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06 19 2014 Committee of Adjustment Minutese 7 (W Township of 1""ffW Proud Heritage, Exciting Future The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Time: 9:35 a.m. Thursday, June 19, 2014 Present: Roy Hastings, Chair, left @ 1:45 p.m. Bruce Chappell Allan Johnson Scott Macpherson Larry Tupling Staff present: Derek Witlib, Manager, Planning Services / Deputy Secretary Treasurer; Marie Brissette, Coordinator Corporate Services 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. CA140619-1 Moved by Tupling, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, June 19, 2014 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. 4. Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, May 15, 2014. Motion No. CA140619-2 Moved by Macpherson, Seconded by Chappell It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, May 15, 2014 be adopted as printed and circulated. Carried. 5. Public Meetings: a) 2014-A-16 (HCCA Contracting), 1 Orillia Road, Application for relief from minimum exterior side yard setback, minimum front yard setback, minimum rear yard setback and minimum setback of driveway from interior lot line for a new single detached dwelling with an attached garage. Chris Arsengault, applicant, was present. Paul Savoie, neighbour, noted objection to the rear yard setback. Gwen Savoie, neighbour, noted that the residents are year round residents not cottagers and supported Mr. Savoie's objection. She confirmed that their property has a holding tank. Sharon Seaward, neighbour, verified they are also on a holding tank. Motion No. CA140619-3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment defers Minor Variance Application 2014-A-16. Carried. Page 2 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. b) 2014-A-17 (Northcom Oro Holdings Inc.), 320 Line 5 South, Application for relief from Maximum height of an accessory building, Maximum lot coverage and Maximum floor area of an accessory building. Mike Hodgsan, applicant, and Klaus Jacoby, agent, were present. Rosemarie Gobien, neighbour, noted her support for the application. Motion No. CA140619-4 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment defers Minor Variance Application 2014-A-17. Carried. Page 3 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. c) 2014-A-18 (Monique and Daniel Mogridge), 691 Mount St. Louis Road West, Application for relief from maximum floor area for a new accessory building. Monique Mogridge, applicant, was present. Michael Dunn, reiterated his concerns noted in his correspondence, and provided an overview of the limited building sites on the adjacent properties and how the proposed building would impact his view. Motion No. CA140619-5 Moved by Chappell, Seconded by It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-18, to permit the construction of an accessory building with a maximum increased floor area of 162.6 square metres subject to the following conditions: 1. That, notwithstanding Section 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 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 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 162.6 square metres. 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, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. d) 2014-A-19 (Tom Micks), 105 Hummingbird Hill Road, Application for relief from minimum required interior side yard setback. Greg Johnston, agent, was present. Motion No. CA140619-6 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-19, to permit the construction of an attached garage addition with a minimum interior side yard setback of 1.21 metres subject to the following conditions: 1. That, notwithstanding Table B4 (minimum interior side yard for single detached dwellings) 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 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 and 2) verifying by way of survey/real property report, prior to pouring of the foundation, that the addition be located no closer than 1.21 metres from the interior side yard lot lines. 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, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. e) 2014-A-20 (Peter and Margare van Muuyen), 43 Steeles Line, Application for relief from maximum height of a detached accessory building and setback from limit of Environmental Protection Zone. Peter van Muuyen, applicant, was present. Motion No. CA140619-7 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-20, to allow for an accessory building (garage) with a maximum height of 5.10 metres and a minimum setback from the Environmental Protection Zone of 5.12 metres subject to the following conditions: 1. That, notwithstanding Sections 5.1.4, and 5.28 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 height as defined by Bylaw 97-95 as amended of 5.10 M. 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 6 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. f) 2014-13-06 (Douglas Bidmead), 6055 Line 9 North, Requesting consent for the creation of new lot for the purpose of separating an existing dwelling from a gravel pit. No one was present on behalf of the applicant. Motion No. CA140619-8 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment defer Consent Application 2014-B-06, in order that the applicant may address the comments of Township and County planning staff and, if necessary, consult with Ministry of Natural Resources staff, and provide justification for the proposed consent. Carried. Page 7 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. g) 2014-B-7, 2014-B-8, 2014-B-9, 2014-B-10 and 2014-B-11 (Casey van Kessel), 1441 15/16 Sideroad, Requesting consent for the creation of