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07 18 2013 Committee of Adjustment AgendaTownshi Proud Heritage, Exciting Future 1. OPENING OF MEETING: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, July 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, June 20, 2013. 5. PUBLIC MEETINGS: a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road West, Concession 3, Part of the West Half Lot 27 (Former Township of Oro), Application for relief from permitted uses, permitted locations, maximum height, maximum lot coverage and maximum floor area. 6. NEW BUSINESS: a) Correspondence dated June 17, 2013 from the Ontario Municipal Board, re: OMB Appeal, 2013 -A -18 (Wayne & Christine Lambert), 11 Palm Beach Road. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, August 15, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 1 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Thumship of Proud Heritage, Exciting Fromm THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Old Town Hall, 833 15/16 Sideroad Thursday, June 20, 2013 TIME: 10:12 a.m. Present: Scott Macpherson, Chair Larry Tupling Roy Hastings Allan Johnson Bruce Chappell Staff present: Andria Leigh, 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 meetinto order. 2. ADOPTION OF THE A a) Motion to Adopt the Agend Motion No. CA130620 -1 Moved by Johnson, Seconded by Chappell It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, June 20, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 1 of 13 Page 2 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, May 16, 2013. Motion No. CA130620 -2 Moved by Tupling, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, May 16, 2013 be adopted as printed and circulated. Carried. b) Minutes of the Special Committee of Adjustment meeting held on Monday, June 10, 2013. Motion No. CA130620 -3 Moved by Johnson, Seconded by Chappell It is recommended that the minutes of the Special Committee of Adjustment meeting of Monday, June 10, 2013 be adopted as printed and circulated. Carried. Page 2 of 13 Page 3 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. 5. PUBLIC MEETINGS: a) 2013 -B -09 (Mike Mills), 57 Line 7 North, Concession 8, Part of Lot 20, Part 1, Plan 51 R- 33801, (Former Township of Oro), Application for the creation of a new lot by way of severance. Mike Mills, applicant, was present. Carol Stevens noted concerns over the industrial zoning in an established residential area and that the natural buffer was not adequate. Motion No. CA130620 -4 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -09, for consent to sever one (1) new industrial lot and retaining one lot, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicable Development Charges Fee for the County of Simcoe and the Simcoe County District School Board, and the Simcoe Muskoka Catholic District School Board be paid to the Township of Oro - Medonte; 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; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice; and 7. That a Natural Heritage Evaluation (NHE), under the Designated Policy (DP) .25 of the Lake Simcoe Protection Plan, be prepared to the satisfaction of the LSRCA and Township. Carried. Page 3 of 13 Page 4 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. b) 2013 -B -11 (Robert and Janice Morton), 4015 Line 6 North, Concession 7, West Part of Lot 5, (Formerly Township of Medonte), Application for the creation of a new lot by way of severance. Janice Morton, applicant, was present. Motion No. CA130620 -5 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment defers Consent Application 2013- B -11, for consent to sever a new agricultural lot for a hobby farm, to provide the applicant an opportunity to meet with the County of Simcoe and the Nottawasaga Valley Conservation Authority regarding their comments. Carried. Page 4 of 13 Page 5 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. c) 2013 -B -12, 2013 -B -13 and 2013 -B -14 (Barry, Brian and Robert Rix), 1922 Warminster Sideroad, Concession 14, Part of the East Half of Lot 6 , (Former Township of Medonte), Application for the creation of a 3 new lots by way of severance, for future single detached residential uses. Barry Rix, applicant and Josh Morgan, Planner, were present. Motion No. CA130620 -6 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Applications 2013 -B -12, 2013 -B -13, and 2013 -B -14, for consent to sever three (3) new residential lots and retaining one lot, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 for each of the three (3) lots created as cash -in- lieu of a parkland contribution; 4. That the applicant pay $9,302.74 for each of the three (3) lots created as a pro -rated fee for upgrades to the municipal water system in the Warminster settlement area; 5. That all municipal taxes be paid to the Township of Oro - Medonte; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 5 of 13 Page 6 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. d) 2013 -A -13 (Jason Kho), 973 Lakeshore Road East, Concession 