07 14 2003 C of A Minutes
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Committee of Adjustment Minutes
Thursday Au2ust 14. 2003. 9:30 a.m.
In Attendance: Chairman Ken Robbins, Member Joe Charles, Member Allan Johnson,
Member Dave Edwards, Junior Planner Andy Karaiskakis, and Planner Chris Jones
1. Communications and Correspondence
None received.
2. Disclosure of Pecuniary Interest
None declared.
3. Hearin2s:
9:30
A-24/03
Ellen Cohen
Cone. 2, West Part Lot 4 (Orillia)
1199 Line 15 N.
In Attendance: Dermit Walsh, representing applicant.
Decision
Moved by Joe Charles, seconded by Allan Johnson
"That the Committee hereby Defer Minor Variance Application A-24/03 to provide time
for the applicant to demonstrate that the proposed expansion can be adequately serviced
by a private septic system
.....Carried."
9:40
A-25/03
Gregory & Annette Stewart
West Part Lot 2, Plan 920 (Orillia)
11 Moon Point Drive
In Attendance: Greg Stewart, Applicant, Kent Knight, Contractor.
Decision
Moved by Dave Edwards, seconded by Joe Charles
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"That the Committee hereby Defer Minor Variance Application A-25/03 to provide time
for the applicant to adequately address the 4 tests of a minor variance, particularly with
the Zoning By-law and the desirable development of the lot.
... ..Carried."
9:50
A-26/03
Bruce & Ellen Parker
Cone. 14, Plan 780, Lot 29 (Orillia)
59 Eight Mile Point Road
In Attendance: Ellen Parker, Applicant.
Decision
Moved by Joe Charles, seconded by Allan Johnson
"That the Committee hereby Grant Minor Variance Application A-26/03 subject to the
following list of conditions:
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1. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey/real property report prepared by
an Ontario Land Surveyor.
2. That the setbacks be in conformity with the dimensions as set out in the application,
as submitted; and,
3. That the appropriate building permit be obtained from the Township's Chief
Building Official 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."
1 0:00
A-27/03
2008628 Ontario Ltd.
Cone. 7, East & West Half Lot 3
(Oro)
Diamond Valley Drive
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In Attendance: Ernie Botterro, representing applicant.
Decision
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Moved by Allan Johnson, seconded by Joe Charles
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"That the Committee hereby Grant Minor Variance Application A-27/03 subject to the
following list of conditions:
1. That prior to issuance of a building permit, an engineered grading plan is submitted
which provides verification to the Township of compliance with applicable yard and
setback requirements.
2. That this variance provides relief from the Holding symbol currently in place on the
lands in that building permits for model homes to be built on Lots 97, 122 and 127
may be issued prior to the removal of the Hold;
3. That final occupancy of the model homes not be granted until final registration of
the subdivision has been fulfilled, and;
4. That the appropriate building permit be obtained from the Township's Chief
Building Official 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."
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10:10
A-28/03
Robert & Therese Brown
Plan M-324, Lot 15 (Oro)
30 Trillium Trail
In Attendance: Jeff Marshall, Representative from Deardon & Stanton.
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby Grant Minor Variance Application A-28/03 subject to the
following list of conditions:
1. That an Ontario Land Surveyor stamp the copIes of survey submitted to the
Township;
2. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted, and;
3. That all municipal taxes be paid to the Township of Oro-Medonte.
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... ..Carried."
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10:20
B-20/03
Alfred & Jeanalee Kanis
Cone. 1, South Part Lot 1 (Orillia)
8996 Highway 12
In Attendance: Hans Meyer, Neighbouring owner, Jeff Marshall, Representative
from Deardon & Stanton
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee Grant Consent Application B-20/03 subject to the following list of
conditions:
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary-Treasurer;
2. That the applicant prepare and submit 3 original copies of the deeds for the
parcel(s) severed, one copy to be retained by the Municipality;
3. That a Site Plan Agreement between the Township and the owner of 8980
Highway 12 be executed; and,
4. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of this notice as noted below.
.. ...Carried."
