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11 21 2013 Committee of Adjustment Minutes7"n�rmsl�ep �,j` Proud Hcrrtrxgc, Exrrtiog Future Thursday, November 21, 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: 9:35 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. CA131121 -1 Moved by Hastings, Seconded by Tupling It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, November 21, 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, October 17, 2013. Motion No. CA131121 -2 Moved by Johnson, Seconded by Hastings It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, October 17, 2013 be adopted as printed and circulated. Carried. Page 1 of 6 Committee of Adjustment Meeting Minutes — November 21, 2013. 5. PUBLIC MEETINGS: a) 2013 -13-21 (Steve Graves), 1479 Line 1 South, Application for a boundary adjustment/lot addition to the adjacent residential parcel of land (west side) in order to allow for a more accessible driveway entrance. Rob Suddaby, agent, was present. Motion No. CA131121 -3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -13-21, for a boundary adjustment, 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 0.06 hectares (0.15 acres), be merged in title with the abutting lands to the west (1489 Line 1 South), 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 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 6 Committee of Adjustment Meeting Minutes — November 21, 2013. b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan), 5071 Highway 11 North, Request for relief from Non - conforming Uses. Janice and Ken Brennan, applicants, was present. Motion No. CA131121 -4 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 - A-46, specifically to permit expansion of a non - conforming use, subject to the following conditions: 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 applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority; 3. That the owner of the property at 5071 Highway 11 North apply for, and enter into a Site Plan Agreement with Council for the Township 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). 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, and the owner has entered into a Site Plan Agreement. Carried. Page 3 of 6 Committee of Adjustment Meeting Minutes — November 21, 2013. c) 2013 -A -47 (Kenneth & Michelle Tudhope), 8936 Highway 12, Request for relief from Home Occupation not to occupy more than 50% of accessory building; No more than one (1) employee who is not a resident of the dwelling; No outdoor storage /display; and No sale of a commodity not produced on the premises. Michelle Tudhope, applicant, was present. Motion No. CA131121 -5 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment approve Variance Application 2013 - A-47, specifically to permit the continued use of an accessory building for the purposes of a retail store subject to the following conditions: 1. 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; 2. That the owner of the property at 8936 Highway 12 apply for, and enter into a Site Plan Agreement with Council for the Township for the existence and operation of a retail store and a home occupation 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 the owner has entered into a Site Plan Agreement. Carried. Page 4 of 6 Committee of Adjustment Meeting Minutes — November 21, 2013. 6. NEW BUSINESS: a) Appointment of Chair for the 2014 Term. Motion No. CA131121 -6 Moved by Johnson, Seconded by Chappell It is recommended by the Committee of Adjustment that Roy Hastings be appointed as Chair of the Committee of Adjustment for the 2014 Term. Carried. b) Appointment of Vice Chair for the 2014 Term. Motion No. CA131121 -7 Moved by Hastings, Seconded by Johnson It is recommended by the Committee of Adjustment that Bruce Chappell be appointed as Vice Chair for the Committee of Adjustment for the 2014 Term. Carried. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, December 19, 2013 at 9:30 a.m. Page 5 of 6 Committee of Adjustment Meeting Minutes — November 21, 2013. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA131121 -8 Moved by Chappell, Seconded by Hastings It is recommended that we do now adjourn at 10:22 a.m. Scott Macpherson, Chair Carried. :r Page 6 of 6