10, Plan 902, Lot 3, Application for relief from front yard setback and maximum floor area. Jason Kho, applicant and James Cameron, builder, were present. Michael Pape, Olga Colter and Maureen White noted their support for the application. Motion No. CA130620 -7 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -13, specifically to permit and accessory building possessing a minimum front yard setback of 2.6 metres and a maximum floor area of 134.7 square metres, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 and 5.1.6 of Zoning By -law 97 -95, the proposed detached garage shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches, including landscaping, submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing for a front yard setback of approximately 2.6 metres, and 2) verifying by way of survey /real property report, prior to pouring of the foundation, that the detached accessory building does not exceed a floor area of approximately 134.7 square metres; 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 for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 13 Page 7 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. e) 2013 -A -21 (Matthias Meyer), East side of Bass Line, Lot 2, Concession 1, Plan 51 R- 20640, Part 1 (former Township of Orillia), Application for relief from maximum floor area to construct a proposed accessory building (hobby shop). Matthias Meyer, applicant, was present. Robert Hawkins noted his support for the application. Motion No. CA130620 -8 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -21, specifically to permit an accessory building possessing a maximum floor area of 111.5 square metres (1200 square feet), subject to the following conditions: 1. That, notwithstanding Section 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 111.5 square metres. 3. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 13 Page 8 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. f) 2013 -A -27 (Norm Clarke and Lynne Larose), 1129 Line 4 North, Concession 5, Part of Lot 14, (former Township of Oro), Application for relief from permitted locations and maximum floor area for a proposed accessory building. Norm Clarke, applicant, was present. Motion No. CA130620 -9 Moved by Johnson, Seconded by Hastings That the Committee of Adjustment approve Variance Application 2013 -A -27, specifically to permit an accessory building in the front yard and possessing a maximum floor area of 92 square metres, subject to the following conditions: 1 That, notwithstanding Sections 5.1.3 and 5.1.6 of Zoning By -law 97 -95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing prior to pouring of the foundation by way of survey /real property report that the detached accessory building does not exceed a floor area of approximately 92 square metres; 4. That the applicant obtain any permits and /or approvals required, from the Nottawasaga Valley 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 for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 8 of 13 Page 9 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. g) 2013 -A -28 (Bernd Schaefers), 2233 Lakeshore Road East, Plan 952, Lot 49 (former Township of Oro), Application for relief from minimum interior side yard setback and maximum height for a proposed boathouse. Bernd and Susan Schaefers, applicants, were present. Motion No. CA130620 -10 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -28, specifically to permit a boathouse possessing a minimum interior side yard of 1 metre and a maximum height of 4.6 metres above the average high water mark of Lake Simcoe, subject to the following conditions: 1. That, notwithstanding Section 5.6 of Zoning By -law 97 -95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing prior to pouring of the foundation and 2) verifying the constructed boathouse does not exceed a height of approximately 4.6 metres above the average high water mark of Lake Simcoe (219.15 m.a.s.I.); 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 for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 9 of 13 Page 10 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. h) 2013 -A -29 (Ken and Linda Stewart), 111 Lakeshore Road East, Plan 589, Lots 11 & 20 (former Township of Oro), Application for relief from the minimum interior side yard for single detached dwelling, minimum interior side yard for boathouse and maximum width of boathouse. John Clarke, agent, was present on behalf of the applicants. Motion No. CA130620 -11 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -29, specifically to permit a minimum interior side yard of 1.5 metres for a single detached dwelling, a minimum interior side yard of 1.5 metres for a boathouse and a maximum width for a boathouse of 50 percent of the width of the lot at the average high water mark, subject to the following conditions: 1. That, notwithstanding Table B1 and Section 5.6 of Zoning By -law 97 -95, the proposed single detached dwelling and boathouse shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by