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03 20 2014 Committee of Adjustment AgendaPage Township Proud Herira e, Exciting Future 1. Opening of Meeting: 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: The Township of Oro-Medonte Committee of Adjustment Meeting Agenda Council Chambers Thursday, March 20, 2014 9:30 a.m. 4. Adoption of Minutes: 3 - 8 a) Minutes of Committee of Adjustment meeting held on Thursday, February 20, 2014. 5. Public Meetings: a) 2014-A-05 (SCS Leasing (Morris Shelswell)), 544 Line 11 North, Application for relief from Interior Side Yard Setback to permit the replacement of an existing office building with a new office building. **The application will be heard at a future meeting** 9 - 21 b) 2014-A-06 (Recreation and Community Services Department within the Corporation of the Township of Oro-Medonte), 71 Line 4 North, Application for relief from the Minimum Interior Side Yard Setback to permit the construction of: • a two-storey front entrance with meeting room above; • an addition for a dressing room at the south-west side of the building; • rink expansion at rear; and • Olympia room/storage addition at rear. 6. New Business: 22 - 24 a) Updated Notice of Decision, re: 2013-A-47. 7. Notice of Motion: None. 8. Next Meeting Date: Page 1 of 24 Thursday, April 17, 2014 at 9:30 a.m. 9. Adjournment: a) Motion to Adjourn. Page 2 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... ,t'irtmtre, The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Thursday, February 20, 2014 Time: 9:35 a.m. Present: Roy Hastings, Chair Scott Macpherson Allan Johnson Larry Tupling Bruce Chappell Staff present: Derek Witlib, Manager, Planning Services / Deputy Secretary Treasurer; Marie Brissette, Committee Coordinator; Josh Mueller, Intermediate Planner 1. Opening of the 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. CA140220-1 Moved by Macpherson, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, February 20, 2014 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 6 Page 3 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — February 20, 2014. 4. Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, January 23, 2014. Motion No. CA140220-2 Moved by Tupling, Seconded by Macpherson It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, January 23, 2014 be adopted as printed and circulated. Carried. 5. Public Meetings: a) 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. Dave and Anne Beardsall, applicants, were present. Motion No. CA140220-3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2013- A-52, specifically to permit the construction of a single detached dwelling and detached garage with a reduced interior side yard setback and setback to Lake Simcoe, subject to the following conditions: 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. Carried. Page 2of6 Page 4 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — February 20, 2014. b) 2014-A-02 (Rosemary Cheung), 45 Goss Road North, Application for relief from Minimum Front Yard Setback and Minimum Interior Side Yard. Rosemary Cheung, applicant, and Rod Young, architect, were present. Motion No. CA140220-4 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2014-A- 02, specifically to permit the construction of a garage and an addition to a single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 (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. Carried. Page 3 of 6 Page 5 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — February 20, 2014. c) 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. Grant Abel, applicant, was present. Motion No. CA140220-5 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2014-A- 03, specifically to permit the increase in height and floor area of an existing detached garage, subject to the following conditions: 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. Carried. Page 4 of 6 Page 6 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — February 20, 2014. d) 2014-A-04 (Chris Schroeter), 49 Windfield Drive, Application for relief from Maximum Floor Area of Accessory Building and Minimum Interior Side Yard Setback. Wolfgang Schroeter, applicant's father, was present on behalf of the applicant. Motion No. CA140220-6 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Variance Application 2014- A-04, 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, subject to the following conditions: 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. Carried. Page 5 of 6 Page 7 of 24 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — February 20, 2014. 