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10 16 2014 Committee of Adjustment Agenda The Township of Oro-Medonte Committee of Adjustment Meeting Agenda Council Chambers Thursday, October 16, 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 - 9a) Minutes of Committee of Adjustment meeting held on Thursday, September 18, 2014. 5.Public Meetings: 10 - 28 a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 North, Application for consent for the creation of new lot for the purpose of separating an existing dwelling from a gravel pit \[Deferred from the June 19, 2014 meeting\]. 29 - 54 b) 9:45 a.m. 2014-A-29 (Braestone Development Corporation), 2979 Line 8 North, Application for relief from maximum height of accessory building and maximum size of an accessory building. 55 - 67 c) 10:00 a.m. 2014-A-30 (Justin LeMay on behalf of Don & Ashley Hubbert), 375 Ridge Road East, Application for relief from minimum setback from front lot line for an agricultural building. 68 - 81 d) 10:15 a.m. 2014-A-31 (George Wallace), 16 Seneca Lane, Application for relief for a detached accessory buildings shall not be located in the front yard. Page 1 of 81 6.New Business: None. 7.Notice of Motion: None. 8.Next Meeting Date: Thursday, November 20, 2014 at 9:30 a.m. 9.Adjournment: a) Motion to Adjourn. Page 2 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Thursday, September 18, 2014Time: 9:38 a.m. 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 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. CA140918-1 Moved by Chappell, Seconded by Tupling It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, September 18, 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, August 21, 2014. Motion No. CA140918-2 Moved by Macpherson, Seconded by Johnson It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, August 21, 2014 be adopted as printed and circulated. Carried. 17 Page of Page 3 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. 5.Public Meetings: a) 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. Sandi Birkland and John Preisbergs, applicants, were present. Bob Hawkins, neighbour, asked for clarification on the consent. Russell Kelly, neighbour, questioned how the farming potential would be maintained. Motion No. CA140918-3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Consent Application 2014- B-20 for a technical severance 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 Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and 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 parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 27 Page of Page 4 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. b) 2014-B-21 (Tammy Reynolds), 1184 15/16 Sideroad East, Request for consent to sever a new lot. Wes and Tammy Reynolds, applicants, were present. Motion No. CA140918-4 Moved by Macpherson, Seconded by Tupling It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2014-B-21 for the creation of a new lot for the purpose of a specialized agricultural use, by way of severance. The land to be severed is proposed to have frontage along 15/16 Sideroad East of approximately 215 metres, and a lot area of approximately 7.9 hectares; currently contains two agricultural buildings. The land to be retained is proposed to have a lot area of approximately 5.1 hectares, and currently contains a dwelling and agricultural buildings. Subject to the following conditions: 1. That one copy of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and 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 parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the applicant apply for and obtain approval for a Minor Variance to permit a reduced setback for the agricultural building on the severed parcel; 6. That the maximum total lot area for the new lot be no greater than 7.9 hectares; 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. 37 Page of Page 5 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. c) 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. Gabriel Porges, agent as potential purchaser, was present. Deborah Nicholas, owner, provided a history of the property. Bruce Teskey, neighbour, noted historical use of the property adjacent to the subject lands, and requested that a condition regarding fencing be imposed on the Committee’s decision. Motion No. CA140918-5 Moved by Tupling, Seconded by Chappell It is recommended that the Committee of Adjustment denies Minor Variance Application 2014-A-27, to allow for the single detached dwelling unit to have a front yard setback of 5.0 m and relief from the minimum distance setback from the required the average high water mark of Bass Lake to 3.29 m from the regional storm flood elevation of 252.26 m.a.s.l., as the distance from the lake is not minor. Carried. 47 Page of Page 6 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. d) 2014-A-28 (Michael Robinson & Lisa Harvey), 19 Pine Ridge Trail, Request for relief from permitted locations for detached accessory buildings in all zones. Jennifer Robinson, agent, was present. Motion No. CA140918-6 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-28, to allow for an accessory building (garage) to be located in the front yard with a setback of 13.4 m (43.96 feet) subject to the following conditions: 1. That, notwithstanding Section 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 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 accessory building has been constructed according to site plan submitted. 4. That the appropriate zoning certificate, Engineered Lot Grading Plan and building permits be obtained from the Township only after the Committee’s decision becomes final and binding. Carried. 57 Page of Page 7 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. e) 2014-A-26 (Colleen Scott) \[Deferred from the August 21, 2014 meeting\], 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. Calvin Sine, agent, was present. Motion No. CA140918-7 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approve Minor Variance Application 2014-A-26, to permit the construction of an addition (attached garage) with a reduced setback of 1.0 metres, subject to the following conditions: 1. That, notwithstanding Table B1 (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 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 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 (attached garage) be located no closer than 1.0 metres from the interior side yard lot line; and 4. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, 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. 67 Page of Page 8 of 81 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – September 18, 2014. 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. Motion No. CA140918-8 Moved by Tupling, Seconded by Chappell It is recommended that we do now adjourn at 12:20 p.m. Carried. Roy Hastings, Chair Derek Witlib, Deputy Secretary Treasurer 77 Page of Page 9 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 10 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 11 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 12 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 13 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 14 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... Page 15 of 81 5.a) 9:30 a.m. 2014-B-06 (Douglas Bidmead), 6055 Line 9 Nort... 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