pinning the footings prior to pouring of the foundation; 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 for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 10 of 13 Page 11 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. i) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road West, Concession 3, Part of the West Half Lot 27 (Former Township of Oro), Application for relief from permitted uses, permitted locations, maximum height, maximum lot coverage and maximum floor area. Tim Rainey, applicant, was present. Rachel Stirling and Frank Genovese reviewed the concerns outlined in their correspondence dated June 19, 2013. Motion No. CA130620 -12 Moved by Johnson, Seconded by Chappell It is recommended that Application 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road West be deferred as per the applicant's request. Carried. Page 11 of 13 Page 12 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. j) 2013 -B -15 (MGM Farms and Fingers Ltd.), 891 Woodland Drive, Plan 993, Lots 76 & 77 (Formerly Township of Orillia), Application for a boundary adjustment /lot addition to an adjacent vacant parcel of land, for future single detached residential use. To be heard in conjunction with 2013 -A -31 and 2013 -A -32, being applications for relief from minimum lot frontage and minimum lot area for the proposed lot. Motion No. CA130620 -13 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment defers Consent Application 2013 -6- 15 for consent for a boundary adjustment /lot addition to an adjacent vacant parcel of land for future single detached residential use, to provide the applicant an opportunity to meet with Township Staff regarding their comments. Motion No. CA130620 -14 Moved by Chappell, Seconded by Tupling It is recommended that Application 2013 -A -31 (MGM Farms and Fingers Ltd.), be deferred as per Planning Staff's recommendation. Motion No. CA130620 -1 Moved by Chappell, Seconded by Tupling It is recommended that Application 2013 -A -32 (MGM Farms and Fingers Ltd.), be deferred as per Planning Staff's recommendation. Carried. Carried. Carried. Page 12 of 13 Page 13 of 36 4a) Minutes of the Committee of Adjustment meeting held ... Committee of Adjustment Meeting Minutes — June 20, 2013. 6. NEW BUSINESS: None. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, July 18, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA130620 -16 Moved by Tupling, Seconded by Joh It is recommended that we do now adjourn at 1:12 p. Scott Macpherson, Chair Carried. Derek Witlib for the Secretary Treasurer Page 13 of 13 Page 14 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 15 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... `"i-L-P. �y p V s IV E s 0 4 0 36, 4- 0 is V.fske";;;,. �s 0,4 &� 3u '?{ F3 ENV r 4d WF'1-6',4 T_T be MIN 1111 AIM," 1 o- '"C 79■MMOAiq n iiwawwwies I i 3 CS' u' 6l 1 1 0 Page 16 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... SUBJECT PROPERTY co 106061 tf 40044£ eP! '35N1 ,� GsL 3M�MR11tl WW1 2 wan 6PM fi �3 N33M13O C` a' 01:[:1 :17; iele :$ r .015,0 a9•_ rtnc __ 59.416 4lOa(V1 $ (w x ®N4 WE6N RANGE 2 AND C P LLON PNCE BE ^to,l Page 17 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 18 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 19 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 20 of 36 5a) 2013-A-30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 21 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 22 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 23 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 24 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 25 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 26 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 27 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Page 28 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Tm<mship of (9r ztteaonte, Prowl Henrege. Grdring 1, rAre TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -30 To: Committee of Adjustment Prepared By: Andria Leigh, Director, Development Services Meeting Date: July 18, 2013 Subject: Variance Application (Tim & Donna Rainey) 2022 Ridge Road West Concession 3, West Part of Lot 27 Motion # Roll #: 4346 - 010- 007 -28900 R.M.S. File #: D13 -45831 REQUIRED CONDITIONS: IBACKGROUND: This application was previously deferred by the Committee of Adjustment on June 20, 2013 at the request of the applicant The property currently contains an existing dwelling and accessory buildings and the applicant is proposing to construct a new accessory building on the lands which are zoned Local Commercial (LC) Zone. ANALYSIS: The applicant has made the following revisions to the application: Original Application (June 2013): The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Local Commercial (LC) Zone Table A2 — Permitted Uses Section 5.1.3 — Permitted Locations Section 5.1.4 — Maximum Height Section 5.1.5 — Maximum Lot coverage Section 5.1.6 - Maximum Floor Area Revised Application (July 2013): Required Not