06 20 2013 Committee of Adjustment MinutesTownship
proud Hcr%l,�ge, Exrifioiq Future
Thursday, June 20, 2013
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Old Town Hall, 833 15/16 Sideroad
Present: Scott Macpherson, Chair
Larry Tupling
Roy Hastings
Allan Johnson
Bruce Chappell
TIME: 10:12 a.m.
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 meeting to order.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
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.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
Carried.
Page 1 of 13
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
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
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
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
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
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
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
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.l.);
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
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
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
Committee of Adjustment Meeting Minutes — June 20, 2013.
j) 2013 -I3 -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 -13-
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.
Carried.
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 -15
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.
Page 12 of 13
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 Johnson
It is recommended that we do now adjourn at 1:12 p.m.
Carried.
Scott Ma7llerson, Cha' Derek Witlib for the Secretary Treasurer
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