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02 20 2014 Committee of Adjustment AgendaPage Township of The Township of Oro-Medonte Committee of Adjustment Meeting Agenda '�- Council Chambers Proud Heritage, Exciting Future 1. OPENING OF MEETING: Thursday, February 20, 2014 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 - 10 a) Minutes of Committee of Adjustment meeting held on Thursday, January 23, 2014. 5. PUBLIC MEETINGS: 11 - 23 a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall), 111 Lakeshore Road West, Application for relief from Minimum Interior Side Yard Setback and Setback from Average High Water Mark of Lake Simcoe. 24 - 37 b) 9:45 a.m.: 2014-A-02 (Rosemary Cheung), 45 Goss Road North, Application for relief from Minimum Front Yard Setback and Minimum Interior Side Yard. 38 - 48 c) 10:00 a.m.: 2014-A-03 (Grant & Hannah Abel), 199 Medonte Side Road 2, Application for relief from Maximum Height of Accessory Building and Maximum Floor Area of Accessory Building. 49 - 60 d) 10:15 a.m.: 2014-A-04 (Chris Schroeter), 49 Windfield Drive, Application for relief from Maximum Floor Area of Accessory Building and Minimum Interior Side Yard Setback. 6. NEW BUSINESS: Page 1 of 60 None. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, March 20, 2014 at 9:30 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Domship y to }road Heritage Exciting Frrrrrrc The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Thursday, January 23, 2014 Time: 9:38 a.m. Present: Roy Hastings, Chair Scott Macpherson Allan Johnson Larry Tupling Regrets: Bruce Chappell Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator; Josh Mueller, Intermediate Planner 1. Opening of Meeting: Roy Hastings assumed the Chair and called the meeting to order. 2. Adoption of the Agenda: a) Motion to Adopt the Agenda Motion No. CA140123-1 Moved by Macpherson, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, January 23, 2014 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 4 Page 3 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... 7'ntrl e dnte, Proud Heritage, Exciting Frrrrrrc Thursday, January 23, 2014 Present: Roy Hastings, Chair Scott Macpherson Allan Johnson Larry Tupling Regrets: Bruce Chappell The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Time: 9:38 a.m. Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator; Josh Mueller, Intermediate Planner 1. Opening of Meeting: Roy Hastings assumed the Chair and called the meeting to order. 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. Motion No. CA140123-1 Moved by Macpherson, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, January 23, 2014 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 4 Page 4 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 4. Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, December 19, 2013. Motion No. CA140123-2 Moved by Macpherson, Seconded by Tupling It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, December 19, 2013 be adopted as printed and circulated. Carried. The Committee recessed at 9:43 a.m. and reconvened at 10:02 a.m. Page 2 of 4 Page 5 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 5. Public Meetings: a) 2013-A-53 (Robert & Janice Morton), 4015 Line 6 North, Application for relief from Minimum Lot Size for Agricultural Uses. Robert & Janice Morton, applicants, were present. Motion No. CA140123-3 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment grants provision consent to Application 2013-B-11, for the creation of a lot, subject to the following conditions: 1. That one copy of a Registered Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor and be submitted to the 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 pay $ 2,000.00 to the Township for the retained lot created as cash - in -lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the applicant apply for and obtain approval of a Minor Variance to permit a lot size of less than 2 hectares for a hobby farm on the severed parcel; 6. That the Township apply a holding ("H") provision on the retained lot to control future development; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Motion No. CA140123-4 Moved by Macpherson, Seconded by Johnson Carried. It is recommended that the Committee of Adjustment approve Variance Application 2013- A-53, specifically to permit a minimum lot area of 1.5 hectares for a hobby farm, subject to the following condition: 1. That, notwithstanding Table B4 (A) of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By -Law. Carried. Page 3 of 4 Page 6 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 6. New Business: None. 7. Notice of Motion: None. 8. Next Meeting Date: Thursday, February 20, 2014 at 9:30 a.m. 9. Adjournment: a) Motion to Adjourn. Motion No. CA140123-5 Moved by Tupling, Seconded by Johnson It is recommended that we do now adjourn at 10:35 a.m.. Carried. Roy Hastings, Chair Derek Witlib, Deputy Secretary Treasurer Page 4of4 Page 7 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 4. Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, December 19, 2013. Motion No. CA140123-2 Moved by Macpherson, Seconded by Tupling It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, December 19, 2013 be adopted as printed and circulated. Carried. The Committee recessed at 9:43 a.m. and reconvened at 10:02 a.m. Page 2 of 4 Page 8 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 5. Public Meetings: a) 2013-A-53 (Robert & Janice Morton), 4015 Line 6 North, Application for relief from Minimum Lot Size for Agricultural Uses. Robert & Janice Morton, applicants, were present. Motion No. CA140123-3 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment grants provision consent to Application 2013-B-11, for the creation of a lot, subject to the following conditions: 1. That one copy of a Registered Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor and be submitted to the 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 pay $ 2,000.00 to the Township for the retained lot created as cash - in -lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the applicant apply for and obtain approval of a Minor Variance to permit a lot size of less than 2 hectares for a hobby farm on the severed parcel; 6. That the Township apply a holding ("H") provision on the retained lot to control future development; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Motion No. CA140123-4 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013- A-53, specifically to permit a minimum lot area of 1.5 hectares for a hobby farm, subject to the following condition: 1. That, notwithstanding Table B4 (A) of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By -Law. Carried. Page 3 of 4 Page 9 of 60 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — January 23, 2014. 6. New Business: None. 7. Notice of Motion: None. 8. Next Meeting Date: Thursday, February 20, 2014 at 9:30 a.m. 9. Adjournment: a) Motion to Adjourn. Motion No. CA140123-5 Moved by Tupling, Seconded by Johnson It is recommended that we do now adjourn at 10:35 a.m. Carried. Roy Hastings, Chair Derek Witlib, Deputy Secretary Treasurer Page 4of4 Page 10 of 60 1:9Township of Proud Nrritage% arriting Fiswrr 5.4rdifQgwp:dp1a M N nne Beardsall),111 Lakesh... REPORT Application No: 2013-A-52 To: Committee of Adjustment Prepared By: Adrianna Spinosa Planner Meeting Date: February 20, 2014 Subject: Variance Application (David & Anne Beardsall) 111 Lakeshore Road West CON 7 PLAN 755 LOT 44 (Former Township of Oro) Motion # Roll #: 4346-010-009-36200 R.M.S. File #: D13-47076 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B1 (Minimum Side Yard) and Section 5.31 (Setback from Lake Simcoe) of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That 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; 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 by way of survey/real property report, prior to pouring of the foundation, that the single detached dwelling be located no closer than 1.2 metres from the interior side yard lot line; 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. BACKGROUND: The property currently contains a 1 -storey single detached dwelling — to be demolished. The applicant is now proposing to construct a new 2 -storey single detached dwelling. ANALYSIS: The applicant is requesting the following relief from Zoning By-law 97-95: Zone: Shoreline Residential (SR) Table B1 — Minimum Required Interior Side Yard Section 5.31 — Setback from Average High Watermark of Lake Simcoe Required 3.0 metres 20.0 metres Proposed 1.2 metres 17.5 metres Development Services Application No. 2013-A-52 Meeting Date February 20, 2014 Page 1 of 6 Page 11 of 60 FINANCIAL: 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakes Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. POLDCDES/LEODSLATDORD Does the variance conform to the general intent of the Official plain? The subject lands are designated Shoreline in the Township's Official Plan, and Section C5 of the Official Plan contains policies related to the use and development of lands in this designation. Single detached residential uses are permitted in the Shoreline designation and one of the Official Plan's stated objectives of the Shoreline designation is "To maintain the existing character of the predominantly residential area." Based on the above, the requested variances are considered to conform to the Official Plan. Does the varuar ce meet the general intent of the Zonuorg By -la ffor the dlesurable development of the lot? w✓ , and us the varlancce appropr ate The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By-law and the SR Zone permits single detached dwellings. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres is intended to provide spatial separation between neighbouring dwellings, as well as provide ease of access and maintenance on a lot. Planning Staff have inspected the subject Bands and observed that neighbouring lots along the south side of Lakeshore Road West have relatively narrow side yard setbacks and the proposed variance is consistent with the existing development. The Zoning By-law's requirement for a minimum 20.0 metre setback from the average high watermark of Lake Simcoe is intended to maintain an attractive waterfront and potentially reduce the impacts of development on the natural features of the shoreline area. Approval of such relief is subject to concurrence from the Lake Simcoe Region Conservation Authority. Planning Staff is of the opinion that in this case there will be no significant impact on adjacent properties or on the neighbourhood as a whole subject to approval being obtained from the LSRCA. The variance requested for the side yard and high watermark setbacks, would still allow for adequate access around the building and Planning Staff is of the opinion that the variance maintains the general intent of the Zoning By-law and is appropriate for the desirable development of the lot. Ds the variance minor? As the proposed variances related to the single detached dwelling are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, are considered appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Development Services Meeting Date February 20, 2014 Appiicatioro No. 2013-A-52 (Page 2 of 6 Page 12 of 60 CORPORATE STRATEGIC t58b0.1U a.m.: 2U16 -A -b1 (nave & Anne Beardsall),1 1 1 Lakesis... Quality of Life "To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Sustainability "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." CONSULTATIONS: Environmental Services Division — No comments Transportation Division — Ensure proposed swale is constructed and maintained Building Division — Proposed septic to meet all setbacks including all wells Fire & Emergency Services Department — County of Simcoe — Lake Simcoe Region Conservation Authority — Applicant required to obtain permit; complete a planting plan; and submit review fee of $200. See letter attached. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Proposed Site Plan Schedule 3: LSRCA Comments CONCLUSION: Planning staff recommends that Variance Application 2013-A-52 be APPROVED, specifically, to permit the construction of a single detached dwelling with a reduced interior side yard setback and setback to Lake Simcoe, since the application appears to meet the four tests of the Planning Act. Respectfully s bmitted: Adrianna Planner inosa Reviewed by: Derek Wittib, MCIP, RP Manager, Planning Services Development Services Application No. 2013-A-52 Meeting Date February 20, 2014 Page 3 of 6 Page 13 of 60 5.a) VBA lLE20.1l A2cifsi I Anne Beardsall),111 Lakesh... Development Services Meeting Date February 20, 2014 Application No. 2013-A-52 Page 14 of 60 Page4of6 5.90fhat1JaEEr2! 906.348Eb onypeicAnne Beardsall),111 Lakesh... 1j.1 .1F14j r"- — r --- PROP. DOUBLE STOREY WALK -OUT D DECK' a5.3CL.,& • - 4 , f0 - X -- X 4 / . : ", / ,_. ..• . .1,1-, 1 -i,- -. - , wr.----,---- , ....... ,:__ : r ) t ,../.} • l' r . ....-- A— -i .;....., .,;‘,3,>° _:.---•-• ........., , . , -71,751, 5I000 Top Bc Development Services Meeting Date February 20, 2014 Application No. 2013-A-52 Page 5 of 6 Page 15 of 60 5.a$Meau17E:32Q$ ot16Anne Beardsall),111 Lakesh... Lake Simcoe Region conservation authority Wednesday February 12, 2014 Andria Leigh, MCIP, RPP Secretary -Treasurer Committee of Adjustment Towniship of Oro-Medonte Oro, Ontario LOL 2X0 Dear Ms. Leigh: Subject: Application for Minor Variance File 2013-A-52 (Beardsall) 111 Lakeshore Road West Township of Oro-Medonte, County of Simcoe A Watershed for Life Thank -you for circulating this application for minor variance to the Lake Simcoe Region Conservation Authority (LSRCA) for our review. We understand that this variance is requested to provide relief from the minimum interior side yard setback and from the