Permitted 2.0 metres 4.5 metres 5 percent 70 square metres The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Local Commercial (LC) Zone Table A2 — Permitted Uses Section 5.1.3 — Permitted Locations (Sheds # 3 and 4) Required Not Permitted 2.0 metres Proposed Extension /enlargement of non - conforming use As existing: 0 metres, 1.2 metres & 1.4 metres 4.877 metres 9.67 percent 139.29 sq. metres Proposed Extension /enlargement of non - conforming use As existing: 0 metres, 1.2 Development Services Application No. 2013 -A -30 Meeting Date July 18, 2013 Page 1 of 7 Page 29 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... Section 5.1.5 — Maximum Lot coverage Section 5.1.6 - Maximum Floor Area 5 percent 70 square metres metres & 1.4 metres 7.69 percent 98.78 sq. metres The applicant has revised the application to reduce the proposed height to no longer require a variance. In addition the maximum floor area and setback to the rear and exterior side property lines have been increased as shown on Schedule 2. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural Settlement Area in the Township's Official Plan, and Section C3 of the Official Plan contains policies related to the use and development of lands in this designation. In Section C3.1 of the Official Plan the stated objectives of the Rural Settlement Area designation are: • To maintain and create attractive communities with suitable amenities. • To ensure that settlement areas are developed in a logical and cost effective manner. Permitted uses include low density residential uses, small scale commercial uses, including accessory buildings. The proposed accessory building is associated with a residential use on a commercial property, which would not maintain the character of the existing residential area, due its large size (floor area) and the coverage for all the accessory buildings on the property. Based on the above, the requested variances do not conform to the Official Plan. Does the variance meet the general intent of the Zoning By -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Local Commercial (LC) Zone in the Township's Zoning By -law which permits small scale commercial uses that serve the needs of the community; and therefore the existing 2 storey brick home (residential use) is a non - conforming use on the property. The accessory buildings (sheds and garages) are accessory to the non - conforming use and therefore the proposed building construction would be considered an expansion of a non - conforming use. The Zoning By -law requirements are intended to achieve relatively large landscaped yards which contribute to the low- density character of the area, as well as ensure that there is adequate space in which to provide off - street parking and amenities areas on private property. The provisions within the Zoning By -law that regulate detached accessory buildings are intended to ensure that accessory building buildings remain subordinate to the principal use or main building on the same lot. Based on the applicant's sketches, matters such as off - street parking or landscaped space are generally not expected to be negatively impacted. However, Planning Staff is of the opinion that the variances, if approved, would detract from the low- density character of the area and that the proposed accessory building would not have the appearance of being subordinate to the existing dwelling on the lands. Planning Staff has come to this conclusion based on the combination of the following factors: Development Services Meeting Date July 18, 2013 Application No. 2013 -A -30 Page 2 of 7 Page 30 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... • The increased floor area of 98.78 square metres (whereas a maximum of 70 square metres is permitted) and is in addition to the four existing accessory buildings which are proposed to be maintained; and • The increased lot coverage of 7.69 % (whereas a maximum of 5% is permitted) for all the accessory buildings; and • The number of accessory buildings on the property totaling 5. In Planning Staff's opinion, the cumulative effect of all of the above -noted factors would make the proposed accessory building the most dominant structure on the subject lands, rather than a subordinate building to the existing dwelling. The applicant has revised the application to reflect an increased rear yard setback and also to re- orient the building within the property in order to address the concerns identified at the last meeting by the abutting neighbour. In addition, the applicant has reduced the height and floor area of the garage from the original application in order to reduce the visual impact (massing) of the garage when viewed from the road and the rear yard. Planning staff recognizes that the location of the proposed accessory building is in the rear yard however the property does has an exterior side yard abutting Line 2 South. It is evident that there is an existing wood fence and vegetative buffer along the property lines which would