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09 18 2014 Committee of Adjustment Agenda The Township of Oro-Medonte Committee of Adjustment Meeting Agenda Council Chambers Thursday, September 18, 2014 9:30 a.m. Page 1.Opening of Meeting: 2.Adoption of the Agenda: a) Motion to Adopt the Agenda. 3.Disclosure of Pecuniary Interest: 4.Adoption of Minutes: 3 - 11a) Minutes of Committee of Adjustment meeting held on Thursday, August 21, 2014. 5.Public Meetings: 12 - 29 a) 9:30 a.m. 2014-B-20 (2301166 Ontario Inc./Birkland), 328 Line 15 North, Request for consent for a technical severance of lands that have merged in title. 30 - 58 b) 9:45 a.m. 2014-B-21 (Tammy Reynolds), 1184 15/16 Sideroad East, Request for consent to sever a new lot. 59 - 80 c) 10:00 a.m. 2014-A-27 (Matthew, William & Mary Mulcahy, Mary Dibella and Deborah Nicholas), 5 Goss Road, Requesting relief from front yard setback and setback from Bass Lake. 81 - 93 d) 10:15 a.m. 2014-A-28 (Michael Robinson & Lisa Harvey), 19 Pine Ridge Trail, Request for relief from permitted locations for detached accessory buildings in all zones. 94 - 107 e) 10:30 a.m. 2014-A-26 (Colleen Scott) \[Deferred from the August 21, 2014 meeting\], Page 1 of 107 18 Birch Grove Drive, Request for relief from minimum required interior side yard for the construction of a garage attached to an existing single detached dwelling. 6.New Business: None. 7.Notice of Motion: None. 8.Next Meeting Date: Thursday, October 16, 2014 at 9:30 a.m. 9.Adjournment: a) Motion to Adjourn. Page 2 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Time: 9:32 a.m. Thursday, August 21, 2014 Present: Roy Hastings, Chair Bruce Chappell Allan Johnson Larry Tupling Scott Macpherson Staff present: Derek Witlib, Manager, Planning Services / Deputy Secretary Treasurer; Marie Brissette, Coordinator Corporate Services; Adrianna Spinosa, 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. CA140821-1 Moved by Tupling, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, August 21, 2014 be received and adopted. Carried. 3.Disclosure of Pecuniary Interest: None declared. 19 Page of Page 3 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. 4.Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, July 17, 2014. Motion No. CA140821-2 Moved by Macpherson, Seconded by Chappell It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, July 17, 2014 be adopted as printed and circulated. Carried. 5.Public Meetings: a) 2014-B-13 (Drew Hunnisett), 4454 Line 5 North, Request for consent for a technical severance of lands that have merged in title. Geoff Hunnisett, agent, and Jamie Robinson, Planner, were present on behalf of the applicant. Members of the Committee noted that Council may wish to reconsider the Policy to require a parkland contribution. Motion No. CA140821-3 Moved by Chappell, Seconded by Tupling It is recommended that the Committee of Adjustment approves Consent Application 2014-B-13 to re-create two agricultural parcels to correct a situation where two lots have merged on title, 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 minimum total lot area for the severed lot be 31.0 hectares; 3. That the applicants 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; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 29 Page of Page 4 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. b) 2014-B-14 (Carol Lynn Chapman), 4201 Line 8 North, Request for consent for the purpose of a boundary adjustment. Tim McLaughlin, agent, was present on behalf of the applicant. Motion No. CA140821-4 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment approves Consent Application 2014-B-14 to permit a boundary adjustment subject to the following conditions: 1. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicants solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; and 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 39 Page of Page 5 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. c) 2014-B-18 (Bruce Duncan), 2 Red Pine Court, Request for consent to sever a new lot. Derek Witlib, Manager, Planning Services, noted a request by the applicants agent for the matter to be deferred. No one was present on behalf of the applicant. Bill Ross, neighbour, noted that the area is estate lots and that severances would diminish the value of area homes. He noted a ravine on the proposed parcel to be severed, which would require landfilling. He expressed concerns on the effect of additional development on existing wells. David Galos, neighbour, noted his support of the Townships Official Plan Policies, and that the severance would affect quality of life in the area. Rex Rose, neighbour, noted that additional development on the proposed severed parcel would create additional drainage onto his property. Motion No. CA140821-5 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment denies Consent Application 2014-B-18 to create one (1) new residential lot, specifically since it does not conform to the Townships Official Plan and subsequently, does not conform to the Countys Official Plan. Carried. 