6. New Business: 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. Motion No. CA140220-7 Moved by Johnson, Seconded by Tubing It is recommended that we do now adjourn at 11:11 a.m. Carried. Roy Hastings, Chair Derek Witlib, Deputy Secretary Treasurer Page 6 of 6 Page 8 of 24 5.b) 2014-A-06 (Recreation and Community Servic s D Report zri Thwnship of CYPO-4, Proud Heritage, Ewiting Future Application No: 2014-A-06 To: Committee of Adjustment Prepared By: Adrianna Spinosa Planner Meeting Date: March 20, 2014 Subject: Variance Application (Township of Oro-Medonte) 71 Line 4 North CON 5 PT 1 1/2 LOT 20 RP 51R5785 PT 1 RP 51R2666 PT 1 (Former Township of Oro) Motion # Roll #: 4346-010-002-24200 R.M.S. File #: 013-47298 Recommendation and Conditions: Development Service Staff recommends that Minor Variance Application 2014-A-06 be approved and that the following conditions be imposed on the Committee's decision: 1. That, notwithstanding Table B5 (Minimum Required Interior Side Yard) of Zoning By-law 97-95, the proposed public building addition 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 foundation wall setback and 2) verifying in writing or by way of survey/real property report, prior to pouring of the foundation, that the addition is no closer than 3.1 metres to the interior side yard lot line; 4. That the applicant obtain any permits and/or approvals required, from the Ministry of Transportation; 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 public building; specifically an arena and community centre. The applicant is proposing to construct the following additions to the existing public building: a two-storey front entrance with meeting room above; an addition for a dressing room at the south-west side of the building, and; an expansion of the rink, community space and storage space at the north side of the building. The applicant is requesting the following relief from Zoning By-law 97-95: Development Services Application No. 2014-A-06 Meeting Date March 20, 2014 Page 1 of 7 Page 9 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... Zone: Open Space (OS) Required Proposed Table B5 — Minimum interior 7.5 metres 1) 2.8 metres for an existing building Side Yard Setback 2) 3.1 metres for a proposed building addition Aroallyss: Does the variance conform to the general intent of the Official Pian? The subject lands are designated Rural Settlement Area in the Township's Official Plan, and Section C3 of the Official Plan contains policies governing the use and development of lands in this designation. Small scale commercial uses that serve the needs of the settlement area and the surrounding rural area are permitted in the Rural Settlement Area designation and one of the Official Plan's stated objectives of the Rural Settlement Area designation is "To maintain and create attractive communities with suitable amenities." As proposed variances would permit construction of a public building addition, the requested variances are considered to conform to the Official Pian. 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 Open Space (OS) in the Township's Zoning By-law and the OS Zone permits public parks. A 'public park' is defined in the Zoning By-law as "any area of land under the jurisdiction of a public authority that is designed and/or maintained for recreational purposes. Without limiting the generality of the foregoing, a public park may include ... arenas...". The existing public building is considered to be a non -complying structure since it does not meet the Zoning By-iaw's requirement for a minimum interior side yard setback of 7.5 metres. The requirement was put in place with the intention to provide spatial separation between structures on neighbouring properties, and to provide ease of access and maintenance on a lot. The proposed storage space addition at the rear of the building will not increase a situation of non- compliance since: the proposed addition is directly an extension of the existing footprint, and; the irregular shape of the lot allows for adequate access around the side and rear. As the proposed variances would permit the construction of additions to the arena to improve the current structure and optimize the use of the public space, while at the same time not aggravating any existing situation of non-compliance, the requested variances are considered to generally meet the intention of a public park the By-law. is the variance minor? As the proposed variances related to the additions 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 De Mopment Services Meethlg Date March 20, 21D14 AppncaUch No. 2014A-06 Page 2 of 7 Page 10 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... desirable development of the iot, and are not anticipated to have an adverse effect on use and enjoyment of neighbouring properties of the character of the surrounding area, the variances are considered to be minor. ncaO 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. PclMes/Le0sDalion: o Planning Act, R.S.O. 1990, c. P.13 o Provincial Policy Statement 2005 o Growth Plan for the Greater Golden Horseshoe, 2006 o County of Simcoe Official Pian o Township of Oro-Medonte Official Plan o Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategc Goals: QuaHty of Ufa — "To contribute to an enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and country -Dike character and by providing opportunities that encourage community participation in activities and recreational programs." SustaktabMty — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Safe ElieaKhy CommunKy — "To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyies." External R&allions — "To be recognized as a 'good neighbour' with municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations. Flnanda Ste ardsHp — "To continue to improve value received in the expenditure of tax dollars as well as maintaining a financial position that is fiscally sound for the Township." Con Environmental Services Division — Transportation Division — Building Division — Fire & Emergency Services Department — County of Simcoe — Ministry of Transportation — Devellopment Services AppNcalion No. 2014-A-06 Wheeling Date March 