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06 01 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, June 1, 2022 5:30 p.m. Effective Monday, March 28, 2022, all Township facilities are open to the Public for Customer Service (all meetings to remain virtual) with safety measures in place including social distancing and discretionary masks/face coverings. Residents and business owners are encouraged to continue to utilize online and telephone services for Township related business; and staff continue to be available to provide assistance by telephone or email. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or IDS Committee Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: 2. Agenda Approval: Page 1 of 351 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 29 a) Minutes of Development Services Committee meeting held on Wednesday, May 4, 2022. 5. Public Meetings: None. 6. Public Hearings: 30 - 38 a) 5:30 p.m. Minor Variance Application 2022-A-30, The Timbersmith Log, 2245 Horseshoe Valley Road West (Additional Public Hearing to be rescheduled to Thursday, July 7, 2022 Development Services Committee meeting). 39 - 60 b) 5:40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-31, Bruce and Ann Magee, 183 Eight Mile Point Road. 61 - 95 c) 5:50 p.m. DS2022-083, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-32, 2453247 Ontario Inc., 40 Lakeshore Road East (to to distributed). 96 - 130 d) 6:00 p.m. DS2022-084, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-33, Beverley Crawford, 411 Lakeshore Road East (to be distributed). 131 - 166 e) 6:10 p.m. DS2022-085, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-34, George and Sepi Horne, 2315 Lakeshore Road East (to be distributed). 167 - 185 f) 6:20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance Application 2022-A-35, Diana Deakin-Thomas, 72 Huronwoods Drive. 186 - 215 g) 6:30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re-Minor Variance Application 2022-A-36, Debby Storey & Graham Western, 235 Lakeshore Road West. 216 - 236 h) 6:40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-37, Robert and Sky Bicevskis, 1067 Lakeshore Road East. 237 - 256 i) 6:50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance Application 2022-A-38, 1928655 Ontario Ltd., 1361 Old Barrie Road West. 257 - 283 j) 7:00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-19, Frank Nolte, 5789 Line 4 North. Page 2 of 351 284 - 328 k) 7:10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-21, Dianne Mawdsley, 225 Line 13 South. 7. Reports of Municipal Officers: 329 - 337 a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT) Hearing Representation Minor Variance Application 2021-A-76 (Masalova)2239 Lakeshore Road East. 338 - 344 b) DS2022-087, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2022-D-02 by Robert & Sky Bicevskis, 1065 & 1067 Lakeshore Road East, Lots 15, 16 & 17, Plan 882 [Refer to Item 5b) 06 01 2022 Council Agenda]. 345 - 351 c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2003-D-01, Jennifer & John Brundage, 23 Maple Ridge Road, Lots 11 & 12, Plan 51 M-726 [Refer to Item 5a) 06 01 2022 Council Agenda]. d) DS2022-089, Derek Witlib, Manager, Planning Services re: Planning Division Activity Summary (to be brought forward to the Thursday, July 7, 2022 Development Services Committee meeting). 8. Next Meeting Date: Thursday, July 7, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, May 4, 2022 5:30 p.m. Present: Mayor H.S. Hughes Councillor Ian Veitch Deputy Mayor Ralph Hough Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Deputy CAO/Director, Development Services; Derek Witlib, Present: Manager, Planning Services; Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC220504-1 Moved by Hough, Seconded by Keane It is recommended that the agenda for the Development Services Committee meeting of Wednesday May 4, 2022 be received and approved; That consolidated Procedural By-Law No. 2017-165 be waived to permit the meeting continue in a virtual format. Carried. Page 1 of 26 Page 4 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. Motion No. DSC220504-2 Moved by Greenlaw, Seconded by DeSousa It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. Carried. 3. Disclosure of Pecuniary Interest: Councillor Veitch declared a conflict of interest on Item 6b) DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte due to the proximity of his backyard property abutting the Freed Development property (formerly Skyline) that is seeking a minor variance in adjustment of two proposed condo buildings on that property. Public hearing Notice received in mail. '1%40V Mayor H.S. Hughes declared a conflict of interest on Item 6b) DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte as his son lives in the area that is notified of a development application proposal. 4. Approval of Minutes: 40, a) Minutes of Development Services Committee meeting held on Wednesday, April 6, 2022. Motion No. DSC220504-3 1% Moved by Veitch, Seconded by Scott It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 6, 2022 be received and approved as printed and circulated. Carried. Page 2 of 26 Page 5 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, municipally known as 5071 Highway 11 North and described as East Part of Lot 16, Concession 14 (Oro) , Parts 1 and 2 on 51 R-30258, Township of Oro-Medonte, County of Simcoe; 2022- OPA-01 & 2022-ZBA-03 (2041063 Ontario Ltd.). Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed applications by 2041063 Ontario Ltd. The following correspondence was received: Enbridge Gas Ltd. dated March 30, 2022; Township of Oro-Medonte, Manager, Development Engineering dated March 30, 2022; Township of Oro-Medonte, Building Division dated March 31, 2022; Township of Oro- Medonte, Operations Division dated April 1, 2022. N, Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed applications. A PowerPoint presentation was presented. Josh Morgan, Morgan Planning and Development Inc., on behalf of the applicant, was present. Admohlb- Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting.; There being no further comments or questions, the meeting adjourned. Page 3 of 26 Page 6 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. b) Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 3 South Part Lot 27 Part Lot 28 Reference Plan 51 R19629 Parts 1 to 4 (Oro), 2022-SUB-01 & 2022- ZBA-04 (Shanty Bay Estates Ltd.). Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed applications by Shanty Bay Estates Ltd. The following correspondence was received: Canada Post dated April 14, 2022; Bell Canada, WSP dated April 18, 2022; Paul Eakin dated April 20, 2022; Township of Oro- Medonte, Building Division dated April 21 , 2022; Lanny Cole dated April 25, 2022; Enbridge Gas Inc. dated April 27, 2022; Simcoe County District School Board dated May 2, 2022; Natacha Norman dated May 3, 2022; County of Simcoe, Planning Department dated May 3, 2022; Shelby White and Ryan Dobie dated May 3, 2022; Gord and Ruth Dixon dated May 3, 2022; Patrick and Davina Doorly dated May 3, 2022; Irena Pozgaj-Jones dated May 41 2022; Matt Pryce dated May 4, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed applications. A PowerPoint presentation was presented. Kory Chisholm, MHBC Planning Urban Design & Landscape Architecture, on behalf of the applicant, was present. A PowerPoint presentation was presented. Fred Picavet and Nick Millington, applicants, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that additional correspondence from David Clarke was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 26 Page 7 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. 6. Public Hearings: a) DS2022-070, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-18, Paul Barker & Diane Fletcher, 29 Moon Point Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Paul Barker & Diane Fletcher. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Township of Oro-Medonte, Building Division dated April 21, 2022; Lake Simcoe Region Conservation Authority dated April 25, 2022; Township of Oro- Medonte, Manager, Development Engineering dated April 25, 2022, Brian Ward dated May 4, 2022. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Paul Barker, applicant, was present. 'NkAol 1% Brian Ward provided the following public comments: Comments regarding the size of the application finding it excessive, dumping on the property, septic leaking, contamination concerns, burning, soil concerns with the disturbance of construction, aerial view of map is misleading, the man door location (which side of the building), boathouse angles with the lake comments, size and location of dock in front of his property in relation to the man door and the intention of the steps. Staff confirmed that no additional correspondence from the public was received during this meeting. 1006.41010100100hh� INK There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-4 L '1% Moved by DeSousa, Seconded by Veitch It is recommended 1. That DS2022-070, Michael Barton, Township Planning Consultant re. Minor Variance Application 2022-A-18, Paul Barker & Diane Fletcher, 29 Moon Point Drive be received and adopted. 2. That Minor Variance Application 2022-A-18 by Paul Barker & Diane Fletcher, specifically for permission to demolish the existing boathouse and construct a new boathouse in the rear yard backing onto Lake Simcoe with a maximum width 46.5 percent of the width of the lot at the average high water mark (30%permitted), be approved subject to the conditions as outlined in DS2022-070. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 26 Page 8 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. b) DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte. Councillor Veitch declared a conflict of interest on Item 6b) DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte due to the proximity of his backyard property abutting the Freed Development property (formerly Skyline) that is seeking a minor variance in adjustment of two proposed condo buildings on that property. Public hearing Notice received in mail. Councillor Veitch turned off his video and did not participate in the discussion or vote on this item. Mayor H.S. Hughes declared a conflict of interest on Item 6b) DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte as his son lives in the area that is notified of a development application proposal. Mayor H.S. Hughes turned off his video and did not participate in the discussion or vote on this item. Councillor Keane assumed the Chair*,,,,, ,,,, 'IV Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by HSV Limited Partnership. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 21 , 2022; Township of Oro-Medonte, Environmental Services dated April 21, 2022; Township of Oro-Medonte, Operations Division dated April 21, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; Simcoe County District School Board dated April 27, 2022; Lance Chilton dated April 25 and May 4, 2022; Olivier Bue dated May 2, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Kory Chisholm, MHBC Planning Urban Design & Landscape Architecture, on behalf of the applicant, was present. A PowerPoint presentation was presented. Derrick Canete, applicant, was present. Bernard Sin, on behalf of the applicant, was present. Page 6 of 26 Page 9 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. One public registration was received but was not present. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-5 Moved by Scott, Seconded by Hough A, It is recommended 1. That DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte be received and adopted. 2. That Minor Variance Application 2022-A-19 by HSV Limited Partnership specifically to permit a minimum gross floor area of 30.0 square metres (322.9 square feet) for dwelling units in the Village One Exception 318 (V1*318) Zone on lands municipally known as 1101 Horseshoe Valley Road West, Township of Oro-Medonte, be approved subject to the condition as outlined in DS2022-068. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. IsCarried. Mayor H.S. Hughes assumed the Chan Page 7 of 26 Page 10 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. c) DS2022-051, Danielle Waters, Planner re: Minor Variance Application 2022-A-20, Andrew Doge, 9638 Highway 12. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Andrew Doge. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022, Nottawasaga Valley Conservation Authority dated April 28, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew Doge, applicant, was present. Staff confirmed that no additional public registrations were received.`' Staff confirmed that no additional correspondence from the public was received during this meeting. INK Iql0uhh, There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-6 Moved by Keane, Seconded by Greenlaw It is recommended 1. That DS2022-051, Danielle Waters, Planner re: Minor Variance Application 2022-A- 20, Andrew Doge, 9638 Highway 12 be received and adopted. 2. That Minor Variance Application 2022-A-20 by Andrew Doge specifically to permit the construction of a detached accessory building with an increased height to 5.6 metres (18.3 feet) and increased floor area to 146.5 square metres (1 ,577.0 square feet) on lands municipally known as 9638 Highway 12, be approved, subject to the conditions as outlined in DS2022-051. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 26 Page 11 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. d) DS2022-52, Danielle Waters, re: Minor Variance Application 2022-A-21 , Angela Fleming, Concession 6, South Part Lots 19 and 20 (Medonte); and DS2022-53, Danielle Waters, Planner re: Consent Application 2022-B-12, Angela Fleming, 5675 Line 5 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed applications by Angela Fleming. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20, 2022; Ball Canada, Right of Way dated April 21, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Township of Oro- Medonte, Manager, Development Engineering dated April 25, 2022; County of Simcoe, Planning Department dated April 26, 2022; Nottawasaga Valley Conservation Authority dated May 4, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed applications. A PowerPoint presentation was presented. The applicant was not present. ft' Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Page 9 of 26 Page 12 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. Motion No. DSC220504-7 Moved by Veitch, Seconded by Scott It is recommended 1. That DS2022-52, Danielle Waters, re: Minor Variance Application 2022-A-21 , Angela Fleming, Concession 6, South Part Lots 19 and 20 (Medonte) be received and adopted. 2. That Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a 20.0 metre setback from the Environmental Protection zone on lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be deferred, to provide the opportunity for the applicant to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan and Township Official Plans. 3. That Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a reduced frontage of 0.0 metres (0.0 feet) and to permit construction of a building(s) on a lot that does not front on an assumed public street for lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be approved, subject to the conditions as outlined in DS2022-052. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC220504-8 Moved by Hough, Seconded by Keane' It is recommended 1. That DS2022-53, Danielle Waters, Planner re: Consent Application 2022-B-12, Angela Fleming, 5675 Line 5 North be received and adopted. 2. That Consent Application 2022-B-10 by Angela Fleming to grant an access easement with a width of approximately 12.2 metres (40.0 feet) and an area of approximately 0.28 hectares (0.7 acres) over 5675 Line 5 North to provide access to the property legally described as Concession 6, South Part Lot 19 and 20 (Medonte), be approved, subject to the conditions as outlined in DS2022-053. 3. That the applicant be advised of the Committee's decisions under the Secretary- Treasurer's signature. IV Carried. Page 10 of 26 Page 13 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. e) DS2022-054, Danielle Waters, Planner re: Minor Variance Application 2022-A-22, Hayden Whitmore, 2055 Warminster Sideroad. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Hayden Whitmore. The following correspondence was received: Township of Oro-Medonte, Operation Division dated April 19, 2022; Severn Sound Environmental Association dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; Nottawasaga Valley Conservation Authority dated April 28, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Awr IN�k6 Hayden Whitemore, applicant, was present.IL Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-9 Is Moved by Greenlaw, Seconded by DeSousa It is recommended 1. That DS2022-054, Danielle Waters, Planner re: Minor Variance Application 2022-A- 22, Hayden Whitmore, 2055 Warminster Sideroad be received and adopted. 2. That Minor Variance Application 2022-A-22 by Hayden Whitmore specifically to permit the construction of a detached accessory building with an increased height to 6.7 metres (22.0 feet) and increased floor area to 119.8 sq. m (1,290.0 sq. ft.) on lands municipally known as 2055 Warminster Sideroad, be approved, subject to the conditions as outlined in DS2022-054. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Councillor Keane assumed the Chair. Page 11 of 26 Page 14 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. f) DS2022-058, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-13 and Minor Variance Application 2022-A-23 by Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro). Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed applications by Paula Beech and Brian Beatty. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Enbridge Gas Inc. dated April 20, 2022; Township of Oro-Medonte, Environmental Services dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21, 2022; Bell Canada, Right of Way dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; County of Simcoe, Planning Department dated April 28, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Brian Beatty, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-10 Moved by Hughes, Seconded by Hough It is recommended 61h" *40%40 1. That DS2022-058, Catherine McCarroll, Intermediate Planner re: Consent Application 2022- B-13 and Minor Variance Application 2022-A-23 by Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro) be received and adopted. 2. That Consent Application 2022-B-13 by Paula Beech & Brian Beatty, to create a residential lot on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-058. 3. That Minor Variance Application 2022-A-23 by Paula Beech & Brian Beatty, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 35.1 metres (115.0 feet) and a retained lot with a minimum lot area of 1.6 hectares (4.0 acres) and a minimum lot frontage of 32.48 metres (106.6 feet) on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-058. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 12 of 26 Page 15 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. g) DS2022-071, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-24, Jeff McHardy, 20 Owen Road. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jeff McHardy. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022. .:: .. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jeff McHardy, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-11 Moved by DeSousa, Seconded by Greenlaw It is recommended 1. That DS2022-071, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-24, Jeff McHardy, 20 Owen Road be received and adopted. 2. That Minor Variance Application 2022-A-24 by Jeff McHardy, specifically for permission to build a detached structure in the front yard, set back 2.43 metres from the front lot line and 1.2 metres from the east interior side lot line, with a maximum floor area of 71 .3 m2 (70 m2 permitted) be approved subject to the conditions as outlined in DS2022-071. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 26 Page 16 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. h) DS2022-059, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-25, Dawn and Wayne Gorecki, 4 Pods Lane. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Dawn and Wayne Gorecki. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Sharon and Phil DeCarlo dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Wayne Gorecki, applicant, was present. 4F Staff confirmed that no additional public registrations were received.`' Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-12 Moved by Scott, Seconded by Veitch It is recommended 1. That DS2022-059, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-25, Wayne & Dawn Gorecki, 4 Pods Lane be received and adopted. 2. That Minor Variance Application 2022-A-25 by Dawn and Wayne Gorecki specifically for permission to build a detached accessory building (gazebo) with a reduced interior side yard setback of 1 .4 metres (4.6 feet), on lands municipally known as 4 Pod's Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-059. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Mayor H.S. Hughes assumed the Chair. Page 14 of 26 Page 17 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. i) DS2022-066, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-18 & Minor Variance 2022-A-26 Stephen Moro & 2618636 Ontario Ltd., Concession 3 S Part Lot 28, Reference Plan 51 R-2511 Parts 1 and 2 (Oro) 1244 & 1250 Line 3 South. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Stephen Moro & 2618636 Ontario Ltd. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21, 2022; Lake Simcoe Region Conservation Authority dated April 25, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; County of Simcoe, Planning Department dated May 2, 2022. Andria Leigh Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Philippe Lamadeleine, agent on behalf of the applicant, was present. Stephen Moro, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-13 Moved by Greenlaw, Seconded by DeSousa It is recommended IN40 1. That DS2022-066, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-18 & Minor Variance 2022-A-26 Stephen Moro & 2618636 Ontario Ltd., Concession 3 S Part Lot 28, Reference Plan 51 R-2511 Parts 1 and 2 (Oro) 1244 & 1250 Line 3 South be received and adopted, as amended. 2. That Consent Application 2022-B-18 by 2618636 Ontario Ltd., to permit a boundary adjustment having a lot frontage of Approximately 7.6 m (24.9 ft.), a lot depth of approximately 9.87 m (32.4 ft.), and a lot area of approximately 58.26 sq.m. (627.1 sq.ft.) to be added to the property located at 1250 Line 3 South, be approved subject to the conditions as outlined in DS2022-066. 3. That Minor Variance Application 2022-A-26 by Stephen Moro, specifically to permit a boundary adjustment through Consent Application 2022-B-18 from 1244 Line 3 South to 1250 Line 3 South in order to allow for an addition to the existing boathouse with a maximum height of 7.77 metres (25.5 feet) above the elevation of the average high water mark of Lake Simcoe be approved subject to the conditions as outlined in DS2022-066, as amended, to delete "human habitation" in Condition 5c). 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 15 of 26 Page 18 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. Councillor Keane assumed the Chair. j) DS2022-072, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-27, Jamie Kennedy, 1015 Peter Street West. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jamie Kennedy. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 21 , 2022; Township of Oro-Medonte, Operations Division dated April 21 , 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; Nottawasaga Valley Conservation Authority dated April 28, 2022; Kay Hawkins dated May 2, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew McIntyre, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-14Oby Moved by Hough, Secondecott It is recommended 1. That DS2022-072, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-27, Jamie Kennedy, 1015 Peter Street West be received and adopted. 2. That Minor Variance Application 2022-A-27 by Jamie Kennedy specifically for permission to build a detached structure in the front yard with a maximum building height of 5.5 metres and a maximum floor area of 164 m2, be approved subject to the conditions as outlined in DS2022-072. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 16 of 26 Page 19 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. k) DS2022-073, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-28, Tomi & Piia Alatalo, 31 Bay Street. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Tomi & Piia Alatalo. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 21, 2022; Township of Oro-Medonte, Operations Division dated April 21, 2022; Lake Simcoe Region Conservation Authority dated April 25, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Tero Malcolm, on behalf of the applicant, was present. Tomi Alatalo, applicant, was present. Nbh, Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-15 01116, Moved by Veitch, Seconded by HugheAINNNFI"�� INK _; It is recommended 1. That DS2022-073, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-28, Tomi & Piia Alatalo, 31 Bay Street be received and adopted. 2. That Minor Variance Application 2022-A-28 by Tomi & Piia Alatalo, specifically for permission to build a single detached dwelling with attached three car garage with a reduced front yard setback of 3.5 metres (11 .4 feet), on lands municipally known as 31 Bay Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-073. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 17 of 26 Page 20 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. 1) DS2022-060, Catherine McCarroll re: Minor Variance Application 2022-A-29, Manuela Filoso, 1563 15/16 Sideroad East. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Manuela Filoso. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20 and 22, 2022; Township of Oro-Medonte, Building Division dated April 21 and 22, 2022; Lake Simcoe Region Conservation Authority dated April 25, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022 (2). Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Manuela Filoso, applicant, was present. Staff confirmed that no additional public registrations were received. *46 Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-16 01116, Moved by DeSousa, Seconded by Greenlaw It is recommended 1. That DS2022-060, Catherine McCarroll re: Minor Variance Application 2022-A-29, Manuela Filoso, 1563 15/16 Sideroad East be received and adopted. 2. That Minor Variance Application 2022-A-29 by Manuela Filoso specifically for permission to build an addition to the existing non-complying single detached dwelling with a reduced setback of 15.0 metres (49.2 feet) from the limits of the Environmental Protection Zone and a reduced setback of 26.0 metres (85.3 feet) from the top of bank of the watercourse, on lands municipally known as 1563 15/16 Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-060. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 18 of 26 Page 21 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. m) DS2022-055, Danielle Waters, Planner re: Consent Application 2022-B-10, Victor Parsons, 342 Tudhope Blvd. Councillor Keane called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Victor Parsons. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Bell Canada, Right of Way dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; Antonio and Lisa Pittiglio dated April 27 and 29, 2022; Simcoe County, Planning Department dated April 28, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. 1\ The applicant was not present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-17 Moved by Scott, Seconded by Veitch It is recommended 1. That DS2022-055, Danielle Waters, Planner re: Minor Variance Application 2022-13- 10, Victor Parsons, 342 Tudhope Blvd be received and adopted. 2. That Consent Application 2022-B-10 to permit the creation of a new residential lot be deferred, to allow the applicant time to provide a revised site plan, including a building and septic envelope for the proposed lot. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Mayor H.S. Hughes assumed the Chair. Page 19 of 26 Page 22 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. n) DS2022-074, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-11, Mary Lynn Weinert, 41 Cahiague Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Mary Lynn Weinert. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Bell Canada, Right of Way dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; Simcoe County, Planning Department dated April 26, 2022; Nottawasaga Valley Conservation Authority dated April 28, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented Mary Lynn Weinert, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-18 Moved by Keane, Seconded by Hough It is recommended 1. That DS2022-074, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-11 , Mary Lynn Weinert, 41 Cahiague Road be received and adopted. 2. That the Development Services Committee approve Consent Application 2022-B-11 being a boundary adjustment to convey a parcel having an area of 7.85 hectares from 41 Cahiague Road, to be added to the adjacent parcel at 25 Cahiague Road, while retaining the existing single detached dwelling and accessory structure on the retained lands of 1.15 hectares, subject to the conditions outlined in DS2022-074. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 20 of 26 Page 23 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. o) DS2022-063, Andy Karaiskakis, Senior Planner re: Consent Application 2022-B-14 by David Beard, Lauren Baker & Deanna Davignon, 872 Horseshoe Valley Road East. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David Beard, Lauren Baker & Deanna Davignon. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 20, 2022; Township of Oro-Medonte, Building Division dated April 21 , 2022; Bell Canada, Right of Way dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; County of Simcoe, Planning Department dated May 2, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented.' David Beard, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-19i Moved by Veitch, Seconded by Scott It is recommended 1. That DS2022-063, Andy Karaiskakis, Senior Planner re: Consent Application 2022- B-14 by David Beard, Lauren Baker & Deanna Davignon, 872 Horseshoe Valley Road East be received and adopted. 2. That Consent Application 2022-B-14 by David Beard, Lauren Baker & Deanna Davignon, to permit a boundary adjustment having a lot frontage of approximately 7.6 metres (25.0 feet), a lot depth of approximately 79.2 metres (260.0 feet) and an area of approximately 0.12 hectares (0.29 acres) to be added to the property located at 900 Horseshoe Valley Road East, be approved subject to the conditions as outlined in DS2022-063. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 21 of 26 Page 24 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. p) DS2022-061, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-15, Susan Jesson & John Besse, 153 Rail Trail Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Susan Jesson & John Besse. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 19, 2022; Enbridge Gas Inc. dated April 20, 2022; Township of Oro- Medonte, Building Division dated April 21, 2022; Ball Canada, Right of Way dated April 22, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022, County of Simcoe, Planning Department dated April 28, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. 1K Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-20 Moved by Greenlaw, Seconded by DeSousa It is recommended 1. That DS2022-061, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-15, Susan Jesson & John Besse, 153 Rail Trail Drive be received and adopted. 2. That Consent Application 2022-B-15 by Susan Jesson & John Besse, to create a residential lot on the lands municipally known as 153 Rail Trail Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-061 . 3. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 22 of 26 Page 25 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. q) DS2022-067, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-16 by Sunbird Developments Limited, Concession 5 West Part Lot 26 (Oro). Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Sunbird Developments Limited. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 21, 2022; Bell Canada, Right of Way dated April 22, 2022; Lake Simcoe Region Conservation Authority dated April 25, 2022; Township of Oro-Medonte, Manager, Development Engineering dated April 25, 2022; County of Simcoe, Planning Department dated May 2, 2022. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Megan Asbil, Innovative Planning Solutions (IPS) Consulting Inc., on behalf of the applicant, was present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220504-214�byy Moved by Hough, Secondeeane It is recommended 1. That DS2022-067, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-16 by Sunbird Developments Limited, Concession 5 West Part Lot 26 (Oro) be received and adopted. 2. That Consent Application 2022-B-16 by Sunbird Developments Limited, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), approximately 320 metres (1049 feet) of lot depth, and an area of approximately of 3.4 hectares (8.4 acres) to be added to the property located at Line 5 South (Roll Number 4346-010- 008-09500), be approved subject to the conditions as outlined in DS2022-067. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 23 of 26 Page 26 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. 7. Reports of Municipal Officers: a) DS2022-056, Danielle Waters, Planner re: Minor Variance Application 2021-A-73, Derek Surerus, 32 Broadview Avenue. Motion No. DSC220504-22 Moved by Keane, Seconded by Veitch It is recommended 1. That DS2022-056, Danielle Waters, Planner re: Minor Variance Application 2021-A- 73, Derek Surerus, 32 Broadview Avenue be received and adopted. 2. That Minor Variance Application 2021-A-73 by Derek Surerus, specifically for permission to permit a detached accessory building with an exterior side yard setback of 2.5 metres (8.2 feet) on the lands municipally known as 32 Broadview Avenue, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2022-056. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. X%hoh'l b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services re: Deeming By-law Application 2022-D-01, Alfonso Guarino and Daniele Guarino, 34 Goss Road and Adjacent Plan 993 Lots 22 and 23 (1109 Woodland Drive) [Refer to Item 5b) 05 04 2022 Council Agenda]. Motion No. DSC220504-231 Moved by DeSousa, Seconded by Greenlaw= It is recommended 1 . That DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services re: Deeming By-law Application 2022-D-01, Alfonso Guarino and Daniele Guarino, 34 Goss Road and Adjacent Plan 993 Lots 22 and 23 (1109 Woodland Drive) be received and adopted. 2. That Deeming By-law Application 2022-D-01 by Alfonso Guarino and Daniel Guarino, to deem the two parcels (Lots 22 and 23 on Plan 993) under the Planning Act not to be a registered plan of subdivision, for lands located at 1109 Woodland Drive and adjacent parcel to the east (address not assigned), Township of Oro- Medonte, be approved. 3. That the appropriate draft By-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 24 of 26 Page 27 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling at 551 Penetanguishene Road by David Burgess and Marites Calacala [Refer to Item 5a) 05 04 2022 Council Agenda]. The Committee consented to allow David Burgess to provide additional comments. Motion No. DSC220504-24 Moved by Scott, Seconded by Hough It is recommended 1. That DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling at 551 Penetanguishene Road by David Burgess and Marites Calacala be received and adopted. 2. That Committee authorizes the request of David Burgess and Marites Calacala, to allow the owners to temporarily reside in their existing dwelling that currently occupies the property at 551 Penetanguishene Road which is to be demolished within twelve (12) months from the time of issuance of the building permit for the new dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. d) DS2022-069, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2022-ZBA-09 by 2353970 Ontario Inc., 81 Moonstone Road East [Refer to Item 5c) 05 04 2022 Council Agenda]. Motion No. DSC220504-25>, Moved by Greenlaw, Seconded by Scott It is recommended. 1. That DS2022-069, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2022-ZBA-09 by 2353970 Ontario Inc., 81 Moonstone Road East be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-09 by 2353970 Ontario Inc. to remove a Holding (H) symbol from lands located at 81 Moonstone Road East be approved. 3. That the appropriate draft By-law be brought forward for Council's consideration. 4. That the applicant be advised of the Council's decision under the Director, Development Services' signature. Carried. Page 25 of 26 Page 28 of 351 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 4, 2022. 8. Next Meeting Date: Wednesday, June 1, 2022. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC220504-26 Moved by Veitch, Seconded by DeSousa It is recommended that we do now adjourn at 10:05 p.m. Carried. 1K An audio file is available through the Township's website. Mayor H.S. Hughes, Chair Andria Leigh, Deputy CAO/Director, Development Services Page 26 of 26 Page 29 of 351 Minor Variance Application 2022-A-30 (The Timbersmith Log) v Location: 2245 Horseshoe Valley o Road West r o. Zoning: Economic Development & , ;- 0 Environmental ProtectionCD ` �. 0 Official Plan: Oro-Moraine Core . + r 0 Current Use: Commerical s - 0 N f'~ O N N v - w cQ O CD o � 3 Arard Heritage,Exciting Fwf Cr CD 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v Purpose: The applicant is proposing to construct a detached accessory o building. The applicant is seeking relief to the following section of Zoning By-law 3 97-95, as amended: 0 Table B3 — Standards for Industrial Zones, front yard setback v Required: Proposed: 11 .0 metres (36.0 feet) 10.0 metres (32.8 feet) D v o' N O N N D � W cQ O m _ w � 0 CD C w rr,un;j,o� Pra d HrHll gr,E-iimg Ferliirr Cr CD Cn 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v Aerial Photo: o 3 O f 0 CD r — O N � O N N D � W cQ O m _ CO N � O (D W V1Y/G'es��CC.IGU/ Pr—d Heritage,Exciting Fufurr Cr CD Cn 3 r O 9 Minor Variance Application 2022-A-30 (The Timbersmith Log) v Applicant's Site Plan: x� x--� o YSR 91 xC1RES 33'PatAre►Y uttF to PM26ock trcp ROo � e 3 a � =3 22 .IPA , 0 l »� G0�60�vo i \,00 %; Z ART 2,' 5IR-131 Ar—d Heritage,Ex W,lg Fufurr Cr CD Cn 3 r 0 9 Minor Variance Application 2022-A-30 (The Timbersmith Log) v Applicant's Drawings: o 0. II+ o v' j m o N 0 ( N F � D w m I I ca r u,nsh;p I ID Praa HniIM Ezri q Fnl— 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v w or O 0 CD CD — v <�; N - O N N East on Horseshoe West on Horseshoe o CA) --i 0 (D W 043 ttPi Pr—d Heritage,Exciting Fufurr Cr CD Cn 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v w O APH CD CO o' Fig N * N Notice sign posted CO Pr—d Heritage,Exciting Fufurr Cr CD Cn 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v _ w O 3 0 v 0 CD v o. - � N O N N D � - W Existing building for Existing structures P CO 0 variance _4, CO 3 Arard Hrritagr,Exciting Fufurr Cr CD Cn 3 r 0 cQ Minor Variance Application 2022-A-30 (The Timbersmith Log) v w O 3 0 No decision to be made tonight. v 0 Additional variances required. Application to be brought forward to July DSC meeting. v N O N N D � W cQ O m _ CO w 0 cD /'CJG"�ttPi 3 Pr—d Heritage,Exciting Fufurr Cr CD Cn 3 r 0 cQ 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-082 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-31 Roll #: Bruce & Ann Magee R.M.S. File #: 4346-010-012-31100 183 Eight Mile Point Road D13 60550 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-082 be received and adopted. 2. That Minor Variance Application 2022-A-31 by Bruce & Ann Magee, specifically for the purpose of an accessory building (detached garage) with a floor area of 76.2 square metres (820 square feet), on lands municipally known as 183 Eight Mile Point Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-082. 3. The conditions are as follows: a) That notwithstanding Section 5.1.6, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants maintain and preserve the existing vegetative buffer on the subject lands between the proposed accessory building and Eight Mile Point Road, or replace with a similar vegetative buffer if destroyed; d) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 1, 2022 Report No. DS2022-082 Page 1 of 12 Page 39 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is a shoreline lot that has an area of 0.196 hectares (0.48 acres) and contains a single detached dwelling and 2 small sheds. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a single-storey detached garage with a floor area of 76.2 square metres (820 square feet). Therefore, the applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.1 .6 — Maximum Floor Area for Accessory Building Required. Proposed: 70 square metres 753.5 square feet 76.2 s uare metres 820 square feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited development that is consistent with the PPS with respect to Rural Areas. With respect to Natural Heritage, there is a Significant Woodland on the inland side of Eight Mile Point Road (as identified through the County of Simcoe Official Plan's Greenlands designation that applies to the woodland) that represents a Natural Heritage Feature within the meaning of the PPS (refer to Schedule 5). Section 2.1.8 of the PPS states that, "Development and site alteration shall not be permitted on adjacent lands to the natural heritage features... unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions." For reasons that are further detailed in the Growth Plan section of this report (see below), Planning Staff is of the opinion that this application is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building conforms to with the Rural Areas Development Services June 1, 2022 Report No. DS2022-082 Page 2 of 12 Page 40 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... policies in the Growth Plan. Pursuant to Section 4.2.4.5, development is permitted outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development. The proposed development conforms to Section 4.2.4.5. Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) is also applicable to this application, since there is a Significant Woodland on the inland side of Eight Mile Point Road (as identified through the County of Simcoe Official Plan's Greenlands designation that applies to the woodland) that represents a Natural Heritage Feature within the meaning of the Growth Plan. Section 4.2.4 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan... will require a natural heritage evaluation... that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature... and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self- sustaining vegetation... and; c) for... significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature..." Planning staff notes that the proposed detached garage will be more than 30 metres from the edge of the Significant Woodland and that the portion of the subject lands between the proposed accessory building and the Eight Mile Point Road contains dense, natural tree cover. Therefore, it is Planning Staff's opinion that the required vegetation protection zone is already established, thereby: • Satisfying Section 4.2.4 of the Growth Plan; and • Maintaining consistency with Section 2.1 .8 of the PPS without the need for a natural heritage evaluation. Planning Staff have included as a recommended condition for this application that the existing vegetative buffer be maintained. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing Development Services June 1, 2022 Report No. DS2022-082 Page 3 of 12 Page 41 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re- structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed accessory building will not expand into the significant woodland. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The subject property is located within the regulated area and will be subject to obtaining a LSRCA permit prior to building permit issuance; the LSRCA permit has been included as a condition. The Committee should have regard to any LSRCA comments that may be received. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development, which includes accessory buildings on residential properties. In Planning Staff's opinion, the detached garage conforms to the County's Official Plan as it is associated with an existing permitted residential use. Section 3.8.20 (Greenlands) of the County Official Plan is applicable to this application, and states: "If it is determined by the County at the pre-consultation stage in the planning application process, that the subject property does not contain any natural heritage features and areas on the subject or adjacent lands which could be impacted by the proposed development and that the lands are not required as a connection, linkage or providing an ecological function to the natural heritage system, no EIS would be required to be submitted." Pre-Consultation is not typically undertaken for minor development and no pre- consultation with County Staff took place with respect to this application. For the reasons discussed in the PPS and Growth Plan Sections of this report, it is Township Planning Staff's opinion that an EIS (natural heritage evaluation) is not necessary in this case, given the separation and existing vegetative buffer between the significant woodland and the proposed accessory building. Based on the above, Planning Staff is of the opinion that this application conforms to the County of Simcoe Official Plan. The Township has not received any comments from the County as of the preparation of this report and the Committee should have regard to any County comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services June 1, 2022 Report No. DS2022-082 Page 4 of 12 Page 42 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. Based on the above, the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) according to the Township's Zoning By-law 97-95. The general intent of the Zoning By-law in prescribing a maximum floor area requirement is to ensure that an accessory building will continue to be secondary and subordinate in both use and in appearance to the primary residential use of a property. In this case the proposed one-storey 76.2 square metres (820 square feet) detached garage would be smaller in size than the existing one-storey 205 square metre (2,209 square feet) dwelling. In the SR Zone, accessory buildings are permitted in the front yard and, in this case, the proposed accessory building would be well-screened from the road due to the densely wooded nature of the property. In Planning Staff's opinion the proposed accessory building would be clearly subordinate and secondary to the main dwelling. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would be well- separated and well-screened from adjacent properties and from Eight Mile Point Road, leading Staff to conclude that the building would have no negative impact on the adjacent landowners. The location of the proposed accessory building would not interfere with functional matters on the lot such as parking or the septic system area. Development Services June 1, 2022 Report No. DS2022-082 Page 5 of 12 Page 43 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre Development Services June 1, 2022 Report No. DS2022-082 Page 6 of 12 Page 44 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments: • Township Development Engineering — No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. • Township Operations Division — No comments. • Township Building Division — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Schedule 5: Significant Woodland (Simcoe County O.P. Greenlands Designation) Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-31 be approved, specifically for the purpose of an accessory building (detached garage) with a floor area of 76.2 square metres (820 square feet), on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director, Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-082 Page 7 of 12 Page 45 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map t89 i87 ¢S a` i ti ti Development Services June 1, 2022 Report No. DS2022-082 Page 8 of 12 Page 46 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo 7 r., s Development Services June 1, 2022 Report No. DS2022-082 Page 9 of 12 Page 47 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Site Plan E L(A M Me------------ w a ! ! t , a -- - r E i b-,-, -- ! t " ! 7 j I V i E C f � I i r � 9 __ -- -- -- - Development Services June 1, 2022 Report No. DS2022-082 Page 10 of 12 Page 48 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Elevation Drawings WEMFO-fM 4:12 �®® 4ENIED Ire!` 7� ® A MIN.r P L----_. �__-T----=--- __ _-1 -____.. TFN FATE MUST BE A LgdNIW OF 4 82M FROM A PROPERTY LW 49000, E (ryp) LEFT E PWE-FW9FIE0 FASCIA& q.0. VEKMO aMFTT(rYM p vBUnCAL BONA Rw} �i ORWE O(T-l'F}'Ala& � opAO 1W IN.GRADE TM FACE WJBT BE A LWae W CIF 2-Vm FF401A A PRQ MW LW '�67VAR4EERFD 2-LM(rrr) REAR ELEVATK)N ezxe seer-��r Development Services June 1, 2022 Report No. DS2022-082 Page 11 of 12 Page 49 of 351 6.b) 5.40 p.m. DS2022-082, Derek Witlib, Manager, Planning Services re: ... Schedule 5: Significant Woodland (Simcoe County Official Plan Greenlands Designation) Significant Woodland (Greenlands) N lV V 1. S Development Services June 1, 2022 Report No. DS2022-082 Page 12 of 12 Page 50 of 351 Minor Variance Application 2022-A-31 (Magee) Cr Location: 183 Eight Mile Point o Road 3 0 Zoning: Shoreline Residential (SR) N 0 N N O Official Plan: Shoreline CD 0 < > CD CD Current Use: Residential CD v N (Q W+I T Praiir(Hrri�nRr,Esrifing Ferliirr V! CD n CD Minor Variance Application 2022-A-31 (Magee) Purpose: The applicants are proposing to construct a detached garage. The o applicants are seeking relief from the following section of Zoning By-law 97-95, 7 as amended: o CD N Section 5.1.6— Maximum Floor Area for Accessory Building o N N Required: Proposed: o 70 square metres (753.5 square feet) 76.2 square metres (820 square feet) CC) 0 m m 7 v v v m m Cn o =3 Cj ownship of =3 OtTl_ COPraiir(HrrinRr,Ezrifing Ferliirr V! CD n CD Minor Variance Application 2022-A-31 (Magee) Cr Aerial Photo: r o 0 {. ./ N N O O N 0 (D (D C� 7 v v �, (Q (D W �� v O =3 (Q Pr-d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-31 (Magee) Significant Woodland (Simcoe o County Official Plan designated Greenlands): o N O N N i" 0 N Significant Woodland 0 (Greenlands) CD CD S� 7 v CD CQ � (D Ul O =3 (Q Pr-d Heritage,Exciting Fufurr C0 CD n CD Minor Variance Application 2022-A-31 (Magee) Applicant's Site Plan: o '4 r `... /off N O _ _ __ N .. r O O _ F N G (D (D (•�gZfirrJ _ v CD Ul L O y CJ Township of � Praiir(HrrirnRr,Ezrifing Ferliirr V! CD n CD Minor Variance Application 2022-A-31 (Magee) Cr Applicant's Elevation: o _,@P9tlr.9P R90T .. o L ! N O ClC70O OOlo7fEJJ N CC),wn r.cx uwr aEnu.irwo..a.wauwmoisarvuE ,,,,o, _ LEFT E (D _ '2 I V P CD � TOP OP ffLA&FHi.GPAOE T1118 114E MlHT BE�IIlW1N CF).ma FKL APlKlf4lril'l1E ___ GN[3BiRED aie(rvvl U1 REAR ELEVATION 0') ec car. o- O =3 � V1Y/G'es��CC.IGU/� =3 (Q Pr—d Heritage,Ex W,,g Fufurr CO CD n CD Minor Variance Application 2022-A-31 (Magee) r 'u" 3 0 CD N O N 'p No One CO Wapsorupti eear 'Short Term. et CD CD Driveway from Eight Notice sign postedCD Cn Mile Point Road v 0 =3 cQ Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-31 (Magee) . t n O CD N -r * O'No CD s (D r3.