentially applicable to this application is Section 5.1.6 of the Zoning By -law which states that on Tots with an area less than 2.0 hectares in the Agricultural /Rural (A/RU) Zone, the maximum floor Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -02 Page 2 of 6 Page 13 of 110 5a) 2013 -B -02 (Mike McGill), 1495 Line 3 North, Concessio... area of any one detached accessory building may not exceed 100 square metres (1,076.4 square feet). Since the applicant has not provided the floor area of the quonset barn in his application, Planning Staff cannot confirm at this time if the building complies with Section 5.1.6. Based on the above, there are characteristics of the proposed severed lands that would not comply with the Zoning By -law. However, since the Provincial Policy Statement (as discussed later in this report) would require that the retained agricultural parcel be rezoned to prohibit residential use, the above -noted deficiencies can be addressed by including them in the Zoning By -law Amendment that would be required as a condition of consent. Since residential uses would not be permitted on the proposed retained lands, Planning Staff is of the opinion that a potential hobby farm use on the proposed severed lands, including the keeping of a limited number of livestock in accordance with the current provisions of the Zoning By -law, would create a land use conflict. Planning Staff notes that size of the proposed severed is largely dictated by the locations of the existing buildings on the lands, buildings which the applicant does not wish to keep with his farm operation. The proposed severance of a residence surplus to a farm consolidation is not anticipated to affect the viability of the farm operation taking place on the retained lands. Having considered the above, Planning Staff is of the opinion that the application generally conforms to the policies of the Township's Official Plan. County Official Plan The subject lands are designated Rural & Agricultural in the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose ... consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan", and continues to state that "[all] lots created shall conform to all applicable municipal policies and bylaws." Section 3.6 of the County's Official Plan contains policies for lands in the Rural and Agricultural designation, and states that "[prime] agricultural areas will be protected for agriculture and compatible uses ... lots may be created for an agricultural use ... a residence surplus to a farming operation ... [and] [new] lots for agricultural uses should generally not be less than 35 hectares ... ". On this basis, it is the opinion of Planning Staff that proposed severance generally conforms to the County of Simcoe's Official Plan. Provincial Policy Statement (PPS) Section 2.3.4.1 of the PPS contains policies related to "Lot Creation and Lot Adjustments ", and specifically states that "Lot creation in prime agricultural areas is discouraged and may only be permitted for ... a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations ... c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." The process through which the Township would ensure that residential uses are not permitted on the vacant farmland is rezone the lands accordingly. Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -02 Page 3 of 6 Page 14 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... During a site visit of the subject property and the immediate area, no livestock operations were identified which would result in the requirement for the applicant to provide confirmation of compliance with the applicable Minimum Distance Separation (MDS) Formulae. Furthermore, the information supplied by the owner's agent sates that no livestock uses are proposed on the retained farmland. Based on the above, Planning Staff is of the opinion that the application is consistent with the PPS, subject to a zoning by -law amendment to prohibit the residential use of the retained lands. Places to Grow The subject Consent Application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.92 of these policies state that "[development] outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.107 , which states that "[population] ... growth will be accommodated by ... directing development to settlement areas, except where necessary for development related to ... rural land uses that cannot be located in settlement areas". The Places to Grow policies, however, do not prohibit severance in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. CONSULTATIONS: Environmental Services Division — no concerns. Transportation Division - Building Division — no concerns. Nottawasaga Valley Conservation Authority — County of Simcoe — ATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Severance Sketch CONCLUSION: Planning Staff recommends that Consent Application 2013 -B -02 BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2005. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: c C.A.O. Approval / Comments: Development Services Application No. 2013 -B -02 Meeting Date: March 21, 2013 Page 4 of 6 Page 15 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... SCHEDULE 1: LOCATION MAP 2013 -B -02 (McGill) OLD _ERIE 1=4-07,40-W SU BJECT PROPERTY (1495 -z - Q w 2 Line 3 North) Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -02 Page 5 of 6 Page 16 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... SCHEDULE 2: SEVERANCE SKETCH 2013 -B -02 (McGill) 5 —340— Oon 1 v( 0000 0 00 0o0o0''0C r_ '0000c�� cup ) 0 0 0`0 o r 0-(:) C r C . . ] r . . ) C.: 'ooh 0 0 rril [a �d C 0o0Caoo':ao.r..JHJ, o 0 0 a..o.. 0 0a C rl0 0 0 0 0 0 0 0 0 0 0 C o u o Cr ::J CI 0 0 0 ;_0 L; 0 0 0 0 0 n �� _ �7 o' . r ") - CI SEVERANCE SCHEDULE PART OF LOT 11, CONCESSION 4 1495 LINE 3 NORTH none TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE 2013 EP 1495 LINE 3 NORTH - SEVERANCE SCHEDULE TOWNSHIP OF ORO- MEDONTE LANDS TO BE RETAINED LANDS TO BE SEVERED �tl CURRENT OP DESIONATIDN CURRENT ZONING INNOVATIVE MANNINO CINE Dice Development Services Application No. 2013 -B -02 Meeting Date: March 21, 2013 Page 6 of 6 Page 17 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... 2013 -B -02 (McGill) SINGLE DETACHED DWELLING ON PROPOSED SEVERED LANDS .::„ ., „..„.,F41.!;'f IA ,, - • • OF I Pit - cfl . -) 7. S41* ,'' : t ai, y w5 " i e ( * : : P *r . I X- Vii# I Z /5 i —i if. .....,, ,..,,:// ' . ..,.... a I „ • 1,410,....„....t ll .. f or ni 'r- i�7:LY'il J Piplti&lk '1 . 4 hi it IA 0.- .., ... _....---.. ViLitg14-Wsokiiiallifill '4'7111 !fiti it 1 3, - -.i I�` �� ilCr . _ _77IF,••- riffalle(1111i titelIVArr Pirr Page 18 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... 2013 -B -02 (McGill) SINGLE DETACHED DWELLING ON PROPOSED SEVERED LANDS ,:: r'ill,ifi V114.'5,424.; 1 1,' \ ,r. 14 ''N, ' (___, ... ; NtL V,!. ti, �, tio' ,1 �� 121 13 iw dr ' t� *r' 7, 3 d ARtpe A4 r6t " l .� i �p4 g� ,� `. pi " a� f._- y, . 6' E' NI alkl a V Pr 0 r i ti r Las......... _ , . -.,_. .... .__ .. _ _ _ _ _ Page 19 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... 2013 -B -02 (McGill) ACCESSORY BUILDINGS ON PROPOSED SEVERED LANDS r f 1 „moo. ,... sv "3 �. + ;`.. o BO , an m rillip Page 20 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... 2013 -B -02 (McGill) ACCESSORY BUILDINGS ON PROPOSED SEVERED LANDS ` ' 1 v r ib, t o' is Vk' " ,j ", O r \ Y, �� ill III Page 21 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... County of Slmcoe Main Line (705) 726 -9300 I `tt�arcoUPoTY OF Planning Toll Free 1- 888 -893 -9300 "" " `C®E � Midhurst, Ontario LOL 1X0 Imcoo.ca 727-4276 PLANNING ° Andria Leigh Secretary/Treasurer Committee of Adjustment Township of Oro-Medonte PO Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh, RE: Consent Application File No. 2013 -B -02 1495 Line 3 North (Concession 4, West Part Lot 11) Township of Oro - Medonte March 18, 2013 Thank you for circulating the County of Simcoe. The subject property is designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the County Official Plan and Provincial policy documents. This application is to permit the creation of a new residential 1 hectares (2.47 acres) lot as surplus to a farming operation. The proposed retained portion of the subject property would be approximately 36.5 hectares (90 acres). The County Official Plan and Local Official Plan outline specific criteria for lot creation within the Agricultural designation. These policies pre -date and are not entirely consistent with the Provincial Policy Statement (PPS). Section 2.3.4.1 c) of the PPS states that lot creation in prime agricultural areas may be permitted for a residence rendered surplus to a farming operation as a result of farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland retained by the severance. The County of Simcoe's Transportation & Engineering Department has no objection to the approval of the application, provided the following conditions are included: 1. The applicant shall transfer to the Corporation of the County of Simcoe ( "County"), at no cost, a fee simple, unencumbered interest in the following: A road allowance widening along the entire frontage of the subject property adjacent to County Road 11 to provide a 15.25 metre right -of -way from the centre line of County Road 11. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widening to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy 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 fully borne by the applicant. The PLD-003 -001 Page 22 of 110 5a) 2013 -B -02 (Mike McGiII), 1495 Line 3 North, Concessio... 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 Corporation of the County of Simcoe. The Solicitor shall carry transfer insurance that will Indemnify the transfer. The applicant must contact the County for detailed transfer specifications. Prior to stamping of the deed by the Township of Oro - Medonte the Applicant shall obtain written clearance from the County for the above -noted condition. The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 11 is required pursuant to the County's standards for the construction and is consistent with proper safety standards. 