11 21 2013 Committee of Adjustment AgendaPage
Township of
Proud Heritage, Exciting Future
1. OPENING OF MEETING:
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING AGENDA
COUNCIL CHAMBERS
Thursday, November 21, 2013
TIME: 9:30 a.m.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. ADOPTION OF MINUTES:
3 - 11 a) Minutes of Committee of Adjustment meeting held on Thursday, October 17,
2013.
5. PUBLIC MEETINGS:
12 - 20 a) 9:30 a.m.
2013 -B -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.
21 - 39 b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),
5071 Highway 11 North,
Request for relief from Non - conforming Uses.
40 - 58 c) 10:00 a.m.
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.
6. NEW BUSINESS:
a) Appointment of Chair for the 2014 Term.
Page 1 of 58
b) Appointment of Vice Chair for the 2014 Term.
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, December 19, 2013 at 9:30 a.m.
9. ADJOURNMENT:
a) Motion to Adjourn.
Page 2 of 58
4.a) Minutes of Committee of Adjustment meeting held on Thur...
7'rtrvtmr p n
Proxrd Heritrrrc, Exrhiow Fri
Thursday, October 17, 2013
Present:
Staff 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.
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
17, 2013 be received and adopted.
or the Committee of Adjustment meeting of Thursday, October
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. ADOPTION OF MINU
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.
Carried.
Page 1 of 9
Page 3 of 58
4.a) Minutes of Committee of Adjustment meeting held on Thur...
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 -B -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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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.
Motion No. CA131017 -5
Moved by Tupling, Seconded by Johnson
Defeated.
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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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. CA131017 -11
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 8 of 9
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4.a) Minutes of Committee of Adjustment meeting held on Thur...
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.
Carried.
Scott Macpherson, Chair Derek Witlib, Deputy Secretary Treasurer
Page 9 of 9
Page 11 of 58
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
Page 12 of 58
TOWN SSHIIP OF ®l O -M DONTL
REPORT
Apapiicatuooi No:
2013 -B -21
To: Committee of Adllaostmmerot
prepared Ey:
Adrianna Spinosa,
Manner
Meeting Date:
November 21, 2013
Subject: Consent Application
2013 -B -21 (Steven Graves),
1479 Line 1 South
Concession 1, Part Lot 1, RP 51R27431
(Former Township of Oro)
Motion #
Roil #:
4343 =010 - 006 -04300
R.r.M.S. (pile #:
01046635
REQU RE® CONDITIONS:
The following conditions are required to be imposed on the Committee's decision on Consent
Application 2013 -B -21:
1. That one copy of a Registered Reference Plan for the subject and 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 Mlunlcipaiity;
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.
KGFROUND:
BACKGROUND:
The purpose of this report is to consider Consent application 2013 -B -21 which proposes to permit a
boundary adjustment.
The subject property (1479 Line 1 South) is currently vacant however, the applicant is in the process
of obtaining a building permit for a residential dwelling. The lands have approximately 139 metres
(456 feet) of frontage along Line 1 and a lot area of approximately 0.67 hectares (1.65 acres).
The lands proposed to be severed (shown as Part 1 on the applicant's sketch) would have a lot
frontage of 26.4 metres (86.6 feet), lot depth of 30.48 metres (100 feet), and a lot area of 0.06
hectares (0.15 acres) is intended to be merged with an adjacent residential lot known as 1489 Line 1
South. The lands proposed to be retained (shown as Part 2 on the applicant's sketch) would have a
lot frontage of 126 metres (413.5 feet), lot depth of 30.48 metres (100 feet), and a lot area of 0.4
hectares (1 acre).
Development Services Meeting Date: November 21, 2013
Application No. 2013-B-21 Page 1 off 4
Page 12 of 58
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
Page 13 of 58
r ALYSos:
The lands proposed to be severed are located on the westerly side of the subject lands, directly
beside the existing residential lot that they intend to be conveyed to, municipally known as 1489 Line
1 South. The lands comprise an area of 0.06 hectares (0.15 acres) and currently sit vacant.
No new lot is being proposed to be created as a result of the proposed boundary adjustment. The
applicant has stated that the purpose for the application is to move the driveway at the existing
residential lot, 1489 Line 1 South. Planning staff notes upon site visit, that the existing driveway
design is irregular and poses difficulties with the slope of the land and the layout of the existing
entrance /driveway.
F iANICAAL:
Potential financial and legal implications should the decision of the Committee of Adjustment be
appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision.
POUClES /LEGMLATl0N:
Townshl •: Off c al Nan
The lands subject to this application are designated Shoreline according to the Township's Official
Plan. Section D2.2.2 of the Official Plan which contains provisions which permit a consent for the
purpose of modifying a lot boundary.
"A consent may be permitted for the purpose of modifying lot boundaries, provided no
new building lot is created. In reviewing an application for such a boundary adjustment,
the Committee of Adjustment shall be satisfied that the boundary adjustment will not
affect the viability of the use of the properties affected as intended by this Plan. In
addition, the Committee of Adjustment shall be satisfied that the boundary adjustment
will not affect the viability of the agricultural parcels affected."