average high water setback to permit the construction of a single detached dwelling and detached garage. The subject property is adjacent to Lake Simcoe and is partially governed by Ontario Regulation 179/06 under the Conservation Authorities Act due to shoreline erosion and flooding hazards. We note that a permit application has been submitted to the LSRCA for the proposed development and a Geotechnical Slope Assessment was undertaken as part of this application. On this basis, we recommend that any approval of this minor variance application be subject to the following conditions: 1) That the owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 to implement the findings of the Geotechnical Slope Assessment Report (Terraprobe November 21, 2013). 2) That a Planting Plan for the shoreline and slope area be completed to the satisfaction of the LSRCA in accordance with 6.11 DP (Lake Simcoe Protection Plan) and the recommendations of the Geotechnical Report. 3) That the review fee of $200 be paid to the LSRCA in accordance with our fees policy, approved on April 27, 2012. Please advise us of your decision. Si Cha Senior Copy: David Bear Taylor Stev MCIP, RPP rdinator sail- Landowner nson- LSRCA 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853.5881 E -Mail: lnfo@LSRCA.on.ca Proud winner of the International Thiess Riverprize ( Member of Conservation Ontario Development Services Application No. 2013-A-52 Meeting Date February 20, 2014 Page 6 of 6 Page 16 of 60 aIM: - A J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 17 of 60 aIM: - A J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 18 of 60 aIM: - A J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 19 of 60 2013-A-52 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 20 of 60 MI1 -A- J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 21 of 60 aIM: - A J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 22 of 60 aIM: - A J 5.a) 9:30 a.m.: 2013-A-52 (Dave & Anne Beardsall),111 Lakesh... Page 23 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Township of Proud Heritage, Exciting Future Report No. 2014-A-02 To: Commu4iee off Adjustment prepared By: Josh INOuepper Ontermedluate Manner MeetOng Date: February 20, 2014 Subject: Varoance Apppucatuon (Rosemary Cheung) 45 Goss Road Regustered Nan No. 51R 24230 Concessoon 1 Lot 3 f lotoon # fpoul #: 4346-030-010-16 00 RALS. He #: DDI 3: 0471 7 Recommendation(s): RequOres Actuorii x for pnformatuon OnOy� The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table R1 (Minimum Front Yard and Minimum Interior Side Yard) of Zoning By-law 97-95, the proposed dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. 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; 3. That the applicant obtain any permits and/or .approvals required, from the Nottawasaga Valley Conservation Authority; 4. 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 by way of survey/real property report, prior to pouring of the foundation, that the addition be no closer to the front lot line than 2.0 metres, and that the existing shed, when relocated be no less than 0.4 metres from the interior side yard lot line. 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding; and 6. That the applicant enter into a Site Plan Agreement with the Township of Oro- Medonte in order to remove the Holding (H) designation on the property as provided for within the Planning Act R.S.O. 1990, c.P. 13. ackgrou d: The subject property currently supports a single detached dwelling (cottage) and small accessory building (shed), which the applicant proposes to move. The applicant also wishes to relocate a staircase to the front of the dwelling to accommodate the proposed addition of a garage. The property is zoned Residential Limited Service 2 H RLS*2 (H). The lot is 0.14 Acres (0.06 Hectares) with 15.07 metres (49.45 feet) street frontage, and a Development Services Report No. 2014-A-02 Meeting Date: February 20, 2014 Page 1 of 6 Page 24 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... depth of 30.48 metres (100.00 feet). The lot also backs onto Bass Lake with an irregularly shaped shoreline. The abutting properties contain residential dwellings. Ana&y&s: The applicant is requesting the following relief from Zoning By=law 9795: Zone: Reskilemtt0a0 Umhe l Sen, ce CEa�2ton 2 CI (ILS * 2Nfilf Table B1: Minimum Front Yard Setback Table B1: Minimum Interior Side Yard G c��laau�e�l p nlg_Iml 7.5 m 2.O m 3.0 m 0.4 m IFunanc i / LegaC Dmpncattoon s / C' osk Management 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. PoHc