2. The County of Simcoe Entrance By -law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road. The Applicant will not be allowed an entrance onto County Road 11 from the retained lot as a condition of the County's approval. County planning staff do not object to the proposed consent application provided the lot creation is a result of farm consolidation, the residential lot is of a minimum size to accommodate the residence and appropriate sewage and water system, the retained lands be zoned to prohibit a residential dwelling and the road widening conditions listed above be included in the Committee's decision. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact the undersigned at 705 -726 -9300 ext. 1937, eric.hyatt@simcoe.ca. Sincerely, The Corporation of the County of Simcoe 1 Eric Hyatt, CPT Planning Technician cc. Bruce Hoppe, Manager of Development Planning Paul Murphy, EngineeringlPlanning Technician Page 23 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... •■ ' Prond xerr, „x., exc;,ie R ro,:,.. TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -03 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Consent Application J & K Farms Ltd. 1400 Line 11 North Concession 11, East Part Lot 12 Motion # Roll #: 4346- 010- 004 -21400 R.M.S. File #: D10 -44227 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013 -B -03: 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 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. BACKGROUND: The purpose of Consent Application 2013 -B -03 is to consider the creation of a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. The total lands have an area of approximately 40 hectares (100 acres) and possess a frontage of approximately 614 metres (2015 feet) along Line 11 North. The lands proposed to be severed would have a frontage along Line 11 North of 47.8 metres (157 feet), a lot area of approximately 0.6 hectares (1.5 acres), would contain an existing single detached dwelling for continued residential use. The lands proposed to be retained would have a lot area of approximately 39.9 hectares (98.5 acres), are vacant of buildings or structures and are proposed for continued agricultural use. Development Services Application No. 2013 -B -03 Meeting Date: March 21, 2013 Page 1 of 6 Page 24 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... ANALYSIS: The applicant's agent has supplied information stating that the owner (J & K Farms Ltd.) is a bonafide farmer with 19 landholdings in Simcoe County, including approximately 500 acres in the Township of Oro - Medonte. The owner is proposing to sever the existing dwelling from the balance of the farmland on the basis that the dwelling is surplus to a consolidated farm operation. The retained farmland is proposed to be rezoned to prohibit residential uses. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township Official Plan and Zoning By -law The subject property is designated Agricultural according to Schedule 'A' to the Township of Oro - Medonte Official Plan. Section C1 of the Township's Official Plan contains policies related to the use and development of land in the Agricultural designation and permits land uses that include agriculture and single detached dwellings. Section C1.3.1 of the Official Plan encourages the expansion, consolidation of new agricultural uses. While the Official Plan does not contain policies specific to the severance of a residence surplus to a farming operation as a result of farm consolidation, Section D2.2 of the Official Plan contains general consent policies which would allow for the consideration of severances of this nature. The subject property is zoned Agricultural /Rural (A/RU) Zone. Table B4B of the Township's Zoning By -law requires a minimum frontage of 45 metres for a lot in the Agricultural /Rural (A/RU) Zone, and Table B4A requires a minimum of 0.4 hectares for a single detached dwelling, 2.0 hectares for a hobby farm or agricultural uses, and 4.0 hectares for an intensive or specialized agricultural use. The lands proposed to be severed would comply with the minimum lot frontage and lot area requirements for residential uses and the lands proposed to be retained would comply with the minimum requirements for agricultural uses. Planning Staff notes that size and shape of the proposed severed parcel is largely dictated by the locations of the existing dwelling and driveway on the lands. Two former barns that were located on the lands to be retained have been demolished. This proposed severance of a residence surplus to a farm consolidation is not anticipated to affect the viability of the farm operation taking place on the retained lands. The Township's Building Division has advised that the located of the septic system servicing the existing dwelling on the proposed severed lands needs to be confirmed by the applicant. Planning Staff notes that the proposed severed lands are of a sufficient size to accommodate a septic system in the event that the existing system needs to be modified or replaced, and it is recommended that this matter be addressed as a condition of consent. Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -03 Page 2 of 6 Page 25 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... Having considered the above, Planning Staff is of the opinion that the application conforms to the policies of the Township's Official Plan and provisions of the Zoning By -law. County Official Plan The subject lands are designated Rural & Agricultural in the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose ... consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan", and continues to state that "[all] lots created shall conform to all applicable municipal policies and bylaws." Section 3.6 of the County's Official Plan contains policies for lands in the Rural and Agricultural designation, and states that "[prime] agricultural areas will be protected for agriculture and compatible uses ... lots may be created for an agricultural use ... a residence surplus to a farming operation ... [and] [new] lots for agricultural uses should generally not be less than 35 hectares ... ". On this basis, it is the opinion of Planning Staff that proposed severance generally conforms to the County of Simcoe's Official Plan. Provincial Policy Statement (PPS) Section 2.3.4.1 of the PPS contains policies related to "Lot Creation and Lot Adjustments ", and specifically states that "Lot creation in prime agricultural areas is discouraged and may only be permitted for ... a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations ... c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance" The process through the Township would ensure that residential uses are not permitted on the vacant farmland is rezone the lands accordingly. During a site visit of the subject property and the immediate area no livestock operations were identified which would result in the requirement for the applicant to provide confirmation of compliance with the applicable Minimum Distance Separation (MDS) Formulae. Based on the above, Planning Staff is of the opinion that the application is consistent with the PPS, subject to a zoning by -law amendment to prohibit the residential use of the retained lands. Places to Grow The subject Consent Application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.9.2 of these policies state that "[development] outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(1)', which states that "[population] ... growth will be accommodated by ... directing development to settlement areas, except where necessary for development related to ... rural land uses that cannot be located in settlement areas". The Places to Grow policies, however, do not prohibit severance in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -03 Page 3 of 6 Page 26 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... CONSULTATIONS: Environmental Services Division — Transportation Division - Building Division — provide location of septic system, including setbacks from property lines. Nottawasaga Valley Conservation Authority — County of Simcoe — ATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Severance Sketch CONCLUSION: Planning Staff recommends that Consent Application 2013 -B -03, BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2005. Respectfully submitted: )1424b Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -03 Page 4 of 6 Page 27 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... SCHEDULE 1: LOCATION MAP 2013 -B -03 (J & K Farms Ltd.) (L' w z NEM 010 BARRIE:ROAD E SUBJECT PROPERTY (1400 Line 11 North) Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -03 Page 5 of 6 Page 28 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... SCHEDULE 2: SEVERANCE SKETCH 2013 -B -03 (J & K Farms Ltd.) Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -03 Page 6 of 6 Page 29 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... 2013 -B -03 (J &K FARMS LTD.) SINGLE DETACHED DWELLING ON PROPOSED SEVERED LANDS • y�. . ._ w pry I^ M 1 11 t r i : r 7 � , 0' ' <■. Ate• . ` nip, [l ,1 I; F i�' e� 1 zf i - .I Page 30 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... Page 31 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... Page 32 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... 2013 -B -03 (J &K FARMS LTD.) PROPOSED SEVERED AND RETAINED LANDS (SOUTH SIDE) ME 5 • n 4 P e� r r.. . 8r rJ . . < ` r Page 33 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... Page 34 of 110 5b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, ... COUNTY OF S1MCwE County of Slmcoe Main Line (705) 726-9300 Planning Toll Free 1- 888 - 893 -9300 1110 Highway 26, Fax (705) 727 -4276 Midhurst, Ontario LOL 1X0 almcoe.ca PLANNING Andria Leigh Secretary/Treasurer Committee of Adjustment Township of Oro-Medonte PO Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh, RE: Consent Application File No. 2013 -B -03 1400 Line 11 North (Concession 11, East Part Lot 12) Township of Oro - Medonte March 18, 2013 Thank you for circulating the County of Simcoe. The subject property is designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the County Official Plan and Provincial policy documents. This application is to permit the creation of a new residential 0.60 hectares (1.75 acres) lot as surplus to a farming operation. The proposed retained portion of the subject property would be approximately 39.9 hectares (98.5 acres). The County Official Plan and Local Official Plan outline specific criteria for lot creation within the Agricultural designation. These policies pre -date and are not entirely consistent with the Provincial Policy Statement (PPS). Section 2.3.4.1 c) of the PPS states that lot creation in prime agricultural areas may be permitted for a residence rendered surplus to a farming operation as a result of farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland retained by the severance. County planning staff do not object to the proposed consent application provided the lot creation is a result of farm consolidation, the residential lot is of a minimum size to accommodate the residence and appropriate sewage and water system, and the retained lands be zoned to prohibit a residential dwelling. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact the undersigned at 705 -726 -9300 ext. 1937, eric.hyatt@simcoe.ca. Sincerely, The Corporation of the County of Simcoe Eric Hyatt, CPT Planning Technician cc. Bruce Hoppe, Manager of Development Planning PLD -003 -001 Page 35 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... Tuunslript, Priwd Hrebt e. Esriiinp Furore TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -04 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Consent Application 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 South Concession 2, Plan 104, Part Lot 1 Motion # Roll #: 4346- 010- 007 -11600 R.M.S. File #: 010 -44229 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013 -B -04: 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. BACKGROUND: The purpose of this report is to consider Consent application 2013 -B -04 which proposes to permit a boundary adjustment/lot addition. The subject lands are located on the west side of Line 2 South, south of Ridge Road West, municipally known as 1164 Line 2 South, having frontage along Line 2 South of 6.03 metres (19.78 feet), a lot depth of 82 metres (269 feet), a lot area of 0.315 hectares (0.78 acres) and are irregular in shape. ANALYSIS: The lands proposed to be severed are located in the north -east corner of the subject lands, comprise an area of approximately 0.007 hectares (0.01 acres), are vacant of buildings or structures and do not have frontage on a municipal road. The lands proposed to be retained have a frontage along Line 2 South of 6.03 metres (19.78 feet), possess a lot area of approximately 0.3 hectares (0.74 acres) and currently contain a single detached dwelling and detached accessory buildings. Development Services Application No. 2013 -B -04 Meeting Date: March 21, 2013 Page 1 of 6 Page 36 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... No new lot is proposed to be created as a result of the proposed boundary adjustment/lot addition. The applicant has stated that the purpose of the application is to merge the proposed severed lands with a vacant lot known as 1160 Line 2 South in order to "square off" the vacant lot for future residential use. The existing vacant lot known as 1160 Line 2 South presently has a frontage of approximately 46.7 metres (153.3 feet) along Line 2 South and a lot area of 0.13 hectares (0.32 acres). The proposed merger would increase the area of the lot known as 1160 Line 2 South to approximately 0.137 hectares (0.34 acres). FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township Official Plan All of the lands related to this application are designated Rural Settlement Area (Shanty Bay) in the Township's Official Plan. Section D2.2.2 of the Official Plan which contains provisions which permit a consent for the purpose of modifying a lot boundary. Planning Staff is of the opinion that this application conforms to the Official Plan. Township Zoning By-law All of the lands related to this application are zoned Residential One (R1) pursuant to Schedule A4 to Zoning By -law 97 -95. The provisions of the R1 Zone include a minimum lot frontage of 30 metres and a minimum lot area of 0.2 hectares. The lands proposed to be retained have an existing lot frontage of 6.03 metres which does not comply with the Zoning By -law. However, this is an existing situation which would not be affected or aggravated by the proposed boundary adjustment and as such, does not trigger the need for relief (Minor Variance or Zoning By -law Amendment) from the Zoning By -law. The lot area of the retained lands would comply with the Zoning By -law. The two parcels proposed to be merged by this application have a lot frontage of 46.7 metres (153.3 feet) and would possess a combined lot area of approximately 0.137 hectares (0.34 acres). Although this application proposes to increase the lot area of the parcel known as 1160 Line 2 South to 0.137 hectares, the lot would continue to be deficient with respect to the 0.2 hectare minimum requirement of the Zoning By -law. However, since this application is not reducing the lot area or aggravating the non- compliance with respect to lot area, there is no specific requirement to address the lot area deficiency at this time through a Minor Variance or a Zoning By -law Amendment. However, in the event that a specific building proposal is brought forward in the future, the owner /applicant would need to address the requirements of the Zoning By -law at that time, as well as the requirements for a septic system. Planning Staff cannot provide any assurance at this time with respect to whether or not such relief from the Zoning By -law might be granted or whether the lands can accommodate a septic system. Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -04 Page 2 of 6 Page 37 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... County of Simcoe Official Plan The subject lands are in the area designated Settlement (Shanty Bay) according to the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose of boundary adjustments and consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan", and continues to state that "[all] lots created shall conform to all applicable municipal policies and bylaws." Since the proposed boundary adjustment would not result in the creation of a new lot, would conform to the Township's Official Plan and would not introduce any, or lead to an increase in an existing, situation of non- compliance with the Zoning By -law, the proposal is considered to conform to the County's Official Plan. Provincial Policies Provincial Policy Statement, 2005 (PPS, 2005), Growth Plan for the Greater Golden Horseshoe (Places to Grow), and Lake Simcoe Protection Plan (LSPP). With respect to the Places to Grow and LSPP policies of the Province of Ontario, Planning staff notes that these documents do not contain provisions for boundary adjustments. Similarly, Planning staff notes that while the PPS, 2005 does contain provisions for boundary adjustments, such provisions are specifically applicable to agricultural areas, and would therefore not apply to the area subject to this application. CONSULTATIONS: Environmental Services Division — no concerns. Transportation Services Division - Building Division — no concerns. Lake Simcoe Region Conservation Authority — County of Simcoe — ATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Severance Sketch CONCLUSION: Planning Staff recommends that Consent Application 2013 -B -04, BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2005. Development Services Application No. 2013 -B -04 Meeting Date: March 21, 2013 Page 3 of 6 Page 38 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... Respectfully submitted: AlL4Z, Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -04 Page 4 of 6 Page 39 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... SCHEDULE 1: LOCATION MAP 2013 -B -04 (Campbell) UBJECT PROPERTY (1164 Line 2 S Development Services Meeting Date: March 21, 2013 Application No. 2013 -B -04 Page 5 of 6 Page 40 of 110 5c) 2013-B-04 (Donald & Lynn Campbell), 1164 Line 2 Sou... SCHEDULE 2: SEVERANCE SKETCH 2013-B-04 (Campbell) 10 570'375 I 53 •-1" 11111011 211 35313 ID 9,0.26 c h a sJt1 PART I ARE4=0.3 / 5 ha. 1.55BI630" E r5Jell 31.72 ;Ja 02551 s LOT P A.? 558 • 3318 .I.. r..- . PART 2 w w , Aj.vRoE;A:v0R. vi .231,0 ahro . -.. , : .,,,, I. ;,?: KIRKPA TA, Crt', •71_ 5. ,,,4rz» ,14.4 :- .?6, 1c1.-8; :: (Metier 1, • ,451 Sem.. f") .1.5141 —, — 11111ro ..(—' L--1 52 ;.7.11 a —7 • dir, ---, 1456.'1900"E 30.35 N.M.,— - 3 131..0 ti 50• 12, 30 35 tot,' Ci -0 0.11 l it N 0/ 0 5 0 25 ‘0.433 I50 5.1 00333 I 1630E N 3 T -PL.4.V 5,R-106 0 3- a ; 8 8 111:31 1 LI N E 1 sc. fr R T T s4 IR; 19 5. t. (0. DA T. Development Services Meeting Date: March 21, 2013 Application No. 2013-B-04 Page 6 of 6 Page 41 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... 2013 -B -04 (CAMPBELL) SINGLE DETACHED DWELLING ON PROPOSED RETAINED LANDS ' '. 4 1- ' Lek g 44 ''.1. 14 5.. ' ' '1.,',. -", F i , i ti ;„ 6 Vii'..�2 r . -- - • Cam' s . 4 Page 42 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... 2013 -B -04 (CAMPBELL) PROPOSED SEVERED LANDS INDICATED IN YELLOW TAPE 1� t*'.n tom, +:.. .te 4 m 4 wti 'ag `i 1':.' Fi icor- rie r! Page 43 of 110 5c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 Sou... 2013 -B -04 (CAMPBELL) PROPOSED SEVERED LANDS INDICATED IN YELLOW TAPE 5 * ..r d Z , 4 ....te \ -.4-: , x - yy w Y� l i 9. E ,gyp- < -. 1' '! � 'R `rte 1 i t, .:41,, }: - > z -'- f _�..i� ow Page 44 of 110 5c) 2013-B-04 (Donald & Lynn Campbell), 1164 Line 2 Sou... Page 45 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... Tn.ms7npV P,O.,i rt,nrnpr. Exching ru,m. TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -11 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Variance Application (Paul & Cindi Smith) 3172 Line 8 North Part Lot 1, Concession 8 Motion # Roll #: 4346- 010- 003 -36002 _ R.M.S. File #: D13 -44150 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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. 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. BACKGROUND: The property presently contains a 182 square metres (1960 square foot) single detached dwelling with attached garage. The applicant is proposing to construct a new detached garage with a floor area of 125.4 square metres (1350 square feet) and a height of 5.4 metres (17.7 feet). ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Rural Residential (RUR2) Zone 1. Section 5.1.4 — Maximum height of accessory building 2. Section 5.1.6 — Maximum Floor Area of accessory building Required 4.5 metres 70 square metres (753.5 square feet) Proposed 5.4 metres 125.4 square metres (1350 square feet) Development Services Application No. 2013 -A -11 Meeting Date March 21, 2013 Page 1 of 6 Page 46 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Rural in the Official Plan. Permitted uses in this designation include single detached dwellings and accessory buildings. Therefore, the proposed detached accessory building conforms to the general intent of the Official Plan. Does the variance meet the general intent of the Zoning By -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Rural Residential Two (RUR2) Zone. According to the Township's Zoning By -law, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands would comply with all minimum required setbacks, but requires relief from the maximum height and floor area provisions of the Zoning By -law. The Zoning By -law restricts the height and floor area of accessory buildings in order to ensure that such structures remain secondary and subordinate to the main residential use of the property, as well as to prevent over- development that would detract from the rural character of the area. Planning staff notes that the proposed detached garage would not be positioned closer to Line 8 North than the existing dwelling on the subject lands or closer than the existing dwelling on the adjacent lands to the north. Planning Staff is of the opinion that the variances, if approved, would not have any negative impact on surrounding land uses or the character of the surrounding area, and that the proposed accessory building would remain secondary to the main residential use of the property. For the reasons outlined above, the proposed variance would be considered to meet the general intent of the Zoning By -law, and would be considered appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance related to the accessory building is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, is considered appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, it is considered to be minor. CONSULTATIONS: Environmental Services Division — no concerns. Transportation Division - Building Division - onsite verification needed of required 5 metre setback from end of tile bed runs. Nottawasaga Valley Conservation Authority — Development Services Application No. 2013 -A -11 Meeting Date March 21, 2013 Page 2 of 6 Page 47 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... County of Simcoe - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevation and Floor Plan CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -11, specifically, to permit the construction of an accessory building appears to meet the four tests of the Planning Act. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date March 21, 2013 Application No. 2013 -A -11 Page 3 of 6 Page 48 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... SCHEDULE 1: LOCATION MAP 2011 -A -11 (Smith) SUBJECT PROPERTY (3172 Line 8 North) Development Services Meeting Date March 21, 2013 Application No. 2013 -A -11 Page 4 of 6 Page 49 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... \SCHEDULE 2: SITE PLAN (PROPOSED) 2013 -A -11 (Smith) Development Services Meeting Date March 21, 2013 Application No. 2013 -A -11 Page 5 of 6 Page 50 of 110 5d) 2013-A-11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... SCHEDULE 3: ELEVATION AND FLOOR PLAN (PROPOSED) 2013-A-11 (Smith) Development Services Meeting Date March 21, 2013 Application No. 2013-A-11 Page 6 of 6 Page 51 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... 2013 -A -11 (SMITH) PUBLIC NOTICE SIGN AND SITE OF PROPOSED ACCESSORY Y BUILDIN. . , _ • Page 52 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... 2013 -A -11 (SMITH) EXISTING SINGLE DETACHED DWELLING ON SUBJECT LANDS IF A 1710 .4.4,, q A__ ... , ,4„, • ,,_ % 9 . 4.. .. .._,.... ..,, ., e, .. _ _ .. , r _,. - ..rte ... . _ S ..., .. ....,..„ _ _ A .41r-' - K , r h F Page 53 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... 2013 -A -11 (SMITH) EXISTING SINGLE DETACHED DWELLING ON ADJACENT LANDS -1.111r 1 lip rlir , R -^ .e..- ..fit .. yo- Page 54 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... Page 55 of 110 5d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Co... 03/18/2013 13:49 AoGA r Zu0. 4(.6, 7'tNG � 6O -aO Member Municipalities Adjala- Tosorontin Am, ranch Barrie The Blue Mountains 8nriford -West Gwillimhury CIceirview CallinMWOOCI Essa Crey Highlands Innisfil Melanr:then Mann Murmur New Tecumseth Oro- Meclonte 5helbr.vn. Springwater Wasaga Beach Watershed Counties DI rrf(•'.rin Grey Simcne Member of Conservation ONTARIO NUhnIJ rdMmLnn.> 7054242115 NVCA PAGE 01/01 5Gh cu March 18, 2013 Andria Leigh, Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Ms. Leigh; Re: Application for Minor Variance 2013 -A -11 Part Lot 1, Concession 8, 3172 Line 8 North Township of Oro-Medonte The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. We note the proposed garage is in an area under the regulatory jurisdiction of the NVCA whereby a permit is required under the Conservation Authorities Act. We advise the appropriate application has been submitted to the NVCA. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, t/ Tim Salkeld Resource Planner Celebrating 50 Year in Conservation 1960 -2010 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Flfx Conservation A4ministrrtion Centre Tiffin Conservation Area 8195 Oih Line Utopia, On LOM 170 Telephone: 705,424,T 479 fax: 705,424.2115 Web: www_rwca,on.ca Email; a rJmingnvca.en.ea Page 56 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Tnu'n4up a± . L4i�o•:% utonte Amu! NmGage, Eari ixg Future TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -12 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Variance Application (Bernie Murphy & Tom Lobsinger) 69 Eight Mile Point Road Concession 14, Plan 780, Lot 34 Motion # Roll #: 4346 - 030 -012 -09400 R.M.S. File #: D13-44218 REQUIRED CONDITIONS: BACKGROUND: The property contains a one storey 83.6 square metre (900 square foot) cottage and a 40.8 square metre (440 square foot) boathouse with a deck above. The applicant is proposing to demolish the existing cottage and replace it with a new two storey 276 square metre (2975 square foot) single detached dwelling with attached 76 square metre (822 square foot) garage, with a reduced setback to Lake Simcoe. ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Zone Section 5.30 — Setback from Average High Water Mark of Lake Simcoe Required 20 metres Proposed 15 metres FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan, and Section C5 of the Official Plan contains policies related to the use and development of lands in this designation. In Section C5.1 of the Official Plan the stated objectives of the Shoreline designation are: Development Services Application No. 2013 -A -12 Meeting Date March 21, 2013 Page 1 of 7 Page 57 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... • To maintain the existing character of the predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Although the residential use of the property is generally permitted by the Official Plan, the Building Division has a concern with respect the ability of the subject lands to support a septic system adequate for the proposed new dwelling. Based on the above, Planning Staff is unable to determine at this time determine if the requested variance conforms to the Official Plan with respect to the adequacy of private on -site sewage treatment. Does the variance meet the general intent of the Zoning By -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -law and the SR Zone permits single detached dwellings. The Zoning By -law's requirement for a minimum setback of 20 metres from the average high water mark of Lake Simcoe serves to maintain an attractive waterfront any potentially reduce the impacts of development on the natural features of the shoreline area. Planning Staff has inspected the lands and notes that the proposed new dwelling would be setback slightly farther from Lake Simcoe than the existing cottage and would be no closer to Lake Simcoe than the existing dwellings on the adjacent properties to the north and to the south. Based on the above, Planning Staff is of the opinion that the requested variance to the setback from the high water mark would conform to the general intent of the Zoning By -law. However, additional information from the applicant is needed with respect to the proposed septic system in order to determine if the overall development resulting from the variance would be appropriate for the desirable development of the lot. The applicant should satisfy the Committee with respect to the septic system before the Committee makes its decision. Is the variance minor? Subject to the applicant addressing the above -noted septic system issues, the variance would be considered minor. CONSULTATIONS: Environmental Services Division — no concerns. Transportation Division - Building Division — does not appear to be sufficient room for the septic system loading area. Applicant needs to provide details regarding the proposed dwelling (number of bedrooms, gross floor area, fixture units) and the proposed septic system. Tertiary treatment may be required. Lake Simcoe Region Conservation Authority - County of Simcoe - Development Services Application No. 2013 -A -12 Meeting Date March 21, 2013 Page 2 of 7 Page 58 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: North & South Elevations Schedule 4: West and East Elevations CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -12, specifically to permit a single detached dwelling with a setback of 15 metres from the high water mark of Lake Simcoe, BE DEFERRED to provide the applicant the opportunity to address servicing matters (septic system). Respectfully submitted: ' ,///t91[\ .0/ Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: -4 -e_rt, C.A.O. Approval / Comments: Development Services Meeting Date March 21, 2013 Application No. 2013 -A -12 Page 3 of 7 Page 59 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... SCHEDULE 1: LOCATION MAP 2013 -A -12 (Lobsinger) eiaa■ at.. AIU .... +Cates+ a■at.:. ..t. asa+ t... IMaly.. .t.l•a.ataa. ..t ta'tWt�t3Ct. +..l.r.aa..la. +. s.s tom. +.....�.�.+ +.M...111 ..ttttt`tLtt..