$ v Existing dwelling Building site CD C v cj {� =. cQ Pr—d Heritage,Exciting Fufurr CD n CD Minor Variance Application 2022-A-31 (Magee) CD _ O � N ' Y1 � ® CD CD 44 a _ Looking Heast toward Q Looking west toward CD CD neighbour neighbour =. cQ Pr—d Heritage,Exciting Fufurr CD n CD Minor Variance Application 2022-A-31 (Magee) Cr Recommendation: Approve o 1. That Report No. DS2022-082 be received and adopted. _P 2. That Minor Variance Application 2022-A-31 by Bruce &Ann Magee, specifically for the purpose of an accessory P building (detached garage) with a floor area of 76.2 square metres (820 square feet), on lands municipally known as 0 183 Eight Mile Point Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report No DS2022-082. ry 3. The conditions are as follows: ^' 0 a) That notwithstanding Section 5.1.6, the proposed accessory building shall otherwise comply with all other CO applicable provisions of the Zoning By-law; 0 b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out (D CD on the application and sketches submitted and approved by the Committee; c) That the applicants maintain and preserve the existing vegetative buffer on the subject lands between the proposed accessory building and Eight Mile Point Road, or replace with a similar vegetative buffer if destroyed; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the v Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act v R.S.O. 1990, c.P. 13. cQ m 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary- o Treasurer's signature. v o � CJ Th—hipof =3 ��^ Pra d Hrriin�gr,Ez iiing Ferliirr V! CD n CD 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-083 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-32 Roll #: 2453427 Ontario Inc. R.M.S. File #: 4346-010-009-45600 40 Lakeshore Road East D13 60554 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-083 be received and adopted. 2. That Minor Variance Application 2022-A-32 by 2453427 Ontario Inc., specifically for permission to build a new detached dwelling set back 1.22 metres from the east interior side lot line with an attached garage sharing at least 37% of a common wall with the dwelling, be approved subject to the conditions as outlined in Report DS2022-083. 3. The conditions are as follows: a. That notwithstanding Section 4.0, Table 131 and Section 6.0 Definitions (Garage, Attached) the proposed development shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed dwelling with attached garage building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the applicants maintain and preserve the existing vegetative buffer along the easterly property line on the subject lands, or replace with a similar vegetative buffer if destroyed; d. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling is located no closer than 1.22 metres from the east interior side lot line; e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. Development Services June 1, 2022 Report No. DS2022-083 Pagel of 24 Page 61 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The subject property is located at 40 Lakeshore Road East, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently vacant with trees on the property, including a cedar hedge along the east property line. The property is accessed from one driveway on Lakeshore Road East. The subject property has an area of 906 m2 (0.09 hectares) and 15.38 metres (50.5 feet) of frontage on Lakeshore Road East. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to construct a new 2-storey dwelling with an attached garage along the east side of the subject property. The drawing package submitted by the Applicant is attached in Schedule 5 and includes floor plans and conceptual elevations for the proposed dwelling. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit a minimum interior side yard of 1 .22 metres (4 feet) along the east property line while the Zoning By-Law permits a minimum of 3 metres (9.8 feet). 2. In addition to the above-noted variance, Staff's review of the application has revealed than an additional variance is required, as the proposed garage does not currently meet the Zoning By-law's definition of "attached". Specifically, the additional variance needed is to permit at least 37% of the length of the garage wall to be common with the dwelling while the Zoning By-law requires a minimum of 40% of the length of the wall to be common. Development Services June 1, 2022 Report No. DS2022-083 Page 2 of 24 Page 62 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... The requested minimum side yard setback will be to the east side of the attached garage located in front of the main portion of the proposed dwelling. While the side yard setback to the main dwelling of 2.278 metres will be greater than the setback to the attached garage, this setback is also less than the minimum permitted under the prevailing zoning regulations. There is an existing tree stand along the east property line that, if maintained will provide a considerable amount of screening relative to the neighbouring property to the east. The existing dwelling to the east (42 Lakeshore Road East) also has a large west side yard setback, which will result in considerable spatial separation from the proposed dwelling. The requested variance to the minimum interior side yard setback is not combined with other variances to the other setbacks or the maximum building height that would exacerbate the potential impact of the reduced east side yard. The additional variance with respect to the percentage of common wall shared by the proposed garage and dwelling would, due the proposed design of the building, generally appear and function as if the garage and dwelling were wholly attached. This additional variance, if granted, would not have any impact on the form and nature of the proposal that was circulated to the public, agencies and Township departments. In Planning Staff's opinion the additional variance does not materially change the application in such a way as to necessitate a deferral of the application for the purpose of a revised Notice and circulation. The effect of these minor variances will be to allow for construction of a new detached dwelling with an attached garage on the subject property with a reduced minimum interior side yard relative to the prevailing zoning regulations. The minor variance will facilitate construction of the garage to within 1 .22 metres of the easterly property line. The dwelling will be required to comply with all other applicable zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix (Zoning By-Law Table 1131) Zoning Regulation Required Proposed Minimum Required Front 7.5 m 7.524 m Yard Minimum Required 3.0 m 1.22 m (variance required) Interior Side Yard Minimum Required Rear 7.5 m 26.5 m Yard Maximum Height 11 m 9.052 m Development Services June 1, 2022 Report No. DS2022-083 Page 3 of 24 Page 63 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Garage,Attached Means a private garage,accessory to a At least thirty-seven(37%)percent of the dwelling on the same lot,and separated length of the garage wall is common with the therefrom by a common wall and/or dwelling wall. common roof structure,an attached garage may be considered"common"as long as at least forty(40%)percent of the length of the garage wall is common with the dwelling wall. Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development,intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; Development Services June 1, 2022 Report No. DS2022-083 Page 4 of 24 Page 64 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3:Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Development Services June 1, 2022 Report No. DS2022-083 Page 5 of 24 Page 65 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020 for the following reasons: • The proposal and requested minor variance will maintain the existing low density residential character of the subject property and surrounding community by constructing a new dwelling on a vacant property that is consistent with the use and built form characteristics of the area. • There will be no adverse impacts to the rural character or natural heritage features of the subject property and surrounding community. • The proposal will utilize existing services and infrastructure and require no upgrades or extensions. • The proposed height and massing of the dwelling will be consistent and complementary to the built form character of the community. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow— Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow Development Services June 1, 2022 Report No. DS2022-083 Page 6 of 24 Page 66 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 4.2 Policies for Protecting What 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is Valuable 5.Outside of settlement areas,in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July 1,2017,infill development,redevelopment and resort development is permitted,subject to municipal and agency planning and regulatory requirements,if the development will: a)be integrated with existing or proposed parks and trails,and will not constrain ongoing or planned stewardship and remediation efforts; b)restore,to the maximum extent possible,the ecological features and functions in developed shoreline areas;and c)in the case of redevelopment and resort development: i.establish,or increase the extent and width of,a vegetation protection zone along the shoreline to a minimum of 30 metres; Development Services June 1, 2022 Report No. DS2022-083 Page 7 of 24 Page 67 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... ii.increase the extent of fish habitat in the littoral zone; iii.be planned,designed,and constructed to protect hydrologic functions,minimize erosion,and avoid or mitigate sedimentation and the introduction of nutrient or other pollutants into the lake; iv.exclude shoreline structures that will impede the natural flow of water or exacerbate algae concerns along the shoreline; v.enhance the ability of native plants and animals to use the shoreline as both wildlife habitat and a movement corridor; vi.use lot-level stormwater controls to reduce stormwater runoff volumes and pollutant loadings; vii.use natural shoreline treatments,where practical,for shoreline stabilization,erosion control,or protection; viii.meet other criteria and direction set out in applicable watershed planning and subwatershed plans; ix.be serviced by sewage works which reduce nutrient inputs to groundwater and the lake from baseline levels;and x.demonstrate available capacity in the receiving water body based on inputs from existing and approved development. It is my opinion that the development proposal and requested minor variance generally conform to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of a vacant lot of record in a low density community and does not require any extensions or upgrades to existing services or infrastructure to support the proposal. The proposed dwelling is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. The requested minor variances are not combined with other variances that would result in building location, massing or configuration that would be out of character with the community or result in adverse impacts to adjacent properties. The application represents redevelopment that would conform to the criteria of Section 4.2.4.5, within an already built-up, designated and zoned shoreline area. 3. Lake Simcoe Protection Plan The Subject Property is located just north of the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA). Chapter 6 specifically relates to Shorelines and Natural Heritage and includes the following targets: • No further loss of natural shorelines on Lake Simcoe; • Achieve a greater proportion of natural vegetative cover in large high quality patches; • Achieve a minimum 40 percent high quality natural vegetative cover in the watershed; • Achieve protection of wetlands; • Achieve naturalized riparian areas on Lake Simcoe and along streams; • Restore natural areas or features; and Development Services June 1, 2022 Report No. DS2022-083 Page 8 of 24 Page 68 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... • Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity. The requested minor variance will facilitate construction of a new detached dwelling with attached garage on a vacant lot of record. The dwelling will be located beyond the LSRCA regulated area and a distance from the shoreline consistent with the neighbouring dwellings at 36 and 42 Lakeshore Road East. This will provide an appropriate spatial separation from the important shoreline features, which will help to mitigate any impacts to the Lake Simcoe watershed and shoreline. This existing trees and ditch at the front of the property will be maintained to minimize disruption to the existing site conditions. On this basis, it is my opinion that the proposal and requested minor variance will conform to the applicable policies of the Lake Simcoe Protection Plan. 4. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance maintain the general purpose and intent of the County of Simcoe Official Plan on the following basis: • The proposed dwelling will be of built form character, size and scale of that is appropriate for the subject property and surrounding community and will be in a location that is appropriate for access, as well as to mitigate any impacts to surrounding properties. • The proposed dwelling provides appropriate front, rear and west side building setbacks and complies with the maximum permitted height. • The reduced east side yard setback will be mitigated by the large west side yard setback on the adjacent property and the existing vegetative buffer along the shared property line. • The proposed dwelling will not adversely impact any existing natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing character of the subject property and the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: Development Services June 1, 2022 Report No. DS2022-083 Page 9 of 24 Page 69 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); Development Services June 1, 2022 Report No. DS2O22-083 Page 10 of 24 Page 70 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variance maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variances will have no impacts on natural heritage or rural character and features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • The proposed dwelling will be consistent and compatible with the low density residential built form and land use character of the surrounding community; • The reduced east side yard of 1 .22 metres is only for the garage portion of the dwelling, with the side yard increasing to 2.278 metres for the main living area of the dwelling. The reduced setback will be mitigated by the large west side yard setback on the adjacent property and the vegetative buffer along the shared property line. • The proposed building height and character is also consistent and compatible with the existing dwelling and the land use and built form character of the surrounding community. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. Development Services June 1, 2022 Report No. DS2022-083 Page 11 of 24 Page 71 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... c)To ensure that an understanding of the natural environment, including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Zone (SR)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a single detached dwelling on a vacant lot of record with a east interior side yard setback that is less the required by the Zoning By- Law, but complies with requirements for maximum height, maximum lot coverage and minimum front, rear and west side yard setbacks. The requested minor variance to permit a portion of the proposed dwelling to be constructed to within 1.22 metres of the east property line is not accompanied by Development Services June 1, 2022 Report No. DS2022-083 Page 12 of 24 Page 72 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... variances to other minimum setbacks, maximum height and other regulations that would exacerbate the potential for adverse impact associated with this reduction to the minimum interior side yard. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a dwelling that is consistent and compatible with the land use and built form character and will appropriately use an existing vacant lot of record. The development proposal and requested minor variance will have no impacts on the rural character and natural heritage features on or adjacent to the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variances proposed to the zoning regulations will be mitigated. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. While the proposed seeks a reduction to the minimum east interior side yard, the requested variance is for only the garage portion of the dwelling, with the side yard increasing for the main living area of the structure. The appearance and function of the garage would be that of a fully attached garage. No other variances are required for the proposed location, height, lot coverage and floor area of the dwelling, and the existing built form character in the community will implement the general purpose and intent of the Official Plan. Development Services June 1, 2022 Report No. DS2022-083 Page 13 of 24 Page 73 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will facilitate construction of a compatible single detached dwelling on a vacant lot of record. The proposed built form character and use of the subject property for a single detached dwelling will be compatible with the surrounding community. The proposal will also will facilitate more orderly and functional use of the subject property as single detached dwelling without adversely impacting the residential character and natural heritage features in the community. Are the variances minor? Yes. The requested east side yard setback of 1.22 metres is appropriate within its context on the lot and adjacent to the neighbouring property. The requested setback is also only for the attached garage portion of the dwelling, with the setback increasing to 2.278 metres. This reduced setback is not combined with other setback variances or a variance for building height, which could exacerbate the impact of the reduced east side yard setback and result in a cumulative impact. The reduction to the percentage of common wall between the dwelling and garage to 37% from 40% would not be outwardly evident in appearance, since the garage would remain fully attached by way of a common roof. Staff also notes that the dwelling and garage would also be fully attached by way of the foundation. The proposed structure will be located in an area that minimizes impacts to natural heritage features and existing land uses in the surrounding area. Finally, the minor variances will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services June 1, 2022 Report No. DS2022-083 Page 14 of 24 Page 74 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comment at this time. Owner/applicant to be aware of on-site sewage clearance requirements. No proposed sewage envelope indicated on site plan. • Township Development Engineering — Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Operations — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-32 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Development Services June 1, 2022 Report No. DS2022-083 Page 15 of 24 Page 75 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Approvals: Date: Derek Witlib, Manager Planning Services May 30, 2022 Andria Leigh, Director Development Services May 30, 2022 Development Services June 1, 2022 Report No. DS2022-083 Page 16 of 24 Page 76 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Development Services June 1, 2022 Report No. DS2022-083 Page 17 of 24 Page 77 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo t • t, r Development Services June 1, 2022 Report No. DS2022-083 Page 18 of 24 Page 78 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos A I View of Subject Property from Lakeshore Road East Proposed Building Location(looking north) "e 16 .. Proposed Building Location(looking south) Looking East to Dwelling on Adjacent Property (42 Lakeshore Road East) ..,E� � iy ' � • fi ". Looking West to Dwelling on Adjacent Property Existing Hedge along East Property Line (36 Lakeshore Road East) Schedule 4: Site Plan Development Services June 1, 2022 Report No. DS2022-083 Page 19 of 24 Page 79 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... ,��U a.a izr 0 � r C 41 f ... LOT 43 sw.-�v Y � ro f j j (0.J0 RESERVE) � _ f r.�.a aufr-m.v RO REGISTERED PLAN 655 f LOT 18 R V 4 f i w — d 1 ('--As)LAKESHORE ROAD EAST .(BREEZY AWNUE BY REGIVERED PUN 798) tx xaw-mn(t7 Development Services June 1, 2022 Report No. DS2O22-083 Page 20 of 24 Page 80 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings ------- ----- ------- ----- - ------- --.- "!________ ii `------------ ________ Basement Plan i i i rg CEI III - 4 s III III i �l ILI .i III ......................... _ _ _ III ----- is---- ---- --- -- — 999 -J Ground Floor Plan Development Services June 1, 2022 Report No. DS2022-083 Page 21 of 24 Page 81 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... f SII I eeoPxuo E T� •I i Second Floor Plan � a ,-_—_—_—_--__.—.—_ I T.O_SECOND FLOOR SMEATNING U.S.OFFLOORJOISTS_—.__—.__— _—_—_—_—_— a 11 li - 11 l 11 b II b T.O.GROUND FLOOR SNEI—N:G ---------- I I I I L------------------------------------------------------------ I I I I I T.O_BASEMEFR STAR ii I I FRONT EIEV<TON L_____� � I I Development Services June 1, 2022 Report No. DS2022-083 Page 22 of 24 Page 82 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... y-------- T.O.SECOND FLOOR SHEATHING _ I------- --- _.-.-.-.-. .-. ._.-.-.-.-. .-.-.-._a U.S.OF FLOOR l5i5T5 l a T.o.cRouFlo nooa SHEATHING u3—ovFLooRiadTs----'---'- -------- ------- IIIIIHIIIIIII IIIIII IN f I Development Services June 1, 2022 Report No. DS2022-083 Page 23 of 24 Page 83 of 351 6.c) 5.50 p.m. DS2022-083, Michael Barton, Township Planning Consultant ... y Development Services June 1, 2022 Report No. DS2022-083 Page 24 of 24 Page 84 of 351 Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Cn Location: 40 Lakeshore Road East 0 Zoning: Shoreline Residential (SR) o 0 N N Official Plan: Shoreline 00 W Current Use: Vacant M v 0 0 m 0 01 o W !/(!�'�f1Township l/ Praiir(Hrri�nRr,Ezrifing Ferliirr /-� l J 0 r-f .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Cn Purpose: The applicants are proposing to construct a dwelling with an attached 0 garage. The applicants are seeking relief to the following sections of Zoning By- law 97-95, as amended: o 0 Section 4.0—Table B1, Minimum Interior Side Yard, Shoreline Residential (SR) Zone N 0 Required: Proposed: w 3 metres (9.8 feet) 1.22 metres (4 feet) 0 v m W v 0 0 v � (D �. Co M 0 Cj Township of � (9 Pra d Hrriingr,E-iiing Ferliirr /- l J 0 .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Aerial Photo: ' t 0 -NNrr CD 0 N O 00 0 .�`)T r, m v �.i o hr =3 (D Oo v W j p D. Arard Heritage,Ex W,,g Fufurr l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Applicant's Site Plan: o 3 1 o m N 0 r LOT 43 Y 1 N 1 j 00 W REQSIE W PLAN 655 t 0 LOT 18 / w• I —man I\ CD O C .........__. -01 00 00 � f t LAKESNORE ROAD EAS v 0 N Arard Heritage,Exciting Fufurr /�-� l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Cn Applicant's Drawings: 0 s o v' CD �\ N 0 !' N � N --- CC) --------- ----- -- ---------------lr_ - ------ -t rCD 0 CoFront View Rear View v � 7b- JGp =3' Arard Heritage,Ex W,,g Fufurr l J 0 .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Cn Applicant's Drawings: 0 3 0 CD N O N — N _ — O 00 ALI -------------- ---------- -------- IIII Ip . - East Elevation West Elevation v � (D �. c O _ v c a _3 Pr—d Heritage,Exciting Fufurr l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) .,. o t^ CD N O N O W C =-:3r n CD o i q� SO Notice sign posted hip Pr—d Heritage,Exciting Fufurr l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) � � fir• ls�. � a� :� .,�- _ �. � � in (n * O r N O W = W . O Aft P. fM�`r'yyyc Mz�A�-km+✓��4,e �'",;�°��'#�l 9 d,-°`� h "5" v View of subject property from Proposed building location Lakeshore Road East N _3 Pr—d Heritage,Exciting Fufurr l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) 0 r w3 lilt,a a�P��" �� �"I���'" � �' - ry CC) CD 77 Cn Proposed building location Looking east to dwelling on (looking south) adjacent property (42 Lakeshore Road East) ��,, Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) CD N O _ � i ,s a � '+.+_� `3ra= _ if u � �•''�� ;dt 4 't" r a. q 71, :� �_ . R 1` ._ iFW,Y�:. .3..•i' ® `,.�i.�..�.�'"..V,�r... .x.t�:.r.. �. =h.. .R, �T. C Looking west to dwelling on Existing hedge along east 1.0 adjacent property (36 Lakeshore property line CJ Road East) v Pr—d Heritage,Exciting Fufurr l J O .-f Minor Variance Application 2022-A-32 (2453427 Ontario Inc.) Cn Recommendation: Approve 0 It is recommended: 3 1. That Report No. DS2022-083 be received and adopted. 0) N 2. That Minor Variance Application 2022-A-32 by 2453427 Ontario Inc.,specifically for permission to build a new detached dwelling 0 set back 1.22 metres from the east interior side lot line with an attached garage sharing at least 37%of a common wall with the N dwelling, be approved subject to the conditions as outlined in Report DS2022-083. p W W 3. The conditions are as follows: a. That notwithstanding Section 4.0,Table B1 and Section 6.0 Definitions(Garage,Attached)the proposed development n shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed dwelling with attached garage building be substantially and proportionally in conformity with the (D dimensions as set out on the application and sketches submitted and approved by the Committee; — c. That the applicants maintain and preserve the existing vegetative buffer along the easterly property line on the subject W lands,or replace with a similar vegetative buffer if destroyed; d. That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify O b pinning the foundation wall and verifying in writing b way of survey/real/real property report,prior to the pouring of the ? Y p� 9 fY� 9 9 Y Y Y p p Y p p p 9 footing and if no footing,the foundation,that the dwelling is located no closer than 1.22 metres from the east interior side 0 lot line; e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township � cW only after the Committee's decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990,c.P. CD 13. co 0 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's 0) 0 signature. � coToumship Prair(HnilnRr,Esrrlinq Ferhirr /-� l J 0 U) r-f .-f 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2022-084 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-33 Roll #: Beverly Crawford R.M.S. File #: 4346-010-009-60900 411 Lakeshore Road East D13 60561 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-084 be received and adopted. 2. That Minor Variance Application 2022-A-33 by Beverly Crawford, specifically for permission to build a detached structure in the front yard with a maximum floor area of 85.9 m2 (70 m2 permitted) be approved subject to the conditions as outlined in Report DS2022-084. 3. The conditions are as follows: a. That notwithstanding Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions Development Services June 1, 2022 Report No. DS2022-084 Page 1 of 24 Page 96 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... The subject property is located at 411 Lakeshore Road East, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 1-storey single detached dwelling with attached garage. The property is accessed from a driveway on Lakeshore Road East that is shared with 425 Lakeshore Road East. The subject property has an area of 5,998 m2 (0.6 hectares) and 15.38 metres (50.5 feet) of frontage on Lakeshore Road East. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) The area behind the existing dwelling up to the water's edge is located within the Lake Simcoe Region Conservation Authority (LSRCA) regulated area. 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to construct a new 1-storey detached garage in front of the existing dwelling, south of the existing shared driveway, which will be retained in its current configuration. The proposed building area is currently covered with trees and natural vegetation. The drawing package submitted by the Applicant is attached in Schedule 5 and includes floor plans and conceptual elevations for the proposed detached garage. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit maximum floor area for an accessory building of 85.9 m2 (925 ft2) while the Zoning By-Law permits a maximum of 70 m2 (753.5 ft2). The effect of this minor variance will be to allow for construction of a new detached accessory building (garage) in front of the existing dwelling and accessed from the existing shared driveway that is greater in floor area than permitted under the prevailing zoning regulations. The structure will be required to comply with all other applicable zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Development Services June 1, 2022 Report No. DS2022-084 Page 2 of 24 Page 97 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may • The proposed detached garage will Structures and Uses[By- be used or a building or structure may be have a smaller footprint and gross law 2017-0121 erected or used for a purpose,that purpose floor area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory • The proposed detached garage will uses located on the same lot as the primary be similar in height and built form to use to which they are related.For the the existing dwelling. purposes of this by-law a retaining wall with • The proposed garage will be a height of 1.0 metre(3.2 feet)or more is incidental or subordinate to the considered an accessory structure and is main use of the property for a single subject to the provisions of Section 5.1. detached dwelling and accessed from the existing shared driveway. 5.1.1 Uses Permitted in No detached accessory building or accessory • The plans submitted with this Detached Accessory structure shall be used for human habitation application show use of the ground Buildings and Structures or an occupation for gain,unless specifically floor for vehicular parking. [By-law 2015-1921 permitted by this By-law.A detached • The plans show no provisions for accessory building or structure is permitted sanitary facilities or kitchen facilities to contain sanitary facilities,including sink and no space is identified for human and/or toilet,outside an area susceptible to habitation or occupation. flooding however kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited 5.1.3 Permitted locations Unless otherwise specified in this By-law, • The proposed detached garage will for detached accessory detached accessory buildings and structures, be located in the front yard on a buildings and structures in except boathouses,shall: property that backs onto Lake all zones[By-law 2004- Simcoe. 063,2015-192,2017-0121 a)Not be located in the front yard. • The proposed garage will be located Notwithstanding this provision,a detached greater than 1 metre from the private garage is permitted in the front yard existing single detached dwelling of a lot that abuts Lake Simcoe or Bass Lake and detached structure on the provided it is set back a minimum distance subject property. equal to the required front yard for the main . The proposed garage will be exceed building from the front lot line. the front and side yard setbacks Notwithstanding this provision,a detached requirements of the Zoning By-Law. accessory building is permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no Development Services June 1, 2022 Report No. DS2022-084 Page 3 of 24 Page 98 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres (49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 4.06 m proposed accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot The maximum lot coverage of all detached 1.4%proposed coverage accessory buildings and structures on a lot, excluding boathouses,is 5 percent. 5.1.6 Maximum floor area The maximum floor area of any one 85.9 mz(variance required) [By-law 2003-081,2017- detached accessory building or structure, 0121 excluding boathouses,is 70 square metres (753.5 square feet).However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including Development Services June 1, 2022 Report No. DS2022-084 Page 4 of 24 Page 99 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development,intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. Development Services June 1, 2022 Report No. DS2022-084 Page 5 of 24 Page 100 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area,and the long- term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020 for the following reasons: • The proposal and requested minor variance will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. • There will be no adverse impacts to the rural character of the subject property and surrounding community. • The proposal will utilize existing services and infrastructure and require no upgrades or extensions. • The requested minor variance for the detached structure will not result in height, massing or location that would adversely impact adjacent properties or public health and safety. • The location of the proposed detached structure allows for continued use of the existing driveway for access. • The proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory in scale to the dwelling. Development Services June 1, 2022 Report No. DS2022-084 Page 6 of 24 Page 101 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... • The potential for adverse impacts to the natural heritage features on the property, including the LSRCA regulated area south of the existing dwelling along the waterfront, is mitigated by constructing the proposed detached garage towards the front of the property and in alignment with the existing shared driveway. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. Development Services June 1, 2022 Report No. DS2022-084 Page 7 of 24 Page 102 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 4.2 Policies for Protecting What 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is Valuable 1.Outside settlement areas,a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone,which: a)is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b)is established to achieve and be maintained as natural self-sustaining vegetation;and c)for key hydrologic features,fish habitat,and significant woodlands,is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. 2.Evaluations undertaken in accordance with policy 4.2.4.1 will identify any additional restrictions to be applied before,during,and after development to protect the hydrologic functions and ecological functions of the feature. 3.Development or site alteration is not permitted in the vegetation protection zone,with the exception of that described in policy 4.2.3.1 or shoreline development as permitted in accordance with policy 4.2.4.5. 4.Notwithstanding policies 4.2.4.1,4.2.4.2 and 4.2.4.3:a)a natural heritage or hydrologic evaluation will not be required for a proposal for development or site alteration on a site where the only key natural heritage feature is the habitat of endangered species and threatened species; b)new buildings and structures for agricultural uses,agriculture- related uses,or on-farm diversified uses will not be required to undertake a natural heritage or hydrologic evaluation if a minimum 30 metre vegetation protection zone is provided from a key natural heritage feature or key hydrologic feature;and c)uses permitted in accordance with policy 4.2.4.4 b): i.are exempt from the requirement of establishing a condition of natural self-sustaining vegetation if the land is,and will Development Services June 1, 2022 Report No. DS2O22-084 Page 8 of 24 Page 103 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... continue to be, used for agricultural purposes;and ii.will pursue best management practices to protect and restore key natural heritage features,key hydrologic features, and their functions. 5.Outside of settlement areas,in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July 1,2017,infill development,redevelopment and resort development is permitted,subject to municipal and agency planning and regulatory requirements,if the development will: a)be integrated with existing or proposed parks and trails,and will not constrain ongoing or planned stewardship and remediation efforts; b)restore,to the maximum extent possible,the ecological features and functions in developed shoreline areas;and c)in the case of redevelopment and resort development: i.establish,or increase the extent and width of,a vegetation protection zone along the shoreline to a minimum of 30 metres; ii.increase the extent of fish habitat in the littoral zone; iii.be planned,designed,and constructed to protect hydrologic functions,minimize erosion,and avoid or mitigate sedimentation and the introduction of nutrient or other pollutants into the lake; iv.exclude shoreline structures that will impede the natural flow of water or exacerbate algae concerns along the shoreline; v.enhance the ability of native plants and animals to use the shoreline as both wildlife habitat and a movement corridor; vi.use lot-level stormwater controls to reduce stormwater runoff volumes and pollutant loadings; vii.use natural shoreline treatments,where practical,for shoreline stabilization, erosion control,or protection; viii.meet other criteria and direction set out in applicable watershed planning and subwatershed plans; ix.be serviced by sewage works which reduce nutrient inputs to groundwater and the lake from baseline levels;and x.demonstrate available capacity in the receiving water body based on inputs from existing and approved development. It is my opinion that the development proposal and requested minor variance generally conform to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient use of an existing low density residential use and does not require any extensions or upgrades to existing services or infrastructure to support the proposed detached structure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. With respect to the key natural heritage and hydrological features on the subject property, the proposed detached garage has been located a significant distance in front of the existing dwelling and in immediate proximity to the existing shared driveway. This Development Services June 1, 2022 Report No. DS2O22-084 Page 9 of 24 Page 104 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... location mitigates the potential for adverse impacts on the waterfront and natural heritage features of the property, particularly within the LSRCA regulated area. 3. Lake Simcoe Protection Plan The portion of the Subject Property east of the existing dwelling is completely located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA) and subject to the policies of the Lake Simcoe Protection Plan. Chapter 6 specifically relates to Shorelines and Natural Heritage and includes the following targets: • No further loss of natural shorelines on Lake Simcoe; • Achieve a greater proportion of natural vegetative cover in large high quality patches; • Achieve a minimum 40 percent high quality natural vegetative cover in the watershed; • Achieve protection of wetlands; • Achieve naturalized riparian areas on Lake Simcoe and along streams; • Restore natural areas or features; and • Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity. The requested minor variance will facilitate construction of a new detached garage located a considerable distance in front of the dwelling and west of the shoreline (beyond the limits of the LSRCA regulated area. Therefore, it is my opinion that there will be no adverse impacts to the Lake Simcoe watershed and shoreline, and the proposal and requested minor variance will conform to the applicable policies of the Lake Simcoe Protection Plan. As of the preparation of this report the LSRCA has not provided comments. The Committee should have regard to any comments that may be received from the LSRCA before a decision is made. 4. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance maintain the general purpose and intent of the County of Simcoe Official Plan on the following basis: • The use, size and scale of the proposed detached structure (garage) will be "accessory" in nature relative to the existing single detached dwelling and will be in a location that is appropriate for access from the existing driveway and dwelling, as well as to mitigate any impacts to surrounding properties. Development Services June 1, 2022 Report No. DS2022-084 Page 10 of 24 Page 105 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... • The detached structure provides appropriate front, rear and side yard setbacks and complies with the maximum permitted height. • The additional floor area is mitigated by spatial separation through the location of the structure in the central portion of the property and screening provided by existing tree and vegetative cover. • The proposed detached structure will be of height and built form character that accessory to the existing dwelling and compatible with the subject property and surrounding community. • The proposed garage will be used for storage of vehicles only with no habitation of business activities that would alter the use characteristics of the subject property relative to the surrounding community. • The proposal will also have no adverse impacts on the existing land use and built form character of the subject property and the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. Development Services June 1, 2022 Report No. DS2022-084 Page 11 of 24 Page 106 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variance maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variances will have no adverse impacts on natural heritage or rural character and features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; Development Services June 1, 2022 Report No. DS2022-084 Page 12 of 24 Page 107 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community, • The structure is also located in an area of existing vehicular activity with convenient access to the driveway, • The proposed floor area of the detached structure will not result in significantly different use and built form characteristics relative to the maximum permitted floor area. • The requested increase in floor area is not combined with variances to such regulations as maximum height, maximum floor area ratio and minimum front, rear and side yard setbacks that would result in built form massing and form that is out of character with the community. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES Development Services June 1, 2022 Report No. DS2022-084 Page 13 of 24 Page 108 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Zone (SR)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a proposed detached accessory garage in the front yard of the subject property that exceeds the maximum permissions for floor area but complies with requirements for maximum height, maximum lot coverage and minimum front, rear and side yard setbacks. The impact of the proposed detached structure is also mitigated by spatial separation to adjacent properties and screening provided by existing natural vegetation. There will be no human habitation or business activities in the structure that would alter the use of the use character of the subject property from that of a single detached dwelling. It is my opinion that the proposed detached structure is accessory to the existing single detached dwelling. The proposed structure is smaller in floor area and lot coverage than the principle dwelling and will provide parking for residents of the dwelling in a location that is directly accessible from the existing driveway. The application and plans indicate that the structure will be used as a garage only and there is no indication that this space will be used for human habitation or business purposes. For these reasons, it is my opinion that the proposed detached garage satisfies the definition of "Accessory Building or Structure" under the Zoning By-Law as it will be "naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". The requested minor variance for maximum floor area will result in a structure that is smaller than the primary dwelling and will serve the purpose of parking vehicles directly related to the primary use. The result will be a detached structure that is smaller in lot coverage and floor area than the principle dwelling and uses that are accessory to the residential use in the principle dwelling. The additional floor area is mitigated by significant building setbacks and built form that is consistent and compatible with the existing dwelling and the surrounding community. Development Services June 1, 2022 Report No. DS2022-084 Page 14 of 24 Page 109 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... It is my opinion that the requested minor variance maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a detached building that is accessory to the principle dwelling on the property. The detached garage will be smaller in floor area than the primary dwelling. The garage will be located in an area conveniently access from the existing driveway and will facilitate more controlled vehicular parking on site. The use of the proposed structure for these purposes will result in no human habitation or business uses and is incidental and subordinate to the dwelling. The development proposal and requested minor variances will have no impacts on the rural character and natural heritage features on or adjacent to the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variances proposed to the zoning regulations will be mitigated. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height and lot coverage area of the accessory structure, in conjunction with the proposed garage use, will maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is Development Services June 1, 2022 Report No. DS2022-084 Page 15 of 24 Page 110 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Moreover, the proposed structure will facilitate more orderly and functional use of the subject property as single detached dwelling without adversely impacting the residential character and natural heritage features in the community. Are the variances minor? Yes. The requested increase in floor area will not significantly alter the form and mass of the structure, and will also not alter the subordinate nature of the proposed structure relative to a structure, compared to a structure constructed to comply with the maximum zoning permission. The lot coverage of the structure will also be significantly below the maximum permitted, indicating that the size of the structure relative to the lot is appropriate. The floor area of the proposed detached structure will also be mitigated by the spatial separation to structures on adjacent properties and the screening provided by the existing trees and other natural vegetation. The proposed floor area and footprint of the detached garage are smaller than the primary dwelling and will serve a vehicle parking function that is directly related to the dwelling. There will also be no activity generated by such uses are human habitation or business operations. The proposed structure will be located in an area that minimizes impacts to natural heritage features and existing land uses in the surrounding area. Finally, the minor variance will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Development Services June 1, 2022 Report No. DS2022-084 Page 16 of 24 Page 111 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comment at this time. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit application. • Township Operations — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-33 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services May 30, 2022 Andria Leigh, Deputy CAO & Director, Development Services May 30, 2022 Development Services June 1, 2022 Report No. DS2022-084 Page 17 of 24 Page 112 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 0.25 39!3 r i till 37fi F 362 9A7 35fi 1115 ;i 21 y N t 320 4� S Development Services June 1, 2022 Report No. DS2022-084 Page 18 of 24 Page 113 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo -s Development Services June 1, 2022 Report No. DS2022-084 Page 19 of 24 Page 114 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos View of Subject Property from Lakeshore Road East Shared Driveway for 411 and 425 Lakeshore Road East 1 *; K,-- Existing Dwelling on Subject Property Location of Proposed Accessory Structure t ivy � Existing Conditions in Proposed Building Location Schedule 4: Site Plan Development Services June 1, 2022 Report No. DS2022-084 Page 20 of 24 Page 115 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Proposed New Garage uNEs Irt R°E Existing Dwelling fir.~- . Development Services June 1, 2022 Report No. DS2022-084 Page 21 of 24 Page 116 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings t. 3 N� own Wr— Now Eastside View a � � t 3 Roadside View Lakeside View I--�:.. Westside View Existing Dwelling Development Services June 1, 2022 Report No. DS2022-084 Page 22 of 24 Page 117 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... 93' r-s .457 m 13.106 m .457 m 12.192 m 1 i E CO � - I CNM 1. Y � n 85.9 Sq rn ,�. v E (925 Sq.Ft.) s Mom` o a ---- — -- ----- — — -- — — -- r -- — -- — --- �— ———— -- ---- I I I I E I 2 1 1 1 1 1 Floor Plan 194m 4.876m .609m 4.876m .194m .o E E= Line of Grade ., Li L�jj Li 0 Li Li East Side Elevation a 0 � a CC Line of Grade West Side Elevation Development Services June 1, 2022 Report No. DS2022-084 Page 23 of 24 Page 118 of 351 6.d) 6.00 p.m. DS2022-084, Michael Barton, Township Planning Consultant ... 0 . r: Line of Grade Lakeside Elevation g 32 E Line of Grade Roadside Elevation Development Services June 1, 2022 Report No. DS2022-084 Page 24 of 24 Page 119 of 351 Minor Variance Application 2022-A-33 (Crawford) 0 Location: 411 Lakeshore Road East V! N Zoning: Shoreline Residential (SR) 0 00 Official Plan: Shoreline Current Use: Residential CD �F p 2 0 N N � W T--hip of Pra d Hrri,nRr,Ez iimg Ferliirr /-� l J O r-f Minor Variance Application 2022-A-33 (Crawford) 0 Purpose: The applicant is proposing to construct a detached garage. The 0 applicant is seeking relief from the following section of Zoning By-law 97-95, as amended: o 0 Section 5.1.6— Maximum Floor Area for Accessory Building N 0 Required: Proposed: CC) 70 square metres (753.5 square feet) 85.9 square metres (925 square feet) 0 v m CO v 0 0 v N � W Township of � /` j `tl_ 3 Praiir(HrrinRr,Ezrifing Ferliirr /-� l J 0 r-f .-f Minor Variance Application 2022-A-33 (Crawford) Aerial Photo: CD •� N O N N O O n 6 v (D � v O O v � m N � N �isl��E'CCCJ/ZZt(% � Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-33 (Crawford) 0 Applicant's Site Plan: 0 3 o O O Proposed New Garage • ° ,`E 0 N ' Existing Dwelling 0 Kt UH€SMIE ROES « ,� € 0 T V N � W �isl��E'CCCJ/ZZt(% � Pr—d Heritage,Exciting Fufurr 0 l J 0 .-f Minor Variance Application 2022-A-33 (Crawford) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 3. . . . . . . . . . . . . . . . . . Significant Woodland o identified by Township 0 and County Official Plans N 0 00 . . . . . . : : : : : : : : : : . : : . . . . . 