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04 18 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, April 18, 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, March 21, 2013. 5. PUBLIC MEETINGS: a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 4398 Line 4 North, Concession 4, Lot 8 (Former Township of Medonte), Application for a technical severance to re- create two agricultural parcels to correct a situation where two lots have merged on title. b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West, Concession 2, Lot 55, Application for relief from setbacks from limits of Environmental Protection (EP) Zone for an addition. c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald), 1672 Old Barrie Road West, Concession 3, Part Lot 10 (Former Township of Oro), Application to permit the creation of a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 South, Concession 12, North Part Lot 23 (Former Township of Oro), Application for relief from Setbacks from Limits of Environmental Protection (EP) Zone. Page 1 of 138 Page 69 -80 81 -93 94 -112 5. PUBLIC MEETINGS: e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 North, Concession 12, Part Lot 11 (Former Township of Medonte), Application for relief from Setbacks from Limits of Environmental Protection (EP) Zone. f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West, Lot 26, 51R-3096, Part 5, Concession 5 (Former Township of Oro), Application for relief from Maximum Height and Maximum Floor Area. 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach Road, Concession 10, Plan 863, Lot 4, Application for relief from Minimum Required Interior Side Yard. 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie Terrace, Concession 1, Plan 663, Lots G & H, Application for relief from Minimum Required Interior Side Yard. 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, Concession 1, Application for relief from Maximum Height. g) 113 -128 h) 129 -138 i) 6. NEW BUSINESS: None. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, May 16, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 138 4a) Minutes of the Committee of Adjustment meeting held ... 7'aumslrip of Proud Heritage, Exciting Fruiire Thursday, March 21, 2013 Present: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Scott Macpherson, Chair Larry Tupling Roy Hastings Allan Johnson Regrets: Bruce Chappell TIME: 10:08 a.m. Staff present: Andria Leigh, Secretary Treasurer /Director of Development Services; Derek Witlib, Manager, Planning Services; Marie Brissette, Committee Coordinator 1. OPENING OF MEETING: Scott Macpherson assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA130321 -1 Moved by Tupling, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, March 21, 2013 be received and adopted. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, February 21, 2013. Motion No. CA130321 -2 Moved by Hastings, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, February 21, 2013 be adopted as printed and circulated. Carried. Carried. Page 1 of 9 Page 3 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 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. Mike McGill, applicant, and Cameron Sellers, Planner, were present. Motion No. CA130321 -3 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -02, for the creation of one (1) new lot for residential purposes, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant apply for, and obtain, an amendment to the zoning of: a. the retained lands, prohibiting their residential use; and b. the severed lands, recognizing: i. a deficient lot size of approximately 1.0 hectare, for agricultural uses; ii. a deficient interior side yard of approximately 12.5 metres to an agricultural building; iii. an accessory building with a floor exceeding 100 square metres (if required); 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the deeds be stamped utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. 5. That the conditions stated in the letter from staff for the County of Simcoe, dated March 18, 2013, be completed; 6. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 7. That all municipal taxes be paid to the Township of Oro - Medonte; and 8. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2 of 9 Page 4 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. b) 2013 -B -03 (J & K Farms Limited), 1400 Line 11 North, Concession 11, East Part Lot 12, Application for the creation of a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. Shirley Partridge, agent, was present. Bob Tudhope, neighbour, noted his support to the application. Motion No. CA130321 -4 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -03, for the creation of one (1) new lot for residential purposes, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant apply for, and obtain, an amendment to the zoning of the retained lands, prohibiting their residential use; 3. That the applicant verify or install a septic system adequate to service the severed lands. 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the deeds be stamped utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. 6. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 7. That all municipal taxes be paid to the Township of Oro - Medonte; and 8. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 9 Page 5 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. c) 2013 -B -04 (Donald & Lynn Campbell), 1164 Line 2 South, Concession 2, Plan 104, Pt Lot 1, Application for a boundary adjustment /lot addition to the adjacent parcel of land (Part 2) in order to "square off' the property. Donald and Lynn Campbell, applicants, were present. Motion No. CA130321 -5 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -04, for a boundary adjustment/lot addition, subject to the following conditions: 1. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands, with an area of approximately 0.007 hectares, be merged in title with the abutting lands to the east known as 1160 Line 2 South, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; and 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 6. That the deeds be stamped utilizing Form 4, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. 7. And That all municipal taxes be paid to the Township of Oro - Medonte. Carried. Page 4 of 9 Page 6 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. d) 2013 -A -11 (Paul & Cyndi Smith), 3172 Line 8 North, Concession 8, Lot 1, Application for relief from maximum floor area and maximum building height for an accessory building. Paul Smith, applicant, was present. Motion No. CA130321 -6 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -11, specifically, to permit a maximum height of an accessory building of 5.4 metres and a maximum floor are of an accessory building of 125.4 square metres, subject to the following conditions: 1. That, notwithstanding Section 5.1.4 and 5.1.6 of Zoning By -law 97 -95, the proposed detached accessory building, shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing by way of survey or real property report, that the detached accessory building will not exceed a floor area of 125.4 square metres and a height of 5.4 metres above the established grade. 3. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 9 Page 7 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. e) 2013 -A -12 (Bernie Murphy & Tom Lobsinger), 69 Eight Mile Point Road, Concession 14, Plan 780, Lot 34, Application for relief from setback from average high water mark of Lake Simcoe. Bernadine Murphy and Tom Lobsinger, applicants, and Peter Archer and Jeff Waring, architects, were present. Steve Sutton, neighbour, noted his supported for the application Motion No. CA130321 -7 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -12, specifically, to permit a setback from the average high water mark of Lake Simcoe of 15 metres, subject to the following conditions: 1. That, notwithstanding Section 5.30 of Zoning By -law 97 -95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing by way of survey or real property report, that the dwelling possess a setback from the average high water mark of Lake Simcoe of no less than 15 metres. 3. That the buildings and structures on the property be in substantial conformity with the dimensions as set out on the application and sketches submitted to the Committee; and 4. And That the appropriate zoning certificate and building permit and septic system permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 9 Page 8 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. f) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Concession 10, Plan 902, Lot 3, Application for relief from front yard setback, interior side yard setback, maximum height of accessory building, maximum lot coverage and maximum floor area. Jason Kho, applicant, and James Cameron, builder, were present. Michael Pape, neighbour, noted his support for the application due to the applicant requiring storage facilities. Motion No. CA130321 -8 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment defers Variance Application 2013 - A-13, at the request of the applicant. Carried. Page 7 of 9 Page 9 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. g) 2013 -A -14 (Peter Hilmer), 183 Lakeshore Road West, Concession 7, Plan 967, Lot 69, Application for relief from front yard setback. Peter Hilmer and Carolyn Flindall, applicants, were present. Ann and Harold Spring, neighbours, noted their support for the application provided the hedge between the properties was to remain protected. Motion No. CA130321 -9 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2013 -A -14, specifically, to permit a front yard setback of 6.15 metres, subject to the following conditions: 1. That, notwithstanding Table B1 (Front Yard Setback, Shoreline Residential (SR) Zone) of Zoning By -law 97 -95, the proposed two storey addition, shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing by way of survey or real property report, that the addition will possess a front yard setback of no less than 6.15 metres. 3. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. And That the appropriate zoning certificate and building permit and septic system permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 8 of 9 Page 10 of 138 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — March 21, 2013. 6. NEW BUSINESS: a) Correspondence dated February 21, 2013 from the Ontario Municipal Board, re: 2012 -A- 25 (Robert & Patricia Dasovic), 911 Bass Lake Side Road West. Motion No. CA130321 -10 Moved by Tupling, Seconded by Johnson It is recommended that the correspondence dated February 21, 2013 from the Ontario Municipal Board, re: 2012 -A -25 (Robert & Patricia Dasovic), 911 Bass Lake Side Road West be received. Carried. Member Johnson expressed his opinion that the Respect in the Workplace (Harassment and Violence) Policy Training Attendance Record provided to the Committee Members for signing on January 24, 2013 was rushed and that the matter should be reexamined. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DA' Thursday, April 18, 2013 at 10:00 a.m. 9. ADJOURNMENT- a) Motion to Adjourn. Motion No. CA130321 -11 Moved by Tupling, Seconded by Hastings It is recommended that we do now adjourn at 12:18 p.m. Carried. Scott Macpherson, Chair Andria Leigh, Secretary Treasurer Page 9 of 9 Page 11 of 138 5a) 10:00 a.m. Tuumrhipgr (9re,ledorrte Prowl Ifrritugr, Exciting Puium 2013 -B -05 (William & Sharon Pottage), 439... TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -05 To: Committee of Adjustment Prepared By: Andria Leigh, Director Development Services Meeting Date: April 18, 2013 Subject: Consent Application William & Sharon Pottage Concession 4, Lot 8 4398 Line 4 North (Former Township of Medonte) Motion # Roll #: 4346 -020- 002 -03410 _ R.M.S. File #: D10 -44302 IREQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the minimum total lot area for the severed lot be 42.0 hectares; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 5. That all municipal taxes be paid to the Township of Oro - Medonte; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. IBACKGROUND: The purpose of Consent application 2013 -B -05 is for a technical severance to re- create two agricultural parcels to correct a situation where two lots have merged on title. The lands proposed to be severed would have a lot frontage on Line 3 North of approximately 625 metres (2050 feet), a lot depth of approximately 694 metres (2277 feet), and an approximate lot area of 42.5 hectares (105 acres). The lands to be retained would have a lot frontage on Line 4 North of approximately 620 metres (2034 feet) with a lot depth of approximately 675 metres (2214 feet), and a Dot area of approximately 42.5 hectares (105 acres). IANALYSIS: The lands proposed to be severed and retained are both currently vacant agricultural parcels of land. The two agricultural parcels inadvertently merged on title when the applicant's acquired the 1944 (West Half) and 1948 (East Half), the properties merged on title upon transfer to the current landowners in 1994 as a result of the will of their parent's estate. The applicant has submitted a deed which identifies the initial land acquisition and the subsequent transfer in 1994 which caused the parcel merger. Development Services Application No. 2013 -B -05 Meeting Date: April 18, 2013 Page 1 of 6 Page 12 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... The purpose of Consent application 2013 -B -05 is therefore for a technical severance to re- create lots which previously existed as separate conveyable parcels of land. The Township's Official Plan contains policies (Section D2.2.3) which permit Planning Staff and the Committee to consider technical severances. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township Official Plan The subject lands are designated Agricultural in the Township's Official Plan. Section 1.3.1 of the Agricultural designation states that it is the intent of the Plan that land which is suitable for agricultural use be protected from development and land uses unrelated to agriculture, The policies support the development of agricultural uses, the proposed consent is for the purposes of re- creating two agricultural parcels which achieve the minimum lot area requirements for agricultural purposes and maintain the lot area consistent within this area, while permitting the recreation of the two parcels. Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider applications to correct a situation where two or more lots have merged on title, provided that the Committee of Adjustment is satisfied that the criteria detailed in subsection (a) through (h) have been met. In reviewing these criteria, the title search showed that the proposed lot was once a separate the parcels that merged unintentionally as a result of common ownership and are of the same shape and size when they merged. Both the severed and retained lands have frontage onto a public road that is maintained year round by a public authority, and that both sites can be serviced by on -site sewage and water systems. It is the opinion of the Planning Department that the requirements Section D2.2.3 of the Official Plan have been satisfied. On this basis, the application is considered to be appropriate and generally conforms to the Official Plan. County Official Plan In reviewing the application in the context of the County Plan, the Agricultural policies given the property is designated Agricultural in the Township's Official Plan. Section 3.6.6 of the County of Simcoe Official Plan states that agricultural areas will be protected for agricultural and compatible uses and should generally not be less than 35 hectares or the original survey lot size. The consent application proposes that the severed and retained lands would both have 42 hectares of lot area and would therefore conform with this policy for large agricultural lands. Section 3.3.4 further states that all lots created shall conform to all applicable municipal policies and by -laws, as stated in this report the lot creation which proposes to re- create two large agricultural Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -05 Page 2 of 6 Page 13 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... parcels generally conforms with all applicable policies and by -laws and is therefore deemed to generally conform with the County Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient and use and development patterns. In prime agricultural areas, the PPS discourages lot creation and states that new lots may only be permitted under strict criterion. Policy 2.3.4.1 states that lot creation for agricultural uses is permitted provided that the lots are of a size appropriate for the type of agricultural use common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations. As the properties are both over 42 hectares in size and the typical farm parcel in Oro - Medonte is 36 hectares the lot creation would be considered to generally be consistent with the Provincial Policy Statement, 2005. 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(ij", 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 contain policies directly related to the creation of a new lot for technical purposes. Policy 2.2.9.3 also states that new lots will be directed to settlement areas and may be allowed in rural areas in site- specific locations with approved zoning or designation that permits this type of development in a municipal official plan as of the effective date of this Plan. As stated in this report, the Township Official Plan and Zoning By -law contemplate this type of development and would therefore satisfy this policy. As previously stated, the purpose of the subject Consent Application is to re- create two agricultural properties which merged on title inadvertently. In this regard, it is noted that, agricultural parcels are not a form of development that should be directed to a settlement area and therefore the application would general be considered to conform to the Places to Grow policies of the Province. Zoning By -law 97 -95 The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. Development Services Meeting Date; April 18, 2013 Application No. 2013 -B -05 Page 3 of 6 Page 14 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... CONSULTATIONS: Public Works Department - Building Department — Engineering Department - Nottawasaga Valley Conservation Authority — no objection County of Simcoe — IATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Severance Sketch CONCLUSION: In the opinion of the Planning Department, Consent application 2013 -B -05 complies with the provisions of the Township's Zoning By -law, 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: Andrea Leigh, MCI , RPP Director, Development Services Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -05 Page 4 of 6 Page 15 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... SCHEDULE 1: LOCATION MAP 2013 -B -05 (Pottage) z w z J w *. *`}n"� *CsC *�'FQi fG)i *w*"s.i$ 4i:$r'.�Ci}iaii4"�"'N►'`.Srt '* * " * *" * ***S s ******* +1Z* : * nni*.*** * ** **C Fw****n **** *** M** u* .0 ** ****** *:**4* 1 ** F. * . * *.y 0 r.* *a* * + ** ` **;*. *i** ***** ***fy:. ** *�* 0° 00..01 **.'..O.O.. *:x r4 WOC *0}i i *ice * *�ff**'i!si* iii ****yit* *��ii.**+ *" *1* f*** 44111.** *f*** °1111.133 ** ry�.1'1 ******* ****..*ra ".** f. * . f* ^1114, * *R 14111%� 01*ili�1*01 311 } 1 • of .0111.01.0.°10.°00.1000•00011001000,00 iia 1 **** *Y **f * ** .......1. *rff ......1}... a+ A *f*i il.0 a ii *0 .s ** i. ..*.. . y's_.**fj'yillii�ti*i * *4 i *Yr *ritr. *. *t*i* *i.�* iii* i' sMi *f *�"i*: * *�isw1 *� *�N. *1 *i. *�� na oy� **�*y*,p.. *yr.•�ryr * *�rr�� rr'!i� ".ai****r1.i 1!.. .i.. ....Mf *.l *.................* *. .....0.00.......... ...... 0°110.111.0101°1% '�n�ry. 1+:i"....*.i*.*.�* j.*ii+ iii'.* *'... 11 i; N g :71 il!�*.'ry+i'• "•y y1 * *�' `r*.*'''.' I%.......*f Ni* *i * fi *1 *i*1* *1 �**if**r ►y wilfi* *.*fii * ..�*.Y.w+i..* 1101..sr.AYt:rAtt ! :iti..d Alfas 0111 *•10% 11%14*.001440%htl %1 400 N �L+*G9 *a HIGH Y't00s —IN GRAM :ROAD OPERTY (4398 Line 4 Development Services Application No. 2013 -B -05 Meeting Date: April 18, 2013 Page 5 of 6 Page 16 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... SCHEDULE 2: SEVERANCE SKETCH 2013 -B -05 (Pottage) Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -05 Page 6 of 6 Page 17 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 18 of 138 5a) 10:00 a.m. 2013-B-05 (William & Sharon Pottage), 439... Page 19 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 20 of 138 5a) 10:00 a.m. 2013-B-05 (William & Sharon Pottage), 439... Page 21 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 22 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 23 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 24 of 138 5a) 10:00 a.m. 2013 -B -05 (William & Sharon Pottage), 439... Page 25 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... eiVail -.d�f later. Lxmr,,g P.,.,e TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -01 To: Committee of Adjustment Prepared By: Andria Leigh, Director Development Services Meeting Date: April 18, 2013 Subject: Variance Application (Kim Gavine) 1473 Mount St Louis Road West Concession 2, Part Lot 55 (Former Township of Medonte) Motion # Roll #: 4346 - 020 - 001 -20200 R.M.S. File #: D13 43946 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That notwithstanding the provisions of Section 5.28 of Zoning By -law 97 -95, as amended, the setbacks for the proposed dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the proposed single detached dwelling has a main floor area of approximately 139.4 square metres (1500 square feet) detached accessory building. That the setbacks for the proposed 1 'h storey single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee located within the Environmental Protection (EP) Zone; 3. That the applicant obtain any permits and /or approvals required, from the Nottawasaga Valley Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. IBACKGROUND: The subject property has portions of and zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone, and presently contains a single detached dwelling (cottage) which is located in the Environmental Protection (EP) Zone portion of the property. The applicant is proposing to replace the existing cottage in its current location with the construction of a 1 �/2 storey cottage on the existing sub - floor, adding an approximately 44.6 square metre (480 square feet) sunroom, for a total main floor area of approximately 139.4 square metres (1500 square foot). Development Services Application No. 2013 -A -01 Meeting Date April 18, 2013 Page 1 of 8 Page 26 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... ANALYSIS: Therefore, the applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Environmental Protection (EP) Zone Section 5.28 — Setbacks from Limits of Environmental Protection (EP) Zone Required No building within 30 metres of boundary of EP Zone Proposed Building within EP Zone IFINANCIAL: Not applicable. POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? The subject property is designated Oro Moraine Core - Corridor Area in the Township's Official Plan and as identified on Schedule B of the Official Plan - Natural features the lands are designated based on the location of a Provincially Significant Wetland. The Township has obtained more recent wetland mapping from the Ministry of Natural Resources, and as shown in Schedule 4 of this report, the existing dwelling and pond are located outside of the wetland features on the property. Permitted uses in the Oro Moraine Core - Corridor Area are limited to: single detached dwellings and accessory uses on existing lots, as proposed through this variance application and would therefore conform with these policies. Section D1.10.1.4 contains the Development Policies for the Core - Corridor Area, and specifically Sections B1.10.1.4 (e) and (f) state as follows: "B1.10.1.4 Development Policies In addition to the other relevant policies in Part B of this Plan, the following policies apply to lands within the Oro Moraine — Natural Core /Corridor Area designation: e) The development of buildings or structures is not permitted on lands within a Provincially Significant wetland or Provincially Significant Area of Natural and Scientific Interest shown on Schedule B. f) The development of any use that requires a Planning Act approval may be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MP) before such an application is approved. Development