•tttat• tt.• tttttat.tttttttttt..Cst..tia.0. tt. sO ... * ..a+t... itt�t� tivas f +.....Matµ...... ..s.�t •...f �.�•yyst�•N a.sr �t�ttt• O ta. `8 .14 � SUBJE LAKE SIMCOE PROPERTY (69 Eight Mile Point) Development Services Application No. 2013 -A -12 Meeting Date March 21, 2013 Page 4 of 7 Page 60 of 110 5e) 2013-A-12 (Bernie Murphy & Tom Lobsinger), 69 Eight... \SCHEDULE 2: SITE PLAN (PROPOSED) 2013-A-12 (Lobsinger) Development Services Meeting Date March 21, 2013 Application No. 2013-A-12 Page 5 of 7 Page 61 of 110 ..... r 1 li I 67GRET um au.suftalso=".'". ::,....7=„.••••••■• uelowiameare................ ./. C.C.C.I.TE Edlr-VIIISE i rainr■Ao. o........on="Z:V' rt=..ronwo.■.=F ,.. ..„ 04, ■ ''sZ it r ............----,-,..= . . ., 7.;4,i,„ „.. ,. -. ... .,4 _ _ ........... . .1 a., F...',1 1' , i- ://, 11111111111112 ' --- ••••■•...... II•OI. swam . /// ' 1 .4 AIN, LAKE Sri<07. ■ i oi. ■............=. .m.■ . ....% k ------.. 1 I ......,.. . ..T.'.= ....... ..... ,....,... ; I g Bo .... ea. . CLACI GANA. • ....... '` •`" I °E. 150AIRO , BATTEN VW LOMINGINGEFH, REFINIF MURPHY mAn =TRAM C12.17 WIED I ...... .1401)S /24 •••1., KW 1.510134u roorisVitt=1.,.,, ...., SITE PLAN PETER . Iii hi ARCHER .-..,.... 1,1,1 Development Services Meeting Date March 21, 2013 Application No. 2013-A-12 Page 5 of 7 Page 61 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... SCHEDULE 3: NORTH & SOUTH ELEVATIONS (PROPOSED) 2012 -A -14 (Lobsinger) — ----- - - - - -- 90Ui1{ ELEVATYdJ — — �I�i - � �ic � �-e� Di1I11rT �z. �� {-.��, _ -�] ELkvAT6N6 I. ='-4 =- �^"a _sac -a - PHfBRARCHER 1 - vans -o. / - -� ,,,a,. Development Services Application No. 2013 -A -12 Meeting Date March 21, 2013 Page 6 of 7 Page 62 of 110 5e) 2013-A-12 (Bernie Murphy & Tom Lobsinger), 69 Eight... SCHEDULE 4: EAST & WEST ELEVATIONS (PROPOSED) 2013-A-12 (Lobsinger) Development Services Meeting Date March 21, 2013 Application No. 2013-A-12 Page 7 of 7 Page 63 of 110 11..,4%m.mtr..."...... .,••=r- x-mr2=2r....--.7:.....^.=.• ..,-,..,..........,=.... I - -==......./ " __ z1=.^...•=r,.---- . ., . . .7. .. . = , . . . .•°-P. xl..--. .... INN P ur"nre-V.:-:. ,.. . . — 1 Iral I MI 1.1.= CB, ; . r'ill 1.1.111114 ::'=„7"...,„„.......". ••• rangtio.•••■•■■••=. _ ■ _ _ —: _ III 7 —_ M 74 ____ . ...... - — / EAST ELEVATION k . .... AA... ..T. ETTI .... .., TELLEENAL ,_...... 'AT N-AE TOM LOBSINGINNEN & BEENE MURPHY .....matn LEALIAOTONO .... MI P.M.CE TTENTr VO=TINENO MI 1 1 --.4- ._ ■•••N ELEVATIONS TN3TI A••••■■•••■■■•■••■•I _XT.,— . _ !AS. P-.4.7111="I. 717-='%-.E.T. — . - 1 th: - .w.&,gar. \ ■ Eire ...t=i. MrE e-,-- --varxra-u---,_ 1- 1 ---m----- —_T-1 PETER ARCHER =,. 11.61- ELEVATE. x-. -..-... rile ___41oiki Development Services Meeting Date March 21, 2013 Application No. 2013-A-12 Page 7 of 7 Page 63 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... 2013 —A -12 (LOBSINGER) PUBLIC NOTICE SIGN AND EXISTING COTTAGE q 1 .. !; be., � q i !I it Pie} ,I SR R` i CI i. ii i a", 14 A`i ► 1,x ' 1 P pry�y� o; ° fe� n r e �I !fAt' ,,; G ►i` ; 0 I +++777% i� 1I� ! If..01:;,,, !,:;.1 #' r. 111 ' e „1 V IF ( 14'1 l' I i �'i, m m f� LX11 9 i ow- fil I; , 1 - N.A.. ue 9 ■ rowxaHV ac d+oxEmxi[ Fl Iii 1! r . r I I $.� I�I� tIe9 c. . Al i. ■ 1. v•� 1.44- Iltf ' A „,......„.,c(A\ 1_1\k ' VIIrP ago Page 64 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Page 65 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Page 66 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... 2013 -A -12 (LOBSINGER) EXISTING DECK AND COTTAGE (LOOKING SOUTH) a , r i 'k8 lip _ 1 �� i T i 14, . f Nre w - i krii ,. \ i 1 ill , ,,!! . 'il i 1 Page 67 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... 2013 -A -12 (LOBSINGER) EXISTING COTTAGE AND DECK (LOOKING NORTH) 5[ 'ig �f. '' : ;` "'d/ , 'age. ,t1! . ` 110 ;.,t.,.41,.:,..). / { /3 ' �ii.t.11A �. �,�� + �l►r^ "�i S1 e2# PL � � i��r '�:. I . Iii .v . iiifl: t f R + . F �+r ` r i r : � ,ye . ..1..1/4,. L . .—''' r • IL ampiertioszionewmr ,p:4,thstirt: 417 Page 68 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Lake Simcoe Region conservation authority March 19, 2013 Ms. Bernadine Murphy Mr. Thomas Lobsinger 430 Harmon Road Orillia, ON L3V 2H2 Dear Ms. Murphy & Mr, Lobsinger: Re: Landscaping work, install stairs to shoreline Lot 22, Concession 1 S.D. 69 Eight Mile Point Road - Plan Lot 34, Plan Number 780 Township of Oro- Medonte, County of Simcoe 1) :i A Watershed for Lll 4"111, File No.: OP.2013.005 OLOA.2013.003 IMS No.: RPMA100144 RDFL100047 tZ The Lake Simcoe Region Conservation Authority received your plans for the above mentioned project on March 18, 2013. As detailed in our Level III fish habitat agreement with Fisheries and Oceans Canada (DFO), the Lake Simcoe Region Conservation Authority is responsible to evaluate proposed works as to their impact on fish habitat. We understand that you propose to: • Install boulders as Erosion Control above the Annual Average High Water Mark and • Install lake access stairs. You may be aware of recent changes to the Fisheries Act; however these have not affected the review of your project at this time. For more information on current changes to the Fisheries Act, as well as changes taking effect in the coming months, please refer to the DFO website http://www.dfo-mpo.gc,ca/habitat/habitat- eng.htm. Your proposal has been reviewed to determine whether it is likely to result in impacts to fish and fish habitat which are prohibited by the habitat protection provisions of the Fisheries Act. To reduce potential impacts to fish and fish habitat we are recommending that the following mitigation measures be included into your plans; • Vehicle and equipment re- fuelling and maintenance should be conducted away from the water. • All material and equipment used for the purpose of site preparation and project completion should be operated and stored in a manner that prevents any deleterious substance (e.g. petroleum products, silt, etc.) from entering the water; Page 1 of 2 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 i Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853.5881 I E -Mail: Info©LSRCA.on.ca Proud winner of the International Thiess Riverprize Member of Conservation Ontario Page 69 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... March 19, 2013 Ms. Murphy & Mr. Lobsinger File No.: OP.2013.005 OLOA.2013.003 IMS No.: RPMA100144 RDFL100047 Page 2 of 2 Lake Simcoe Region conservation authority • Any stockpiled materials should be stored and stabilized away from the water and moved outside of the floodplain. • Any part of equipment entering the water should be free of fluid leaks and externally cleaned /degreased to prevent any deleterious substance from entering the water. • Sediment and erosion control measures (silt curtains) shall be implemented prior to the start of works and maintained during the work phase, to prevent entry of sediment into the water. • All sediment and erosion control devises shall be removed after completion of the works. • All rock shall be natural rounded granite in the 300 — 1,000mm diameter range. Substitution of rock type or size is not permitted. • In -water works timing must be procured through the Ministry of Natural Resources. Provided that the mitigation measures described in the attached are incorporated into your plans, I have concluded that your proposal is not likely to result in impacts to fish and fish habitat and you will not need to obtain a formal approval from DFO in order to proceed with your proposal. It remains your responsibility, however, to meet the requirements of any other federal, provincial and municipal agencies. If your plans have changed or if the description of your proposal is incomplete you should consult the DFO website to determine if a review is required, and if so contact this office to determine if the advice in this letter still applies. Please be advised that any impacts to fish and fish habitat which result from a failure to implement this proposal as described or incorporate the additional mitigation measures included in this letter could lead to corrective action such as enforcement. In addition, under the new Fisheries Act, there is a requirement to notify DFO of any harmful alteration or disruption, or any destruction of fish habitat that has not been authorized. Such notifications should be directed to me. If you have any questions please contact Jeff Andersen at (905) 895 -1281, by facsimile at (905) 895 -5881 or by email at j.andersen @Isrca.on.ca. Yours sincerely, if ;Kr, J Andersen n'or Fisheries Biologist JJA /dt c. MNR, Midhurst Jeff Waring, Contractor Page 70 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Lake Simcoe Region conservation authority PERMIT NO. OP.2013.005 Date: March 19, 2013 IN ACCORDANCE WITH ONTARIO REGULATION 179/06. Permission has been granted to: Owner: Ms. Bernadine Murphy Mr. Thomas Lobsinger 430 Hannon Road Orillia, ON L3V 2112 Location: A Watershed for Life Applicant: Mr. Jeff Waring 1066 Warminster Sideroad Coldwater, ON LOK 1E0 Lot 22, Concession I S.D. 69 Eight Mile Point Road - Plan Lot 34, Plan Number 780 Township of Oro- Medonte, County of Simcoe For the: demolition of the existing residence, construction of a new single family dwelling with associated septic system, site grading, realignment of the existing driveway, installation of stairs to shoreline, replacement of the deck on top of the boathouse, and installation of natural rounded granite boulders at the shoreline as shown on plans submitted and marked "approved" on the above property during the period of March 19, 2013 to June 30, 2014 Subject to the following conditions: a) All development subject to provincial, federal and municipal statutes, regulations and by -laws. (including Letter of Advice: OLOA.2013.003 dated March 19,2013 ). b) This permit does not confer upon you any right to occupy, develop or flood lands owned by other persons or agencies. c) The applicant must maintain and comply with the local drainage requirements of the municipality. d) That all areas of exposed soil be stabilized immediately following construction. e) That sediment and erosion controls as shown on the attached plan be installed prior to the commencement of any works onsite. Silt controls are to be inspected after every rainfall event and maintained until all exposed areas have been stabilized in order to prevent silt from leaving the site or entering a watercourse or water body. f) That no grading or placing of fill occur on the lot except what is required for the proposed works as shown on the attached site plan. g) That all swales be constructed entirely within the boundaries of the subject property. h) That vehicles will not be permitted to drive on the bed of Lake Simcoe. 