es/LegWaVon: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan, and Section 05 of the Official Plan contains policies related to the use and development of lands in this designation. In Section C5.1 of the Official Plan the stated objectives of the Shoreline designation are: • To maintain the existing character of the predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Residential uses, such as single detached dwellings (including accessory buildings) are generally permitted by the Official Plan. Planning Staff notes that the proposed addition will generally improve the aesthetics of the property. In Planning Staff's opinion, the requested variances would not negatively impact the character of the existing residential area or the natural features of the shoreline. The proposed garage is proposed to be located at the front of the property, and would not encroach on the 15 m high water mark of Bass Lake. Also there are other dwellings in the vicinity which are situated in the same manner. The proposed development has no impacts on servicing. Based on the above, the requested variances are considered to conform to the Official Plan. Development Servuces ittieeng Dee: February 20, 2014 Report No. 20114-A-02 Page 2 of 6 Page 25 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Does the variance meet the general intent of the Zoning By-law, and is the variance appropiriaftfor the desirable development of the l-eg? The subject property is zoned Residential Limited Service Exception 2 Holding (RLS*2 (H)) according to the Township's Zoning By=law 97-95. A single detached dwelling is a permitted use in this zone. However there is a Holding (H) provision on the zoning of the land. The purpose of the H is to regulate development on lots that are on private roads. The applicant will need to apply for Site Plan approval in order to remove the H prior to the issuance of a building permit as a condition of approval. Although the lot is deficient in area, in this case section 5.17.1 of the Township's Zoning By-law 97-95 would apply. It states: "A lot in existence prior to the effective date of this By-law that does not meet the lot area and/or lot frontage requirements of the applicable Zone, may be used and buildings thereon may be erected, enlarged, repaired, or renovated provided the use conforms with the By-law and the buildings or structures comply with all the other provisions of this By- law." The requested variance to allow for a reduction in the setback of 2.0 metres from the Front Property Line would enable the applicant to move a staircase to accommodate the proposed addition of a garage. The proposed dwelling would be in a similar location in relation to Goss Road and Bass Lake as other dwellings in the area. The property complies with the 15 metre set back from the high water mark as per the Zoning By-law. The 2.0 metre front yard setback will not interfere with off street parking, since parking will take place in a driveway beside the dwelling and in the proposed garage. The requested variance is to permit a 0.4 metre interior side yard setback for a shed. The proposed addition will displace an existing shed which the applicants propose to re -locate and position 0.4 metres from the side lot line. Since the shed is currently located approximately 0.4 metres from the interior side yard lot line, the result of the relocation will have a minimum effect on the character of the property. l,s the variance minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, to be appropriate for the desirable development of the lot, the variances are considered to be minor. Devekopmeol4 Servuces Meeting Date: February 20, 2014 Repos No. 2014-A-02 Page 3 of 6 Page 26 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Corporate Strategic Goals: Quality of Life: To contribute to enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability: To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Environmental Services Division — No Concerns • Transportation Division — No Concerns • Building Division — No Objections relating to building addition and septic location • Nottawasaga Valley Conservation Authority — No Comments • County of Simcoe — No Comments Attachments: Schedule 1: Subject Area Map Schedule 2: Site Plan (Proposed) Conclusion: Planning Staff recommends that Minor Variance Application 2014-A-02 be approved, specifically, to permit the addition to an existing dwelling, with a front yard setback of 2.0 m and an interior side yard setback of 0.4 m for the reason that the variances appear to meet the four tests of the Planning Act. Respectf y submitted: Josh Mueller Intermediate Planner Reviewed by: ,4e/ Derek Witlib, MCIP RPP Manager, Planning Services Development Services Report No. 2014-A-02 Meeting Date: February 20, 2014 Page 4 of 6 Page 27 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Schedule 1: Subject Area Map 2014-A-02 (Cheung) Development Services Report No. 2014-A-02 Meeting Date: February 20, 2014 Page 5 of 6 Page 28 of 60 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Schedule 2: Applicants Site Plan 2014-A-02 (Cheung) EDGE OF PAV.I EDGE OF PAVEMENt v I EXISTING WELL EX. INTERLOCKING BRICK RETAINING WALL TO BE ALTERED TO SUITE NEW �.