05 15 2014 Committee of Adjustment MinutesTownship of
Proud Heritage, Exciting Future
Thursday, May 15, 2014
Present: Roy Hastings, Chair
Bruce Chappell
Allan Johnson
Scott Macpherson
Larry Tupling
The Township of Oro - Medonte
Committee of Adjustment
Meeting Minutes
Council Chambers
Time: 9:36 a.m.
Staff present: Derek Witlib, Manager, Planning Services / Deputy Secretary Treasurer;
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. CA140515 -1
Moved by Chappell, Seconded by Macpherson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
May 15, 2014 be received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
4. Adoption of Minutes:
a) Minutes of Committee of Adjustment meeting held on Thursday, April 17, 2014.
Motion No. CA140515 -2
Moved by Tupling, Seconded by Johnson
It is recommended that the draft minutes of the Committee of Adjustment meeting held on
Thursday, April 17, 2014 be adopted as printed and circulated.
Carried.
Page 1 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014,
5. Public Meetings:
a) 2013 -A -31 and 2013 -A -32 (MGM Farms and Fingers Ltd.),
891 Woodland Drive,
Application for relief from Minimum Lot Frontage and Minimum Lot Area.
To be heard in conjunction with:
2013 -B -15 (MGM Farms and Fingers Ltd.),
891 Woodland Drive,
Application for consent for a boundary adjustment/lot addition to an adjacent vacant parcel
of land, for future single detached residential uses.
Dan Amaddio, Planner, and Steve Morash, Engineer, were present on behalf of the applicant.
Warren Osak, neighbour, noted frontage on area lots and provided that the application will
negatively affect the value of the neighbouring properties.
Ron Hoggarth, read Jim Sarjant's correspondence. He reiterated that surrounding property
values would decrease.
Dave Edwards, neighbour, noted he historically used Lot 77 for personal enjoyment
Motion No. CA140515 -3
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment denies Variance Application 2013 -A -31,
on the basis that the variance is not desirable for the appropriate development or use of the
land, and does not meet the four tests of the Planning Act.
Carried.
Motion No. CA140515 -4
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment denies Variance Application 2013 -A -32,
on the basis that the variance is not desirable for the appropriate development or use of the
land, and does not meet the four tests of the Planning Act.
Carried.
Motion No. CA140515 -5
Moved by Chappell, Seconded by Tupling
It is recommended that the Committee of Adjustment denies Consent Application 2013 -13-15 on
the basis that the Consent does not satisfactorily address the matters identified in Section 51
(24) of the Planning Act., R.S.O., c.P. 13, 1990, as amended.
Carried.
Page 2 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
b) 2014 -A -13 (Paula Kirsh),
137 Moon Point Drive,
Application for relief from Maximum Setback From High Water Mark of Lake Simcoe.
Paula Kirsh, applicant, was present.
Motion No. CA140515 -6
Moved by Johnson, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Variance Application 2014 -
A-13, subject to the following conditions:
1. That, notwithstanding Sections 5.7 of Zoning By -law 97 -95, the proposed 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 the appropriate zoning certificate and building permits be obtained from the
Township only after the Committee's decision becomes final and binding.
4. And That the applicant obtain any permits and /or approvals required, from the Lake
Simcoe Regional Conservation Authority.
Carried.
Page 3 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
c) 2014 -A -14 (Steve Crisp),
20 Dorothys Drive,
Application for relief from Maximum Floor Area of Detached Accessory Building.
No one was present on behalf, of the applicant.
Motion No. CA140515 -7
Moved by Tupling, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2014 -
A-14, subject to the following conditions:
1. That, notwithstanding Sections 5.1.3 of Zoning By -law 97 -95, the proposed 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 existing driveway be removed to the satisfaction of the Township.
4. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's Decision by way of a survey or real property report that the constructed
accessory building has a maximum floor area of 92.9 m2.
5. And That the appropriate zoning certificate and building permits be obtained from the
Township only after the Committee's decision becomes final and binding.
Carried.
Page 4 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
d) 2014 -A -15 (Gary and JoAnne McLean),
2665 Old Barrie Road,
Application for relief from Maximum Height of a Detached Accessory Building and
Maximum Floor Area of Detached Accessory Building.
JoAnne McLean, applicant, was present.