49 Page of Page 6 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. d) 2014-B-19 & 2014-A-25 (Kimbal Management Inc.), 1281 Line 4 South, Request for consent to sever a new lot, and for relief from minimum lot frontage and minimum rear yard setback. Derek Witlib, Manager, Planning Services, noted a request by the applicants agent for the matter to be deferred. No one was present on behalf of the applicant. Chris Schroeter, neighbour, noted that the proposed development would obstruct his view of the water, and would be not be in conformity with the neighbouring lots as the proposed house would be closer to the water than other lots. Wolfgang Schroeter, neighbour, noted that the current lot is currently undersized compared to others in the area. He added that another septic near the Lake would not be desirable. Motion No. CA140821-6 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment denies Consent Application 2014-B-19 to create one (1) new residential lot as it is not in conformity with the Townships Official Plan. Carried. Motion No. CA140821-7 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment denies Minor Variance Application 2014- A-25, for reduction in required lot frontage (10.6 m) and the minimum required rear yard setback of (5.0 m) as it does not meet the four tests of the Planning Act. Carried. 59 Page of Page 7 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. e) 2014-A-24 (Howard Bloom), 1300 Line 5 North, Application for relief from height of an accessory building to permit the construction of a detached garage with storage space above. Howard Bloom, applicant, was present. Motion No. CA140821-8 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-24, to permit the construction of an accessory building with an increased height of 5.4 metres subject to the following conditions: 1. That, notwithstanding Section 5.1.4 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 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; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committees decision that the detached accessory building does not exceed a height of 5.4 metres to midpoint; 4. That the appropriate zoning certificate and building permits be obtained from the Township only after the Committees decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. f) 2014-A-26 (Colleen Scott), 18 Birch Grove Drive, Application for relief from minimum required interior side yard for the construction of a garage attached to an existing single detached dwelling. No one was present on behalf of the applicant. Motion No. CA140821-9 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment defers Minor Variance Application 2014- A-26 at the request of the applicant. Carried. 69 Page of Page 8 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. g) 2014-B-01 & 2014-A-23 (Paul Weber), 3325 Line 4 North, Request for consent for the creation of new lot for residential and hobby farm purposes, and relief from minimum lot size for a hobby farm. Paul Weber, applicant, was present. Motion No. CA140821-10 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Consent Application 2014-B-01 to create a new lot for residential and hobby farm purposes, 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 applicants 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 severed 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; and 6. That the Township apply a holding (H) provision on the severed land 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. CA140821-11 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-23, to permit a reduction in lot size for a hobby farm on a proposed lot that is the subject of Consent Application 2014-B-01 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. 79 Page of Page 9 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. h) 2014-B-15 (Christopher Staring & Helen Jackson), 42 Windfields Drive; 2014-B-16 (Andrea Davidson), 18 & 22 Windfields Drive; and 2014-B-17 (Sunbird Developments Limited), 16, 20 & 26 Windfields Drive for Validation of Title. Shirley Partridge, agent, was present on behalf of the applicants. Motion No. CA140821-12 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Consent Application 2014-B-15, for Validation of Title, subject to the following conditions: 1. That one copy of a Registered Reference Plan indicating the subject parcel be submitted to the Secretary-Treasurer; 2. That the applicants solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcel, for review by the Municipality; and 3. 