on adjacent lands that requires a Planning Act approval may also be subject to an EIS and MP if the environmental feature is deemed to be sensitive to development on adjacent lands. Adjacent lands are defined as all lands within: i) 50 metres of a significant woodland; ii) 120 metres from a wetland; iii) 50 metres of any ANSI; iv) 50 metres of any significant wildlife area; v) 50 metres of significant portions of the habitat of endangered and threatened species; and, Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 2 of 8 Page 27 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... vi) 30 metres of any fish habitat area." On the basis that the proposed development is not located within a Provincially Significant Wetland as confirmed by Schedule 4, and that the NVCA has not required the completion of an EIS and MP, the application is deemed to generally conforms with the intent of the Oro Moraine Core - Corridor policies. Do the variances meet the general intent of the Zoning By -law, and are the variances appropriate for the desirable development of the lot? The subject property has portions of and in the Agricultural /Rural (A/RU) Zone and the Environmental Protection (EP) Zone. The existing dwelling (proposed to be replaced and expanded by way of the variance proposal) and shed are located within the Environmental Protection (EP) Zone portion of the property 1. Section 5.28 — Setbacks from Limits of Environmental Protection Zone Section 5.28 of the Township's Zoning By -law states that "no building or structure ... shall be located within 30 metres of the boundaries of the [EP] Zone ", which is intended to prevent the construction of buildings or structures on lands that are subject to flooding, located near steep slopes, and on lands that are marshy or unstable. In the case of the subject property, the Environmental Protection (EP) Zone traversing it contains a tributary of the Sturgeon Creek. The applicant's submission illustrates that all existing buildings on the property are located within the Environmental Protection (EP) Zone portion of the lot, and that the single detached dwelling which is proposed to be replaced and expanded would also be located within the Environmental Protection (EP) Zone. As shown on Schedule 4 of this report the structures are located outside of the wetland feature within the property. With respect to the anticipated impact of the proposed development on the wetland /watercourse, it is noted that the application has been circulated to staff at the Nottawasaga Valley Conservation Authority (NVCA), who have indicated in their March 8, 2013 letter that they have no objection to the approval of the variance based on the site specific geodetic survey prepared by Dino Astri Surveying Limited that demonstrated the proposed addition to the dwelling is located outside of the regulatory floodplain for the Sturgeon Creek tributary. It is also noted the NVCA is concurrently reviewed a permit application for the proposed addition. Since the proposed development is not anticipated to adversely affect the environmental feature traversing the property, as per comments from the NVCA, the proposed variance is therefore considered to meet the general intent of the Zoning By -law, and is considered appropriate for the desirable development of the lot. Are the variances minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -law, and are considered appropriate for the desirable development of the lot, the proposed variances are considered to be minor. Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 3 of 8 Page 28 of 138 i i 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... ICONSULTATIONS: Transportation and Environmental Services —No Concerns Building Department — Proposal appears to meet minimum standards, applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code Engineering Department — Nottawasaga Valley Conservation Authority — No Objection, proposed addition to the existing dwelling is located outside of the Regulatory floodplain for Sturgeon Creek tributary IATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Drawing Schedule 3: Exterior Elevation Schedule 4: Wetland Mapping ICONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -01, specifically, to permit the replacement and expansion of a dwelling with a 1 'h storey single detached dwelling with a 139.4 square metre (1500 square foot) main floor area located within the Environmental Protection (EP) zone on the property, appears to satisfy the four tests of the Planning Act. Respectfully submitted: Andria Leigh, MCIP, RPP Director, Development Services Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 4 of 8 Page 29 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... SCHEDULE 1: LOCATION MAP 2013 -A -01 (Gavine) SUBJECT PROPERTY (1473 Mount St Louis Road Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 5 of 8 Page 30 of 138 5b) 2013-A-01 (Kim Gavine), 1473 Mount St Louis Road West... SCHEDULE 2: SITE PLAN DRAWING 2013-A-01 (Gavine) 1, •:' . . . V V . '2 14\ 4.i '' i: • , it; ist,, A .,- p' ; e A....... c. 1_,..4 . 4.4.. : - - ',.'' i Al i 9.11 . —,_,.. 0-041.=5Ts.,;47 Development Services Meeting Date April 18, 2013 Application No. 2013-A-01 Page 6 of 8 Page 31 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... SCHEDULE 3: EXTERIOR ELEVATION (EXISTING) 2013 -A -01 (Gavine) Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 7 of 8 Page 32 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... SCHEDULE 4: WETLANDS MAPPING 2013 -A -01 (Gavine) Development Services Meeting Date April 18, 2013 Application No. 2013 -A -01 Page 8 of 8 Page 33 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... Page 34 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... Page 35 of 138 5b) 2013 -A -01 (Kim Gavine), 1473 Mount St Louis Road West... ,.��. -,rye _� Re: Notice of Hearing 2013 -A -01, Scheduled forThurs. Apr. 18/ 2013 Committee of Adjustment (Minor Variance Application) By : Kim Gavine 1473 Mount St Louis Road West We note with concern the following: The current 'cottage', "tile bed" and its reserve area, and the sauna building (which may also already have washing facilities) all appear to be within the minimum set -backs of E/P zoned lands and in close proximity of watercourses (adjacent to pond, ditches flowing from it etc.). Hence all seem to be already in NON - CONFORMING use of the property. The current building termed 'a cottage' infers seasonal /part time occupancy. The proposed new building, 'from the floor up', enlarged and built to the required standards, will result in a proper year round useable house with 1500 sf of living area and 2 bath rooms (W /C s) increasing substantially the sewage loading on the surrounding grounds. A conventional 'septic tank and filtration bed' as a means of sewage disposal for a residence of this size, as well as for the structures already existing on the property pose a potential threat in contaminating the ground water system and the surrounding wetlands. More sophisticated means are available if this application were to be passed. Measures need to be enacted to protect the continued safe water quality in the surface, ground water and aquifers supplying the drinking water wells in the neighbourhood as well as the subject property itself. Submitted by Garry Kumpula, Adjacent concerned property owner Page 36 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... 61;:49(0 �rtc� Prsad Hrrfrgpr, Ezeiring Fraon! TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -06 To: Committee of Adjustment Prepared By: Andria Leigh, Director Development Services Motion # Meeting Date: April 18, 2013 Subject: Consent Application Terrence Clark & Kimberly Ann MacDonald Concession 3, Part Lot 10 1672 Old Barrie Road West (Former Township of Medonte) _ Roll #: 4346- 010 - 002 -04600 _ R.M.S. File #: D10 -44303 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary - Treasurer; 2. That the minimum total lot area for the severed lot be 2.0 hectares; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 5. That the applicant apply for, and obtain, an amendment to the zoning of the retained lands, prohibiting their use for a residential purpose; 6. That all municipal taxes be paid to the Township of Oro - Medonte; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The purpose of Consent application 2013 -B -06 is to permit the creation of a new lot by way of severance, for a residence surplus to a farming operation as a result of farm consolidation. The subject lands have approximately 771.7 metres of frontage along Old Barrie Road, variable depth of up to 619.5 metres, and occupy an area of approximately 47 hectares (116 acres). The lands proposed to be severed presently contain a dwelling, two agricultural buildings and a detached accessory building, would have frontage of 123.7 metres (405 feet), and occupy an area of approximately 2.0 hectares (4.94 acres), and the lands proposed to be retained would have frontage of 648 metres (2,126 feet) along Old Barrie Road, and would occupy an area of 45 hectares (111.2 acres). This same application was approved by the Committee of Adjustment through 2012 -B -03 in March 2012 but lapsed. Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 1 of 14 Page 37 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... ANALYSIS: The lands proposed to be severed presently contain a dwelling, two agricultural buildings and a detached accessory building, would have frontage of 123.7 metres (405 feet), and occupy an area of approximately 2.0 hectares (4.94 acres), and the lands proposed to be retained would have frontage of 648 metres (2,126 feet) along Old Barrie Road, and would occupy an area of 45 hectares (111.2 acres). As provided by the applicant (see Schedules 2 and 3), the property on which they currently reside was purchased in March 2000, and they purchased the subject property in November 2011 in order to "[increase] working land available to them in close proximity [ "to their homestead' to provide] more opportunity for intensification in their farm production and for farm consolidation." As further stated, "[the] additional farm buildings and dwelling were not a necessity, nor, nor were they a part of the consideration for the purchase of these lands ... [and] ... It is the desire of [the applicants] to sever off such buildings and dwelling to ... consolidate their farm holdings." FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township Official Plan The subject property is located in the Agricultural designation in the Township's Official Plan. Section C1 of the Township's Official Plan contains policies related to the use and development of land in the Agricultural designation. Specifically, Section C1.2 of the Official Plan states that "Permitted uses on lands in [this] designation ... are agriculture [and] single detached dwellings ... ". Section C2.3 of the Official Plan, "Development Policies ", contains policies related to the "creation of new lots for agricultural purposes" (Section C1.3.1), and states that "[it] is the intent of this Plan that land which is suitable for agricultural use be protected from development and land uses that are unrelated to agriculture" and further states that "[it] is also the intent of this Plan to encourage the expansion, consolidation and development of new agricultural uses ... ". On the basis that Section C1 of the Official Plan is silent with respect to the creation of new lots in the Agricultural designation for a residence surplus to a farming operation as a result of farm consolidation, Planning staff defers to Section D2.2.1 of the Official Plan, containing policies related to the Subdivision of Land. Section D2.2.1 — Subdivision of Land policies Section D2.2.1 of the Official Plan contains test for the creation of a new lot by way of Consent. In particular, this section states "... the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained year round basis: The proposed parcels front onto Old Barrie Road West, which is maintained year -round by a public authority. Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 2 of 14 Page 38 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; As previously noted, the proposed parcels front onto Old Barrie Road (County Road 11). In this regard, the application has been circulated to staff at the County of Simcoe, who have provided comments dated March 9, 2012, as contained in the County Official Plan section of this report, within which they state that "County planning staff do not object to the proposed consent application provided ... [specific] conditions be included'. c) Will not cause a traffic hazard; As previously noted, the subject application was circulated to staff at the County of Simcoe, who have stated in their March 9, 2012 letter they do not object to the application but require a condition for the necessary approval to be obtained for the field entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law and is compatible with adjacent uses; The subject property has portions of land in the Agricultural /Rural (A/RU) Zone and the Environmental Protection (EP) Zones, respectively, and the proposed severance would result in both the severed and retained lands having respective portions of land in both zoning classifications. 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, and 4.0 hectares for an intensive or specialized agricultural use. Further, the proposed severed and retained lands would have the following frontages, and occupy the following areas: Lands Frontage Area Proposed to be Severed 123.7 metres 2.0 hectares Proposed to be Retained 648 metres 45 hectares Therefore, as the lands proposed to be severed and retained would continue to have respective areas that are sufficient to be used for agricultural purposes, and would satisfy the minimum lot frontage requirement of the Zoning By -law for the Agricultural /Rural (A/RU) Zone, the application is considered to comply with the applicable provisions of the Zoning By -law. e) Can be serviced with an appropriate water supply and means of sewage disposal; f) Will not have a negative impact on the drainage patterns in the area; g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; With respect to the policies of Sections D2.2.1 "e" through "g" of the Official Plan, as noted in the Provincial Policy Statement section of this report, Provincial policy will require as a condition of provisional consent that "the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance ". Therefore, the prohibition of establishing a residential use on the lands proposed to be retained, as well as their continued use for agricultural purposes would not be anticipated to result in a net change in their need for appropriate water supply or sewage disposal, nor in the drainage patterns of the area. Further, as noted by staff for the County of Simcoe "[the] Applicant will be required to apply to the County of Simcoe to establish the location of the field entrance for the retained lands." Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 3 of 14 Page 39 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... h) Will not have a negative impact on the features and functions of any ecological feature in the area; As previously noted, the subject lands have portions of land in the Agricultural /Rural (A/RU) Zone and in the Environmental Protection (EP) Zone. Further, it is noted that the property has a portion its area regulated by the Nottawasaga Valley Conservation Authority (NVCA), who have indicated that they have no objection to the approval of this application. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Any future development on the subject lands would require appropriate approvals for a well, which would ensure that it would not negatively impact the quality and quantity of groundwater. Section D6 — Agricultural Operations policies In conducting a site visit of the subject property, the subject lands presently contain a number of agricultural buildings which are possibly capable of housing livestock. On this basis, planning staff refers to Section D6 of the Township's Official Plan, "Agricultural Operations ", which contains provisions related to "agricultural operations and non - agricultural operations near such uses in the Township ". Specifically, Section D6 a) of the Official Plan states that "din] order to provide farmers with the ability to carry out normal farm practices, all new development ... shall be set back from agricultural operations in accordance with Minimum Distance Separation One formula." Further, pursuant to Part F of the Official Plan, the definition of "Development" includes "the creation of a new lof'. Planning staff notes, however, that Section 2.3.4.1 "c" of the Provincial Policy Statement states that "Lot creation in prime agricultural areas may only be permitted for ... 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." It is noted that, as a condition of provisional consent on this application, the zoning of the "vacant remnant parcel of farmland' will be required to be amended to prohibit new residential dwellings within them. Therefore, since the intent of the Minimum Distance Separation (MDS) Formulae includes to reduce or eliminate adverse effects that residential dwellings and agricultural operations can experience, by being in close proximity, prohibiting any new dwellings to be established through this application will achieve the same mitigation measure as the implementation of the MDS Formulae. On the basis of the analysis of the subject application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning staff that the application generally conforms to the policies of the Township's Official Plan. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to affect the viability of the farm operation taking place on the retained lands. County Official Plan Planning staff for the Township have circulated the subject Consent Application to Planning staff at the County of Simcoe, who have confirmed that their previous comments of March 9, 2012 continue to be applicable which stated: "The subject property is designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the County Official Plan ... Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 4 of 14 Page 40 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... "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 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. In addition, as defined by the PPS, the retained parcel is to be under the same ownership of additional farm parcel(s) that are intended to be operated as one farm operation. "County Planning staff do not object to the proposed consent application provided the lot creation is a result of farm consolidation and the following conditions be included: "1. The retained lands be zoned to prohibit residential dwelling(s); and "2. ... The Applicant will be required to apply to the County of Simcoe to establish the location of the field entrance for the retained lands." Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient and use and development patterns. 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." Section 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and, specifically, Section 1.1.4.1 c) of the PPS states that "new land uses, including the creation of new lots ... shall comply with the minimum distance separation formulae". As required pursuant to Section 2.3.4.1 c) of the PPS, it is noted that a condition of provisional consent would be that the zoning of the "vacant remnant parcel of farmland' be amended to prohibit new residential dwellings within them. Therefore, since the intent of the Minimum Distance Separation (MDS) Formulae is to reduce or eliminate adverse effects that residential dwellings and agricultural operations can experience, by being in close proximity, prohibiting any new dwellings to be established on the retained lands will achieve the same mitigation measure as the implementation of the MDS Formulae. Therefore, the application of the Minimum Distance Separation (MDS) Formulae is considered to not be required for this application for consent. On the basis of the above policies, and based on the additional points below, the proposed Consent Application is considered to generally be consistent with the Provincial Policy Statement, 2005, subject to the amendment to the zoning of the retained lands, prohibiting their use for a residential purpose. Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 5 of 14 Page 41 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... 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 contain policies directly related to the creation of a new lot as a result of a farm consolidation. As previously stated, the purpose of the subject Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that, while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance ". Therefore, the proposed severance would result in no net increase in the number of residential dwellings, due to the requirement to amend the zoning of the retained lands to prohibit their use for a residential purpose. Therefore, on this basis, the proposed severance 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, is considered to conform to the Places to Grow policies of the Province. CONSULTATIONS: Public Works Department - Building Department — Engineering Department - Nottawasaga Valley Conservation Authority — no objection County of Simcoe — no objection, subject to conditions noted ATTACHMENTS: Schedule # 1 Schedule # 2 Schedule # 3 Schedule # 4 — Location Map — Context Map — Letter Re: Application for Severance for Farm Consolidation — Sketches for Severance Development Services Application No. 2013 -B -06 Meeting Date: April 18, 2013 Page 6 of 14 Page 42 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... ICONCLUSION: i In the opinion of the Planning Department, Consent application 2013 -B -06 complies with the provisions of the Township's Zoning By -law, 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: Andria Leigh, MCIP,"RPP Director, Development Services Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 7 of 14 Page 43 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 1: LOCATION MAP 2013 -B -06 (Clark) Development Services Application No. 2013 -B -06 Meeting Date: April 18, 2013 Page 8 of 14 Page 44 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 2: CONTEXT MAP 2013 -B -06 (Clark) N C 3N11 X11 ■ ■ OLD BARRIE ROAD W C1) 0 z J 0 w w w (/D 0 w (1) 0 0 1 9 PROPOSED RETAINED LANDS Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 9 of 14 Page 45 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 2A: LETTER RE: APPLICATION FOR SEVERANCE FOR FARM CONSOLIDATION 2013 -B -06 (Clark) SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2E0 February 23i°, 2012 The Corporaton of The Township of Oro - Medonte 148 Line 7 S, Box 1C0 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members Re Terrence Ernest Ivan Clark and Kimberly Anne Melia MacDonald Application for Severance for Farm Consolidation Part of Lot 10, Concession 3 Township of Oro- Medonte Part of PIN 58535- 0087(LT) Mr. Clark and Ms MacDonald purchased the hereinbefore described lands on the 17"' day of November, 2011. Mr. Clark had previously acquired Part of Lot 28, Concession 2 EPR in the former Township of Oro on March 20", 2000. This particular parcel has now been transferred jointly into the name of Ms MacDonald as well. and is identified as PIN 58535 -0054(LT) Mr. Clark and Ms. MacDonald took advantage of the opportunity to purchase the additional lands in November. 2011 to increase their holdings close to their homestead. The increased working and available to them in close proximity provides more opportunity for intensification in their farm production and for farm consolidation It will be safer to move farm equipment between farms which are a relatively short distance from one another. crop planting and removal will be facilitated, Tess fuel usage for the protection of the environment. and less expense from a business perspective The travel along a busy County Road is minimized with such a short distance to travel. Many farmers are forced to buy and /or rent land that is many miles away from their main nucleus which is more costly and the potential for calamity is increased. The additional farm buildings and dwelling were not a necessity, nor were they a part of the consideration for the purchase of these lands They are content with the facilities that exist on their homestead lands. The buildings present a concern for them for maintenance and safety Issues It is the des.re of Mr Clark and Ms. MacDonald to sever off such buildings and dwelling to further their intent to consolidate their farm holdings. Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 10 of 14 Page 46 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 2B: LETTER RE: APPLICATION FOR SEVERANCE FOR FARM CONSOLIDATION 2013 -B -06 (Clark) Mr. Clark has had extensive electronic communication with the Nottawasaga Valley Conservation Authority with respect to the environmental feature on these lands, and has expressed a desire to take part in a tree - planting program on the remnant parcel to provide bank stabilization for the ravine. He has received favourable feedback from such discussions. The NVCA was supportive of the configuration of the potential new parcel to protect the integrity of the ravine He has also had meetings and electronic communication with the County of Simcoe planning department and transportation department. They expressed a concern to keep the parcel as small as possible and the necessity to apply for an additional entrance permit for farm purposes. Again their comments were favourable to the intent of Mr Clark to consolidate his farm lands It is the position of Mr. Car* and Ms. MacDonald that the intent of the Provincial Policy Statement (2.3.4.1). the County of Simcoe Official Plan (3.3 -4; 3 6.6 and 4.8.2.5) and the Township of Oro-Medonte Official Plan (02.2 1) have been or will be complied with. The Province and the County each speak to the possibility of a lot creation by severing off a "residence surplus to a farming operation as a result of farm consolidation While the Township's Official Plan does not speak to this directly, it is noted that there have been occasions when the Township has permitted such severances to fall in line with the position of the Province and the County in this respect. Mr. Clark and Ms. MacDonald envision many potential uses for the dwelling and buildings on these lands A bed anc breakfast close to Hardwood Hills Ski and Bike. and Horseshoe Valley Ski Resort would be beneficial. There are many more features in the area that bring people as well in all the seasons The barn and storage sheds could provide much sought of storage for off - season utility vehicles such as boats: motorcycles, cars, snowmobiles, and all- terrain vehicles as well as trailers which people rarely have room for on their own property. The close proximity to Simcoe County Forests, Lake Simcoe, and the hills and terrain of Oro - Medonte provides an opportunity for artists and hence the potential to house an artists haven to have a place to work on their projects and display their wares to the area The Thanksgiving Studio Tour in this area is always a very successful draw 'o bring in new people and encourage those who already know what a great place Oro- Medonte is to get out and explore. The exposure on a County Road is a great plus for any endeavour. Yolk, !Eery truay, Shirley Partndgee, Pfesident Shirley Partridge Registry Services Inc. Development Services Meeting Date: April 18, 2013 Application No. 2013 -8 -06 Page 11 of 14 Page 47 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 4A: SKETCHES FOR SEVERANCE 2013 -B -06 (Clark) Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 12 of 14 Page 48 of 138 1 , 9E998 )13018 r • • PONY r SNrVSS37►,l0,7N33ML38371WA4077V OYOH ,8998 -t(1S NYk! — 6900 W m a a O D {c 07 NoIss .woa a 107 i 6 1O7 `. , t71.� ©' g. • a L ShCYSS At00 N33AUJe ci ! g. T L 8 4NV MJ3 , p 30,4M077V OVOt/' , . on lop w O€ F07 - 8 7 ; ' � Z 0 °n '-°-L600 '-- gt 6e-107 '` 8 $♦ gh cc 7 8Z o7 g .1 V V © 1Z107 a� ei 9z 107 W i o l�m 41 �N a % a 4 g g o cr J b ,p t—!d F 1 no tr .�' L tld3 L 1 h a &NV 2M31 SMOVSS3,3NO3 4, N33M130 333 VA1077V OV011 Development Services Meeting Date: April 18, 2013 Application No. 2013 -B -06 Page 12 of 14 Page 48 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 4B: SKETCHES FOR SEVERANCE 2013 -B -06 (Clark) Development Services Application No. 2013 -B -06 Meeting Date: April 18, 2013 Page 13 of 14 Page 49 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... SCHEDULE 4C: SKETCHES FOR SEVERANCE 2013 -B -06 (Clark) Development Services Application No. 2013 -B -06 Meeting Date: April 18, 2013 Page 14 of 14 Page 50 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... Page 51 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... Page 52 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... 2012 -B -06 (Clark) Dwelling on Lands Proposed to be Severed , ,- tit h afj } 11 -- a - 1 'IlttEtllEU! 10111 H111411144114 !��111 1 . 111 11 , k I I Page 53 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... 2012 -B -06 (Clark) Agricultural Buildings on Lands Proposed to be Severed 1 1 - w.f. Page 54 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... Page 55 of 138 5c) 2013 -B -06 (Terrence Clark & Kimberley Ann MacDonald)... 2012 -B -06 (Clark) Boundary of Lands Proposed to be Severed 1 r I '4LtsC -'r II e Y '• 'It ."-a7t"..j4,..,-S:.7 4:-,:,.. ilifr - , \ ,, ,, \ -,,, --,- ii Page 56 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 57 of 138 �, TOWNSHIIP OF OI O °MC DONTC T , hrpn�// - , ..:. REPORT onte f4anA H,* r, Fxdrtrrg Flrmn ApplOcatloru No: 2013 °A =15 To: Corrommee off Adjustment Prepared By: Derek W tfi b, Manager, Planning Services Meeting Date: April 1 , 2013 Subject: Variance Application (R. , . M. Langstaff) 419 Line 11 South Pan Lot 23, Concesspon 12 (Former Township of Oro) Motion # 4346 ° ®1 ® ° ®11 °26200 H.M.S. Bole #: D13 -44329 HEMMED CONDMONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, the proposed detached garage shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The subject property contains an existing 102 square metre (1103 square foot) single detached dwelling and 10.8 square metre (116 square foot) detached accessory building which is located within the Environmental Protection (EP) Zone setback requirement. The applicant is proposing to replace the existing accessory building with a 35.04 square metre (377 square foot) detached garage to be located farther from the Environmental Protection (EP) Zone boundary. ANALYSDS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Environmental Protection = Zone G e�ajr Pro osedl Section 5.2 ® Setbacks from Limits off No building within 30 [3aMdl ng proposed Environmental Protection (EP) metres of boundary of EP within 8.0 metres Zone Zone of EP Zone Development Services Meeting Date Aprii 18, 2013 Application No. 2013- -15 Page 1 al 6 Page 57 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 58 of 138 FDNANCiAL: Not applicable. FOUCES /LC GUSLLATfON: Does the variance conform to the general intent of the Official Plan? The property is designated Hawkestone Residential Area in the official Plan. Permitted uses in this designation include single detached dwellings and accessory uses. Therefore, the proposed detached garage conforms to the general intent of the official Plan. Does the radiance 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 Residential One (R1) Zone and is situated immediately south of lands zoned Environmental Protection (EP). The Environmental Protection (EP) Zone is associated with Hawkestone Creek which is adjacent to the subject property. The Zoning By -law prohibits development within an Environmental Protection (EP) Zone or within 30 metres of an Environmental Protection (EP) Zone. The intent of the Zoning By -law is protect people and property from natural hazards or to protect natural heritage features from development. Since the applicant's proposed detached garage would be located farther from the Environmental Protection (EP) Zone and from Hawkestone Creek than the existing accessory building, Planning Staff is of the opinion that it represents an improvement over the existing situation by potentially reducing the hazard risk. For this reason, Planning Staff is of the opinion that the proposed development maintains the general intent of the Zoning By -law and is appropriate for the desirable development of the lot. The Lake Simcoe Region Conservation Authority ( LSRCA) has verbally advised the applicant and Planning Staff that it has no objection to the variance. The Committee should have regard to any LSRCA comments that may be received. Is the variance minor? As the proposed variance related to the detached garage 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, it is considered to be minor. CsNSULIATVO MS: Environmental Services Division — Transportation Division - Development services Meeting Date Aprii 95, 2813 Application No. 2013 -A -95 Page 2 of 6 Page 58 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Building Division — County of Simcoe — Lake Simcoe Region Conservation Authority — IATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevation & Floor Plan ICONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -15, specifically, to permit the construction of a detached garage, appears to meet the four tests of the Planning Act. Respectfully submitted: —‘-g-4////iiit4, Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date April 18, 2013 Application No. 2013 -A -15 Page 3 of 6 Page 59 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... SCHEDULE o LOCATION MAP 2313-A-15 (Langstaff) Development Seovuoes MVee ng Date April 18, 2013 Appl"ooatlon No. 2013-A-15 Page 4 of 6 Page 60 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... SCHEDULE 2: SEE PLAN 2013-A-15 (Langstaff) PR.PosEa (iVtLDIA)fr Coca' 1DtJ ®eveiopmevo4 Seovuces Application No. 2013 -A'15 Meeting Date Apoup 93, 2 093 Page 5 of 6 Page 61 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... SCHEDULE 3: C L VATKO FLOOR BEAN 2013-A-15 (L nn staffff) 73,... ptp T Development Services Meeting bats April 18, 2013 Application No. 2013 -A -1 ► Page 6 of 6 Page 62 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 63 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 64 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 65 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 66 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Page 67 of 138 5d) 2013 -A -15 (Randy & Marlene Langstaff), 419 Line 11 So... Lake Simcoe Region conservation authority Tuesday, April 16, 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 -15 (Langstaff) 419 Line 11 South Township of Oro - Medonte, County of Simcoe 2 -CAS— s`=) —lam 4' r3 A Watershed for Life' "By email only" Thank you for circulating this application for minor variance to the Lake Simcoe Region Conservation I.uthority (LSRCA) for our review. Based on our review and given that the property is located adjacent to Hawkestone Creek, we recommend that any approval of this application be subject to the following conditions: 1. That the owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the issuance of a municipal building permii. 2 Thy t a planting plan shall be prepared to the satisfaction of the LSRCA for the riparian area adjacent to Hiwl:estone Creek. 3. That the owner shall agree to register a restrictive covenant on the subject lands under the Conservation Land Act. The purpose of tl ie restrictive covenant is to help implement and maintain the planting plan in order to prevent erosion associated with Hav,'kestone Creek. Please frt Shc lI I Ii ise us of your decision. Ch r es F, Bt -oe s, MCIP, RPP Ser io Plann' ry (.c.nrdinator Copy: LSE CA, Ian Wa:',e, 120 Bayview Parkway, Box 282 Newmarket, Ontario L3Y 4X1 ITel: 905.895.1281 1.800.465.0433 Fax: 905.8533881 Proud winner of the International Thiess Riverprize Web: www.tSRCA.on.ca E -Mail: Info @LSRCA.on.ca I Member of Conservation Ontario Page 68 of 138 5e) 11:30 a.m. Page 69 of 138 zu i i -H- I D ireter vvaraer), 4829 Line 11 Nor... 1TOWNSHO°P OF ORO- MGOONTC! -42111111i RCpOo G°37 6);;; ate, Application No: 2013 -A -16 Toe Committee of Adjustment Prepared Iy: Derek Witlib, Manager, Planning Services Motion # Meeting Date: April 1 92013 SaubDect: Variance Application (Peter Warder) 4529 fine 11 North Part Lot 11, Concession 12 (Former Township off I ledlonte) Roll #e 4346-020-006-04611 H.M.S. Bile #: 0W3 -43330 REE®URED CON®lTl ®IBS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, the proposed sunroom and shed addition shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. BACKGROUND: OUND: The property currently contains a single detached dwelling and a detached shed. The applicant is now proposing to construct an addition consisting of a sunroom and storage space. ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Environmental Protection EP Zorue Required uired Proposedl Sect 5.24 e Setbacks from Limits of No building within 30 E;uAildlng within EP En Protection (EP) metres of boundary of CAP Zone Zone Zone FINANCIAL: Not applicable. Development Services Meeting Date April 18, 2013 Application No. 2013 -A -18 Page 1 of 7 Page 69 of 138 5e) 11:30 a.m. Page 70 of 138 zu i i -H- I D ireter vvaraer), 4829 Line 11 Nor... POUCfES /LIEGMLATIION: Does the variance conform to the gcener,aI intent of the Official Plan? The properly is designated Rural in the Official Plan. Permitted uses in this designation include single detached dwellings and accessory uses on existing lots. Therefore, the proposed addition to the single detached dwelling conforms to the general intent of the Official Plan. Doss the variance meet the general intent of the Zoning / y=1-iw, and is the variance appropri ate for the desirable development of the loft? The majority of the subject property, including the location of the existing dwelling and the proposed addition, is zoned Environmental Protection (EP). A small portion of the property, immediately adjacent to Line 11 North is zoned Agricultural /Rural (A/RU) Zone. The Zoning By-law prohibits development within an Environmental Protection (EP) Zone or within 30 metres of an Environmental Protection (EP) Zone. The intent of the Zoning Sy -law is protect people and property from natural hazards or to protect natural heritage features from development. In this case the Nottawasaga Valley Conservation Authority has advised that it has no objection to this application and for this reason Planning Staff is of the opinion that the general intent of the Zoning Sy -law will be maintained. Planning Staff is also of the opinion that the variance, if approved, would not have any negative impact on surrounding land uses or the character of the surrounding area. 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. Os the variance minor? As the proposed variance related to the addition 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. COtMSMLTATD®NS: Environmental Services Division — Transportation Division - Building Division — County of Simcoe — Nottawasaga Valley Conservation Authority — no objection. Development Services fleeting Date April 18, 2013 Application No. 2013 -A -16 Page 2 of Page 70 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan Schedule 4: Elevations CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -16, specifically, to permit the construction of an addition consisting of a sunroom and storage space, appears to meet the four tests of the Planning Act. Respectfully submitted: Derek Witlib, MCIP, PP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date April 18, 2013 Application No. 2013 -A -16 Page 3 of 7 Page 71 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... SCHEDULE 1: LOCATOON MAP 2013-A-16 irder) Devepopmroent Services Apnpppoatpomo No. 20134 -18 Meeting Date April 18, 2013 Page 4 of 7 Page 72 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... SCPrED JLF 2: STTE PLAN 2i 3 -A -1 S (Wader) L etctihTs L\ k\\ 000 � e ®go Development Sea-Woes Meetlng Date Awn 18, 2 013 AppUloatlon Ado. 2013 -A -16 Page 5 of 7 Page 73 of 138 5e) 11:30 a.m. L. ID 9e5Bd £a®Z `ed 11AV aaea BaaobaG 1 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... 90.- p °£1-0Z' °N Liowaoloddy etwSss xe a, IOO m . I91.3- 930S01 316 A61 NO'w111,0 s ,N3J0ARJO 6r NIOGI oaf sea '9CInOrt "10 1 Jo L ON OR M= oaAOndar, A331 14031.3333,3 • 0 NIOVllO MOE k0 40044 91VO .41/E - 31v09 N00901 100W P41009110119 war NOLLIQQ$' zaQerm T" a 1— se .01 aFFTxx01100r 0I VI rc 111 TF m lc/ O O 6 kg� v kr 11 NV7d o U :e EITW® HOS Page 74 of 138 I T-gt -4==r1 5e) 11:30 a.m. 2013-A-16 (Peter Warder), 4829 Line 11 Nor... SCHEDULE 41 ELEVATIONS 2313-A-16 (Warder) 11 0 IIMI 1E1 .001TIOTTITAI- TONG= MIT Wall,. 'FP ator ...47 0 FRONT ELEVATION RIGHT ELEVATION rINOTITO covneecrot TO caillert AMA. W.son ALL CONSTRUCTION TO CONFORM I TO OB., WO. STANDARDS 0 4 iI tp- z Ff 1 I i! ve_seel••••__ ;,11' FROWEIT FLOOR -* MM.= SRAse rqaTh 141.... MOOR 3 . . REAR ELEVATION reTZOTr:.::.; FT BM. 6AASe . - • . LEFT ELEVATION 4.1......OLTS TO 1.1 POITTOT TOLOJD TO ITOTTOOPOONO MUM 6 ..1.1CO FLOOP _...NeArmAmoca R.N.> ORPOE cawatmucrom TO CONFORM TO 0.IS.C. 'LOS STANDARDS REAR and LEFT ELEVATIONS t Deveiopment Services Application No, 2013-A-16 Meeirgg Date April 18, 2013 Page 7 of 7 Page 75 of 138 El 111 11 Nall RIGHT ELEVATION rINOTITO covneecrot TO caillert AMA. W.son ALL CONSTRUCTION TO CONFORM I TO OB., WO. STANDARDS 0 4 iI tp- z Ff 1 I i! ve_seel••••__ ;,11' FROWEIT FLOOR -* MM.= SRAse rqaTh 141.... MOOR 3 . . REAR ELEVATION reTZOTr:.::.; FT BM. 6AASe . - • . LEFT ELEVATION 4.1......OLTS TO 1.1 POITTOT TOLOJD TO ITOTTOOPOONO MUM 6 ..1.1CO FLOOP _...NeArmAmoca R.N.> ORPOE cawatmucrom TO CONFORM TO 0.IS.C. 'LOS STANDARDS REAR and LEFT ELEVATIONS t Deveiopment Services Application No, 2013-A-16 Meeirgg Date April 18, 2013 Page 7 of 7 Page 75 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... Page 76 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... Page 77 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... IMMO% . , //iiiel II1 rif1uI111 V JrAr •.moo mom mammal statirogorczy,L, E t Page 78 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... Page 79 of 138 5e) 11:30 a.m. 2013 -A -16 (Peter Warder), 4829 Line 11 Nor... +m4 Page 80 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 81 of 138 p ' A_j TOWNSHF OF ORO-M DOo nM IE `i u1 f PC T (9 ..iledon te Appiication Igloo 2013 -A-17 To: Committee o4 Adjustment Prepared 1.,T Derek Witlib, Manager, planning Services Meeting Date: April 18, 2013 SubOct: Variance Application (I . ' L. Wench) 863 Ridge Goad Road West part of Lot 5, Concession 5 (Former Township of Oro) lotion # Roil #: 4346 - 010 -00:x- X13600 R.M.S. Dope #o D13 -44331 REQU RCED CONDMONS: 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 approximately 167.69 square metres and a height of 5.12 metres above the established grade. 3. That the buildings and structures on the property be substantially 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. GACKGROLIND: The property currently contains an existing single detached dwelling with attached garage, pool and deck and the applicant is proposing to construct a two storey detached garage (main floor area of 93.8 square metres and second floor area of 73.9 square metres). ANALYSiS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Agricultural/Rural (N/RIA Zone Required Proposed Section 5.1.4— Maximum Height 4.5 metres 5.12 metres Section 5.1.6 - Maximum Floor Area 100 square metres 167.69 sq. metres Dev &0opmsrot Services OUtsstirog Data Apxr10 18, 2013 Ap iication Igo. 2013-A-17 Gags 1 of 7 Page 81 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 82 of 138 FDNANCMII=e Not applicable. POUCHES /LGCOSLLATOO e Does the variance conform to the general intent of the Official Pl.- n? The property is designated Rural in the Official Plan. Permitted uses in this designation include single detached dwellings and accessory uses on existing Tots. Therefore, the proposed detached accessory building conforms to the general intent of the Official Plan. Does the vari- nce rneett the general Intent of the Zoning 0 y -law, and 6s the variance appropriate for the desk, hie development of the lot? The subject property is zoned Agricultural /Rural (A/RU) Zone. According to the Township's Zoning By -law, accessory buildings are 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 /natural a character of the area. During a site visit of the property, Planning Staff observed that the proposed garage would remain secondary and subordinate for the following reasons: o The location of the garage would be to the rear of the dwelling when viewed from Ridge Road; and o The property slopes down away from the road and the garage would be at a significantly lower elevation the existing dwelling. Planning Staff also notes that the property has no neighbours in the rear yard (rail trail), and that a wide tree buffer exists on the property which would serve to screen the proposed garage when viewed from the public trail to the south of the property. Based on the above, Planning staff is of the opinion that the variances, if approved, would not have any negative impact on surrounding and uses or the character of the surrounding area, and that the proposed accessory building would clearly 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. Development services Meeting Dale April 18, 2 013 Application No. 2093 -A -17 Paige 2 of 7 Page 82 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... 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: Transportation Division — Environmental Services Division — Building Department — County of Simcoe - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations Schedule 4: Floor Plan CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -17, specifically, to permit the construction of an accessory building appears to meet the four tests of the Planning Act. Respectfully submitted: J1) Derek Witlib, MCIP, Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date April 18, 2013 Application No. 2013 -A -17 Page 3 of 7 Page 83 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... SCHEDULE ULC 1 e LOCATTON MAP 2013-A-17 (; aoensch) SAM -CT PROPERTY (863 Ridge Road West) Development Services Application No. 2013-A-17 Meeting Date April 18, 2013 Page 4 o4 7 Page 84 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... \ SCHEDULE 2z STALE PLAN 2013-A-17 QQfNl iensch) NELO �• 9 taw► 0 ta Et-L, Q Si 1C-' ��� IitzF�R Icep,,r+.116. F_ Development Services Meeting Date April 18, 2013 ppticat on No. 2013-A-17 Page 5 of 7 Page 85 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... SCHEDULE 3: ELEVAT O S 2313-A-17 (Wue sch) ,w2 Wus...1e 4 4sYO'`! iQa +�c ■p,oN10 is 1 or tii ,SUh 30%0 v''\ .(071 rvt ,1 9 a.`1 Leer Sloe 1.11e.3 r v2,1NaK N-te z4 u tic A a�3 SaaV= • eSow = .30 Development Services Meeting Date April 18, 2013 Application No. 2013 =A'17 Pave 6 of 7 Page 86 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... SCHEDULE 4: FLOOR PLA 2 3 =A 17 QWaaaovsth) O +-. ,W"? ia1. b-x" S A:t, no 46-G-B Ctcr cPA w+�r. 1 Development Services Meeting Date ApoiO 18, 2013 Application No. 2013-A-17 Page 7 of 7 Page 87 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 88 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 89 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 90 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... :rte 1114;47- 11110,4"- Page 91 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 92 of 138 5f) 2013 -A -17 (Randy & Lori Wuensch), 863 Ridge Road West... Page 93 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 94 of 138 eeYYt�`� TOWNSHO/ OF OGRO -O�rIC DOoNTi Pmml Hrr%faS' £.aiWs r,m,rc Application No: 2013 -A-18 To: Committee of Adjustment Prepared) By: Derek Quitliold, Manager, Planning Services Meeting Date: April 1 , 2013 Subject: V-riance Application (W. C. Lambert) 11 Palm Beach Road) Concession 10, Pier 863, Lot 4 [lotion # Roll #: 4346- 010- 010 -03000 RMS. He #: ®13 -44332 REGUlRIED CO I ®l t mOl lS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the attached garage /hobby /workshop shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the attached garage /hobby /workshop be located no closer than approximately 2.0 metres from the northerly interior side lot line; 3. That the location and size of the proposed attached garage/hobby /workshop be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c. P. 13. @ ACCKGRI M: The property presently contains a single storey 122.6 square metre (1320 square foot) dwelling. The applicant is proposing to add a two storey 122.6 square metre (1320 square foot) attached garage /hobby /workshop (61.3 sq.m (660 sq.ft.) per floor). AiIIALYSOS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline ( esidlerotialZone Res uiredl Proposed 1. Table B1 — I linirrou m Required) Interior Sidle Yard 3.0 metres 200 metres Development