Motion No. CA140515 -8
Moved by Johnson, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Variance Application 2014 -
A-15, subject to the following conditions:
1. That, notwithstanding Sections 5.1.4, 5.1.6 of Zoning By -law 97 -95, the proposed
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 an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's Decision by way of a survey or real property report that the constructed
accessory building has a maximum floor area of 166.48 m2 and a maximum height of
5.48 metres (height as defined in section 6.0 of Zoning By -law 97 -95 as amended).
4. And That the appropriate zoning certificate and building permits be obtained from the
Township only after the Committee's decision becomes final and binding.
Carried.
Page 5 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
e) 2014 -B -03, 2014 -B -04 and 2014 -B -05 (Barry, Brian and Robert Rix),
1922 Warminster Sideroad,
Application for consent for the creation of three (3) new lots by way of severance, for
future single detached residential uses.
Josh Morgan, Planner, was present on behalf of the applicants.
Motion No. CA140515 -9
Moved by Tupling, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Consent Application 2014 -
B-03, 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 pay $ 2,000.00 for each of the three (3) lots created as cash -in -lieu of
a parkland contribution.
4. That the applicant pay $9,302.74 for each of the three (3) lots created as a pro -rated fee
for upgrades to the municipal water system in the Warminster settlement area.
5. That all municipal taxes be paid to the Township of Oro - Medonte.
6. That the Secretary- Treasurer issue the Certificate of Official, utilizing Form 2 under
Section 53 (42) of the Planning Act, R.S.O. 1990, without qualifications.
7. And 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 6 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
Motion No. CA140515 -10
Moved by Tupling, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Consent Application 2014-
6-04, 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 pay $ 2,000.00 for each of the three (3) lots created as cash -in -lieu of
a parkland contribution.
4. That the applicant pay $9,302.74 for each of the three (3) lots created as a pro -rated fee
for upgrades to the municipal water system in the Warminster settlement area.
5. That all municipal taxes be paid to the Township of Oro - Medonte.
6. That the Secretary- Treasurer issue the Certificate of Official, utilizing Form 2 under
Section 53 (42) of the Planning Act, R.S.O. 1990, without qualifications.
7. And 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. CA1 4051 5 -1 1
Moved by Tupling, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Consent Application 2014-
6-05, 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 pay $ 2,000.00 for each of the three (3) lots created as cash -in -lieu of
a parkland contribution.
4. That the applicant pay $9,302.74 for each of the three (3) lots created as a pro -rated fee
for upgrades to the municipal water system in the Warminster settlement area.
5. That all municipal taxes be paid to the Township of Oro - Medonte.
6. That the Secretary- Treasurer issue the Certificate of Official, utilizing Form 2 under
Section 53 (42) of the Planning Act, R.S.O. 1990, without qualifications.
7. And 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 7 of 9
Committee of Adjustment Meeting Minutes — May 15, 2014.
f) 2014 -A -07 (APT Management),
2981 Ridge Road,
Application for relief from Height of a Boathouse.
Darren Vella, agent, and Mark Porter, applicant, were present.
Motion No. CA140515 -12
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment approve Variance Application 2014 -A-
07, subject to the following conditions:
1. That, notwithstanding Section 5.6 (g) of Zoning By -law 97 -95, the proposed building
shall otherwise comply with all other applicable provisions of the Zoning By -Law,
including that in accordance with Section 5.6(d) the boathouse shall not be used for
human habitation and no kitchen or sanitary facilities shall exist.
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 verifying in writing or by way of survey /real property report,
that the height of the boathouse, as measured from the elevation of the average high
water mark (219.15 m.a.s.l.) to the mean level between the eves and ridge, is no more
than 6.8 metres.
4. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe
Region Conservation Authority.
5. And That the appropriate zoning certificate and building permits be obtained from the
Township only after the Committee's decision becomes final and binding.
Carried.
Page 8 of 9
f
Committee of Adjustment Meeting Minutes – May 15, 2014.
6. New Business:
None.
7. Notice of Motion:
None.
8. Next Meeting Date:
Thursday, June 19, 2014 at 9:30 a.m.
9. Adjournment:
a) Motion to Adjourn.
Motion No. CA140515 -13
Moved by Johnson, Seconded by Macpherson
It is recommended that we do now adjourn at 11:47 a.m.
— /&'Y
, Roy Ha tings, Chair
Carried.
Derek Witlib, Deputy Sec to �resurer
Page 9of9