07 17 2003 C of A Minutes
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Committee of Adjustment Minutes
Thursday July 17. 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
Letters received from Chris Meissner, 291 Shanty Bay Road, and Sue & Paul Dupuis,
299 Shanty Bay Road, regarding Application A-2/03 & B-3/03, Jean-Marc Chabot, 30
Pine Ridge Trail, along with petition letter regarding Application A-19/03, were read
verbatim for the Committee members and those present in the audience.
2. Disclosure of Pecuniary Interest
Member Joe Charles declared a conflict of interest regarding Application B-19/03 and
will be excused from the hearing when discussing that particular application.
3. Hearim.!s:
9:30
A-2/03
Carolyn Charlene Clark
Part Lots 15 & 16 (South Side of
Davis St); Part Lots 14,15,16
(fronting on Kempenfelt Bay, Oro)
71 Barrie Terrace
In Attendance: Carolyn Clark, applicant, Klaus Jacoby, applicant's solicitor, Chris
Meissner, neighbour.
- Planning Report for Applications A-2/03 and B-3/03 read verbatim by the
Junior Planner.
Mr. Jacoby thanked the Township and the Planner for the in depth analysis
given for the applications.
Commented with respect to the stability of the slope and confirmed that the
applicant is willing to enter into a Site Plan Agreement to control the
development of the land.
Emphasized that the proposed building envelope is located on the old railway
bed which has seen trains travel on the lands for more than 100 years.
Another issue Mr. Jacoby raised is the 23 metre setback from a steep slope or
embankment which has been addressed in the GeoSpec Report.
As well, the existing septic system is encroaching on the proposed lot line and
has been recommended by Mr. Jerry Bruce that the system be
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decommissioned and be replaced by a more efficient Ecoflo system which
would be in keeping with MOE requirements and building code
requirements.
Mr. Jacoby indicated that the land in which the lot is proposed to be severed
is not zoned, an "unusual situation".
A situation as there was in the Township prior to 1974 where there was no
Zoning By-law in effect, thereby having no control on the land, no
requirement of setback, no requirement of minimum frontage.
Client is prepared to obey by the Shoreline Residential requirements.
Mr. Jacoby also indicated that the Township should have dealt with the
unzoned lands earlier.
Mr. Jacoby stated that the only variance that is being requested is the
setback of 23 metres to a setback of 11 metres from the slope provided the
slope stability is addressed through the Site Plan.
The Junior Planner read the letters received from Mr. Meissner and from
Mr. & Mrs. Dupuis verbatim.
Mr. Jacoby indicated that the concerns and comments brought forward from
Mr. Meissner dealt with the technical evidence that were produced by
GeoSpec and confirmed through the report that the lands are stable.
The Junior Planner confirmed to the Chairman that the two applications A-
2/03 and B-3/03 were conveyed into one planning report but will have
separate decisions.
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Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby Grant Minor Variance Application A-2/03 subject to the
following list of conditions:
1. That prior to issuance of a building permit, 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;
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 RS.O. 1990, c.P. 13; and,
4. That all municipal taxes be paid to the Township of Oro-Medonte.
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.. ...Carried."
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B-3/03
Carolyn Charlene Clark
Part Lots 15 & 16 (South Side of
Davis St); Part Lots 14,15,16
(fronting on Kempenfelt Bay);
Part Water Lots 14, 15, South Side
of Davis St, Oro)
71 Barrie Terrace
In Attendance: Carolyn Clark, applicant, Klaus Jacoby, applicant's agent, Chris
Meissner, neighbour.
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee hereby Grant Consent Application B-3/03 and be 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;
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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 the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu
of a parkland contribution pursuant to subsection 53(12) of the Planning Act,
RS.O. 1990 c. P.13;
4. That the severed and retained lands be appropriately rezoned to a Shoreline
Residential Exception Holding Zone;
5. That the applicant remove the existing septic system to be replaced by a new
septic system that will meet all current regulations, including setbacks; and,
6. 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."
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9:40
B-18/03
1210023 Ontario Inc.
Conc. 13, Pt. Lot 21 & 22 (Oro)
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In Attendance: Wayne Leacock, Solicitor for applicants, Sharon Neilson, neighbour,
Edison MacKinnon, neighbour.
