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10 17 2013 Committee of Adjustment MinutesAvid Her tf�e , E;'xfiting �`rrzowe Thursday, October 17, 2013 Present: Scott Macpherson, Chair Bruce Chappell Roy Hastings Allan Johnson Larry Tupling THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers TIME: 9:33 a.m. Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator; Josh Mueller, Intermediate Planner 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. CA131017 -1 Moved by Tupling, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, October 17, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: a) Minutes of Committee of Adjustment meeting held on Thursday, September 19, 2013. Motion No. CA131017 -2 Moved by Johnson, Seconded by Hastings It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, September 19, 2013 be adopted as printed and circulated. Carried. Page 1 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. 5. PUBLIC MEETINGS: a) 2013 -B -18 (Marcie and Jeff Binnie), 2027 Line 9 North, Application to adjust the boundaries of two existing two lots. Marcie and Jeff Binnie, applicants, were present. Mark Scharf, neighbour, requested clarification on the application. Craig Palmer, neighbour, noted possible increase in noise traffic, and objected to the expansion of the mineral aggregate pit. Motion No. CA131017 -3 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -13-18, 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 31.4 hectares (77.7 acres), be merged in title with the abutting lands to the west, 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: a) Rezone that portion of the severed lands in the Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone to an Agricultural /Rural (A/RU) Zone; b) Rezone the retained lands from a Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone to an Rural Residential Two (RUR2) Zone; c) Amend the Mineral Aggregate Resource One Exception One Hundred Twenty -six (MAR *126) (H) Zone and the Mineral Aggregate Resource One Exception One Hundred Twenty -seven (MAR *.127)(H) Zone to remove provisions related the development of an adjacent golf course. 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 2 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. b) 2013 -B -19 (Skyline Horseshoe Valley Inc.), 1101 Horseshoe Valley Road, Application requesting consent to sever a new lot, to register a mortgage /charge with respect to the new lot and create an easement for the purposes of access and parking. Dan Piggott and Matthias Schlaepfer, agents, were present on behalf of the applicant. Motion No. CA131017 -4 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment defers Application 2013 -B -19, until such a time that the Council of the Township of Oro - Medonte has made a decision on the Rezoning Application. Defeated. Motion No. CA131017 -5 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Applications 2013 -B -19 for consent to sever one (1) lot together with an easement, and consent to register a mortgage /charge, 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 obtain an amendment to the Zoning By -law to rezone the severed parcel to recognize frontage on a private road and parking concerns; 4. That all municipal taxes be paid to the Township of Oro - Medonte; 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 applicant submit a Stormwater Management Report to the satisfaction of the County of Simcoe, as per the County of Simcoe's correspondence dated October 16, 2013. Carried. Page 3 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12, Application for Validation of Title over lands. Lisa Madden, agent, was present on behalf of the applicant. Motion No. CA131017 -6 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -20, 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 4 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. d) 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 was previously the subject of a Public Meeting on September 19, 2013 at which no decision was made with respect to the application. John Boville, applicant, and Michelle Cutts, planner, were present. Helen MacRae, representing the Horseshoe Valley Property Owners Association ( "HVPOA "), noted that the HVPOA received many complaints regarding the size of the sign, that the character's face on the sign is no longer rural, and if planning principle is to save trees then the sign should not have been there to begin with. She added that last month's decision to approve 2013 -A -43, but a non - decision for 2013 -A -42, was noted by the Chairperson as a compromise for the applicant however, the sign in application 2013 -A -42 is surrounded by residential properties whereas 2013 -A -43 is not. Susan Stanbury questioned why staff's report did not address that this was a request indeed for forgiveness rather than a variance. She noted that the application is a result of staff error, however, the residents are left with the result being a large visual distraction. Motion No. CA131017 -7 Moved by Chappell, Seconded by Johnson 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: 1. 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 "; 2. That the variance is granted only for the existing sign structure on the lands and not for any new or replacement sign structures; 3. 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. Page 5 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. e) 2013 -A -44 (1452711 Ontario Limited), Property located on the south side of Moonstone Road East, east of Ellen Drive (Concession 9, Part of Lot 15), Application for relief from Temporary Construction & Sales Uses - Permitted - One (1) model home. Doug Reid, applicant, and Rick Jones, planner, were present. Motion No. CA131017 -8 Moved by Tupling, Seconded by Hastings It is recommended by the Committee of Adjustment that Variance Application 2013 -A -44 be approved, specifically, to permit the construction of two additional model homes on future Lots 6 & 7 within a proposed plan of subdivision, for the reason that the application appears to meet the four tests of the Planning Act. Carried. Page 6 of 9 Committee of Adjustment Meeting Minutes — October 17, 2013. f) 2013 -A -45 (Eric and Nancy Brophy), 16 Dorthy's Drive, Application for relief from Rear lot line setback for accessory building and Exterior side yard for accessory building. Eric Brophy, applicant, and Rob Suddaby, agent, were present. Motion No. CA131017 -9 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 45, specifically to permit to construct a detached accessory building (garage) 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 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the accessory building be located no closer than approximately 1.55 metres from the northerly rear lot line, and no closer than approximately 6.4 metres from the easterly exterior side lot line; 4. Final occupancy of building permit will not be granted until the three existing detached accessory buildings are removed from site; 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 — October 17, 2013. 6. NEW BUSINESS: a) Correspondence dated September 26, 2013 from the Ontario Municipal Board, re: OMB Decision, 2013 -A -18 (Christine and Wayne Lambert), 11 Palm Beach Road. Motion No. CA131017 -10 Moved by Tupling, Seconded by Chappell It is recommended that the correspondence dated September 26, 2013 from the Ontario Municipal Board, re: OMB Decision, 2013 -A -18 (Christine and Wayne Lambert), 11 Palm Beach Road be received. Carried. b) By -Law No. 2013 -182, A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. Motion No. CA1 31 01 7 -1 1 Moved by Tupling, Seconded by Hastings It is recommended that By -Law No. 2013 -182, A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte be received. Carried. Page 8of9 Committee of Adjustment Meeting Minutes — October 17, 2013. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, November 21, 2013 at 9:30 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA131017 -12 Moved by Tupling, Seconded by Chappell It is recommended that we do now adjourn at 12:47 p.m. Scott Macpherson, Chair Carried. Derek Witlib, Deputy Secretar reasurer Page 9 of 9