* SITE CON DOSS TBM 256206m DOUBLE NAILS IN HYDRO POLE 1 ROAD, BELL BOX i NOTE PROPOSED FRONT YARD SETBACK TO BE 2800 MM FROM FACE OF NEW CONSTRUCTION EDGE OF PAVEMENT PART 2 PLAN 51R-24230 M 7114•50. W 7.7 OF mo 2-200mrt$B BINE P,1_NE 647 GOSS ROAD EXISTING TWO STUYVINYL SIDED DWELLING IND VISIBLE SEPTIC AND WELL) OS 20.24 >M 18,11 END OF EXI6 EXISTING WOOD DECir +-F ELV. 287.12 1 mas HATCHED LINES INDICATEPROPOSED SEPTIC SYST1GLCON EXACT LOCATION -- AND 8089 REFER To SWAGE SYSTEM MID MIOR UNE CONCEPT DRAINING Err 'MUDDY MEN CONBTRUC LION CORP.' --END OF EXIST. FENCE 613 GOSS ROAD EXIS11NG TWO STOREY DWELLING (HOLDING SEPTIC TANK) EXISTING WOOD DECK TO BE REMOVED (SHOWN DASHED) Warn— EXISTING ALUMINUM SIDED SHED TO BE RELOCATED (DASHED LINES SHOW CURRENT LOCATION). PROPOSED INTERIOR SIDEYARD SETBACK TO BE 4009XL1 FENCE ENDS D3STING WOOD 810E0 SHED BASS LAKE SURFACE ELEVATION 261.609* ON MARCH 19, 2013 3* .CF FENCE HATCHED AREA NOICATES APPROX AREA FOR NM. L OF EMT. BOAT SUP REFER TO WAAGE SYSTEM AND SHORELINE CONCEPT DRAWN EIT UUDDY CEN CONSTRUCT/ON CORP.' DeveOopmeint Services Report No. 2014-A-02 Meeting Date: February 20, 2014 Page 6 of 6 Page 29 of 60 2014-A-02 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... r - - 4 ......„,r Page 30 of 60 MOM MON 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 31 of 60 00 oci) U W 14-A-SJ 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 32 of 60 2014-A-02 (Cheung i i 1.1 ii 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 33 of 60 W 14-A- IN 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 34 of 60 2014-A-02 (Cheung 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 35 of 60 W 14-A- IN 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 36 of 60 2014-A-02 Cheung 5.b) 9:45 a.m.:2014-A-02 (Rosemary Cheung),45 Goss Road Nort... Page 37 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Reporl Township of Proud Heritage, Exciting Future Report No. 2014-A-03 To: CCommuttee of Adjustment Prepared Oy: Josh 6ilu,oeDDer Mitermeduate Manner Meeting Oaten February 20, 2014 Subject: Varuance Apppueatuon (Grant 4. Hannah AeD) 199 flledlooi1e So1eroad 2 Coruoes&ooi 13, Lot 12 MoUooi # RoDl #° 4346-020-006-08900 R.M.S. He # 013: 0471 , iii Recommendeon(s): [ eq hes Acct oro x For DnflormaUoru ®ropy The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Agricultural/Rural (A/RU) (Section 5.1.4 Maximum Height of an Accessory Building, and Section 5.1.6 Maximum Floor Area of an Accessory Building) 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 generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and/or approvals required, from the Nottawasaga Valley Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding. Background: The subject property currently supports a single detached dwelling. The applicant wishes to add on to the detached accessory building (garage). The applicant wishes to increase the floor area and height of the existing detached garage. The property is zoned Agricultural/Rural (A/RU). The lot area is 2.87 Acres (1.16 Hectares) with 61 metres (200.00 feet) street frontage, and a depth of 196 metres (641.42 feet). The abutting properties contain residential dwellings. Deveiopmemit Services Meeting Date: February 20, 2014 Report No. 2014-A=03 Page 1 of 6 Page 38 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... The applicant is requesting the following relief from Zoning By-law 97-95: Xofee ArilcuDtraa���/G oo•aill (A/IRW G c�c �ouuedl Proposed Section 5.1.4 Maximum Height of Accessory Building 4.5 m 4.72 m Section 5.1.6 Maximum Floor Area of Accessory Building 100 m2 154.4 m2 Hnanc a / Lea rolpificatt ©ms / R sk Management: 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. PoOuc es/LecgWaUon: Does the variance conform to the general intent of the ffficial Plan? The subject lands are designated Rural in the Township's Official Plan, and Section C2 of the Official Plan contains policies related to the use and development of lands in this designation. To