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby Grant consent application B-18/03 subject to the following
list of conditions:
1. That three copies of deeds be submitted to the Committee Secretary to be
stamped using Form 1 as prescribed in the Planning Act.
2. That all Municipal taxes be paid to the Municipality.
3. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of giving of this notice.
.. ...Carried."
9:50
B-19/03
David & Kimberly Viney
Conc. 6, West Part Lot 11, 51R-
15497, Parts 1 & 2 (Oro)
665 Old Barrie Road W.
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In Attendance: Kim & David Viney, Applicants.
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee Defer Consent Application B-19/03 to allow applicant to reconsider
the size of the lot to be created and to review comments from the County.
... ..Carried.".
10:00
A-19/03
Randy Bowman
Conc. 14, Plan M-I0, Lot 14 (Oro)
13 Pine Ridge Trail
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In Attendance: Randy Bowman, Applicant, Jean Marc Chabot, Neighbour
Decision
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Moved by Joe Charles, seconded by Allan Johnson
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"That the Committee hereby Defer Minor Variance Application A-19/03 to provide time
for the applicant to prepare a more detailed site plan.
.....Carried."
10:10
A-20/03
Judith & Daniel Bryer
Plan 1531, Lots 5 & 6 (Medonte)
9 & 11 Beechwood Drive
In Attendance: Ross Heacock, Applicant's Solicitor.
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee hereby Grant Minor Variance Application A-20/03 subject to the
following condition:
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1. The existing swail on future driveway should be lowered and culvert installed
upon entrance inspection.
... ..Carried."
10:20
A-21/03
Esther A. Langman
Conc.l0, West Part Lot 23 (Oro)
911 Ridge Road E.
In Attendance: Esther & George Langman, Applicants
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee hereby Grant Minor Variance Application A-21/03 subject to the
following list of conditions:
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1. 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 RS.O. 1990, c.P. 13; and,
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2. Pursuant to the construction of the deck and mudroom, that the applicant submit a
survey to the Township to confirm that the location and size of the deck and
mudroom is in conformity with the relief granted by this minor variance and
approved expansion to a legal non-conforming use.
3. Addition would have to meet required setback to sewage system.
.. ...Carried."
10:30
A-22/03
Kevin & Dawn Flynn
Conc. 10, Plan 1488, Lot 101 (Oro)
185 Kennedy Ave.
In Attendance: Kevin & Dawn Flynn, Applicants
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee hereby Grant Minor Variance Application A-22/03 subject to the
following list of conditions:
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1. That prior to issuance of a building permit, 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;
3. That the garage doors not face Kennedy Road; 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 RS.O. 1990, c.P. 13.
... ..Carried."
10:40
B-211O3
Rosemary Mairs
Conc. 8, Part Lot 22 (Medonte)
6328 Line 8 N.
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In Attendance: Rosemary & Larry Mairs, Applicants.
Decision
Moved by Allan Johnson, seconded by Dave Edwards
"That the Committee Grant Consent Application B-21/03 subject to the following list of
conditions:
1. That three copies of a Reference Plan of the merged parcels and new lot be
prepared by an Ontario Land Surveyor be submitted to the 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 the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply
to any subsequent conveyance or transaction involving the parts of land subject of
this consent;
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, and;
5. That the septic system be relocated if it crosses the property line.
... ..Carried."
10:50
B-20/03
Alfred & Jeanalee Kanis
Conc. 1, South Part Lot 1 (Orillia)
8996 Highway 12
In Attendance: Beth Beaumont, Representing applicant, Hans Meyer,
neighbour, Brian Jakes, neighbour.
Decision
Moved by Joe Charles, seconded by Allan Johnson
"That the Committee Defer Consent Application B-20/03 to allow the Township Engineer
to complete his review.
.. ...Carried."
11:00
B-22/03
Paolucci Construction Limited
Lot 26, Plan 1720 (Orillia)
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157 Forest Plains Road
In Attendance: Vince Paolucci, Owner
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee Grant Consent Application B-22/03 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 the applicant pay a parkland dedication in the amount of $500; 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."
11:10
A-23/03
Kim Allen
Plan 1594, Part Lot 1 (Oro)
345 Tudhope Blvd.
In Attendance: Kim Allen, Applicant.