As no new building lot will be created and the land to be conveyed is not suitable or used for
agricultural purposes Planning Staff is of the opinion that this application conforms to the Official Plan.
Townsll r� ®avloomt e, -aw
The lands proposed to be severed /conveyed are zoned Agricultural /Rural (A/RU) in the Township's
Zoning By -law. The residential lot that the severed lands will be merged with are zoned Shoreline
Residential Exception 138 (SR *138). The provisions of the A/RU Zone include a minimum lot frontage
of 45.0 metres and a minimum lot area of 0.4 hectares, making the retained parcel in compliance.
The size of the parcel located at 1489 Line 1 South currently appears to be in compliance with the
SR *138 provisions and as such, the merge of the additional lands will not impose a situation of non -
compliance.
Planning Staff notes that although the boundary adjustment will impose a split zone for 1489 Line 1
South, it will not compromise the residential use of either properties or create an undesirable
development situation. Therefore, Planning Staff does not see it as necessary for the applicant to
rezone the lands into a single zoning category at this time.
Development Services Meeting Date: November 21, 2013
Application No. 2013-B-21 Pave 2 of 4
Page 13 of 58
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
County of Simcoe Official Plan
The subject lands are in the area designated Rural and Agricultural according to the County of
Simcoe's Official Plan. Section 3.3. of the County's Official Plan contains General Subdivision and
Development Policies and specifically, Section 3.3.4 states that:
"[consents] for the purpose of boundary adjustment and consolidation of land holdings are
permitted but shall not be for the purpose of creating new lots except as otherwise permitted in
this Plan, "and continues to states that "[all] lots created shall conform to all applicable
municipal policies and bylaws."
Since the proposed boundary adjustment would not result in the creation of a new lot, would conform
to the Township's Official Plan, and would not introduce any, or lead to an increase in an existing,
situation of non - compliance with the Zoning By -law, the proposal is considered to conform to the
County's Official Plan.
Provincial Policies
Provincial Policy Statement, 2005 (PPS, 2005), Growth Plan for the Greater Golden Horseshoe
(Places to Grow), and Lake Simcoe Protection Plan (LSPP). With respect to the Places to Grow and
LSPP policies of the Province of Ontario, Planning staff notes that these documents do not contain
provisions for boundary adjustments.
Planning Staff is of the opinion that the proposal conforms to Provincial Policies.
CONSULTATIONS:
Environmental Services Division —
Transportation Services Division —
Building Division —
County of Simcoe —
Lake Simcoe Region Conservation Authority —
ATTACHMENTS:
Schedule # 1 — Location Map
Schedule # 2 — Survey
ICONCLUSION:
Planning Staff recommends that Consent Application 2013 -B -21, be approved, subject to the
recommended conditions of consent, for the reasons that the application conforms the Township's
Official Plan and Zoning By -law.
Respectfully su
Adrianna Sp osa
Planner
itted:
Reviewed by:
Andria Leigh, MCIP, f4PP
Director, Development Services
Development Services
Application No. 2013 -B -21
Meeting Date: November 21, 2013
Page 3 of 4
Page 14 of 58
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
FHENSEL00S, BE 2240 10
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SCHEDULE 1: LOCATOO
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SCHEDULE 2: SURVEY
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COUNTY ROAD NO. 20
(KNOW AV RODGE ROAD
50553 - 0106 (L7)
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6. 1761.64
AIM. 30564 - 0079 (L7) PART 2
PART 3, PLAN 51R — 27431
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Development SerN4ces
Applpcaguon No. 2013=
=21
Meeting g Date: November 21, 2013
Page 4 of 4
Page 15 of 58
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
5.a) 9:30 a.m.2013 -B -21 (Steve Graves),1479 Line 1 South, Ap...
i THE CORPORATION OFrlE TOWNSHIP OF ORO MEDONTE
I° PO Box 100, Oro, ON, LOL 210, (705) - 487 -2171, www,oro- medontecn
November 7, 2013 Application: 2013 -B -21
Meeting
Date:
NOTICE OF PUBLIC MEETING
FOR CONSENT APPLICATION
November 21, 2013
Time: 9:30 a.m.
Location: COUNCIL CHAMBERS
Administration Building
148 Line 7 S
Oro, Ontario
LOL 2X0
PURPOSE OF APPLICATION
A Consent application has been
submitted by Steven Graves for a
property located at 1479 Line 1 South,
requesting consent 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.
TH
CONSERVATION AUTHORITY WAS
REVIEWED THIS APPLICATION AND'
N., DETERMINED THAT WE HAVE
ENO OBJ I TO ITS APPROVAL
fir p111I NJZo 13
1
4, .
SUBJ�CT LANO&Uge- fs�uu,)
The lands proposed to be severed (Part 1 would have a of frontage of 26.4 metres (86.6 feet); lot
depth of 30.48 metres (100 feet); and a lot area of 0.06 hectares (0.15 acres). The lands to be retained
(Part 2) have a lot frontage of 126 metres (413.5 feet); a lot depth of 30.48 metres (100 feet); and a lot
area of 0.4 hectares (1 acre) for a future residential dwelling. The applicant proposes that the severed
lands (Part 1) will be merged with the existing residential property to the west.