five (5) new lots by way of severance, for four (4) future single detached residential uses, and one (1) existing duplex dwelling. Casey van Kessel, applicant, was present. Brenda Nelles, neighbour, questioned whether the applications should have been submitted as a plan of subdivision application. She expressed concerns over the development of the lots and the additional wells and septics could have on her well, septic and property value. Tim Crooks, noted his support for the application. Bruce Nelles, neighbour, provided a brief overview of issues that existing septic beds in the area had caused to the well on his property. Motion No. C140619-9 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-B- 7 to create a new residential lot 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 the lot created as cash -in -lieu of a parkland contribution. 4. That the applicant apply for and obtain a rezoning to a Residential 1 (111) Zone on the subject lands to accurately reflect the land use. 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 8 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. Motion No. CA140619-10 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-6- 8 to create a new residential lot together with an easement over Part 2 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 the lot created as cash -in -lieu of a parkland contribution. 4. That the owner convey a six (6) metre wide easement to the Township over Part 2 for emergency access to future development on the retained parcel. 5. That the applicant apply for and obtain a rezoning to a Residential 1 (R1) Zone on the subject lands to accurately reflect the land use. 6. That all municipal taxes be paid to the Township of Oro-Medonte. 7. 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. 8. 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 9 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. Motion No. CA140619-11 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-6- 9 to create a new residential lot 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 the lot created as cash -in -lieu of a parkland contribution. 4. That the applicant apply for and obtain a rezoning to a Residential 1 (R1) Exception Zone on the subject lands to accurately reflect the land use. 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 10 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. Motion No. C140619-12 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-B- 10 to create a new residential lot 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 the lot created as cash -in -lieu of a parkland contribution. 4. That the applicant apply for and obtain a rezoning to a Residential 1 (111) Zone on the subject lands to accurately reflect the land use. 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 11 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. Motion No. CA140609-13 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-13- 11 to create a new residential lot 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 the lot created as cash -in -lieu of a parkland contribution. 4. That the unregistered road allowance across the frontage of the retained parcel along Line 11, be disposed of to the satisfaction of the Township and the applicant. 5. That the applicant apply for and obtain a rezoning to a Residential 1 (111) Zone on the severed lands and to a Residential 1 (R1) Exception Zone on the retained lands, to accurately reflect the land use. 6. That all municipal taxes be paid to the Township of Oro-Medonte. 7. 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. 8. 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 12 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. h) 2012-A-15 (Darryl, Alfred, and Marilyn Simpson), 392 and 400 Line 9 North, Concession 9, Part Lot 18, Application for amendment to Motion No. CA120621-6. Bruce Chappell, Vice -Chair, assumed the Chair. Ron Clark, agent, was present on behalf of the applicants. Motion No. CA140619-14 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approve the applicant's proposed revision to the Committee of Adjustment's Decision dated June 21, 2012 with respect to Minor Variance 2012-A-15 to permit the replacement and enlargement of the smaller of the two existing dwellings on the subject lands subject to the following conditions: 1. That, notwithstanding Sections 5.16.1 c), and 5.18 of Zoning By-law 97-95, as amended, the proposed replacement of the second dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the foundation wall and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the foot -print of the proposed dwelling does not exceed 141.2 square metres (1,520 square feet). 3. That the proposed replacement of the second dwelling unit, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee, specifically for a two-storey dwelling with a foot -print of 141.2 square metres (1520 square feet) and gross floor area of 181.7 square metres (1956 square feet). 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority. 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 by the Planning Act R.S.O. 1990, c.P. 13. 6. And This Decision of the Committee of Adjustment hereby revokes and replaces the Decision of the Committee dated June 21, 2012 with respect to Minor Variance 2012-A- 15. Carried. Page 13 of 14 Committee of Adjustment Meeting Minutes — June 19, 2014. 6. New Business: None. 7. Notice of Motion: None. 8. Next Meeting Date: Thursday, July 17, 2014 at 9:30 a.m. 9. Adjournment: a) Motion to Adjourn. Motion No. CA140619-15 Moved by Tupling, Seconded by Macpherson It is recommended that we do now adjourn at 2:24 p.m. i Roy Ha Ings, Chair Carried. Derek Witlib, 3r Page 14 of 14