preserve and promote the rural character of the Township and the maintenance of the open countryside. To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Residential uses, including buildings accessory to a single detached dwellingare generally permitted by the Official Plan. Planning Staff notes that the proposed addition will have no effect on the surrounding properties. In Planning Staff's opinion, the requested variances would not negatively impact the character of the existing residential area. The proposed development has no impacts on servicing. Based on the above, the requested variances are considered to conform to the Official Plan. Docs the variance meet the general intent of the Zoning By-law, and is the variance appropriate for the desirable development of the loft? The subject property is zoned Agricultural/Rural (A/RU) according to the Township's Zoning By-law 97-95 and based on the 1.16 Hectare lot area, is solely permitted for Devepopment Services Meeting Date: February 20, 2014 Reboot No. 2014-A-03 Page 2 of 6 Page 39 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... residential use. An accessory building (garage) is a permitted use in this zone in accordance with Section 5.1. The requested variance to allow for a maximum height of 4.72 m would not pose any negative impacts on the character of the area, as the building is existing, and the neighbouring dwellings will not be affected by this increase. The requested variance to permit an increase in gross floor area of an accessory building to 154.4 m2 would have no impact on the development of the lot, or any adverse effects on the neighbourhood. Based on the above the requested variances conform to the Zoning bylaw, and will have no effects on the development of the property. is the variance minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, to be appropriate for the desirable development of the lot, the variances are considered to be minor. C o"porate Stratc4© Goads: Quality of Life: To contribute to enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability: to build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: o Environmental Services Division — No Concerns o Transportation Division — No Concerns o Building Division — No Objections relating to building addition and septic location o Nottawasaga Valley Conservation Authority —Development is within 120 m of an unevaluated wetland and therefore within an area of development regulated by the NVCA under the Conservation Authorities Act. As such a permit will be required from the NVCA under Ontario Regulation 172/06. • County of Simcoe — No Comments Attachments: Schedule 1: Subject Area Map Schedule 2: Applicant's Site Plan Development Services Report No. 20144-A-03 Meeting Date: February 20, 2014 Page 3 of 6 Page 40 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Conclusion: Planning Staff recommends that Minor Variance Application 2014-A-03 be approved, specifically, to permit the addition to an existing accessory building (garage), for the reason that the variances appear to meet the four tests of the Planning Act. Respectfully submitted: sh Mueller Intermediate Planner Reviewed by: Derek Witlib, MCIP RPP Manager, Planning Services Development Services Meeting Date: February 20, 2014 Report No. 2014-A-03 Page 4 of 6 Page 41 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Schedule 1: Subject Area Map 2014-A-03 (Abel) 0 w w z g w. 1 SUBJECT AREA MAP 199 MEDONTE SIDEROAD 2 Development Services Meeting Date: February 20, 2014 Report No. 2014-A-03 Page 5 of 6 Page 42 of 60 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Schedule 2: Applicants Site Plan 2014-A-03 (AbeD) A-pPL 1 c frraw r SA-7vvfNit rVkti z 11ir1u SEP"1GAED l�DRaTI01'4 "TO On liii- EX15'-IN ���1�Gec ell 6)0 6RANTA 1145640Aff R ea_ ill Mealom4e-Siaer tZ Coto +x. Lot( iEt M;EDomTE S ID CR OA I) 2 1401— `t"0 5 c Pn,E Development Services Report No. 2014-A-03 Meeting Date: February 20, 2014 Page 6 of 6 Page 43 of 60 W 14-A- OX 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Page 44 of 60 2014-A-03 Abe 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Page 45 of 60 W 14-A-I) 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Page 46 of 60 ocu SD 2014-A-03 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Page 47 of 60 2014-A-03 5.c) 10:00 a.m.:2014-A-03 (Grant & Hannah Abel),199 Medonte ... Page 48 of 60 ratvasltlp a� Proud Nrritaac, Exciting Future irdwiuIQIR.IOF . wa Schroeter),49 Windfield Dr... REPORT Application No: 2014-A-04 To: Committee of Adjustment Prepared By: Adrianna Spinosa Planner