HAVE YOUR SAY
Input on the application is welcome and encouraged. You can provide input by speaking at the public
meeting or by making a written submission to the Township. If you do not attend the public meeting, it
may proceed in your absence and, except as otherwise provided in The Planning Act, you will not be
entitled to any further notice in the proceedings.
WRITTEN SUBMISSION
To provide input in writing or to request written notice of the decision of the Township of Oro- Medonte,
please send a letter or e-mail (aleiah( oro- medonte.ca) to the Secretary- Treasurer of the Committee
of Adjustment.
We would appreciate receiving any written comments from the public and agencies regarding this
application by November 15, 2013, however any comments received up to and including at the Public
Meeting will be thoroughly considered.
If you do not make written submission to the Township of Oro - Medonte before a decision on the
Consent is provided and subsequently submit an appeal of the decision, the Ontario Municipal Board
may dismiss the appeal.
MORE INFORMATION
For further information please contact the Secretary- Treasurer of the Committee of Adjustment during
regular office hours Monday to Friday 8:30 a.m. to 4:30 p.m.
A copy of the Staff Report will be available to the public on November 18, 2013 on the Township's
Web Site: www.oro - medonte.ca or from the Development Services Department.
Derek Wiitlib
Deputy Secretary- Treasurer of the Committee of Adjustment
Page 20 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
C4s�a%.�Il do,ite
Noild /7n/rgq�• E'wNriq F n o,
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
2013 -A -46
To: Committee of Adjustment
Prepared By:
Derek Witlib, Manager
Planning Services
Meeting Date:
November 21, 2013
Subject: Variance Application
(2041063 Ontario Ltd.)
5071 Highway 11 North
Concession 14, East Part Lot 16
(Former Township of Oro)
Motion #
Roll #:
4346 -010- 012 -34400
R.M.S. File #:
D13 46666
IREQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
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.
BACKGROUND:
The subject property occupies an area of approximately 12.1 hectares (30.5 acres), has extensive
frontage along Highway 11 North and is irregular in depth). The subject property presently contains
two buildings that house a number of commercial and industrial uses. According to the applicant, the
lands have been in commercial and industrial use for more than 50 years.
The applicant is proposing to construct a 347 square metre (3731 square feet) addition to an existing
557 square metre (6000 square feet) building. The addition is described as additional storage and
office space.
ANALYSIS:
The purpose of this report is to consider Minor Variance Application 2013 -A -46, for relief from the
Township's Comprehensive Zoning By -Law in relation to expanding a non - conforming use. The
applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95:
Development Services
Application No. 2013 -A -46
Meeting Date: November 21, 2013
Page 1 of 8
Page 21 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
Zone: Rural Industrial (IR) Zone
Section 5.18 — Non - Conforming
Uses
Required
Use of lands in conformity with
the provisions of Zoning By -law
97 -95.
Proposed
Expansion of non - conforming
use with floor area increase of:
347 square metres (3731 square
feet).
IFINANCIAL:
Potential financial and legal implications should the decision of the Committee of Adjustment be
appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision.
IPOLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The subject property is located in the Agricultural designation in the Township's Official Plan. Section
C1.1 of the Official Plan states that the objectives of this designation include "to maintain ... the
agricultural resource base of the Township .. , to protect land suitable for agricultural production from
development and land use unrelated to agriculture ... to promote the agricultural industry ... [and] to
preserve and promote the agricultural character of the Township ... ". Section C1.2 of the Official Plan
states that the "principle use of land in the Agricultural designation ... shall be agriculture", and states
that "[all] existing commercial and industrial uses are also permitted." A wrecking yard is not a
permitted use according to the Official Plan.
It appears that the lands and buildings have been used for a variety of commercial and /or industrial
use since prior the Township's current Official Plan and Zoning By -law. Section E1.5 of the Official
Plan contains provisions related to "Non- Conforming Uses" and, specifically, Section E1.5.2 , the
"Role of the Committee of Adjustment" states that "the Committee of Adjustment may ... allow
extensions to a non - conforming use ... [in consideration of] the following:"
"a) The size of the extension in relation to the existing operation,'
It is noted that the proposed addition represents an expansion of the building onto a portion of
the lands that is already being used as a graveled parking and outdoor storage area, but does
not represent an expansion of the developed area of the property.
"b) Whether the proposed extension is compatible with the character of the surrounding area,'
In this regard it is noted that, the proposed expansion is to take place to the rear of an existing
building and would be largely obstructed from view from Highway 11 North. The subject
property is relatively large and partially treed, with no immediately neighbouring buildings or
uses that would be impacted by the addition. Although the addition is of a substantial size in
relation to the existing buildings on the lands, the proposed extension of the non - conforming
use is not anticipated to result in an increase in any potential incompatibility of the existing use
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -46 Page 2 of 8
Page 22 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
with the character of the surrounding area. The location is well- separated from surrounding
uses and already has a commercial and industrial character.
