09 19 2013 Committee of Adjustment Minutes- •ors,; �,
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Thursday, September 19, 2013
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
TIME: 10:01 a.m.
Present: Scott Macpherson, Chair
Roy Hastings
Allan Johnson
Larry Tupling
Regrets: Bruce Chappell
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. CA130919 -1
Moved by Hastings, Seconded by Tupling
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
September 19, 2013 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
4. ADOPTION OF MINUTES:
a) Minutes of the Committee of Adjustment meeting held on Thursday, August 15, 2013.
Motion No. CA130919 -2
Moved by Tupling, Seconded by Johnson
It is recommended that the draft minutes of the Committee of Adjustment meeting held on
Thursday, August 15, 2013 be adopted as printed and circulated.
Carried.
b) Minutes of the Special Committee of Adjustment meeting held on Friday, September 6,
2013.
Motion No. CA130919 -3
Moved by Johnson, Seconded by Hastings
It is recommended that the draft minutes of the Special Committee of Adjustment meeting
held on Friday, September 6, 2013 be adopted as printed and circulated.
Carried.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
5. PUBLIC MEETINGS:
a) 2013 -13-17 (1500494 Ontario Inc.),
8980 Highway 12,
Application to obtain easements for drainage and access.
Lisa Madden, agent, was present.
Motion No. CA130919 -4
Moved by Tupling, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional consent to
Application 2013 -13-17, for a Validation of Title, subject to the following conditions:
1. That one copy of a Registered Reference Plan indicating the subject parcel be
submitted to the Secretary- Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed Certificate of
Validation for the subject parcel, for review by the Municipality; and
3. 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
Committee of Adjustment Meeting Minutes — September 19, 2013.
b) 2013 -A -38 (Murray and Raemonda Irwin),
125 Old Barrie Road West,
Application for relief from Setback from EP Zone Boundary.
Murray and Raemonda Irwin, applicants, were present.
Doug Coughlin, neighbour, asked how the Environment Zone was identified on the
property.
Gary Hadley, neighbour, asked if the decision of today sets a precedent for any future
applications.
Motion No. CA130919 -5
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment approve Variance Application 2013 -A-
38, specifically to permit an agricultural building (drive shed) possessing a reduced
minimum setback to the Environmental Protection (EP) Zone of 10 metres, subject to the
following conditions:
1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, the proposed agricultural
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 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.
Carried.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
c) 2013 -A -40 (Mobile Car Crushers Inc.),
445 Line 4 South,
Application for relief from Non - Conforming Uses.
Josh Morgan, Planner, was present.
Motion No. CA130919 -6
Moved by Johnson, Seconded by Tupling
It is recommended that the Committee of Adjustment approve Variance Application 2013 -A-
40, specifically to permit the expansion of an existing non - conforming use with floor area
increase of 334 m2 (approx. 3595 feet2)
1. That, notwithstanding Section 5.18 of Zoning By -law 97 -95, all buildings and structures
on, and the use of the subject property, shall otherwise comply with all other applicable
provisions of the Zoning By -Law;
2. That the owner of the property at 445 Line 4 South; Concession 5, South Part Lot 23;
Roll no. 4346- 010- 008 - 10500) apply for, and enter into a Site Plan Agreement with
Council for the Township, or revise the existing Site Plan Agreement, for the existence
of, and expansion to, the non - conforming use and the non - complying building, on the
subject property, pursuant to Section 2.3 of By -Law 2009 -062 (Site Plan Control By-
law).
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., and after Site Plan Approval is granted
by the Township.
Carried.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
d) 2013 -A -41 (Braestone Development Corporation),
3009 Line 8 North,
Application for relief from Temporary Construction & Sales Uses.
Eldon Theodore, Planner, was present.
Allan Baker, representing the Jarret Coulson Group, objected to the application on the basis
that OMB conditions have not been completed by the developer. He reviewed the significant
wetlands in the area and the effects of development on those wetlands, and that the proposed
development is against agricultural requirements in the Township's Official Plan.
Bryan Nykoliation, developer, provided an overview of how the land came to merge and the
proposed development of the land.