1) That all till placed as part of the proposed works meets the definition of "Inert fill" as defined by the Ontario Ministry of the Environment (MOE) for the prescribed land use. j) That photographs of the completed works be submitted to the LSRCA. k) That all plantings consist of native, non - invasive, non- cultivar vegetation. I) That the LSRCA be contacted upon completion of the works. "NOTE: The approved plans submitted with the application for this permit are hereby incorporated into and constitute part of this permit. Any construction, placement of fill or interference with a watercourse or body of water otherwise than in accordance with such plans, constitutes a breach of this permit which may then be revoked at the option of the Authority. In addition, any person responsible for such activity is liable to prosecution. Landowner Municipal Building Department MNR (Midhurst) Applicant File ch,e/(1 Permit prepared by Ian Walker, Environmental Planner Permit approved by: jr„ Beverley G. LjoofhJMSe, MCIP, RPP Manager, PI g, Regulations and Enforcement 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Newmarket, Ontario 1.3? 4X1 Fax: 905.853.5881 Proud winner of the International Thiess Riverprize Page 1 of 7 Web: www.LSRCA.on.ca E-Mail: Info@ LSRCA, on . ca Member of Conservation Ontario Page 71 of 110 5e) 2013-A-12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Page 72 of 110 5e) 2013-A-12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Page 73 of 110 5e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight... Note: Site protection will consist of a slit fence along the entire length of the property shoreline. Daily protection of excavated areas with New Deck staked down filter clothto protect from precipitation damage. /outline of existing ( boathouse Lop of deck elevation ! 222.4211 ' . — Existing grade NI FM be removed r Limestone Biafra 6' wide x le tread x 8" rise 10 Concrete Landing MIMI= 4•4411' ..,-1 =I JA Granite Boulders at toe of elope, I - 1.511 Ni. mi r . 219.15M MASL average -- - high water mark — — _ _ _ _ _ 218.8M Oct. 11 2012 ..AVE ilt^ COI 'tE iur. .:UNSERtiATI IA 49- HC)RIT • r`TE 15...Z013 f r,.. k es-7 ■ Proposed Shoreline Work Cross - Section A:A Thorn and Rernie Lobeinger /Murphy. 69 Eight Mlle point road Designed: esrr Waring Landscape Architect De W, Revised i-lal'ch 12 2013 n rth scale, 1:5011 Drams: Jerr Waring Our Pile: 13 -IO2 Lobsinger Draelne NW. - 13102 -002 0 - $ __w ,r Page 74 of 110 5e) 2013-A-12 (Bernie Murphy & Tom Lobsinger), 69 Ei ht... Page 75 of 110 J LI i 0 0 i 11 i 1 g .ri- i4 i 1 h e 1 it 21 . 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L9 \' ' t-N ark- ,A rs' y� v f rs aD Page 78 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... CYO 'Wind Hrrlm,,r, Er4,n, F.mre TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -13 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Variance Application (Jason Kho) 973 Lakeshore Road East Concession 10, Plan M -219, Lot 3 Motion # - Roll #: 4346- 010- 010 -03102 _ R.M.S. File #: D13-44225 REQUIRED CONDITIONS: BACKGROUND: The property presently contains an existing one storey dwelling and detached garage with carport. The applicant is proposing to demolish the existing 45.4 square metre (490 square foot) one storey detached garage with 24.6 square metre (265 square foot) carport and replace with a new two storey 97.5 square metre (1050 square foot) two storey detached garage with 41.8 square metre (450 square foot) carport. ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Zone Required Section 5.1.3 (a) — Front Yard Setback 7.5 metres Section 5.1.3 (d) — Interior Side Yard Setback 2.0 metres Section 5.1.4 — Maximum height of accessory 4.5 metres building Section 5.1.5 — Maximum lot coverage 5 % Section 5.1.6 Maximum floor area 70 square metres Proposed 1.2 metres 1.67 metres 5.88 metres (garage) & 5.64 metre(carport) 5.25% 139.4 square metre (garage and carport) FINANCIAL: Not applicable. Development Services Application No. 2013 -A -13 Meeting Date March 21, 2013 Page 1 of 8 Page 79 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan, and Section C5 of the Official Plan contains policies related to the use and development of lands in this designation. In Section C5.1 of the Official Plan the stated objectives of the Shoreline designation are: • To maintain the existing character of the predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Although the residential uses, including accessory buildings, are generally permitted by the Official Plan, Planning Staff is of the opinion that the applicant's proposed accessory building would not maintain the character of the existing residential area, due its large size (floor area and height), and its position and orientation on the subject lands at less than the minimum required setbacks. Based on the above, the requested variances do not conform to the Official Plan. Does the variance meet the general intent of the Zoning By -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -law and the SR Zone pemiits single detached dwellings, as well as accessory buildings. The Zoning By -law's requirement for a minimum front yard setback of 7.5 metres serves to achieve relatively large landscaped front yards which contribute to the low- density residential character of the area, as well as ensure that there is adequate space in which to provide off- street parking spaces on private property in front of dwellings. The provisions within the Zoning By -law that regulate detached accessory buildings are intended to ensure that accessory building buildings remain subordinate to the principal use or main building on the same lot. Based on the applicant's sketches, matters such as off - street parking or landscaped space are generally not expected to be negatively impacted. However, Planning Staff is of the opinion that variances, if approved, would detract from the low- density residential character of the area and that the proposed accessory building would not have the appearance of being subordinate to the existing dwelling on the lands. Planning Staff has come to this conclusion based on the combination of the following factors: • The reduced front setback of 1.2 metres (whereas 7.5 metres is required) is substantially less than the 2.71 metre setback of the existing accessory building; • The increased height of 5.88 metres (whereas a maximum of 4.5 metres is permitted) is higher than the existing accessory building; • The increased floor area of 139.4 square metres (whereas a maximum of 70 square metres is permitted) is substantially larger than the existing 46 square metre accessory building; • The orientation of the proposed accessory building would have the long side of the building facing Lakeshore Road East, thereby substantially increasing the mass of the building when viewed from the road; and Development Services Meeting Date March 21, 2013 Application No. 2013 -A -13 Page 2 of 8 Page 80 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... • The location of the proposed building at the focal point of the intersection of Poplar Crescent and Lakeshore Road East would make the proposed building highly prominent on the lot. In Planning Staff's opinion, the cumulative effect of all of the above -noted factors would make the proposed accessory building the most dominant structure on the subject lands, rather than a subordinate building to the existing dwelling. Planning Staff recognizes that the proposed accessory building is intended to replace an existing smaller accessory building in a similar location on the subject lands. A review of the Township's files has revealed that existing accessory building was the subject of a Minor Variance (Application No. A- 12/99) which was approved to permit an accessory building with a height of 5.2 metres and a front yard setback of 6 metres. Notwithstanding the Committee's 1999 decision, the existing accessory building possesses a front yard setback of 2.71 metres rather than 6 metres. With respect to the application for Minor Variance that is currently before the Committee, any mitigating considerations that might have been given as a result of the presence of the existing building, and the degree to which it has become an accustomed feature of the neighbourhood, are overshadowed by the substantial increase in overall size and mass of the building, particularly when viewed from the road. In this respect, Planning Staff is of the opinion that the proposed building represents a substantial departure from the existing building and the proposed accessory building would not be compatible with the residential character of the area. Based on the above, Planning Staff is of the opinion that the requested variances would not conform to the general intent of the Zoning By -law and are not appropriate for the desirable development of the lot. Is the variance minor? The requested variances, if approved, would result in an accessory building that would be substantially larger and out of proportion with the surrounding area, and that would become the dominant rather than subordinate building on the lot. For these reasons the variances, when considered together, are not minor. CONSULTATIONS: Environmental Services Division— no concerns. Transportation Division - Building Division— no concerns. County of Simcoe — Lake Simcoe Region Conservation Authority - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: North & East Elevations Schedule 4: South and West Elevations Development Services Application No. 2013 -A -13 Meeting Date March 21, 2013 Page 3 of 8 Page 81 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -13 should BE REFUSED, for the reasons that it does not meet the general intent of the Official Plan and the Zoning By -law, it is not appropriate for the desirable development of the lot and it is not minor. Respectfully submitted: Derek Witlib, MCIP, RP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date March 21, 2013 Application No. 2013 -A -13 Page 4 of 8 Page 82 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... SCHEDULE 1: LOCATION MAP 2013 -A -13 (Kho) Development Services Meeting Date March 21, 2013 Application No. 2013 -A -13 Page 5 of 8 Page 83 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... SCHEDULE 2: SITE PLAN (PROPOSED) 2013 -A -13 (Kho) LAKESHORE ROAD r -MI -0' a, a.