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07 17 2014 Committee of Adjustment Minutesr Thursday, July 17, 2014 Present: Roy Hastings, Chair Bruce Chappell Allan Johnson Scott Macpherson Regrets: Larry Tupling The Township of Oro - Medonte Committee of Adjustment Council Chambers Meeting Minutes Time: 9:35 a.m. 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. CA140717 -1 Moved by Macpherson, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, July 17, 2014 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. 4. Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, June 19, 2014. Motion No. CA140717 -2 Moved by Macpherson, Seconded by Chappell It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, June 19, 2014 be adopted as printed and circulated. Carried. 5. Public Meetings: a) 2014 -A -21 (Kevin and Betty Jones), 152 Old Barrie Road West, Application for relief from maximum height of a detached accessory building and from maximum size of a detached accessory building for the purpose of converting a farm house to an accessory building. No one was present on behalf of the applicant. Gary Hadley, neighbour, questioned the proposed use of the accessory building, whether the building would be enlarged, and whether washroom facilities would be permitted. Motion No. CA140717 -3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014 -A -21, to permit an accessory building with a gross floor area of 175.5 square metres (1890 square feet) and a maximum height of 5.79 metres (19 feet) subject to the following conditions: 1. That, notwithstanding Section 5.1.4 and 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 generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 3. 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 2 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. b) 2014 -A -22 (Domenic & Lauren Natale), 249 Lakeshore Road West, Application for relief from minimum required rear yard; enlargement, repair or renovation of a non - complying structure; and height of a boathouse (above the average high water mark) to permit the construction of a renovation /addition to an existing single detached dwelling and the construction of a new boathouse. Matt Pryce, agent, was present on behalf of the applicants. Motion No. CA140717 -4 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014 -A -22, for the addition a second storey to the existing dwelling, replacement of the existing foundation, replacement of a new attached garage, and the construction of a boathouse, be approved subject to the following conditions: 1. That, notwithstanding Section 5.16.1(b) of Zoning By -law 97 -95, the an increase in the floor area and volume of by way of an enlargement of an existing cottage to a maximum gross floor area of 270 square metres (2906 square feet) is permitted within the minimum required setback from Lake Simcoe. 2. That, notwithstanding Section 5.6 (e) of Zoning By -law 97 -95, the proposed 6.1 metres (20.16 feet) high boathouse 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. 3. 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. 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: a) Pinning the foundation wall and verifying in writing or by way of survey /real property report, prior to the pouring of the foundation, that the enlarged dwelling is located no closer than 13.2 metres (43 feet) from the average high water mark (219.1.5 m.a.s.l.). b) 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 greater than 6.1 metres (20.16 feet). 5. That the applicant obtain any permits and /or approvals required, from the Lake Simcoe Region Conservation Authority. 6. 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 3 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. c) 2014 -B -12 (Edmund Piotrowski), 425 Line 2 South, An application for consent for the creation of a new lot through the severance of dwelling described as surplus to a farm operation. Edmund Piotrowski, applicant was present. Bruce Clark, neighbour, noted his support for the severing of the lot. He did note concern over the width proposed and questioned if the proposed width would allow for future severances. He also discussed the limited sightlines related the proposed driveway. Motion No. CA140717 -5 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Consent Application 2014 -6- 12 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 apply for, and obtain, an amendment to the zoning of the retained lands, prohibiting their use for a residential purpose. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution. 5.. That all municipal taxes be paid to the Township of Oro - Medonte. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 7. And That the existing farmhouse driveway entrance be closed and removed. Carried. Page 4 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. d) 2014 -B -13 (Drew Hunnisett) [To be deferred], 4454 Line 5 North requesting consent for a technical severance of lands that have merged in title. No one was present on behalf of the applicant. Motion No. C140717 -6 Moved by Chappell, Seconded by Johnson It is recommended that Application 2014 -B -13 be deferred until proper Notice of a Meeting is posted as per the requirements of the Planning Act. Carried. Page 5 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. e) 2014 -A -16 (HCCA Contracting) [Deferred from the June 19, 2014 meeting], 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 and Gwen Savoie, neighbours, noted their objection to the setback due to drainage. Mr. Savoie also commented on the setbacks of the proposed garage in relation to the setbacks of his property. Gwen Savoie read correspondence submitted by Kenneth Gray who was unable to attend. Motion No. C140717 -7 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014 -A -16, to allow a minimum exterior side yard setback of 0.9 m, (dwelling) 4.6 m (attached garage), minimum front yard setback of 4.8 m, a minimum rear yard setback of 1.8 m, and a minimum driveway setback of 1.8 m from the property line, and that the length of the provided parking space of 4.6 m subject to the following conditions: 1. That, notwithstanding Table B1 and section 5.2.2.3, and section 5.20.1.1 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 1) pinning the foundation wall and 2) verifying by way of survey /real property report, prior to pouring of the foundation, that the dwelling be located no closer than 0.9 metres from the exterior side yard lot line, that the attached garage be no closer than 4.6 m from the exterior side yard lot line, 4.8 metres from the front lot line, and 1.8 metres from the rear lot line. 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 8 Committee of Adjustment Meeting Minutes — July 17, 2014. f) 2014 -A -17 (Northcom Oro Holdings Inc.) [Deferred from the June 19, 2014 meeting], 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. Klaus Jacoby, agent, was present on behalf of the applicant. Motion No. C140717 -8 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014 -A -17, to permit the construction of an accessory building with an increased floor area of 283 square metres and an increased height of 6.76 metres, subject to the following conditions: 1. That, notwithstanding Section 5.1.4 and 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, notwithstanding Section 5.12 of Zoning By -law 97 -95, the proposed accessory building shall not be used for commercial or home occupation purposes. 3. That the proposed buildings /structures and landscaping on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. 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 of 283 square metres and a height of 6.76 metres. 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, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 8 Committee of Adjustment Meeting Minutes — July 17, 2014. g) 2014 -13-06 (Douglas Bidmead) [Deferred from the June 19, 2014 meeting], 6055 Line 9 North, Requesting consent for the creation of new lot for the purpose of separating an existing dwelling from a gravel pit. Klaus Jacoby, agent, was present on behalf of the applicant. Motion No. CA140717 -9 Moved by Macpherson, Seconded by Chappell It is recommended that Application 2014 -13-6 be deferred at the request of the Applicant in order to address agency comments. Carried. 6. New Business: None. 7. Notice of Motion: None. 8. Next Meeting Date: Thursday, August 21, 2014 at 9:30 a.m. 9. Adjournment: a) Motion to Adjourn. Motion No. CA140717 -10 Moved by Chappell, Seconded by Macpherson It is recommended that we do now adjourn at 11:40 a.m. Roy astings, Chair Carried. Derek Witlib, Deputy Sec 3r Page 8of8