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. CA140821-13 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approve Consent Application 2014-B-16, for Validation of Title, subject to the following conditions: 1. That one copy of a Registered Reference Plan indicating the subject parcel be submitted to the Secretary-Treasurer; 2. That the applicants solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcels for review by the Municipality ensuring the merger of Parts 3 & 4, 7 & 8, 10 & 12 on Reference Plan 51R-38166; and 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 89 Page of Page 10 of 107 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes August 21, 2014. Motion No. CA140821-14 Moved by Johnson, Seconded by Tupling It is recommended that the Committee of Adjustment approve Consent Application 2014-B-17, for Validation of Title, subject to the following conditions: 1. That one copy of a Registered Reference Plan indicating the subject parcel be submitted to the Secretary-Treasurer; 2. That the applicants solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcels for review by the Municipality ensuring the merger of Parts 1 & 2, 5 & 6, 9 & 11 on Plan 51R-38166; and 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 6.New Business: None. 7.Notice of Motion: None. 8.Next Meeting Date: Thursday, September 18, 2014 at 9:30 a.m. 9.Adjournment: a) Motion to Adjourn. Motion No. CA140821-15 Moved by Johnson, Seconded by Chappell It is recommended that we do now adjourn at 11:58 p.m. Carried. Roy Hastings, Chair Derek Witlib, Deputy Secretary Treasurer 99 Page of Page 11 of 107 5.a) 9:30 a.m.2014-B-20 (2301166 Ontario Inc./Birkland),328 ... Page 12 of 107 5.a) 9:30 a.m.2014-B-20 (2301166 Ontario Inc./Birkland),328 ... Page 13 of 107 5.a) 9:30 a.m.2014-B-20 (2301166 Ontario Inc./Birkland),328 ... 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Μ ƭ ķ ƌ ƚ Ɠ Ǥ Ļ w Λ Њ Ћ . Ѝ Њ Љ Ћ Page 54 of 107 5.b) 9:45 a.m.2014-B-21 (Tammy Reynolds),1184 15/16 Sideroad... Page 55 of 107 5.b) 9:45 a.m.2014-B-21 (Tammy Reynolds),1184 15/16 Sideroad... Page 56 of 107 5.b) 9:45 a.m.2014-B-21 (Tammy Reynolds),1184 15/16 Sideroad... Page 57 of 107 5.b) 9:45 a.m.2014-B-21 (Tammy Reynolds),1184 15/16 Sideroad... Page 58 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 59 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 60 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 61 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 62 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 63 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 64 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 65 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 66 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 67 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 68 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 69 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 70 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 71 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 72 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... (Mulcahy) 27 A 2014 Page 73 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... September 10/2014 Derek Witlib I am writing to express my concern over the proposed variance submission regarding 5 Goss Rd. I own lot 40 on the survey as well as one tenth of lot 2 waterfront property. My family and I use 6 goss road as a recreational cottage property. We enjoy oro medonte and it's country, cottage life style but recently many city influences have been making their way in. Our street variances have worked out well to maintain an attractive, quaint non intrusive setting for all our neighbors. This proposal and variance benefits no one in this little community but the proposed buyer and seller of 5 Goss Rd. I am hoping the planning comity rejects this proposal as it is not in the best interests of our street, neighbors and association. I do have a few thoughts for you. 1. The proposed driveway is small, empties into mine. Looks like my driveway will become turn around? Is their room for a full size vehicle or quest vehicles? 2. What happens to all the mature trees down both sides of the property? 3. This is not a waterfront property. It would only intrude on the shoreline and neighboring lot 2. 4. 5 Goss roads waterfront is crown land? Waterfowl and other species enjoy this piece of property. Will it remain the same? What about its vegetation and natural setting? Exemptions aren't right, it pushes the limits on selfishness. 