"c) The characteristics of the existing use in relation to noise, vibration, fumes, dust, smoke,
odours, lighting and traffic generation and the degree to which any of these factors may be
increased or decreased by the extension;'
With respect to this point, the applicant has advised that the proposed addition represents an
enlargement of the applicants heating and cooling business which, to Planning Staff's
knowledge has not generated any nuisance effects.
"d) The possibilities of reducing these nuisances through buffering, building setbacks,
landscaping, Site Plan Control and other means to improve the existing situation, as well as
minimize the problems from extension; and,"
In this regard it is noted that, pursuant to Section 2.3 of the Township's Site Plan Control Area
By -law, By -law 2009 -062, "All commercial and industrial uses permitted by way of an exception
in Section 7.0 of By -Law 97 -95, as amended, an all legal non- conforming industrial and
commercial uses in any Zone are also subject to Site Plan Control." Therefore, it is
recommended that, if the Committee of Adjustment decides to grant approval to Variance
Application 2013 -A -46, the applicant be required to apply for, and enter into, a Site Plan
Agreement with Council prior to obtaining the applicable Zoning Certificate and Building Permit
for the proposed building. Development details such as emergency access to the building
would be addressed through the Site Plan Approval process.
"e) The conformity of the proposal with the applicable by -laws and policies of the County of
Simcoe."
Pursuant to Schedule 5.1 of the County of Simcoe's Official Plan, "Land Use Designations ",
the subject property is in the Rural & Agricultural designation in the County's Official Plan.
Section 3.6.7 of the County's Official Plan states that "[single] industrial uses are generally not
permitted outside of settlements, business parks, or Special Development Area designations".
Section 3.3.9 of the County's Official Plan, however, states that "[this] Plan is not intended to
prevent the continuation, expansion ... of legally existing uses which do not conform to the
designations of this Plan."
On this basis, the proposed variance is considered to generally conform to the general intent of the
Township's Official Plan.
Does the variance meet the general intent of the Zoning By -law, and is the variance
appropriate for the desirable development of the lot?
The subject property is zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP)
Zone in the Township's Zoning By -Law 97 -95. The existing buildings and the proposed addition are
all within the Agricultural /Rural (A/RU) Zone. Permitted uses in the Agricultural /Rural (A/RU) Zone do
not include the current commercial and industrial uses of the lands. The subject lands are currently
the subject of a Temporary Use By -law to permit: Meeting and Special Event facilities (Banquet Hall),
Mobile /Modular Home Sales Establishment, Trailer /Recreational Vehicle Sales Establishment (for a
maximum of 15 units), Motor Vehicle Sales Establishment (for a maximum of five (5) vehicles),
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -46 Page 3 of 8
Page 23 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
Auction Centre, Building Supply Outlet, and Outdoor Displays, for a period of 3 years ending in
November 2016.
Section 5.18 of Zoning By -Law 97 -95 states that "No lands shall be used and no building or structure
shall be used except in conformity with the provisions of this By -law unless such use existed before
the date of passing this By -law and provided that it has continued and continues to be used for such
purpose, and that such use, when established, was not contrary to a By -law passed under Section 34
of the Planning Act, R.S.O 1990, c.P. 13 or a predecessor thereof that was in force at that time." The
intent of Section 5.18 of the Zoning By -law is to ensure that existing non - conforming uses on
properties in the Township may not be expanded, such that such expansion may result in an increase
in a degree of incompatibility or in any adverse impacts, and that such expansion may not take place
without appropriate buffering and mitigation of any negative impacts between such a use, and
neighbouring land uses.
A site visit of the subject property revealed that the location of the proposed expansion of the existing
non - conforming use is significantly obstructed from view of neighbouring properties by existing
vegetative buffers, and also obstructed from view of Highway 11. On the basis that the proposed
expansion will be significantly screened and separated from neighbouring properties and from
Highway 11, and as the proposed expansion is not expected to have an adverse impact on the
character of the surrounding area, Planning Staff considers the proposed variance to meet the
general intent of the Official Plan and Zoning By -Law and considers the addition to be appropriate for
the desirable development of the lot.
Are the variances minor?
For the reasons discussed above, the proposed variance is not considered to have an adverse
impact on immediately surrounding land uses or on the character of the surrounding area. Therefore
the proposed variance is considered to be minor.
ICONSULTATIONS:
• Transportation Division —
• Environmental Services Division —
• Building Division-
• Fire and Emergency Services —
• Lake Simcoe Region Conservation Authority -
• Ministry of Transportation -
IATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Site Plan
Schedule 4: Floor Plan and Elevations
Development Services
Application No. 2013 -A -46
Meeting Date: November 21, 2013
Page 4 of 8
Page 24 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
CONCLUSION:
In the opinion of the Planning Department, the proposed variance in Variance Application 2013 -A -46,
specifically, to permit the construction of a building addition on the subject property, constituting the
expansion of a non - conforming use in accordance with Section 5.18 of Zoning By -law 97 -95, meets
the four tests of the Planning Act.