partially screen the building from adjacent properties to assist in mitigating the visual impacts of the proposed building; however the lands are located within an established settlement of Shanty Bay with a character of low density development, with open landscaped yards which generally adhere to the zoning standards. Notwithstanding the mitigating factors, the applicant's proposed building has the potential to alter the character of the neighbourhood, and planning staff is unable to support the application as proposed. Based on the above, Planning Staff is of the opinion that the requested variances would not conform to the general intent of the Zoning By -law and are not appropriate for the desirable development of the lot. is the variance minor? The requested variances, if approved, would result in an accessory building that would be substantially larger and out of proportion with the surrounding area, and that would become the dominant rather than subordinate building on the lot. For these reasons the variances, when considered together, are not minor. ICONSULTATIONS: Environmental Services Division— no concerns. Building Division— no concerns. County of Simcoe — Lake Simcoe Region Conservation Authority - IATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations & Floor Plan Development Services Application No. 2013 -A -30 Meeting Date July 18, 2013 Page 3 of 7 Page 31 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... ICONCLUSION: i It is the opinion of the Planning Department that Variance Application 2013 -A -30 should BE REFUSED, for the reasons that it does not meet the general intent of the Official Plan and the Zoning By -law, it is not appropriate for the desirable development of the lot and it is not minor. Respectfully submitted: Andria Leigh, MCIPORPP Director, Development Services Development Services Meeting Date July 18, 2013 Application No. 2013 -A -30 Page 4 of 7 Page 32 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... SCHEDULE 1: LOCATION MAP 2013 -A -30 (Rainey) Development Services Meeting Date July 18, 2013 Application No. 2013 -A -30 Page 5 of 7 Page 33 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... 1,06 SCHEDULE 2: SITE PLAN (PROPOSED) 2013 -A -30 (Rainey) ■ thCf 1.73 a.QS:, i c. c re t S,,cr. 2 IF ,i9 Subjeef ?r-axr -} Sep et4irotefno4 iw• 9 14ed't 4 -9.2q M Z r, 21 fM P ‘Ned*3/1 29 N.` t.2t9.' g +,l y, Sept-1-4.1•A A am+ xi-'s1.4 •lead L•cr. o.28J' a.� va 9.1,49c_ 4cac4• I;, 233 ,...w;d� (o -0 ITT -1" L IA- r 2022 .RfDeE. RC A410_ Sif414SY MY 0T 1R.ho lo 4d 20 30 4-o t4, sC 6 Development Services Application No. 2013 -A -30 Meeting Date July 18, 2013 Page 6 of 7 Page 34 of 36 5a) 2013 -A -30 (Tim and Donna Rainey), 2022 Ridge Road Wes... SCHEDULE 3: ELEVATIONS AND FLOOR PLAN (PROPOSED) 2013 -A-30 (Rainey) = ALA "Ft. Se-Ale sec�b�ir ( /o� s. F. Tc,,, M ti Ci FA -.r y "� = Ilstv,rsaymi2 ( /.13.V7 )€ . }c t,7 'I ( /•-b s.r7 icige, �(2 $aog ll+� " VIS 1- uSS'eS v4 nth; Slab l= L EVA T 1 Q M tee _; LI Tom coesr r .t .Gradc✓ rs3sEf7 5TCR GC S[hcan{ y Pya 4Zhirraz Nay 2l., za t 3 42 . [' � g„, Development Services Application No. 2013 -A -30 Meeting Date July 18, 2013 Page 7 of 7 Page 35 of 36 L n 31,' -0- 9-1.4-.., c,9t4 _ove_rhveud I Dcpr 5, le 57 t1 e4s�- C2!et 10'0�1 v .n / ( . O _ i a.8 i3 •. 2,t3 _(2'_8' Lo .7 1 = ALA "Ft. Se-Ale sec�b�ir ( /o� s. F. Tc,,, M ti Ci FA -.r y "� = Ilstv,rsaymi2 ( /.13.V7 )€ . }c t,7 'I ( /•-b s.r7 icige, �(2 $aog ll+� " VIS 1- uSS'eS v4 nth; Slab l= L EVA T 1 Q M tee _; LI Tom coesr r .t .Gradc✓ rs3sEf7 5TCR GC S[hcan{ y Pya 4Zhirraz Nay 2l., za t 3 42 . [' � g„, Development Services Application No. 2013 -A -30 Meeting Date July 18, 2013 Page 7 of 7 Page 35 of 36 6a) Correspondence dated June 17, 2013 from the Ontario ... June 17, 2013 Sandy Spattz Administration Office 148 Line 7 South, Oro Oro - Medonte, ON LOL 2X0 Phone: (705) 487 -2171 Fax: (705) 487 -0133 E -mail: sspattz @oro- medonte.ca CONFIRMATION OF HEARING ROOM ARRANGEMENTS CASE NUMBER: PL130508 FILE NUMBER: PL130508 PROPERTY LOCATION: 11 Palm Beach Road CASE TITLE: A & V Palmeri 1 Palm Beach Road FIRST DAY OF HEARING: WEDNESDAY 28 -AUG -2013 10:00 AM TOTAL HEARING LENGTH: 1 Day(s) HEARING LOCATION: Administration Office Council Chambers 148 Oro - Medonte Line 7 South, Oro Oro - Medonte, ON LOL 2X0 RETIRING ROOM: COUNCIL OFFICE PLEASE NOTE: Along with the use of a Hearing Room the Board requests that the Board Member be provided with a separate room in order to have a place for private deliberation on cases before them. The Hearing Room and the separate Room should be accessible 1/2 hour prior to the designated hearing time. The Board Member will check in at Reception or General Enquiry upon arrival at the venue. Please ensure that staff is aware of the Board hearing being conducted and the arrangements that have been made. No change in venue or room location should be made without first consulting the Board. Thank you for your assistance. Intia Henriques Tel: (416) 314 -3607 SR 1 /Hearing Page 36 of 36