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee hereby Grant Minor Variance Application A-23/03 subject to the
following list of conditions:
I. That prior to issuance of a building permit, 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;
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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 RS.O. 1990, c.P. 13.
4. If sketch of survey is required, the location of the sewage system should be verified
also, and;
5. The location of the garage must be setback an additional 1.5 feet from the
proposed location of 3.28 feet, as set out in the application.
... ..Carried."
11:20
B-23/03
Laurel View Homes
Conc. 4, Plan M-741, Lots 36 & 37
(Oro)
In Attendance: Brandi Clement, Applicant's Solicitor
Decision
Moved by Joe Charles, seconded by Allan Johnson
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"That the Committee Grant Consent Application B-23/03 subject to the following list of
conditions:
I. 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 the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply
to any subsequent conveyance or transaction involving the parcel of land subject
of this consent; 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."
11:30
B-17/03
Andrew Tapp
Conc. 5, Lot 21, Plan 709 (Oro)
10 Park view Ave.
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In Attendance: Doug Hill, Applicant's Agent, David Burgess, Realtor
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Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby defer consent application B-17/03 to permit the applicant to
amend the application to more closely conform with the Zoning By-law.
.....Carried."
11:40
B-24/03
Horseshoe Valley Resort Ltd.
Conc. 3, East Half Lot 1 (Medonte)
In Attendance: Martin Kimble, representing Horseshoe Valley Resort
Decision
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee Grant Consent Application B-24/03 subject to the following list of
conditions:
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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 Council for the Township of Oro-Medonte supports the Horseshoe Valley
Comprehensive Development Plan by resolution;
4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu
of a parkland contribution pursuant to subsection 53(12) of the Planning Act,
RS.O. 1990 c. P.13;
5. 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."
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B-25/03
Horseshoe Valley Resort Ltd.
Conc. 3, East Half Lot 1 (Medonte)
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In Attendance: Martin Kimble, representing Horseshoe Valley Resort
Decision
Moved by Allan Johnson, seconded by Joe Charles
"That the Committee Grant Consent Application B-25/03 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 Council for the Township of Oro-Medonte supports the Horseshoe Valley
Comprehensive Development Plan by resolution;
4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu
of a parkland contribution pursuant to subsection 53(12) of the Planning Act,
RS.O. 1990 c. P.13;
5. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the gi ving of this notice as noted below.
... ..Carried."
11:50
B-26/03
Horseshoe Valley Resort Ltd.
Conc. 3, Lot 2 (Oro)
In Attendance: Martin Kimble, representing Horseshoe Valley Resort
Decision
Moved by Dave Edwards, seconded by Joe Charles
"That the Committee Grant Consent Application B-26/03 subject to the following list of
conditions:
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I. That three copies of a Reference Plan of the lands subject to the easement be
prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
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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 the easement granted as per B-26/03 be for the exclusive use of a waterline
serving Carriage Hills Resort;
4. The easement granted as per B-27/03 be for the exclusive use of telephone and
cable utilities to serve Carriage Hills Resort;
5. 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."
B-27/03
Horseshoe Valley Resort Ltd.
Conc. 3, Lot 2 (Oro)
In Attendance: Martin Kimble, representing Horseshoe Valley Resort
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Decision
Moved by Allan Johnson, seconded by Dave Edwards
"That the Committee Grant Consent Application B-27/03 subject to the following list of
conditions:
1. That three copies of a Reference Plan of the lands subject to the easement be
prepared by an Ontario Land Surveyor be submitted to the 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 the easement granted as per B-26/03 be for the exclusive use of a waterline
serving Carriage Hills Resort;
4. The easement granted as per B-27/03 be for the exclusive use of telephone and
cable utilities to serve Carriage Hills Resort;
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5. 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.
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... ..Carried."
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7. Other Business
Moved by Dave Edwards, Seconded by Allan Johnson
"That the minutes for January 16th 2003 be received"
.. . Carried.
Moved by Joe Charles, Seconded by Dave Edwards
"That the minutes for July 12th 2003 be received"
., . Carried.
5. Adjournment
Moved by Allan Johnson, Seconded by Joe Charles
"That the meeting be adjourned at 3: 15 p.m."
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... Carried.
(NOTE: A tape of this meeting is available for review.)
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