08 21 2014 Committee of Adjustment MinutesP
M.
-+ .v
Township of
Proud Heritage, Exciting Future
Thursday, August 21, 2014
Present: Roy Hastings, Chair
Bruce Chappell
Allan Johnson
Larry Tupling
Scott Macpherson
The Township of Oro - Medonte
Committee of Adjustment Meeting Minutes
Council Chambers
Time: 9:32 a.m.
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.
3. Disclosure of Pecuniary Interest:
None declared.
Carried.
Page 1 of 9
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 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; 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.
Page 2 of 9
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 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's 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.
Page 3 of 9
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 applicant's 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 Township's 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 Township's
Official Plan and subsequently, does not conform to the County's Official Plan.
Carried.
Page 4of9
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 applicant's 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 -13-19 to
create one (1) new residential lot as it is not in conformity with the Township's 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.
Page 5of9
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
Committee's 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 Committee's 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.
Page 6of9
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 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 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:
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.
Page 7 of 9
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 applicant's 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 applicant's 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 51 R- 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.
Page 8 of 9
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 -13-17,
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 applicant's 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 51 R- 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.
A��_ / 11,1,",e,-
Roy H tings, Chair
Carried.
Derek Witlib, Deputy Secret y T a urer
Page 9of9