Services Meeting Date April 10, 2013 Application No. 2013 -A -18 Page 1 of 6 Page 94 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 95 of 138 IlNAgcDAL: Not applicable. IPCO UUCCHES /(LL MSLATlON: Doves the variance conform to the genera/ 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. Single detached residential uses are permitted in the Shoreline designation and one of the Official Plan's stated objectives of the Shoreline designation is, "To maintain the existing character of the predominantly residential area." Planning Staff has visited the subject lands and notes the shoreline Dots along Palm Beach Road are relatively narrow, with the existing dwellings generally positioned close together. Some of the existing older dwellings appear to possess interior side yard setbacks which may be Tess than the 3 metre minimum required by the Zoning By -law. Planning Staff is of the opinion that the variance is consistent with the existing character and 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 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 interior side yard setback of 3 metres is intended to provide spatial separation between neighbouring dwellings, as well as provide ease of access and maintenance on a lot. Planning Staff is of the opinion that the impact, if any, of the applicant's proposed development on adjacent properties or on the neighbourhood as a whole would not be noticeably different if the addition was positioned at the minimum required 3 metre setback rather than the applicant's proposed 2 metre setback. The variance would still allow for adequate access around the building and Planning Staff is of the opinion that the variance maintains the general intent of the Zoning By -law and is appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance related to the addition 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, it is considered to be minor. Environmental Services Division — Transportation Division - Building Division — Deveiopmeof4 services it ee4irig Date April 18, 2013 Apapipca2ion No. 2013 -A -18 Page 2 of 6 Page 95 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Lake Simcoe Region Conservation Authority - County of Simcoe - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations & Floor Plan ICONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -18, specifically, to permit the construction of an attached garage /hobby /workshop, 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 April 18, 2013 Application No. 2013 -A -18 Page 3 of 6 Page 96 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... SCHEDULE 1: LOCATO®N MAP 2013-A-18 (Lambert) SUBJECT PROPERTY (11 Palm Beach Road) Development Services lIl1ee4ong Date Apo 1 18, 2013 pp0uce4uon Flo. 2013-A-18 Page 4 off 6 Page 97 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... SCHEDULE 2 S(TE PLAN 2013-A-18 (Lambert) n r. ,� , \ �--��� x �w,s ,9£ i i�t pZl -� Q 3 ry 1`/ ZdO-21a L.C-• I f A 1 I r ro C . o L 3 .vrv7i' -' , AL -S 2 AY- co 611 i p .o e a 3 eu x I 4 T v Irl ioa Rs� NQ 3 I n, ro In I\ c_ CI t1 0 c -t Dev &popme t Services Meeting Date April 18, 2093 pp attion Flo. 2013 -A -98 Fags 5 o4 6 Page 98 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... SCHEDULE 3 ELC VA'IONI FLOOR PLAN 2312-A-1 (Lambert) .O Zit 3/ O„ Ek15TI N6 p,atpdYb FEI Ell I I r I ..K6 1,}+5+6 EN6titdEERE'6 SL RB otv,i -fp'-1 T 6 v & 41 QOP YRgm.E to 0$T&uG7ypej Ko0. 61M-AGE t,6(2- R4oL.1 ar.ar N — RPM 4'pc, ■Js+NUE Lk., (dL RT 1 ! i I +LM 5a Rea RD 0 R wneooN MttA$_tw 22. 2013 SCALE '(- 1 .o0T SE tk,..io FLOG P OPEwi Srut.WG( w0x.e Setep Ptv60SED CR &RG+E .1`�MO P, GEPDE .� 1MLNOO. VRRW NGS Nvu6T RC Luftr 84 ors raEEU uAee Dwer2 To 22' I3ECYw.aL` OF SEp PIC SCr 144a WS III5r pJ •1 C orY LR Etf >sR Development Services Meeting Date April 98, 2093 Application No. 2013 -A -18 Page 6 o4 6 Page 99 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 100 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 101 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 102 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 103 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 104 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 105 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 106 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 107 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Page 108 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Allan and Vicki Palmer 15 Palm Beach Rd. R.R. 2, Hawkestone Ont. LOL 1TO c(3-Ps- f t-, CW April 10, 2013 RECEIVED APR 1 F 1u13 0RO- MEDONTE To Planning Dept: TOWNSHIP Re: Minor variance application for 11 Palm Beach Rd. : Proposed building size (36'd x 21'h x 22'w) on 50' wide lot We as immediate neighbours strongly oppose the approval of the variance for these reasons: - Proximity to lot line is too close for such a huge structure, it will feel like we are closed in and lose the airiness we now enjoy. Our properties are currently staggered so the closeness of the lot line doesn't feel like we are closed in. We certainly do not want any building closer to the lot line than currently exists. -The sketch shows that the new structure will be built mainly over the driveway, but actually will stretch across the majority of the front of the existing cottage, and partially being built over septic pipes and the septic sand bed, causing concern in the stability of the structure and potential problems with run -off from the septic. - Another concern is the amount of buildings, including existing cottage, boathouse and new structure on such a small lot. -We have 2 windows on that side of our home which at least one would loose the view we now enjoy to the end of our road and therefore give us a closed in feeling. We would be looking at a solid wall instead. -We have a lovely vegetable garden on that side of our home which we have enjoyed for the past 13 yrs., that would certainly be impacted by lack of sunshine - Aesthetically this project will not enhance the street and depreciate the value of our home and surrounding properties. Yours, Page 109 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... X3 v `� r'r_J / xrS7 , 16- D/E j/l4, p; 57. 7('7rc '% i s }! 63 i&€ 5 r Al G rc 2 J V /?- ✓d r AI Cry ru r{ t e is/ r,•.J/ 2 /SW / xi G- f'1 S Sr DX. YA/ .!) 7Th >to}f, Cj1 1751/154. MM Sc:rtr£Mr(AJ 5 D6 A.,a7W cc"ra: 7 f e ~. 6 r e 5 rr. opl 6.6 41 - /.b €.- '%r e_rJC' /�/` ILIA) �` i.,� tc....L,)/ l %'j,i t nGLV '•1'7, r ;s css --jS niiC- �[L Page 110 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach ... Re: Variance application -11 Palm Beach Rd.,RRi#2, Hawkestone On. 0412013 We have outlined most of our concerns in the letter before you, but I will go over it again. We want to stress that the building proposed is very large for the size of the property and too close to our lot line. The existing structure is already closer than minimum lot specifications at (8.761 and the variance would bring the side yard down to 5', not counting the overhand and evestrough which will reduce the side yard even more which will be very invasive and totally unacceptable to us. The only reason the closeness doesn't affect us now is that the buildings are staggered. We still have concerns about the stability of this huge structure being built over sewer pipes and possibly over part of the sand bed. According to the previous owner who was the person that installed the septic system, the slab 36'x22' would certainly go over a portion of the septic sand bed. Acccording to the laws concerning septic tanks you are not allowed to cover any part of the bed or mantel with impervious material such ass concrete, because it need evaporation to happen. Should there be a problem with the septic pipes under the slab, how does it get repaired and where will the sewage flow to? We will lose the views from our deck at the rear and our side window. At the moent we can see across the street, it is open and pretty and also can see right to the end of our road through the side window, instead of a 2 storey wall that will close us in and totally impact our lifestyle_ The proposed structure is' larger than most attached garages that we know of, who knows what the future use will be, and could this cause high noise levels down the road should someone use us it for other than residential use? We now enjoy quiet surroundings! Another very important issue, which we forgot to mention in the letter before you, is the issue of snow on the roof. Years where we have severe snow storms, that roof needs to be cleared, we used to call Mr. Peterson to notify him or he would call us with concerns. When it was Geared the snow would fill in the whole sideyard with snow, 1 remember one year when the snow was so high you could climb up the bank and step on the roof, that was unusual but it happened. Now with the new structure proposed, the roof would be angled towards us, like the existing roof, it would be over 3 ft. closer to us and with the overhang and evestrough it could cause a snow avalanch directly on our walkway down that side of our house. We have owned our property for over 25 yrs. partly as a cottage and now our retirement residence. We got out of the city to enjoy the beauty and tranquil life which we have enjoyed for the past 13 years. The construction of the proposed building will close us in like a snadwich and we wilt lose the openness which will impact our lives as we have been used to. We will be looking at a 80 fit. wall, 2 story's high and 5 ft. from our lot line. The existing cottage has wood shingles and the new structure will have another 2 different finishes according to the owner.(not sure how this will look). The proposed building will severely impact the curb appeal of our home and we will lose significant property value as a result. We may have a challenge even trying to sell it because who would want to pay a high price for a property with a large wall beside them, and so close to the lot line. We wish our neighbours well but are just trying to protect ourselves, and the lifestyle that we have been accustomed to. We ask that the full report, related to the septic system be recorded in the minutes of This meeting. Allan and 1 ask the committee of adjustents to deny the variance. We ask that you consider these issues very carefully today, because your decision will impact both of our properties and our lives forever. . ] ,e y0 c.a.. Fb '/ /,Slx,,v /NC-: —G' C S Page 111 of 138 5g) 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach Page 112 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 113 of 138 � TO VNSHllP OF ®GAO- MEDONTCE (9- 7•1ktionte Ri li u 11 !'rood fic" ' r. Lkriting Frrrm. Application fro: 20113 -A -19 To: Committee of Adjustment Prepared By: Derek Wit ib, Manager, Planning Services Meeting Date: April 1 zr, 2013 Subject: Variance Applicati -ru (W. Camirand � P. Brown) 17 Barrie Terrace CCo cess oru 1, plan 633, Lots G , Fl Motion # 434 °010- 006 02600 R-M-S. Goole #: 01 344333 RL5MARLS® CONDlTlONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -iaw; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single detached dwelling be located no closer than approximately 2.4 metres from the northerly interior side lot line; 3. That the location and size of the proposed single detached dwelling be substantially in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The properly presently contains a 121 square metre (1302 square foot) cottage and 42 square metre (452 square foot) cabin. The applicant is proposing to demolish the existing cottage and cabin and replace them with a new single storey 326 square metre (3509 square foot) single detached dwelling with attached garage. ANALYSIS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SRI Zone ftclau6red prop ®rd 1. Table 131 m Minimum Required interior 3.0 r711etreS 2.4 metres Side Yard Deveiopmertt Services fleeting Clete Drip 18, 2013 pplioetion No. 2013 -A -18 Page 1 o4 6 Page 113 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 114 of 138 FNANCEAL: Not applicable. PODUES /LEGtSELATaON: 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. Single detached residential uses are permitted in the Shoreline designation and one of the Official Plan's stated objectives of the Shoreline designation is, "To maintain the existing