Respectfully submitted:
')i<_ Derek Witlib, MCIP, RPP
Manager, Planning Services
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -46 Page 5 of 8
Page 25 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
SCHEDULE 1: LOCATION MAP
2013 -A -46 (2041063 Ontario Ltd.)
r
CON 14 E PT LOT 16 RP;51R30258 PART 1 & 2
5071 HIGHWAY 11 N
SUBJECT PROPERTY
1516 SIDEROAD E
111Pr
Development Services
Meeting Date: November 21, 2013
Application No. 2013 -A -46 Page 6 of 8
Page 26 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
SCHEDULE 2: AERIAL PHOTO
2013 -A -46 (2041063 Ontario Ltd.)
SUBJECT AREA MAP
C
ofA File 2013 - A- 46
Application fora Minor Variance
5071 Highway 11 North
Meeting Date: November 21, 2013
SUBJECT PROPERTY
SCALE : 1: 3500
Development Services
Application No. 2013 -A -46
Meeting Date: November 21, 2013
Page 7 of 8
Page 27 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
SCHEDULE 3: SITE PLAN
2013 -A -46 (2041063 Ontario Ltd.L
LOCATION OF ADDITION
SCHEDULE 4: FLOOR PLANS AND ELEVATIONS
2013 -A -46 (2041063 Ontario Ltd.)
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Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -46 Page 8 of 8
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Z ;,i
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2013 -A -46
111.1111111111k .,
TOWNSHIP OF ORO- iviEix)NTE
APPLICATION FOR MINOR VARIANC'T - -- -
(under Section 45 of the Planning Act)
LOT: 16 CON. NO.: 19
MUNICIPAL ADDRESS: 5071 Highway 11
CgTCCrenor r
�TAR.11gyp \J' / \/ MEETING DATES Nov. 21, 1013 cerysK
7owruhip ofOm-pnoonm
RITY - _
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5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
THE CORPORATION OF 1 HL TOWNSHIP OF ORO-MEDONTE
PO Box 100, Oro, ON, LOL 2X0, (705)- 487 -2171, mtnv.oro- meda8e.cn
November 7, 2013
Meeting
Date:
NOTICE OF PUBLIC MEETING
FOR MINOR VARIANCE APPLICATION
November 21, 2013
Time: 9:30 a.m.
Location: COUNCIL
CHAMBERS
Administration
Building
148 Line 7 S
Oro, Ontario
LOL 2X0
PURPOSE OF APPLICATION
An application has been
submitted by 2041063 Ontario
Ltd. (Janice Brennan), for a
property located at 5071 Highway
11 North, requesting the following
variance from Zoning By -law 97-
95:
i" THE LAKE SIMCOE REGION
CONSERVATION AUTHORITY HAS
REVIEWED THIS APPLICATION AND
DETERMINED THAT WE HAVE
NO OBJ I j o rrS APPROVAL
�llc'LA oNTE zc t1
Zone: Agricuitu al /Rural (A/RUl
SIGNATURE
5.18 Non - conforming Uses
Application: 2013 -A -46
CON 14EPTLOTI6RP;51R30258PART1 &2
5071 HIGHWAYII N
SUBJECT PROPERTY
t NIS 9OERO.O E
Required
Expansion of non-
conforming use not
permitted.
Proposed
Addition to existing
commercial /industrial
building
The variance is requested to permit an addition measuring approximately 28 metres by 12 metres (91
feet by 41 feet), for storage and office purposes, to an existing non - conforming building.
HAVE YOUR SAY
Input on the application is welcome and encouraged. You can provide input by speaking at the public
meeting or by making a written submission to the Township. If you do not attend the public meeting, it
may proceed in your absence and, except as otherwise provided in The Planning Act, you will not be
entitled to any further notice in the proceedings.
WRITTEN SUBMISSION
To provide input in writing or to request written notice of the decision of the Township of Oro - Medonte,
please send or e-mail (aleioh(a�oro- medonte.ca) a letter to the Secretary- Treasurer of the Committee
of Adjustment.
We would appreciate receiving any written comments from the public and agencies regarding this
application by November 15, 2013, however any comments received up to or at the November 21,
2013 public meeting will be considered.
Page 38 of 58
5.b) 2013 -A -46 (2041063 Ontario Ltd. - Janice Brennan),5071 ...
Leigh, Andria
From: lannacito, Phil (MTO) <Phil.lannacito @ontario.ca>
Sent: Tuesday, November 19, 2013 3:39 PM
To: Leigh, Andria
Cc: Polus, Asia (MTO)
Subject: 2013 -A- 46/5071 Hwy 11 North, Oro - Medonte
Hi Andria,
I have reviewed the request for minor variance and offer the following comments:
• MTO has no objections to the minor variance.
• An MTO Building and Land Use permit will be required prior to the start of construction.
Please instruct the applicant to contact me directly with respect to the application form, fee and review process.
Thanks,
P.
Phil lannacito, BA (hons.)
Permits Officer / Simcoe
Ministry of Transportation
Central Region Corridor Management Section
1201 Wilson Ave., 7th Floor Bldg D
Downsview ON M3M 1J8
phil.iannacito@ontario.ca / (416) 235 -4592
1
Page 39 of 58
5.c) 10:00 a.m.2013 -A -47 (Kenneth & Michelle Tudhope),8936 H...