4. Other Business
- Consent Application B-44/02: Proposed Modifications of Conditions
Moved by, Allan Johnson, second by Joe Charles
"That Consent Application B-44/02 be GRANTED subject to the following list of
conditions:
l. That three copies of a Reference Plan of the subject lands be prepared by an
Ontario Land Surveyor and submitted to the Secretary-Treasurer which
identifies the lands which are subject to this application;
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2. That the farm parcel and the rural parcel be merged in title and the provision
of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent
conveyance or transaction which compromise the farm parcel and the rural
parcel identified on the Reference Plan;
3. That all Municipal taxes be paid to the Municipality.
4. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of giving of this notice.
.. ...Carried"
5. Adjournment
Moved by Dave Edwards, Seconded by Allan Johnson
"That the meeting be adjourned at 11 :30 a.m."
... Carried.
(NOTE: A tape of this meeting is available for review.)
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MERIDIAN
PLANNING CONSULTANTS INC.
Page 1 of 2 - Plus 1 attachment
To:
Committee of Adjustment
Chris Jones
August 5, 2003
From:
Date:
Subject: Provisional Consent B44/02 - Change of Conditions
Job Number: 2401
BACKGROUND
On January 16, 2003, Committee approved Consent Application 844/02 for a boundary
adjustment of lands located in Part of Lots 42 and 43, Concession 1 (Oro). The subject lands are
owned by the Canadian Pacific Railway and at the time the application was submitted, it was
assumed that the lands were two separate and conveyable parcels of land.
The two parcels are summarized as follows:
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The "rural parcel" has area of about 32.4 hectares (80 acres); and,
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The "rail line parcel" has an area of about 6.2 hectares (15.3 acres).
The intent of the boundary adjustment was to add lands with an area of about 1.3 hectares (3.2
acres) from the "rural parcel" to the "rail line parcel". The purpose of this transfer was to ensure
that all existing structures belonging to the CPR remained with the "rail line parcel". The "rural
parcel" was proposed to be retained as a separate parcel by the neighbouring landowner (J. Neil
Craig) together with an easement over the rail lands to maintain legal access.
WHAT HAPPENED?
When Mr. Craig's solicitor prepared the deeds for registration, it was determined that the "rural
parcel" and the "rail line parcel" were one single parcel. This means that the proposed severance
would potentially create a new rural lot and would not constitute a boundary adjustment/lot
addition as originally proposed.
In order to remedy the situation and maintain the original intent of the application to facilitate a
boundary adjustment/lot addition, Mr. Craig has offered to merge the "rural parcel" with his
abutting farm operation to the north, thereby ensuring that no new lot is created by the
application.
Page 1
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
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ANAL YSIS
This situation was essentially caused by all parties assuming that the "rural parcel" and "rail line
parcel" were separate lots. To some degree this demonstrates the potential need for the
Municipality to be provided with an appropriate deed and/or survey at the time an application is
submitted.
The proposed remedy by Mr. Craig to merge the "rural parcel" with his farm is considered to
maintain the spirit of the original application as it does not deviate from the technical nature of the
approval originally granted by Committee on January 16, 2003. However, it will be recommended
that Committee modify its conditions of approval for Consent 844/02 as permitted under Section
53 (23) of the Planning Act to ensure that the conveyance of the boundary adjustment/lot addition
is clearly described and facilitated.
RECOMMENDATIONS
If Committee concurs with this report, the following recommendations are offered for
consideration:
1.
That previous condition #1 be modified to state:
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That three copies of a Reference Plan of the subject lands be prepared by an Ontario
Land Surveyor and submitted to the Secretary- Treasurer which identifies the lands which
are subject this application.
2.
That previous condition #2 be modified to state:
That the farm parcel and the rural parcel be merged in title and the provisions of
Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent
conveyance or transaction which comprise the farm parcel and the rural parcel identified
on the Reference Plan.
3.
That previous condition #5 be deleted on the basis that no easement or right-of-way is
now necessary for the purpose of providing access to the rural lands which have been
merged in title with the abutting farm property.
4.
That the Secretary-Treasurer provide notification of the modified conditions as prescribed
in Section 53 (24) of the Planning Act.
All of which is respectfully submitted,
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Chris Jones MCIP, RPP
Page 2
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078