20, 2014 Page 3 of 7 Page 11 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... Attachments: Schedule 1: Location Map Schedule 2: Proposed Site Plan Schedule 3: Proposed Building Elevations Conclusion: Planning staff recommends that Variance Application 2014-A-06 be APPROVED, specifically, to permit the construction of an addition to a public building with a reduced interior side yard setback, since the application appears to meet the four tests of the Planning Act. Respectfully sub it ed: Adrianna Sp a Planner Reviewed by: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date March 20, 2014 Application No. 2014-A-06 Page 4 of 7 Page 12 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... Schedule 1: Location Map W z z Location Map HIGHWAY 11 N HIGHWAY 11 S HOLICK ROAD Development Services Meeting Date March 20, 2014 Application No. 2014-A-06 Page 5 of 7 Page 13 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... Schedule 2: Proposed Site Plan N L — — APPROX. SWOP OFJ) tiXATON • WELL LOCATION PROPOSED 1STOREP . ORESSINOROON, ADOITON 71— 7 7, 775” :.1 r- APPRO. I LOMNAGE DEO LOCATION PROPOSED P SrOREY ENTRANCE ADDITION ow PROPOSED PRENCN DRAW LOCATION — Development Services Meeting Date March 20, 2014 Application No. 2014-A-06 Page 6 of 7 Page 14 of 24 5.b) 2014-A-06 (Recreation and Community Services Department... 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Y.11111.11 01, kkkkkkkkkkkkkllikmkkkkkkkkkkkkkkkkkkik 11,,,11111111,,111111111111111111 4,11 I1IIIII iiiiigiiiiiiiiiiiiiiiiiiiii�:1;!'1 ,,)J111111111,111,111,111,111,111,11111,1,„1„1„1„1,ii uuuuuumuuuuu �Il lllllllllIIr(rhl,' ,h Ilii';'„psi"kii• llllmm llui, "�Idi II ,,,,,l�i�;ta �� 11111111111111111111 11111111111111111111111111111 ,1,1,11111111,10,0111111 d 1k [11!%11 Page 21 of 24 ted Not1'�c of Decision, re: 2013-A-47. Committee of Adjustment Notice of Decision Application No. 2013-A-47 — Kenneth & Michelle Tudhope. 8936 Highway 12, Concession 1, North Part Lot 2 (Former Township of Orillia) In the matter of the Planning Act, R.S.O. 1990, C.P. 13 as amended, Section 45 (1)(2)(8)(9) and (10), and In the matter of the Application 2013-A-47 — Kenneth and Michelle Tudhope 8936 Highway 12, Concession 1, North Part Lot 2 (Former Township of Orillia) Whereas the applicant is requesting permission to continue using an accessory building for the purposes of a retail store which sell antiques and home decor items, and has requested the following relief from Zoning By-law 97-95: Section 5.12: Home Occupations Section 5.12 (e) Section 5.12 (g) Section 5.12 (h) Section 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 Whereas the subject property is located in the Restricted Rural designation according to Schedule 'A' to the Township's Official Plan and is zoned Residential One (R1) Zone according to the Township's Zoning By -Law 97-95. Whereas having had regard to those matters addressed by The Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 200/96, as amended, and having considered all relevant information as presented at the public hearing on the 21St day of November, 2013. The following is the Decision of the Committee: "That the Committee of Adjustment approve Variance Application 2013-A-47, specifically to permit the continued use of an accessory building for the purposes of a retail store subject to the following conditions: 1. That the buildings and structures on the property be generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That the owner of the property at 8936 Highway 12 apply for, and enter into a Site Plan Agreement with Council for the Township for the existence and operation of a retail store and a home occupation on the subject property, pursuant to Section 2.3 of By -Law 2009- 062 (Site Plan Control By-law). 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13, and the owner has entered into a Site Pian Agreement. Carried." Dated this 21St day of November, 2013. Members concurring in this decision: Scott Mac % erson, - air Lar'*—up ins Air Roy H tings Derek W Deputy Secretary Treasurer Allan John Page 22 of 24 Take Notice that pursuant to^ction 45(12) of f6,t 'Ipt le N IC of accilairerna,ed013-A-47. amended, the above decision and/or conditions may be appealed to the Ontario Municipal Board ("OMB"). Only individuals, corporations and public bodies may appeal decisions in respect of applications for variance to the OMB. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. The last day of filing an appeal is Wednesday, December 11, 2013. A "Notice of Appeal" setting out in writing the supporting reasons for the appeal should be received on or before the last date for "Appeal" accompanied by a complete the OMB Appellant Form (A1) Planning Act, and a certified cheque or money order in the amount of one hundred and twenty five dollars ($125.00) payable to the Ministry of Finance. The notice is to be submitted to: Secretary -Treasurer of the Committee of Adjustment, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. Page 23 of 24 -Mb K unrve $ 6.a) Updated None ot Dec SUBJECT PROPERTY 8936 HIGHWAY 12 KEY MA sion, re: 2013-A-47. PART DF Loy- 2 ONC , / / ©, O -t-Dc / rE PP 5'B 4799 PART .2 t 2 . s� 62/. zD SEP TJt 19 D N I/a 16.76 33.5-; p1 60. Y6' 4 2 o,, --; v ❑(--- G.4A064, .24-, -77,,,, cARE,} p/rPUr \ d2' 59 5- . 33 M 2 (' - IDE 30/ CNG ,t"y+i/C AiNG o' PoitZci4 A ckcSS Fi?a/rr Page 24 of 24