5 Goss Rd is a great modest little cottage property that should be enjoyed in its simplicity. I hope the outcome is fair for everyone. Thank you Scott McNeil 6 Goss Rd Bass lake, Ont 1 Page 74 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Dear Duputy Secretary-Treasurer of the Committee of Adjustment. I am Correna Glassford, home owner of 8 Goss Rd., Orillia, Ontario, L3V 6H2 on Bass Lake. I recently received notice of Public Meeting for Minor Variance Application for Matthew, William, Mulcahy, Dibella and Deborah Mulcahy for the property across from mine at 5 Goss Road requesting adjustments. The mere fact that having to ask for a variance because the original property does not suit building codes today is in part of this request to deny the variance requested. Making a simple drive out to view the problems the plan may cause will varify what I have to say. Two major complaints I have regarding the plan, among others, are that it will interfere with the private park and beach area that some of the cottagers have deeded access to, including myself. First, the angle of the property runs immediately beside the beach area which I see causing problems regarding who has access, and who does not. Issues of private recreation for these cottagers not on waterfront are jepordized and the privacy for the household members on the waterfront proposal will be minimal. Complaints, I am certain, will abound. Furthermore, the rights of the deeded private beach members needs consideration in the possiblity that we may agree to sell the exisiting lot for future construction. Where the sewage is placed may jepordize the potential sale of our lot. Please take the time to review the proposal with that in mind. On a more personal note, I live kitty from the 5 Goss Rd., and enjoy the view of the lake from my property. Such a structure will completely block that view and damage the asthetics and quality of my own home ownership for which I bought. Also, little room is avaiable on a single private road for a driveway and turnaround. Again, the new homeowners will likely be forced to use the driveways of others if the need to turn around is at hand. Parking on the road is extreemly limited and is already an issue with cottagers who are experessing their concerns on impingement. Already there has been disagreements with those seeking the property on the Crown Land that juts out but appears to be belonging to that lot. It does not. If the plan is to go forward, I suggest that these people be made fully aware that they have not access to the beach that we deeded cottagers have on the park or beach and that we have entitlement to the jutty of Crown Land also. I smell one hell of a mess with this impractical plan and pity the person who will be recieving the complaints over the next several years. Thank you for welcoming my input. With respect, Correna Glassford 1 Page 75 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... CƩƚƒʹMelPETERSIEL {ĻƓƷʹMonday,September8,20149:19PM ƚʹWitlib,Derek /ĭʹJudyPetersiel;susieberg;EricPetersiel {ǒĬƆĻĭƷʹreapplication2014A27 Iamtheownerofthepropertyimmediatelyadjacenttolot3GossRoad.Weareatlot4. Ihavetodayreceivedanoticeforminorvariationregardingtheaboveproperty. Iamunabletoattendthepublicmeeting,butasthepartymostaffectedbythischangeIwishtoregistermy concerns,asIdidwhenasimilarproposalwassenttomelastyear. Mymajorconcernisthesafetyofmydrilledwell,whichisatmyroadsidedoor,probably10feetfromthelot line.Iamunabletodecipherthemeasurementsontheplansenttome,butIamawareoftheneedtohave theadjacentsepticbednocloserthen50feetfromthatpoint.Ifthatisnotthecase,Idonotseehowthiscan beapproved. properties.Wehave Mysecondconcernisthepresenceofmaturetreesonthelotlinebetweenthesetwo beeninthishomefor32years,thetreesantedateus.Itappearstomethattheproximityoftheproposed buildingwilldestroythetreesandtheforestednatureoftheproperty.Ifthatisthecase,Iwouldaskthatthe planberevisedbeforeitisapproved,andallowthetreestoremainalive. Yourssincerely MelEPetersiel 1 Page 76 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... CƩƚƒʹgwenSCORNS\[ {ĻƓƷʹFriday,September12,20149:10AM ƚʹWitlib,Derek {ǒĬƆĻĭƷʹMinorVarianceAplication#2014A027#5GossRoad Good morning, I have concerns in regard to the proposed construction at 5 Goss Road, Orillia, Ontario. There does not seem to be any room for parking, other than the garage. The driveway seems to extend onto the single land roadway coming into the homes. This will potentially cause a dangerous situation due to the narrow roadway already and the two driveways that will be directly across the road from each other. The additional congestion in this high traffic flow area could potentially cause an accident if vehicles are not completely off the road in their own driveway. Terry Scorns, 12 Goss Road, Orillia, Ontario. 1 Page 77 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 78 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... Page 79 of 107 5.c) 10:00 a.m.2014-A-27 (Matthew, William & Mary Mulcahy, M... 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