— k i • T LINE OF D1INGGARAGE (TO BE REMOVED) DRIVE WAY PROPERTY LINE resade 0m■ ALAN D.1ONES ,aanxnsw. wnnc■aUIG .0 mmm.A. BCIId M 90237 ' Development Services Application No. 2013 -A -13 Meeting Date March 21, 2013 Page 6 of 8 Page 84 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... SCHEDULE 3: NORTH & EAST ELEVATIONS (PROPOSED) 2013 -A -13 (Kho) III ilIlll� pirot a°"` .. �IIWIi OR Development Services Application No. 2013 -A -13 Meeting Date March 21, 2013 Page 7 of 8 Page 85 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... SCHEDULE 4: SOUTH & WEST ELEVATIONS (PROPOSED) 2013 -A -13 (Kho) NOM r. 110^ COICIVE i ex Ye CONOM RVI11103-- WEST ELEVATION SOrTH ELEVATION tCALB ALAN JONES . w r2CI W 302"7 BOW /30237 -MAN IONL9 r,DRQ, Proposed Garage n Kho ro L.�. fte.d 0..-m ELEVATIONS A5 Development Services Application No. 2013 -A -13 Meeting Date March 21, 2013 Page 8 of 8 Page 86 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... Page 87 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... -, NC:WA IN 16 ,, -raiYa � ' , 1- 'r rkommemasse m I vv. Page 88 of 110 5f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Con... 2013 -A -13 (Kho) EXISTING ACCESSORY BUILDING AND ADJACENT DWELLING l i, a \h NNNNNN j 5� • I t mg I d I43� .60' +^� *mo �" -_'� " i;. „vii1101.11r1111.11171."'"4".''.111.1.° Page 89 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... 617.6.Wiettonte Pnwd ltrr)rner. Exciting Entine TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -14 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: March 21, 2013 Subject: Variance Application (Peter Hilmer) 183 Lakeshore Road West Concession 7, Plan 967, Lot 69 Motion # — Roll #: 4346- 010- 009 -33700 R.M.S. File #: D13-44226 REQUIRED CONDITIONS: BACKGROUND: The property contains a one storey, 198.8 square metre (2140 square feet) single detached dwelling, a 69.3 square metre (7476 square feet) detached garage and a shed. The applicant is proposing to demolish the existing garage and remove the shed, replacing them with a 2 storey, 137.5 square metre (1480 square feet) addition to the existing dwelling. The addition is proposed to comprise a 2 car garage, workshop, basement and upper storey living space. ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Zone Table B1- Front Yard Setback Required 7.5 metres Proposed 6.15 metres FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan, and Section C5 of the Official Plan contains policies related to the use and development of lands in this designation. In Section C5.1 of the Official Plan the stated objectives of the Shoreline designation are: • To maintain the existing character of the predominantly residential area. Development Services Application No. 2013 -A -14 Meeting Date March 21, 2013 Page 1 of 9 Page 90 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Although the residential use of the property is generally permitted by the Official Plan, the Building Division has expressed concern with respect the ability of the subject lands to support a septic system adequate for the proposed new dwelling. Based on the above, Planning Staff is unable to determine at this time determine if the requested variance conforms to the Official Plan with respect to the adequacy of private on -site sewage treatment. Does the variance meet the general intent of the Zoning By -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -law and the SR Zone permits single detached dwellings. The Zoning By -law's requirement for a minimum front yard setback of 7.5 metres serves to achieve relatively large landscaped front yards which contribute to the low- density residential character of the area, as well as ensure that there is adequate space in which to provide off - street parking spaces on private property in front of dwellings. In the case of the applicant's lands, off - street parking is presently achieved by way of a driveway in which vehicle access into the existing garage is from the side rather than from the front. As such, parking is provided in the driveway located between the existing dwelling and Lakeshore Road West. No parking occurs in the front yard between the existing garage and Lakeshore Road West. The applicant's proposed addition would continue this same parking configuration and would continue to provide adequate off - street parking on the property. The variance to allow the proposed reduction to the front yard setback, if approved, would have no negative impact on the low- density residential character of the area and would not noticeably detract from the landscaped front yard on the subject lands. Planning Staff notes that an existing garage on the adjacent property to the north is already position very close (approximately 1 -2 metres) to the front lot line. In comparison, the applicant's proposed addition is setback of 6.15 metres and therefore would not conspicuously protrude towards the street and would not have a negative impact on the appearance of the streetscape of Lakeshore Road West. Planning Staff is of the opinion that the proposed addition, including its architecture and its effect on the overall massing and appearance of the applicant's dwelling would, in Planning staff's opinion, be consistent with the character of the surrounding area, while having no negative impact on parking. Based on the above, Planning Staff is of the opinion that the requested variances would conform to the general intent of the Zoning By -law. However, additional information from the applicant is needed with respect to the proposed septic system in order to determine if the overall development resulting from the variance would be appropriate for the desirable development of the lot. Therefore, the applicant should satisfy the Committee with respect to the septic system before the Committee makes its decision. Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 2 of 9 Page 91 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Is the variance minor? Subject to the applicant addressing the above -noted septic system issues, the variance would be considered minor. CONSULTATIONS: Environmental Services Division — no concerns. Transportation Division - Building Department — Confirmation is required that the lands can support a septic system adequate to service the proposed development. A lot grading plan will be required. Lake Simcoe Region Conservation Authority — County of Simcoe - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: North & West Elevations Schedule 4: South and East Elevations CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -14, specifically, to permit the construction of a 2 storey addition to a single detached dwelling with a front yard setback of 6.15 metres, BE DEFERRED to provide the applicant the opportunity to address servicing matters (septic system). Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 3 of 9 Page 92 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... SCHEDULE 1: LOCATION MAP 2013 -A -14 (Hilmer) SUBJECT PROPERTY (183 Lakeshore Road West) Development Services Application No. 2013 -A -14 Meeting Date March 21, 2013 Page 4 of 9 Page 93 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West. C... \SCHEDULE 2: SITE PLAN (PROPOSED) 2013 -A -14 (Hilmer) fr 6 9qq 9 Date Punted. 01 /0 I mqR da ''' ". e { LOT 69 ka 1 1 d 7 .1 rtr' 3y o V- --z a J a ▪ — ■ 09.6 9rt— 0, LOT Ma12200'W REGISTERED PLAN 967 70 LOT 69 — u+na�uresmruaR e Nao.oaisw " — _ !T- g e 9� f Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 5 of 9 Page 94 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West. C... SCHEDULE 3: NORTH & WEST ELEVATIONS (PROPOSED) 2013 -A -14 (Hilmer) Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 6 of 9 Page 95 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West. C... SCHEDULE 4: SOUTH & EAST ELEVATIONS (PROPOSED) 2013 -A -14 (Hilmer) g South ss am a ia�: 11' g East ae I 0 a Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 7 of 9 Page 96 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... SCHEDULE 5: MAIN FLOOR PLAN (PROPOSED) 2013 -A -14 (Hilmer) 2 -Car Garage Workshop lS I l ��o��a se-- —ainammlomm Side Entry i u • • UILILL jjr coasrauove En Bedroom #7 Living Room •rvi7 Bedroorn Sri sr'l�.�t� Screened in Porch Y a a Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 8 of 9 Page 97 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West. C... SCHEDULE 6: SECOND FLOOR PLAN (PROPOSED) 2013 -A -14 (Hilmer) Development Services Meeting Date March 21, 2013 Application No. 2013 -A -14 Page 9 of 9 Page 98 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Page 99 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Page 100 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Page 101 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Page 102 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... Lake Simcoe Region conservation authority Tuesday, March 19, 2013 Andria Leigh, MCIP, RPP Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte Oro, Ontario LOL 2X0 Dear Ms. Leigh, Re: Application for Minor Variance File 2013 -A -14 (Hilmer) 183 Lake Shore Road West Township of Oro - Medonte, County of Simcoe A 11/al( othe l for idle *By email only* Thank you for circulating this application for minor variance to the Lake Simcoe Region Conservation Authority ( LSRCA) for our review. Based on our review and given that the property is along Lake Simcoe, we recommend that any approval of this application be subject to the following condition: ✓ That the owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the issuance of a municipal building permit. Please a1vise us of your decision. Charle F. B.rge s, MCIP, RPP Senior ° ae ing Coordinator /cfb Email copy: LSRCA, Taylor Stevenson 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853.5881 E -Mail: Info @LSRCA.on.ca Proud lilnric..r of t lc InternatierEd Thies Ri ,. rpr, " -e (Member cif Conservation Ontario