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08 15 2013 Committee of Adjustment MinutesTratx�"siR1y 0 r.4eclante,, F }a•��rref Nt�rirrr�e, �.x� Rti� {r� �i�trrr• +r Thursday, August 15, 2013 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Present: Scott Macpherson, Chair Bruce Chappell Roy Hastings Allan Johnson Larry Tupling TIME: 10:12 a.m. Staff present: Derek Witlib, Manager of Planning; 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. CA130815 -1 Moved by Tupling, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, August 15, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, July 18, 2013. Motion No. CA130815 -2 Moved by Chappell, Seconded by Johnson It is recommended that the draft minutes of the Committee of Adjustment meeting of Thursday, July 18, 2013 be adopted as printed and circulated. Carried. Page 1 of 9 Committee of Adjustment Meeting Minutes — August 15, 2013. 5. PUBLIC MEETINGS: a) 2013 -13-16 (May Family Holdings Ltd.), 696 15/16 Side Road East, Requesting a boundary adjustment /lot addition to an adjacent residential lot (592 15/16 Side Road East). Laurie Smith, agent for the applicant, was present. Motion No. CA130815 -3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -16, 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 0.57 hectares (1.4 acres), be merged in title with the abutting lands to the south known as 592 15/16 Side Road East, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for, and obtain, an amendment to rezone to a Rural Residential Two (RUR2) that portion of the merged lands that is presently zoned Agricultural /Rural (A/RU) Zone; 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 2of9 Committee of Adjustment Meeting Minutes — August 15, 2013. b) 2013 -A -33 (Terrance and Gwendolyn Scorns), 12 Goss Road, Requesting for relief from Minimum Rear Yard. Terrance and Gwendolyn Scorns, applicants, were present. Motion No. CA130815 -4 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 33, specifically to permit a minimum rear yard of 0.7 metres for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table 131 of Zoning By -law 97 -95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single detached dwelling be located no closer than 0.7 metres from the rear (north) property 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 Nottawasaga Valley Conservation Authority; and 5. That the appropriate Site Plan Approval, zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 3 of 9 Committee of Adjustment Meeting Minutes — August 15, 2013. c) 2013 -A -34 (Brian and Cynthis Hands), Property located at the south end of Greenwood Avenue (Part of Lot 2, Concession 13 (Oro), Township of Oro - Medonte), Requesting relief from Minimum Rear Yard and Setback from EC Zone Boundary. Jim Lewis, agent, was present on behalf of the applicants. Motion No. CA130815 -5 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 34, specifically to permit a minimum rear yard of 4.0 metres and a minimum setback of 0 metres from an EP Zone Boundary, for a single detached dwelling with an attached deck, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Rear Yard) and Section 5.28 (Setbacks from Limits of Environmental Protection Zone) of Zoning By -law 97 -95, the proposed single detached dwelling with an attached deck 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 dwelling and deck be located no closer than 4.0 metres from the rear lot line); 3. That the buildings and structures on the property be generally 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 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 4 of 9 Committee of Adjustment Meeting Minutes — August 15, 2013. d) 2013 -A -35 (Claudio and Milena Del Duca), 2285 Lakeshore Road East, Requesting relief from Minimum Interior Side Yard. Claudio Del Duca, applicant, was present. Motion No. CA130815 -6 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 35, specifically to permit a minimum interior side yard of 1.5 metres for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 of Zoning By -law 97 -95, as amended, the single family dwelling shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the single family dwelling /attached garage be located no closer than approximately 1.5 metres from the south /westerly interior side lot line; 3. That the location and size of the proposed single family dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 9 Committee of Adjustment Meeting Minutes — August 15, 2013. e) 2013 -A -36 (John Wigle and Aimee Bowles), 13 Grandview Crescent, Requesting relief from Minimum Front Yard and Setback from Average High Water Mark of Lake Simcoe. John Wigle, applicant, was present. Margaret Williams, George and Dianne Hibrant, neighbours, noted their support of the application. Robert Morin questioned the required setbacks from Lake Simcoe. Motion No. CA130815 -7 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 36, specifically to permit a minimum front yard of 0 metres and a minimum setback from Lake Simcoe of 15 metres, for a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Front Yard) and Section 5.31 (Setback from Lake Simcoe) 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 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 family dwelling /attached garage be located no closer than approximately 0 metres from the front lot line and no closer than 15 metres from the High Water Mark of Lake Simcoe (219.15 m.a.s.l.); 3. That the buildings and structures on the property be generally 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; 5. That the plans approved by the Committee only include west - facing (side) garage doors and only include a westerly driveway entrance, to achieve additional parking entirely on the private property; and 6. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6of9 Committee of Adjustment Meeting Minutes — August 15, 2013. f) 2013 -A -37 (Robert and Lisa Bickle), 811 Line 9 South, Requesting relief from Minimum Front Yard and Minimum Side Yard (Lake Simcoe). Lisa Bickle, applicant, and Peter Head, builder, were present. Motion No. CA130815 -8 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 37, specifically to permit a minimum front yard of 1.0 metres and a minimum side yard from Lake Simcoe of 1.4 metres, for a boathouse, subject to the following conditions: 1. That, notwithstanding Table B1 (Minimum Front Yard and Minimum Side Yard) of Zoning By -law 97 -95, the proposed boathouse 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 boathouse be located no closer than 1.0 metres from the front lot line and no closer than 1.4 metres from interior side lot line (Lake Simcoe); 3. That the buildings and structures on the property be generally 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 for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 9 Committee of Adjustment Meeting Minutes — August 15, 2013. 6. NEW BUSINESS: a) Appointment of Deputy Secretary Treasurer. Motion No. CA130815 -9 Moved by Tupling, Seconded by Johnson It is recommended by the Committee of Adjustment that Derek Witlib be appointed as Deputy Secretary Treasurer for the Committee of Adjustment. Carried. b) 2013 Ontario Association of Committees of Adjustment and Consent Authorities Seminar, September 19 -20, 2013, Horseshoe Valley Resort. Motion No. CA130815 -10 Moved by Johnson, Seconded by Tupling It is recommended 1. That the 2013 Ontario Association of Committees of Adjustment and Consent Authorities Seminar, September 19 -20, 2013, Horseshoe Valley Resort be received. 2. And That the Committee of Adjustment recommends to Council that Scott Macpherson, Roy Hastings, Allan Johnson and Larry Tupling be authorized to attend. Carried. Page 8of9 Committee of Adjustment Meeting Minutes — August 15, 2013. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, September 19, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA130815 -11 Moved by Chappell, Seconded by Hastings It is recommended that we do now adjourn at 12:50 p.m. Carried. Scott Macph son, Chair Derek Witlib, Deputy Secretary Treasurer Page 9 of 9