character of the predominantly residential area." Planning Staff has visited the site and is of the opinion that the proposed development is similar to and compatible with the existing development in the area. The variance conforms to the general intent of the Official Plan. Does the variance meet the general irutenft of the Zoning Ey-Oaw, and is the variance appropriate for the desirable development oa the log? The subject properly 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 interior side yard setback of 3 metres is intended to provide spatial separation between neighbouring dwellings, as well as provide ease of access and maintenance on a lot. Planning Staff is of the opinion that the impact, if any, of the applicant's proposed development on adjacent properties or on the neighbourhood as a whole would not be noticeable different if the dwelling was positioned at the minimum required 3 metre setbacks rather than the applicant's proposed 2.4 metre setbacks. Furthermore, the Township has received three letters from members of the public in the area advising that they have no objections to the application, including letters from the owners of the adjacent properties on either side of the subject property. The variance would still allow for adequate access around the building and Planning Staff is of the opinion that the variance maintains the general intent of the Zoning By -law and is appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance related to the dwelling 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, it is considered to be minor. CONSULT /MOMS: Environmental Services Division — Transportation Division - Building Division — Lake Simcoe Region Conservation Authority - County of Simcoe - Development Serrvicee Mee/ing Mee/in Date Apoip 1852013 App catb ro No. 2013 -A -19 Page 2 of 6 Page 114 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Schedule 2: Site Plan Schedule 3: Elevations ICONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -19, specifically, to permit the construction of a single detached dwelling, possessing interior side yard setbacks of 2.4 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: A,41)tkei Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date April 18, 2013 Application No. 2013 -A -19 Page 3 of 6 Page 115 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... SCHEDULE 1: LOCATDOItS MAP 2013 A -1 S (Camor id Brown) BARRIE TERRACE LAKE SUMCOE SUBJECT PROPERTY (17 Barrie Terrace) Development Services Meeting Date April 18, 2013 Application No. 2013 =A -19 Pave 4 of 6 Page 116 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... S ©HIE®1LIE 2e SDTIE PLAN 2013-A-19 parterind & Etrow ) ) Y\1I!iT>+f 00N# ��:/� / /.!J tteats'at . ,1!�Z7'!ww �1F, 111)) � i JM" *= mil I� A � Sidi hJ lilill� ■h Ak II <ct Toe 1 �, $aaa 1K #'T Lliti'llifil Al 1 iI ) ilk -- 111j11i 126 Welllingt6n Street West. Ste. 207 Berrie, ON L4N 1149 T: 705.7262342 F: 705.725.5355 E: lan®ISmarc5tecissa Development Servpces Applicatlon No. 2013 -A =09 Meeting Date April 18, 2013 Pave 5 of 6 Page 117 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... SCHEDULE 3: ELEVATIONS S 21313-A-19 (CamerInd Brown) ) 4aIs14016 341- a34sa3d1d4a0,103 S$ > NI CD C w g Wg USM .ARCHITECTS • T6:vaoo-mar fie :ME. :m m Oleic Jx :AN 'K4 kmalsmrvilact44a Development Senruoes Appl'ocatlon No. 2013-A-19 Meeting Date April 18, 2013 Page 6 of 6 Page 118 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... .73/ weI ®eeI SS�sZ150L �� i4fZ 9ZL SOL 1 LOL'e1S Ys.M I,egS u %BU IIIeM 9Z Sl3ElIHO?IV INS! Page 119 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 120 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 121 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 122 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 123 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Page 124 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Lake Simcoe Region conservation authority Tuesday, April 16, 2013 Andria Leigh, MCIP, RPP Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte Oro, Ontario LOL 2X0 Dear Ms. Leigh, .c - i A Watershed fo By email only* Re: Application for Minor Variance File 2013 -A -19 (Camirand /Brown) 17 Barrie Terrace Township of Oro - Medonte, County of Simcoe Thank you for circulating this application for minor variance to the Lake Simcoe Region Conservation Authority (LSRCA) for our review. Based on our review, 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. The purpose of obtaining permit approval is to ensure that all buildings and structures will he setback sufficiently from the top -of- slope. To help verify this setback distance, a geotechnical evaluation may be required through the permit process. Please isu us c.f your decision. Si cer Ch rl -s F. i? !rcicss, MCIP, RPP Senior la line Coordinator Copy: L, RCA, Taylor Steve. son 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 winner of the International Thiess Riverprize Member of Conservation Ontario Page 125 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... Chisholm, Kory C,(--( 7-J From: Wendy < > Sent: Wednesday, April 10, 2013 9:16 PM To: Chisholm, Kory Subject: Fwd: Committee of adjustment Hi Kory This letter was sent to us. Not sure how we submit with our application or if we should or need to. Can you advise how to handle properly. Thanks. Wendy. From: - Date: 10 April, 2013 11:47:06 AM EDT To: 'Paul Brown" Subject: Committee of adjustment Reply -To: April 9, 2012 "Wendy Camirand" Re: application to the committee of adjustment by Paul Brown and Wendy Camirand at 17 Barrie Terrace. We are long time residents of 21 Barrie Terrace and have reviewed their application to the committee of adjustment. We have no reservations with regards to this request. We fully support their application. Janet Lougheed 21 Barrie Terrace George Lougheed 21 Barrie Terrace Sent from my BlackBerry device on the Rogers Wireless Network i Page 126 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... December 19, 2012 To the Committee of Adjustment, Oro - Medonte; We, Mr. and Mrs. R. Hekkenberg, have seen the site plan attached by Ian S. Malcolm Architect showing a variance on the east and west side yards of .6m i.e. down from the required 3.0m to the requested 2,4m house or garage to the west and east lot lines. This letter is to let the Oro - Medonte Committee of Adjustment know that we have no objection to the request. Mr. & Mrs. R. Hekkenberg Page 127 of 138 5h) 2013 -A -19 (Wendy Camirand & Paul Brown) 17 Barrie T... December 19, 2012 To the Committee of Adjustment, Oro - Medonte; I, Larry Koza, have seen the site plan attached by Ian S. Malcolm Architect showing a variance on the east and west side yards of .6m i.e. down from the required 3.0m to the requested 2.4m house or garage to the west and east lot lines. This letter is to let the Oro - Medonte Committee of Adjustment know that we have no objection to the request. Larry Koza Page 128 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... Page 129 of 138 TOWNSHIP OF ORO-MEDONT (9:; 11, [R EEP rad ae.;r,kv. cr;ro,c r- ,,..re Appiication Flo: 2013 =A =20 7c: Committee off AdDuustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: April 18, 2013 Subject: Variance Application (Steve Craves) 1479 Line 1 South Lot 1, Concession 1 (Former Township of Oro) Motion # Roll #: 4346-010-006-04600 RMS. Bile #: D13 -44341 IRCGMC D CONDmONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Section 5.1.4 of Zoning By -law 97 -95, the proposed detached accessory building, shall otherwise comply with all other applicable provisions of the Zoning By -Law; 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision that the detached accessory building shall possess a height of no more than 5.4 metres above finished grade; 2. That the location and size of the proposed detached garage be in substantially conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. [7 ACGSOROUND: The property is currently vacant and the applicant is proposing to construct a single storey detached dwelling and single storey detached accessory building (garage) with a floor area of 93.8 square metres (1010 square feet). The dwelling was the subject of a previous Variance application 2013 -A -07 approved by the Committee of Adjustment. The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Agrucultuural /Ruural (A/IFIU) Zone Required Proposed Section 5.1.4— Maximum Height 4.5 metres 5.4 metres Deveiopment services Meeting Date Aprii 10, 2 013 Np pllicetioFr No. 2013 -A -20 Page 1 of 6 Page 129 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... Page 130 of 138 FUNA CIAL Not applicable. POUCHES /LEGISI? ATUON2 Does the variance conform to the 9enueru4 intent oa the Official Plan? The property is designated Shoreline by the Township's Official Plan. The permitted uses of the Shoreline designation include single detached dwellings and accessory buildings and Planning Staff considers the proposed detached garage to conform to the Official Plan. As the property occupies a former railway line and there is the potential for soil contamination as a result of the former railway operation, the applicant is presently taking steps to demonstrate that the property (soil, groundwater) meets Provincial standards for residential use. As the property is located along Lake Simcoe, and is within an area regulated by the Lake Simcoe Region Conservation Authority (LSRCA), this application has been circulated to staff at the LSRCA for comment. The Committee should have regard to any comments provided by the LSRCA. Does the variance meet the general intent oa the Zoning By-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Agricultural /Rural (A/RU) Zone an accessory building is permitted pursuant to Section 5.1 of the Zoning By -law. The intent of the Zoning lay -law's restriction on the height of accessory buildings is to ensure that such buildings remain secondary and subordinate the main structure and uses on the property. Considering that the applicant's proposed dwelling will be obviously larger (306 square metres or 3300 square feet) and higher (approximately 7.6 metres or 25 feet) than the proposed detached garage, Planning Staff is of the opinion that the variance meets the intent of the Zoning By -law. The variance, if approved, would not have any direct impact on the adjacent residential uses located to the east and west. 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 variance related to the proposed detached garage 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 surrounding land uses, it is considered to be minor. Development Services Meeting Date April 18, 2013 Application No. 2013 -A -20 Pave 2 of 6 Page 130 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... CONSULTATIONS: Transportation Division — Environmental Services Division - Building Department — County of Simcoe — Lake Simcoe Region Conservation Authority — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations and Floor Plan CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -20, specifically, to permit the construction of a detached garage possessing a height 5.4 metres, 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 April 18, 2013 Application No. 2013 -A -20 Page 3 of 6 Page 131 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... SCHEDULE 1: LLOC TDr� P 2013-A-20 (Grav ) Dev &popm ent Services Meeting Date Apr 1 18, 2013 ppppoatrp000 Flo. 2013-A-20 Page 4 of 6 Page 132 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... \SCHE IULEE 2: S9TE PLAN n13-A-20 (Groves) 'or= °v` x m, .... a LOT CONCESSION 1 E.P.R. sawc� �1! ti IMVM C O 1 S b 6a dbse ov SVA N`r to ,''v ` �qAS KEMPENFELT BAY JAKE MOVE Development Services Application No. 2013-A-20 Meeting Dade April 18, 2013 Page 5 e 6 Page 133 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... SCHEDULE 3e ELGVATONS , CFLO 2013-A-20 (Graves) Development Services Application No. 2013 -A -20 Meeting Date April 18, 2013 Page 6 of 6 Page 134 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... Page 135 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... Page 136 of 138 5i) 2013-A-20 (Steve Graves), 1479 Line 1 South, Lot 1, ... Page 137 of 138 5i) 2013 -A -20 (Steve Graves), 1479 Line 1 South, Lot 1, ... 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