John Hare, neighbour to the proposed development, noted a discrepancy in the advertising by
the developer and builder.
Joanne Pryde, neighbour to the proposed development, asked questions to the developer
regarding proposed fencing, snowmobile trails and potential road paving.
Motion No. CA130919 -7
Moved by Hastings, Seconded by Tupling
It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -41,
specifically to permit the construction of two model homes on the subject lots.
1. That the two proposed model homes be built on proposed Lots 3 and 4 as identified on the
applicants plan.
2. That the setbacks for the model homes be in conformity with the Residential One Exception
75 Holding Provision (R1 *75 H) Zone in Zoning By -Law 97 -95, as amended;
3. That all other forms of development associated with the model homes be in conformity with
the applicable Zoning By -Law 97 -95, as amended;
4. That, prior to the issuance of any building permit(s) for the construction the model homes
within the subject lands, the applicant shall:
a) Construct that section of the future public road, from Line 9 North to the westerly limit of
proposed Lot 4, to be operated and maintained solely at the cost and responsibility of
the developer /owner, to provide access to the model homes until such as time the road
is assumed by the Township; and
b) Install a private temporary well, to be operated and maintained solely at the cost and
responsibility of the developer /owner, to provide water to the two model homes until
such time as connection to a municipal piped water service is available.
5. That the appropriate zoning certificate(s) and building permit(s) be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
e) 2013 -A -42 (John Boville),
Property located at the east side of Line 4 North (south of Horseshoe Valley Road West),
Application for relief from Minimum Front Yard.
Application 2013 -A -42 was dealt with in conjunction with Application 2013 -A -43.
Michelle Cutts, Planner, was present.
Helen MacRae, representing the Horseshoe Valley Property Association ( "HVPOA "),
reviewed the concerns listed in a letter sent to Andria Leigh, Director of Development
Services, undated (sent possibly to the Township in June 2013) and signed by Shauna
Tozser, President of the HVPOA.
Susan Stanbury, noted that the signs are simply for advertising purposes and do not direct
any potential home buyers into the appropriate area. She added that the size and
advertising materials are a distraction when driving.
Allan Baker noted that there should be enforcement provisions such as fines or removal of
the signs.
Motion No. CA130919 -8
Moved by Tupling, Seconded by Macpherson
It is recommended that the Committee of Adjustment denies Variance Application 2013 -A-
42 as it does not meet the four tests of the Planning Act.
Lost.
Motion No. CA130919 -9
Moved by Johnson, Seconded by Hastings
It is recommended that the Committee of Adjustment approve Variance Application 2013 -A-
42, specifically to permit the location of existing Billboard Sign at a 3.8 metre front yard
setback, subject to the following conditions:
2.
3.
That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard
Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as
well as By -law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising
Devices ";
That the variance is granted only for the existing sign on the lands and not for any new
or replacement signs.
That the appropriate zoning certificate and sign 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.
Lost.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
f) 2013 -A -43 (John Boville),
Property located at the west side of Line 3 North (south of Horseshoe Valley Road West),
Application for relief from Minimum Front Yard.
Application 2013 -A -43 was dealt with in conjunction with Application 2013 -A -42.
Motion No. CA130919 -10
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approve Variance Application 2013 -A-
43, specifically to permit the location of existing Billboard Sign at a 3.8 metre front yard
setback, subject to the following conditions:
2
3.
That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard
Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as
well as By -law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising
Devices ";
That the variance is granted only for the existing sign on the lands and not for any new
or replacement signs.
That the appropriate zoning certificate and sign 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.
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Committee of Adjustment Meeting Minutes — September 19, 2013.
6. NEW BUSINESS:
a) Group discussion on the impact of a recent OMB decision.
Motion No. C130919 -11
Moved by Tupling, Seconded by Hastings
It is recommended that the group discussion on the impact of a recent OMB decision be
deferred.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, October 17, 2013 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. C130919 -12
Moved by Johnson, Seconded by Tupling
It is recommended that we do now adjourn at 1:29 p.m.
Scott Macphers6n. Chair
Carried.
Carried.
3r
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