Meeting Date: February 20, 2014 Subject: Variance Application (Chris Schroeter) 49 Windfields Drive CON 5 PT LOT 28 PLAN M187 LOT 1 (Former Township of Oro) Motion # Roll #: 4346-010-008-09401 R.M.S. File #: D13-47189 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B1 (minimum interior side yard) and Section 5.1.6 of Zoning By-law 97-95, the proposed detached garage 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 by way of survey/real property report, prior to pouring of the foundation, that the detached accessory building does not exceed a floor area of 88.4 square metres, and; that the single detached dwelling be located no closer than 3.5 metres from the interior side yard lot lines; 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. BACKGROUND: The property is currently vacant. The applicant is proposing to construct a new 11/2 -storey single detached dwelling, a detached garage, and a boathouse. However, the application for a variance only relates to the dwelling and garage. Development Services Application No. 2014-A-04 Meeting Date February 20, 2014 Page 1 of 5 Page 49 of 60 ANALYSIS: 5.d-) 10:15 a.m.: 2U14 -A -U4 (Chris bchroeter),49 Windfield Dr - The applicant is requesting the following relief from Zoning By-law 97-95: Zone: Rural Residential One Exce tion ,4 rRUR1* 4 Table B1 e Minimum umm Rcgi ired Interior Side Yard Section 5,1.6 e l lalximmumm Floor Area of Accessory Building R��aoir��l Proo�®sc�l 800 metres 3.5 metres (26.2 f.) (11.5 ft.) 70 sgamm. 88,4 sq m. (753,5 sq.ft.) (951.5 sq.ft.) FINANCIAL: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. POLOCDES/LEGISLATION i� oes the variance conform to th gen rag int opt of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan, and Section C5 of the Official Plan contains policies related to the use and development of lands in this designation. Single detached residential uses are permitted in the Shoreline designation and one of the Official Plan's stated objectives of the Shoreline designation is "To maintain the existing character of the predominantly residential area." As proposed variances would permit construction of a single detached dwelling and accessory garage, the requested variances are considered to conform to the Official Plan. Docs the variance meet the general intent of the Zoning [By-law, and is the variance appropriate for the desirable deveDopmmemat of the Dot? The subject property is zoned Rural Residential One Exception 84 (RUR1 *84) in the Township's Zoning By-law and the RUR1 Zone permits single detached dwellings and accessory buildings. The Zoning By-law's requirement for a minimum interior side yard setback of 8.0 metres is intended to provide spatial separation of a more "estate style" concept between neighbouring dwellings, as well as provide ease of access and maintenance on a lot. Planning Staff have inspected the subject lands and observed that the requested variance still allows for adequate spatial separation between the proposed dwelling and neighbouring properties and the dense trees still allow for privacy. The Zoning By-law requirement for a maximum floor area of 753.5 sq.ft. for an accessory building is intended to limit oversized structures on residential lots. Given the size of the lot, the proposed 3 -car garage, plus "storage for winter equipment," does not contradict the intention of the By-law. Development Services Meeting ig Date February 20, 2014 Application No. 2014-x=04 Page 2 of 5 Page 50 of 60 Is the variance minor? 5.d) 10:15 a.m.: 2014-A-04 (Chris Schroeter),49 Windfield Dr... As the proposed variances related to the single detached dwelling and detached garage are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, are considered appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. CORPORATE STRATEGIC GOALS: Quality of Life "To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Sustainability "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." CONSULTATIONS: Environmental Services Division — Transportation Division — Building Division — No comments Fire & Emergency Services Department — County of Simcoe — Lake Simcoe Region Conservation Authority — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Proposed Site Plan CONCLUSION: Planning staff recommends that Variance Application 2014-A-04 be APPROVED, specifically, to permit the construction of a single detached dwelling with a reduced interior side yard setback and detached garage with an increased floor area, since the application appears to meet the four tests of the Planning Act. 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