T ugh `�O /tie.
Prod AeNivgr, Exiling Future
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
2013 -A -47
To: Committee of Adjustment
Prepared By:
Derek Witlib, Manager
Planning Services
Meeting Date:
November 21, 2013
Subject: Variance Application
(Kenneth & Michelle Tudhope)
8936 Highway 12
Concession 1, North Part Lot 2
(Former Township of Orillia)
Motion #
Roll #:
4346 - 030 - 010 -02000
R.M.S. File #:
D13 46893
IREQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
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.
IBACKGROUND:
The subject property occupies an area of approximately 2.22 hectares (5.49 acres), has a frontage of
approximately 101.5 metres (333 feet) along Highway 12 and a depth of approximately 251 metres
(825 feet). The subject property presently contains a single detached dwelling, and accessory
building that is being uses as a retail store and a number of temporary storage structures.
Immediately surrounding land uses consist of residential uses. Some commercial and industrial uses
are located further to the west on Highway 12.
The applicant has requested the variance to allow for the continued use of an accessory building for
the purposes of a retail store which sells antiques and home decor items. According to the applicant,
some the items offered for sale are produced or refurbished on the premises. The applicant advises
that approximately 75% of the business is associated with the refurbishing of antique furniture /items
and the other 25% of the business is associated with the sale of home decor and local artisan items.
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47
Page 1 of 10
Page 40 of 58
5.c) 10:00 a.m.2013 -A -47 (Kenneth & Michelle Tudhope),8936 H...
IANALYSIS:
The purpose of this report is to consider Minor Variance Application 2013 -A -47, for the following relief
from the Township's Comprehensive Zoning By -Law:
Section 5.12
Home Occupations:
5.12(e)
5.12(g)
5.12(h)
5.12(j)
Required
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
No sale of a commodity not
produced on the premises
Proposed
Occupy 100% of building
One (1) additional
employee who is not a
resident
Outdoor storage /display
Sale of items not
produced on the
premises
IFINANCIAL:
Potential financial and legal implications should the decision of the Committee of Adjustment be
appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The subject property is located in the Restricted Rural designation according to Schedule `A' to the
Township's Official Plan. Section C6.1 of the Official Plan states that the objectives of this
designation include "To discourage the development of scattered residential, commercial and
industrial uses in the area surrounding Barrie and Orillia... [and] To maintain and preserve the rural
character of the area by clearly defining the urban boundary of the Cities of Barrie and Orillia."
preserve and promote the agricultural character of the Township ... ". Section C6.2 of the Official Plan
states that the "principle use of land... shall be agriculture. Other permitted uses include single
detached dwellings, bed and breakfast establishments..., hope occupations, home industries subject
to Section C1.3.5, portable asphalt plants and seasonal home grown produce stands."
In the opinion of Planning Staff the applicant's use of an accessory building for retail sales goes
beyond the permissions associated with a home occupation, but does not approach the potential
scale, intensity or impacts that might be associated with some kinds of home industries. The
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47
Page 2 of 10
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applicant's use appears to fall between a home occupation and a home industry and as, such, the
Official Plan's policies for evaluating home industries in the Restricted Rural designation are useful for
the evaluation of this application for Minor Variance. These policies and Planning Staff's commentary
are provided below:
With respect to home industries, Section C6.3.3 states that:
"Home industries are .small-scale industrial uses that are accessory
to agricultural operations or single detached dwellings on large rural
lots. These uses should not detract from the primary use of the
property for agricultural or residential purposes. Home industries
may include welding, carpentry or machine shops, or agriculturally
related uses that involve the processing of regionally produced
agricultural crops or other products. The accessory retail sales of
products produced in the home industry is also permitted. The
repair, storage or sale of motor vehicles is not considered to be a
home industry. Home industries may be permitted, subject to re-
zoning, provided Council is satisfied that:
a) the building housing the home industry is located within the existing
farm - building cluster, if located on a farm property;
Not applicable.
b) the home industry has a floor area that is consistent with the scale
of uses on the property;
Since the applicant is utilizing an existing accessory building, there
has been no increase in floor area or change in the historic scale of
the buildings on the property.
c) the home industry and any activity area associated with the home
industry is set back from all lot lines by at least 30 metres;
The building in which the business is located is approximately 10
metres from the northerly property Pone. The setbacks well exceed
30 metres on the remaining 3 sides.
d) the noise, dust and odour that could potentially emanate from the
use will not have an adverse impact on adjacent properties;
These nuisance factors are not anticipated from the applicant's
business.
e) the type and level of traffic generated by the use is compatible with
the character of the area and the function of adjacent roads;
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47 Page 3 of 10
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Traffic from the business has the potential to negatively effect the
use and enjoyment of surrounding properties, particularly the
residential property to the north. The existing driveway, the
entrance at Highway 12 and the on -site parking area may not be
adequate for commercial use. Based on discussions with the
applicant and the small scale nature of the current business, there
appears to be sufficient parking on site for 8 vehicles; however an
increase in commercial use could impact the level of traffic and the
compatibility with the surrounding residential uses. The Committee
should have regard to any comments that may be received from the
Ministry of Transportation in this regard.