Page 103 of 110 5g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, C... EEISSES BROTHERS EXCAVATING P.O. Box 7005 Innisfil, ON 1.,951A9 Phone: 705 - 722 -6489 Fax: 705-721-8982 March 18, 2013 Mr. Peter Hilmer 183 Lakeshore Road West Oro- Medonte, ON Re: Septic System Sizing Review. As requested, we reviewed the current septic system information at 183 Lakeshore Road West to address concerns of proper septic sizing for an addition. Upon review we determined that the existing 6,800 Litre Septic Tank and 40m2 Fltlerbed with a 163m2 Contact area and 463m2 Loading area that was Installed In 2009 would be able to be modified to allow the following: an additional 3pc bathroom and 1,480sgft (137m9. The modification will be sufficient to serve the dwelling with a daily design flow of 0 = 3,400 litres per day. This would be calculated as follows: 4 bedrooms = 2,000 L /day Existing (198.8m2) Addition (137.5m1} = 336.3m2 = add 1,400 LI day Or 41.5 Fixture Units = add 1,075 L/day The modification would consist of using current 6,800L Septic tank and leaving the existing fl(terbed, contact area and loading area as is and adding a Waterloo Basket Blofllter System Model 35 with a 4500L Pumptank, To achieve the proper capacity for a Q= 3,400LIDay Sincerely, gat) Mike Elsses SCIN #14161 Eisses Brothers Excavating SCIN # 16582 Page 104 of 110 6a) Correspondence dated February 21, 2013 from the Onta... ISSUE DATE: February 21, 2013 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario PL121091 IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Applicant: Subject: Variance from By -law No.: Property Address /Description: Municipality: Municipal File No.: OMB Case No.: OMB File No.: APPEARANCES: Parties Dennis and Elizabeth French Robert and Patricia Dasovic Dennis & Elizabeth French Robert & Patricia Dasovic Minor Variance 97 -95 911 Bass Lake Side Road West Township of Oro - Medonte 2012 -A -25 PL121091 PL121091 Counsel Lewis Vittas rFP 5 7013 DECISION DELIVERED BY J. P. ATCHESON AND ORDER OF THE BOARD [1] This is a hearing in the matter of an appeal by Dennis and Elizabeth French Appellants from a decision of the Committee of Adjustment ( "C of A ") for the Township of Oro - Medonte that authorized a minor variance (file 2012 -A -25) for a property known municipally as 911 Bass Lake Sideroad being the East Half of Lot 6 Concession 5 (former Township of Oro) now in the Township of Oro - Medonte. [2] Robert and Patricia Dasovic (Applicants), are the owners of the subject lands located at 911 Base Lake Sideroad. They applied to the Oro - Medonte C of A seeking relief from Zoning By -law 97 -95, as amended with respect to the size of an accessory apartment they wish to build on to the main building on their property. The lands are Page 105 of 110 6a) Correspondence dated February 21, 2013 from the Onta... -2- PL121091 approximately 10.18 ha (24.44 acres) in size upon which currently exists a two - storey single detached dwelling with a floor area of 238 m2. [3] The applicant is proposing to construct an addition to the existing dwelling, which would also contain an apartment accessory to the main dwelling with a floor area of 109 m2. WHEREAS Section 5.4 b) of the ZBL states that the maximum floor area for an apartment dwelling unit accessory to a single detached dwelling is 70 m2. [4] The C of A approved the variance application to permit the construction of the accessory apartment with a size of 109 m2 subject to following conditions: 1. That notwithstanding s. 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, having a floor area not exceeding approximately 109 m2 ; 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 CofA; 4. That the appropriate zoning certificate and building and sewage system permits be obtained from the Township only after the C of A's decision becomes final and binding as provided by the Planning Act R.S.O. 1990. Page 106 of 110 6a) Correspondence dated February 21, 2013 from the Onta... - 3 - PL121091 BACKGROUND AND EVIDENCE [5] The Board at the commencement of the hearing noted that the Appellant was not represented by Counsel and did not intend to call any professional planning evidence. Counsel for the Applicant indicated that they did not intend to call any professional planning evidence but relied upon the Committee's decision and the evidence his client would adduce. The Board explained to the parties that this was a new hearing and that in considering an appeal for a minor variance that the Board was required to judge the appeal based upon the four tests set out in s. 45(1) of the Planning Act (Act) and that the onus to prove that the four tests were not met was the obligation of the Appellant and further there was an onus on the applicant to satisfy the Board that the tests prescribed by the Act were met. [6] The Board for the purpose of the convenience of the reader of this decision will reproduce the four tests as set out in s. 45(1) of the Act which states: Powers of Committee (1) 45.(1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by -law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by -law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by -law and of the official plan, if any, are maintained. R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Sched. 21, s. 10 (11). [7] The parties agree that the subject lands are designated "Oro Moraine - Natural Core /Corridor Area" as set out in s. B1.10.1 of the Oro Medonte Official Plan (0. P.) and that the existing use and proposed uses are permitted by s. B110.1.3. of the O. P. [8] They also agree that the property is Zoned Agricultural /Rural (A/Ru) Zone by By- law 97 -95 and that the a single family dwelling with an attached accessory apartment is a permitted use under the by -law except for the size of the proposed accessory apartment which the by -law. would limit to 70 m2. The Applicant in this case is seeking a maximum floor area for the attached accessory apartment of 109 m2 as shown in drawings found at Exhibit 6. Page 107 of 110 6a) Correspondence dated February 21, 2013 from the Onta... - 4 - PL121091 [9] Mrs. French testified that she and her husband believe that the addition being proposed is too large and would constitute a second dwelling on the property. She believes the current requirements of the zoning by -law should be maintained. [10] She also raised some concerns about the creation of the Dasovic lot. The evidence is clear, Exhibit 5, that this is an existing lot and that the Dasovic's acquired the property in July of 2012. [11] They have undertaken some renovations and enlargements to the existing single family dwelling and wish to add an attached accessory apartment to the existing home so that their parents can reside with them on the property as shown on the plans that accompanied their application to the C of A, Exhibit 6. [12] Mrs. French alleges that some of this work has been undertaken without the benefit of building permits. [13] Mrs. French, by her own admissions, indicated that she had contacted the Township about the matter of the renovation to the existing dwelling and was advised that the appropriate permits had been issued. If there has been any breach of the Township's building by -laws the Municipality has the authority and resources to stop any illegal works. There is no evidence that this has occurred. [14] Mr. Dasovic by way of an Air photo, Exhibit 7, noted that his home and the proposed addition would be some 283 metres from the French home and that the intervening lands between his home and that of the French's is dense bush. It was his evidence that there would be no oversight issues resulting from the proposed addition. [15] Mrs. French does not dispute this claim. FINDINGS AND CONCLUSIONS [16] The Board, after carefully reviewing the evidence and the submissions made by the parties finds that the variance being requested by the Applicant during the course of this hearing to represent good planning consistent with the four tests prescribed by the Act. The use being proposed of an attached accessory apartment is a permitted use in both the land use designations of the Official Plan and is recognized as a permitted use in the Zoning By -law governing the property. The Board is satisfied that this variance Page 108 of 110 6a) Correspondence dated February 21, 2013 from the Onta... - 5 - PL121091 being requested would meet the intent and purpose of both the Official Plan and Zoning By -law. [17] The Board has reviewed the documents filed and the building plans of the Applicant that were approved by the C of A and concludes that the setback and the bush nature of the property will ensure that there are no adverse impacts resulting from the relief being sought on the French property or for that matter on any other properties in the area and that the variance being requested is minor in nature. [18] The Board has reviewed the conditions imposed by the C of A and finds them to be appropriate to ensure the appropriate and proper development of this property. [19] The Board has reviewed the municipal planners report of August 16, 2012 found in the Board's file and is satisfied from its review of this document that the four tests prescribed by the Act would be met in this case and that the requested variance should be authorized subject to the conditions imposed by the C of A in its decision. DISPOSITION AND ORDERS [20] The Board orders that the appeal is dismissed and the variance from By -law 97- 95 of the Township of Oro - Medonte to permit an attached accessory apartment dwelling with a floor are of 109 m2 as shown on plans files with the application being Exhibit 6 in the Boards's file for a property known municipally as 911 Base Lake Sideroad is authorized subject to the following conditions: 1. That notwithstanding s. 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, having a floor area not exceeding approximately 109 m2 . Page 109 of 110 6a) Correspondence dated February 21, 2013 from the Onta... - 6 - PL121091 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 C of A. 4. That the appropriate zoning certificate and building and sewage system permits be obtained from the Township only after the C of A's decision becomes final and binding as provided by the Planning Act R.S.O. 1990. "J. P. Atcheson" J. P. ATCHESON MEMBER Page 110 of 110