f) the operator of the home industry resides on the property;
The applicant resides in the dwelling on the property.
g) all machinery and equipment, with the exception of motor vehicles,
required for the home industry is located within enclosed buildings;
There does not appear to be any machinery or equipment
associated with the applicant's business.
h) any open storage associated with the home industry is screened
from view and located within a fenced compound;
The applicant displays outdoors some items for sale, but these are
screened by the trees on the property and are not visible from the
highway or from neighbouring properties. The outdoor display
areas would be identified and limited in regards to location and
screening through site plan approval.
i) the home industry has a limited number of employees; and,
1)
The applicant has requested permission for a maximum total 2
employees beyond those that reside on the property.
any retail component of the home industry is clearly accessory to
the home industry and does not detract from the primary use of the
property.
According to the applicant, the business includes the sale of crafts
and antiques produced /refurbished on -site, as well as the retail sale
of complimentary goods that are not produced on the premises.
Retail sales appear to be the main use of the accessory building,
but as a whole, the property maintains a rural character, largely due
to the mature trees on the lands and the applicant's efforts to give
the business a rustic, rural appearance. In Planning Staff's opinion,
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47 Page 4 of 10
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5.c) 10:00 a.m.2013 -A -47 (Kenneth & Michelle Tudhope),8936 H...
the business itself does not detract from the primary residential use
of the property. However, there are a number of temporary storage
structures, containers and other items stored outdoors beside the
business which do detract from the character of the property and
give the impression of items that would have been otherwise
contained within the accessory building, if not for the business
occupying that space. Through discussions with the applicant one
container is located on site for storage associated with the retail
business. Any such structures would be required to be identified
and limited through the Site Plan Approval.
The development of a new home industry shall be subject to Site
Plan Control. In addition, such a use may require a license in
accordance with the Municipal Act."
The use of Site Plan control regulate matters such as parking,
signage, vehicle access and outside storage and display would
assist in achieving and ensuring compatibility with surrounding
properties and preserving the rural residential character of the
subject property.
On this basis, Planning Staff is of the opinion that the proposed variances could conform to the
general intent of the Township's Official Plan if the use and appearance of the property was further
regulated by Site Plan Control.
Does the variance meet the general intent of the Zoning By -law, and is the variance
appropriate for the desirable development of the lot?
The subject property is zoned Residential One (R1) Zone according to the Township's Zoning By -Law
97 -95. The permitted uses of the R1 Zone include single detached dwellings and home occupations.
Section 5.12 of the Zoning By -law contains the following provisions for the regulation of home
occupations:
"5.12 HOME OCCUPATIONS
Where a home occupation is permitted in a Zone, the home
occupation:
a) shall clearly be a secondary use of the lot;
b) shall be conducted entirely within a detached accessory
building and /or the main building on the lot;
c) shall be conducted by at least one of the residents of a
dwelling unit located on the same lot;
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47 Page 5 of 10
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5.c) 10:00 a.m.2013 -A -47 (Kenneth & Michelle Tudhope),8936 H...
d) shall not occupy more than 35 percent of the gross floor area
of the dwelling unit, if the home occupation is contained in a
dwelling unit in the main building on the lot;
e) shall not occupy more than 50 percent of the gross floor area
of a detached accessory building in the Residential One
(R1), Residential Two (R2), Rural Residential One (RUR1),
Rural Residential (RUR2), Shoreline Residential (SR) and
the Residential Limited Service (RLS) Zones and 100% of a
detached accessory building in the Agricultural /Rural (A/RU)
Zone, if the home occupation is contained within a detached
accessory building;
f) shall not create noise, vibration, fumes, odour, dust, glare or
radiation which is evident outside the dwelling unit;
g) shall not employ more than one employee who is not a
resident of the dwelling unit;
h) shall not involve the outdoor storage or outdoor display of
materials or finished products;
i) shall not involve the repair or maintenance of motor vehicles;
j) shall not consist of an occupation that involves the sale of a
commodity not produced on the premises, except that
telephone or mail order sales of goods is permitted; and,
k) shall not require receipt or delivery of merchandise, goods or
equipment by other than a passenger motor vehicle or by
parcel or letter carrier mail service using motor vehicles
typically employed in residential deliveries."
Planning Staff noted during a site visit to the lands that the buildings on the property are well set back
from Highway 12 and are hidden within the many trees on the property. As a result, the applicant's
property does not outwardly possess a commercial appearance, with the exception of the large sign
located at the driveway entrance. The applicant has advised that approval for the sign was obtained
from the Ministry of Transportation (email dated June 21, 2012 from Phil lannacito) and the necessary
permit from the Township for the sign was also obtained (Permit # BL 0033 -12). Outwardly, the
applicant's business does not significantly alter the character of the property.
Once inside the property, the character of the property remains residential and rural, due to the steps
that the applicant has taken steps to decorate the business in such a way as to possess a rustic and
rural character. As such the business blends in with the rural residential character of the lands and
with the surrounding area. The applicant has confirmed that the nature of the outdoor display and
sales will continue with the current context and location in front of the existing accessory building and
Development Services Meeting Date: November 21, 2013
Application No. 2013 -A -47 Page 6 of 10
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5.c) 10:00 a.m.2013 -A -47 (Kenneth & Michelle Tudhope),8936 H...
on the porch of the accessory building. As stated in the report, one of the conditions will be the
requirement to enter into a site plan agreement which will clearly identify and located within the
property matters such as: outdoor display, signage, parking, and outdoor storage areas.
Through further discussions with the applicant, the primary operation of the business include the
refurbishing restoration, enhancement of antique furniture /items with the balance of the business
being associated with the sale of items produced by local artisan's and
Are the variances minor?
Planning Staff is of the opinion that the through the use of Site Plan Control, the Township could work
with the applicant to implement measure that would ensure that the use of the lands does not have an
adverse impact on immediately surrounding and uses or on the character of the surrounding area or
enjoyment of surrounding properties. Therefore the proposed variance is considered to be minor,
subject to Site Plan Control.
ICONSULTATIONS:
• Transportation Division —
• Environmental Services Division —
• Building Division-
• Fire and Emergency Services —
• Ministry of Transportation -
1 ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicant's Site Plan
ICONCLUSION:
In the opinion of the Planning Department, the proposed Variance Application 2013 -A -47, specifically
to permit the continued use of an accessory building for the purposes of a retail store selling
refurbished antiques and home decor items on the subject property, constituting a home occupation
in accordance with Section 5.12 of Zoning By -law 97 -95, meets the four tests of the Planning Act.
Respectfully submitted:
Derek Witlib, MCIP, RPP
Manager, Planning Services
Development Services
Application No. 2013 -A -47
Meeting Date: November 21, 2013
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SCHEDULE 1: LOCATION MAP
2013 -A -47 (Kenneth and Michelle Tudhope)
Development Services
Application No. 2013 -A -47
Meeting Date: November 21, 2013
Page 8 0110
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SCHEDULE 2: AERIAL PHOTO
2013 -A -47 (Kenneth and Michelle Tudhope)
SUBJECT AREA MAP
C ofA File 2013 -A -47
Application for a Minor Variance
8936 Highway 12
Meeting Date: November 21. 2013
SUBJECT PROPERTY
SCALE : 1: 2000
Development Services
Application No. 2013 -A -47
Meeting Date: November 21, 2013
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SCHEDULE 3: SITE PLAN
2013 -A -47 (Kenneth and Michelle Tudhope)
1 01.5-6 M
333.20'
JziC
4-40.
w �
3
A µ
b,1. -, 9(5 d21
107 d0 1a't/ cit
Development Services Meeting Date: November 21, 2013
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Witlib, Derek
•
--%6
From: King, Bobbi
Sent: Tuesday, November 19, 2013 4:41 PM
To: Spinosa, Adrianna
Cc: Witlib, Derek
Subject: RE: Request for Comments: Committee of Adjustment Notices
2013 -A -47
Building Division Comments
• Engineering required for additions
• Engineer to verify 2"6 storey /loft floor adequate for commercial use/ intended use
• Permit required for Change of use from Group C ancillary building to Group E retail
o Washrooms
o Barrier free
o Emergency lighting /exit signage
All to be addressed
2013 -A -46
Building Division comments
• If the total building size exceeds 600m2 in building area then on site water supply for firefighting will be required
or the addition will need to be
Separated by firewall
2013 -B -21
No comments
Bobbi King
Chief Building Official
Township of Oro - Medonte
From: Spinosa, Adrianna
Sent: Thursday, November 07, 2013 4:04 PM
To: Ball, Jerry; MacGregor, Fred; McNiven, Lisa; King, Bobbi
Cc: Witlib, Derek
Subject: Request for Comments: Committee of Adjustment Notices
Please find attached for your review Notices for the applications to be considered by the Committee of Adjustment on
November 21, 2013. Your comments would be appreciated before November 15, 2013 for inclusion in the staff report,
but any comments provided right up until the meeting will be considered.
Thank you,
Adrianna Spinosa
Planner
1
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Witlib, Derek
From: lannacito, Phil (MTO) <Phil.lannacito @ontario.ca>
Sent: Tuesday, November 19, 2013 4:18 PM
To: Leigh, Andria
Cc: Polus, Asia (MTO)
Subject: 2013 -A- 47/8936 Hwy 12, Oro - Medonte
Hi Andria,
I have reviewed the request for minor variance and offer the following comments:
• Assuming that the site /property is zoned "residential /agricultural ", the entrance from Hwy 12 cannot be used,
or upgraded, for commercial uses.
• If the applicant proposes to construct additional buildings on this site, an MTO Building and Land Use permit
will be required prior to the start of construction.
Please advise the applicant accordingly. If you have any questions, please call.
Regards,
P.
Phil lannacito, BA (hons.)
Permits Officer / Simcoe
Ministry of Transportation
Central Region Corridor Management Section
1201 Wilson Ave., 7th Floor Bldg D
Downsview ON M3M 1J8
phil.iannacito@ontario.ca / (416) 235 -4592
1
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