0 v m W o . . . . . . . . _ Bradens Bay 0 (D N µ � ON W Township of � /` Pra d HrHll gr,E-iimg Ferliirr /-� l J 0 .-f Minor Variance Application 2022-A-33 (Crawford) 0 Applicant's Drawings: N -- e-- - -> - 4 a- a >- O SSG Cyr � O O Eastside View CD rrJ_ v to Roadside View Lakeside View N � �isl��E'CCCJ/ZZt(% � Arard Hrritagr,Exciting Fufurr -�/� l J O .-f Minor Variance Application 2022-A-33 (Crawford) 0 Applicant's Drawings: 0 3 - o CD N O N N O O v (D Westside View W - v _ --- - JR — MON— Existing Dwelling v Pr—d Heritage,Exciting Fufurr /�-� l J O .-f Minor Variance Application 2022-A-33 (Crawford) CD ` O v (D ll I II W O O View of subject property from Shared driveway for 411 and N Lakeshore Road East 425 Lakeshore Road East ON F; =� =3 Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-33 (Crawford) • • C CD Existing dwelling subject proposed ' property accessory • •. • �i r r • Minor Variance Application 2022-A-33 (Crawford) o 3 : o CD N O N N O v (D W v O O Notice sign posted Existing conditions in proposed N building location v F; =� =3 Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-33 (Crawford) 0 Recommendation: Approve 0 It is recommended: 3 0 1. That Report No. DS2022-084 be received and adopted. 0) N O 2. That Minor Variance Application 2022-A-33 by Beverly Crawford,specifically for permission to build a detached structure in the N front yard with a maximum floor area of 85.9 m2(70 m2 permitted)be approved subject to the conditions as outlined in Report o DS2022-084. 00 3. The conditions are as follows: a. That notwithstanding Section 5.1.6,the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; CD b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as W set out on the application and sketches submitted and approved by the Committee; v c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a o home industry; =3 d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. 0 13. =3 v cc CD 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's W signature. O o w Toums �99" � CP hip of Prair(HnilnRr,Esrrlinq Ferhirr /-� l J 5. 0 U) r-f .-f 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2022-085 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-34 Roll #: George & Sepi Horne R.M.S. File #: 4346-010-012-13100 2315 Lakeshore Road East D13 60562 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-085 be received and adopted. 2. That Minor Variance Application 2022-A-34 by George & Sepi Horne, specifically for permission to build a detached dwelling with attached garage set back 1.8 metres from the south interior side lot line be approved subject to the conditions as outlined in Report DS2022-085. 3. The conditions are as follows: a. That notwithstanding Section 4.0, Table B1 , the proposed dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling is located no closer than 1 .8 metres from the south interior side lot line; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 1, 2022 Report No. DS2022-085 Page 1 of 24 Page 131 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 2315 Lakeshore Road East, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a one-storey dwelling (89.98 m2) located towards the rear of the property, a detached wood garage (27.36 m2) at the end of the existing driveway and 0.8 metres from the south property line, and a detached wood shed (10.5 m2) located centrally on the property and 4.21 metres from the front property line. There is also an existing 1.4 m2 pump house and 10 m2 waterfront shed at the rear of the property. The property is accessed from Lakeshore Road East via one driveway running along the south property line. The south property line shared with 2313 Lakeshore Road East includes numerous trees and other vegetation that provide visual screening between the two properties. The subject property has an area of 2,060 m2 (0.21 hectares) and 27.74 metres (91 feet) of frontage on Lakeshore Road East. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) The subject property is also located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA). 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing dwelling and detached garage and construct a new 1-storey dwelling with attached garage (261.77 m2) in front of the existing dwelling, including a walkout to the rear yard adjacent Lake Simcoe. The driveway will be situated in the same location as the existing driveway to access the proposed attached garage, which will be 1.8 metres from the south property line. The existing pump house and waterfront shed will also be replaced by one new structure (pump house and shed) with floor area Development Services June 1, 2022 Report No. DS2022-085 Page 2 of 24 Page 132 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... of 0.46 m2. The drawing package submitted by the Applicant is attached in Schedule 5 and includes floor plans and conceptual elevations for the proposed dwelling. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit a minimum interior side yard of 1.8 metres (5.9 feet) along the south property line while the Zoning By-Law permits a minimum of 3 metres (9.8 feet). The requested minimum side yard setback will be on the south side of the proposed attached garage in a similar location to the existing detached garage on the subject property. While the proposed side yard setback is less than the minimum permitted under the prevailing zoning regulations, the setback to the existing detached garage is also less than the minimum required. The effect of this minor variance will be to allow for construction of a new detached dwelling on the subject property with a reduced minimum interior side yard relative to the prevailing zoning regulations. The minor variance will facilitate construction of the attached garage to within 1 .8 metres of the south property line. The dwelling will be required to comply with all other applicable zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix (Zoning By-Law Table B1) Zoning Regulation Required Proposed Minimum Required Front 7.5 m 24.11 m Yard Minimum Required 3.0 m 1.8 m(variance required) Interior Side Yard Minimum Required Rear 7.5 m 31.1 m Yard Maximum Height 11 m 7.5 m Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the Development Services June 1, 2022 Report No. DS2022-085 Page 3 of 24 Page 133 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and Development Services June 1, 2022 Report No. DS2022-085 Page 4 of 24 Page 134 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area,and the long- term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020 for the following reasons: Development Services June 1, 2022 Report No. DS2022-085 Page 5 of 24 Page 135 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... • The proposal and requested minor variance will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. • There will be no adverse impacts to the rural character or natural heritage features of the subject property and surrounding community. • The proposed dwelling is being located further from the waterfront and shoreline areas than the existing dwelling, which will provide greater setbacks and open space to mitigate impacts to the key natural heritage and hydrological features; • The proposal will utilize existing services and infrastructure and require no upgrades or extensions. • The requested minor variance will not result in height, massing or location that would adversely impact adjacent properties or public health and safety. • The location of the proposed dwelling will place the attached garage in a similar location to the existing detached garage and allow for continued use of the existing driveway for access. • The proposed height and massing of the dwelling will be consistent with the existing built form character on the subject property and the surrounding neighbourhood character. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. Development Services June 1, 2022 Report No. DS2022-085 Page 6 of 24 Page 136 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 4.2 Policies for Protecting 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features What is Valuable 1.Outside settlement areas,a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone,which: a)is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b)is established to achieve and be maintained as natural self-sustaining vegetation;and c)for key hydrologic features,fish habitat,and significant woodlands,is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. Development Services June 1, 2022 Report No. DS2022-085 Page 7 of 24 Page 137 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... 2.Evaluations undertaken in accordance with policy 4.2.4.1 will identify any additional restrictions to be applied before,during,and after development to protect the hydrologic functions and ecological functions of the feature. 3.Development or site alteration is not permitted in the vegetation protection zone,with the exception of that described in policy 4.2.3.1 or shoreline development as permitted in accordance with policy 4.2.4.5. 4.Notwithstanding policies 4.2.4.1,4.2.4.2 and 4.2.4.3:a)a natural heritage or hydrologic evaluation will not be required for a proposal for development or site alteration on a site where the only key natural heritage feature is the habitat of endangered species and threatened species; b)new buildings and structures for agricultural uses,agriculture- related uses,or on-farm diversified uses will not be required to undertake a natural heritage or hydrologic evaluation if a minimum 30 metre vegetation protection zone is provided from a key natural heritage feature or key hydrologic feature;and c)uses permitted in accordance with policy 4.2.4.4 b):i.are exempt from the requirement of establishing a condition of natural self-sustaining vegetation if the land is,and will continue to be, used for agricultural purposes;and ii.will pursue best management practices to protect and restore key natural heritage features,key hydrologic features, and their functions. 5.Outside of settlement areas,in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July 1,2017,infill development,redevelopment and resort development is permitted,subject to municipal and agency planning and regulatory requirements,if the development will: a)be integrated with existing or proposed parks and trails,and will not constrain ongoing or planned stewardship and remediation efforts; b)restore,to the maximum extent possible,the ecological features and functions in developed shoreline areas;and c)in the case of redevelopment and resort development: i.establish,or increase the extent and width of,a vegetation protection zone along the shoreline to a minimum of 30 metres; ii.increase the extent of fish habitat in the littoral zone; iii.be planned,designed,and constructed to protect hydrologic functions,minimize erosion,and avoid or mitigate sedimentation and the introduction of nutrient or other pollutants into the lake; iv.exclude shoreline structures that will impede the natural flow of water or exacerbate algae concerns along the shoreline; v.enhance the ability of native plants and animals to use the shoreline as both wildlife habitat and a movement corridor; vi.use lot-level stormwater controls to reduce stormwater runoff volumes and pollutant loadings; vii.use natural shoreline treatments,where practical,for shoreline stabilization, erosion control,or protection; viii.meet other criteria and direction set out in applicable watershed planning and subwatershed plans; ix.be serviced by sewage works which reduce nutrient inputs to groundwater and the lake from baseline levels;and x.demonstrate available capacity in the receiving water body based on inputs from existing and approved development It is my opinion that the development proposal and requested minor variance generally conform to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use and does not require any extensions or upgrades to existing services or infrastructure to support the Development Services June 1, 2022 Report No. DS2022-085 Page 8 of 24 Page 138 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... proposed detached structure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and landform systems, features and functions. With respect to the key natural heritage and hydrological features on the subject property, the proposed dwelling has been shifted further from the shoreline than the existing dwelling while still maintaining access to the existing driveway and similar built form relationship to the neighbouring property. This location mitigates the potential for adverse impacts on the waterfront and natural heritage features of the property. 3. Lake Simcoe Protection Plan The Subject Property is located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA) and subject to the policies of the Lake Simcoe Protection Plan. Chapter 6 specifically relates to Shorelines and Natural Heritage and includes the following targets: • No further loss of natural shorelines on Lake Simcoe; • Achieve a greater proportion of natural vegetative cover in large high quality patches; • Achieve a minimum 40 percent high quality natural vegetative cover in the watershed; • Achieve protection of wetlands; • Achieve naturalized riparian areas on Lake Simcoe and along streams; • Restore natural areas or features; and • Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity. The requested minor variance will facilitate construction of a new detached dwelling with attached garage located further from the shoreline than under existing conditions. This additional spatial separation will increase the buffer between the dwelling the important shoreline features, which will help to mitigate the impacts to the Lake Simcoe watershed and shoreline. On this basis, it is my opinion that the proposal and requested minor variance will conform to the applicable policies of the Lake Simcoe Protection Plan. 4. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance maintain the general purpose and intent of the County of Simcoe Official Plan on the following basis: Development Services June 1, 2022 Report No. DS2022-085 Page 9 of 24 Page 139 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... • The size and scale of the proposed dwelling will be consistent and compatible with the low density residential community and will be in a location that is appropriate for access from the existing driveway, as well as to mitigate any impacts to surrounding properties. • The proposed south side yard setback is consistent with the existing setback to the detached garage. The proposed dwelling will comply with the required front, rear and north side yard setback and will also comply with the maximum permitted height. • The reduced south side yard setback will be mitigated by the existing trees and vegetation along the property line shared with 2313 Lakeshore Road East. • No windows are proposed on the south side of the garage adjacent to the property line. While windows are proposed on the south side of the main portion of the dwelling, these windows are on a portion of the dwelling set back significantly further than the garage and exceeding the minimum zoning requirements. • The proposed detached garage will not adversely impact any existing natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing character of the subject property and the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. Development Services June 1, 2022 Report No. DS2022-085 Page 10 of 24 Page 140 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variance maintain the general purpose and intent of the Official Plan for the following reasons: Development Services June 1, 2022 Report No. DS2022-085 Page 11 of 24 Page 141 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... • The development proposal and requested minor variance will have no impacts on natural heritage or rural character and features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • The dwelling will be constructed in front of the existing dwelling as opposed to closer to the slope and area at the rear of the property adjacent to Lake Simcoe; • The proposed dwelling maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community, including a garage structure that is located closer to the south property line than permitted under the prevailing zoning regulations; • The proposed dwelling will be in a location that maintains the existing built form relationship with 2313 Lakeshore Road East as well as facilitating use of the existing driveway for site and garage access, which minimizes disruption to the existing use and built form characteristics. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. Development Services June 1, 2022 Report No. DS2022-085 Page 12 of 24 Page 142 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Zone (SR)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a 1-storey detached dwelling with attached garage constructed within the minimum required south side yard setback, but complies with requirements for maximum height, maximum lot coverage and minimum front/rear yard setbacks. The reduced setback will be to the garage portion of the dwelling, which is consistent with existing conditions on the subject property that include a reduced setback to a detached garage in a similar location. The impact of the proposed detached structure is also mitigated by there being no windows on the south side of the attached garage and maintaining existing trees and vegetation along the property line. The requested minor variance to the minimum required south interior side yard setback will facilitate construction of a 1-storey single detached dwelling that is consistent with the low density residential character of the subject property and surrounding community. The dwelling will be in a location that provides the minimum front, rear and north side yard setbacks in conjunction with a reduced south side yard setback that is greater than under existing conditions and in a similar location to the existing side yard setback that is less than the minimum zoning requirement. It is my opinion that the requested minor variance maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy Development Services June 1, 2022 Report No. DS2022-085 Page 13 of 24 Page 143 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a detached dwelling with attached garage that will maintain and enhance the existing land use and built form character of the subject property and the surrounding community. The development proposal and requested minor variance will have no adverse impacts on the rural character and natural heritage features on or adjacent to the subject property, including the slope down to Lake Simcoe. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variance proposed to the zoning regulations will be mitigated. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The location, height, lot coverage and floor area of the proposed dwelling will maintain the existing built form character on the subject property. The minimum required front, rear and north side yard setbacks will also be provided. The requested reduction to the south side yard setback will allow for construction and use of the attached garage in the same location as the existing detached garage and access to the property and garage from the same driveway. It is my opinion that the requested variance to the Zoning By-Law will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a new detached dwelling that is consistent and compatible with the existing use and built form character of the subject property and surrounding community. The proposed location for the dwelling relative to the south property line will maintain the existing built form, use and site access characteristics without adversely impacting the residential character and natural heritage features in the community. Development Services June 1, 2022 Report No. DS2022-085 Page 14 of 24 Page 144 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Are the variances minor? Yes. The requested south side yard setback is greater than the setback that exists today between the detached garage and south property line. The setback will be increased relative to the existing condition and the attached garage will be in a similar location to the existing garage. The garage has been designed with no windows on the south side to mitigate the potential for impacts to the neighbouring property. There are also trees and vegetation along the property line that will provide screening and buffering between these properties. On this basis, it is my opinion that the minor variance will not result in adverse impacts to the existing use and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Development Services June 1, 2022 Report No. DS2022-085 Page 15 of 24 Page 145 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comment at this time. Owner/Applicant to be aware that a new on-site site system permit or septic verification will be required. Please note that any room with a bed shall be considered a bedroom in calculating daily sewage flow. Shed shall be removed from sewage envelope. • Township Development Engineering — Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-34 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services May 30, 2022 Andria Leigh, Director Development Services May 30, 2022 Development Services June 1, 2022 Report No. DS2022-085 Page 16 of 24 Page 146 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map irk 2317 n 2315 2313 1 i f r 2311 2300 u Development Services June 1, 2022 Report No. DS2022-085 Page 17 of 24 Page 147 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo V r a Development Services June 1, 2022 Report No. DS2022-085 Page 18 of 24 Page 148 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos a View of Subject Property from Lakeshore Road East Looking North to 2317 Lakeshore Road East T .r —i � �'.: v Ate/ - ■ , L - ,r... is v Looking South to 2313 Lakeshore Road East Existing Dwelling and Detached Garage a` °5—' t # ° _ III d ri a Existing South Side Yard Location of Proposed Dwelling Schedule 4: Site Plan Development Services June 1, 2022 Report No. DS2022-085 Page 19 of 24 Page 149 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... dL07 34 4 d a d � � d r i `, O `d Development Services June 1, 2022 Report No. DS2022-085 Page 20 of 24 Page 150 of 351 6.e) 6-10 p.m. DS2022-085, Michael Barton, Township Planning Consultant Schedule 5: Building Drawings jl 4N I OLEI [7] ❑ I ­FLO PUN Development Services June 1, 2022 Report No. DS2022-085 Page 21 of 24 Page 151 of 351 6.e) 6.10 p.m. DS2022-085, Michael Barton, Township Planning Consultant ... a II` III a = a pe — — a m �p1p1`�s Cu B e _ I rc�iox.wo.ar - i W 0.GOReuu G�u+n0.p[a•pia tViJS.F. n:4 w. 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SID0.HEygTOy T-E Development Services June 1, 2022 Report No. DS2022-085 Page 24 of 24 Page 154 of 351 Minor Variance Application 2022-A-34 (Horne) Location: 2315 Lakeshore Road East Zonin Shoreline Residential SR W Q° O 2317 � N 9 ' R O Official Plan: Shoreline / 33t5 ^ 0 Current Use: Residential "" v 0 0 QI � v W T--hip of Praiir(HrHl,g,,Ez iimg Ferliirr D l J 0 .-f Minor Variance Application 2022-A-34 (Horne) Purpose: The applicants are proposing to construct a dwelling with an attached 0 garage. The applicants are seeking relief to the following section of Zoning By- law 97-95, as amended: o 0 Section 4.0—Table B1, Minimum Interior Side Yard, Shoreline Residential (SR)Zone N Required: Proposed: 3 metres (9.8 feet) 1.8 metres (5.9 feet) _ 0' v m W v 0 0 v Cn Cn rn o ON W Township of �_, �^ =3 Pra d Hrriingr,E-iiing Ferliirr /-� l J 0 .-f Minor Variance Application 2022-A-34 (Horne) Aerial Photo: �' •�,�. t . CD O 0 OD .►�y t.` 0 m • o0 v 0 0 y �� _�_ �� � �� Arard Heritage,Ex W,,g Fufurr D l J 0 .-f Minor Variance Application 2022-A-34 (Horne) OD Applicant's Site Plan: 0 N a � r ✓ y✓ d a e rs,rr 0 p (D ✓ v 0 ol \ 4 W W { _ON �isl��E'CCCJ/ZZt(% � Pr—d Heritage,Exciting Fufurr /�-� l J 0 U) .-f Minor Variance Application 2022-A-34 (Horne) Applicant's Site Plan (detail): 0 3 0 fCD V O sT N O OD ry' glT4c o Qqf sT 0 ry'p ti 3' To O O eft � p A �O.12 fQ CD HO 1.8 m a, Proposed ep � ry v ry ry fn A. C CO r ON _3 is���E'CCCJ/ZZ(% Pr—d Heritage,Exciting Fufurr /�-� l J O .-f Minor Variance Application 2022-A-34 (Horne) Applicant's Drawings: 0 o CD a N 0 N N O O cn N O F v � rn � o �isl��E'CCCJ/ZZt(% Pr—d Heritage,Exciting Fufurr l J 0 .-f Minor Variance Application 2022-A-34 (Horne) Applicant's Drawings: �.� CI) N C31 _. n' v (D V - W Cn v O O rn � �isl��E'CCCJ/ZZt(% Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-34 (Horne) r 4, CD s � ll* O CD Cn �n View of subject property from Notice sign posted Lakeshore Road East N v W 3 0' Pr—d Heril�gr,Ea W,,g Pururr /O-� l J O .-f Minor Variance Application 2022-A-34 (Horne) �m } O CD O � N i � N O OD v (D W v O O Cn Location of proposed dwelling w _ { v _=3 Arard Heritage,Ex W,,g Fufurr a l J O .-f Minor Variance Application 2022-A-34 (Horne) CD • i • — - -r N .1 O 00 v p P ttr s.rx CO v O O Looking south to 2313 Looking north to 2317Cn Lakeshore Road East Lakeshore Road East (�fYJ�e Z E'C�O/2tPi =3 Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-34 (Horne) CD ;r N i ( • - N N V r. r o Cn fi /f G Existing dwelling and detached Existing south side yard garage Cn v w Pr—d Heritage,Exciting Fufurr C) O .-f Minor Variance Application 2022-A-34 (Horne) Recommendation: Approve 0 It is recommended: 0 1. That Report No. DS2022-085 be received and adopted. 0) N O 2. That Minor Variance Application 2022-A-34 by George&Sepi Horne,specifically for permission to build a detached dwelling with �N attached garage set back 1.8 metres from the south interior side lot line be approved subject to the conditions as outlined in Report DS2022-085. 0 cn 3. The conditions are as follows: a. That notwithstanding Section 4.0,Table B1,the proposed dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; CD b. That the proposed dwelling be substantially and proportionally in conformity with the dimensions as set out on the W application and sketches submitted and approved by the Committee; c. That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the 0 footing and if no footing,the foundation,that the dwelling is located no closer than 1.8 metres from the south interior side _ lot line; 0 d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township v only after the Committee's decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990,c.P. cc 13. CD 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's o signature. =3 w �99" � CP Toumship of Prair(HnilnRr,Esrrlinq Ferhirr /-� l J 0 r-f .-f 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-080 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-35 Roll #: Diana Deakin-Thomas R.M.S. File #: 4346-010-003-16500 72 Huronwoods Drive D13 60563 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-080 be received and adopted. 2. That Minor Variance Application 2022-A-35 by Diana Deakin-Thomas specifically to permit the construction of a two-storey single detached dwelling addition with a reduced front yard of 4.17 metres (13.7 feet) on lands municipally known as 72 Huronwoods Drive, be approved, subject to the conditions as outlined in Report DS2022-080. 3. The conditions are as follows: a) That notwithstanding Section 7.113, the single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant maintains or enhances the existing vegetation along the front lot line; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is no closer than 4.17 metres (13.7 feet) from the front lot line; e) That the appropriate Zoning Certificate and Building Permit 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. Development Services June 1, 2022 Report No. DS2022-080 Page 1 of 9 Page 167 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.25 hectares (0.56 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. The applicant is proposing to construct a new two-storey addition to the existing dwelling that will include a main floor garage, and second floor primary bedroom attached to the main house (not an apartment). The applicant is seeking relief to the following section of Zoning By-law 97-95: Section 7.113 *113 - Registered Plans M-8, M-9, M -30 and M-31 Former Oro Required. Proposed: c) Minimum setback from a public street 4.17 metres (13.7 feet) 6.0 metres (19.7 feet) The applicant's site plan and elevation drawings are included as Schedule 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing construction of an addition that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing residential lot in a rural settlement area. Development Services June 1, 2022 Report No. DS2022-080 Page 2 of 9 Page 168 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the minor variance application for an additional to a residential dwelling in the Sugarbush Settlement Area conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's Official Plan identifies the subject lands to be within the Rural Settlement Area of Sugarbush. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an addition to the existing dwelling is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 113 (R1*113) in the Township's Zoning By-law 97-95, as amended. Single detached dwelling additions and by extension accessory uses to the residential use are permitted in the Zone. Exception 113 is a subdivision specific exception that requires the minimum setback from a public street to be 6.0 metres (19.7 feet). Development Services June 1, 2022 Report No. DS2022-080 Page 3 of 9 Page 169 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... The primary purpose of the front yard setback is to provide spatial separation between structures and the lot line, as well as to provide space for access, parking and landscaping. Notwithstanding the proposed variance, Planning Staff believe that the proposed setback will provide an adequate setback from the lot line and not restrict parking on the lot, since the addition will not interfere with the relatively existing large driveway on the lands. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed addition to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed single detached dwelling addition would be visible from the neighbouring properties, however, there is mature vegetation on the front lot line to provide a buffer to the proposed structure. The proposed structure will not interfere with functional matters such as parking and the septic system. Planning Staff have added a condition to require that the front yard vegetation be maintained. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from the neighbourhood. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services June 1, 2022 Report No. DS2022-080 Page 4 of 9 Page 170 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No objection • Township Building Department — septic verification permit OR a Septic Permit for a new system will be required prior to building permit issuance Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Elevation Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-35 be approved, specifically, to permit the construction of a two-storey single detached dwelling addition with a reduced front side yard setback to 4.17 metres (13.7 feet) on lands municipally known as 72 Huronwoods Drive, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services May 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-080 Page 5 of 9 Page 171 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Sugarbush Firair �f OCO Schedule 1 Location Township of ®Subject Lands Proud Heritage,Exciting Future ° oo m File Number: 2022-A-35 / I I Development Services June 1, 2022 Report No. DS2022-080 Page 6 of 9 Page 172 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo . d ar �� • 3i Schedule 2 Aerial Photo Township of Q Subject Lands Proud Herrtage,Exciting Future 0 30 M File Number 2022-A-35 N I I I I Development Services June 1, 2022 Report No. DS2022-080 Page 7 of 9 Page 173 of 351 6J) 6.20 pm.m DS2O22-080, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan W 4p r3 _ w ©-I Proposed yam+ Addition 1.83 m ENCROACH 'ENT S� T 14, \ s �rsw ,9 Schedule 3 Applicant's Site Plan �j Tnumship�f File Number 2022-A-35 Proud Heritage,Exeithox ,Pwure Development Services June 1, 2022 Report No. DS2022-080 Page 8 of 9 Page 174 of 351 6J) 6.20 pm.m DS2022-080, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Proposed Elevation 7 F7 s 9.3 rn Easlip Schedule 4 Applicants Elevation Plan Tnumshrp of p� File Number 2022-A-35 O�(rod '""" � Proud HeritnQr,ErrLtiox,Q Future Development Services June 1, 2022 Report No. DS2022-080 Page 9 of 9 Page 175 of 351 Minor Variance Application 2022-A-35 (Deakin-Thomas) N Location: 72 Huronwoods Drive Zoning: Residential One Exception o PQ Sugar:ush N HrUnn.GIX's Official Plan: Rural Settlement 0 Area .,, o CD Current Use: Residential CD Y, cQ �" =3 m =3 m rn m W To,-hip f Praiir(HrrirnRr,Ezrifing Ferriirr � n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) N Purpose: The applicant is proposing to construct a single detached dwelling addition. The applicant is seeking relief to the following section of Zoning By-law 97-95, as amended: o N Section 7.113 *113 - Registered Plans M-8, M-9, M -30 and M-31 (Former Oro) N Required: Proposed: o c) Minimum setback from a public street 4.17 metres (13.7 feet) o 6.0 metres (19.7 feet) 0 m' m v m � v cQ =3 m =3 m o CD W / Th—hip f Praiir(HrrinRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) Aerial Photo: = r 5 CD N Y 1 O N N O O O 0 v (D (D v (D � v cQ =3 (D =3 (D CO O isl��E'CCO/7t(% Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) N Applicant's Site Plan: 1 w 40 q s 0 � N O IQ a� N g. O � O y \\ Proposed V- Addltbo (� CS 1.63 m e� ZOT \ ENCROACH ENT @ 14, \ 4 � \ CD w m C Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) N Applicant's Elevations: 3 3 0 ..r, cn N O e.wup w.n� N O O O E m e.Y y E =mm lmmV IIIIITIIIII II � CD w�mmF lV �T CD Dm V CO O mm lV Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) O '}r CD quaj fa ` O N f; O O h m m South on West on North on CD Algonquin Trail Huronwoods Huronwoods CD W T—hip of O. Araard Hn�ilnRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) DY N O 3 0 CD N O N N O O O (p CD ay .. m 00 � v Notice sign posted 0. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) CD ' CD Existing accessory Existing dwelling CO building • �� r r M. CD Minor Variance Application 2022-A-35 (Deakin-Thomas) �qa 0 ' CD o o gad (D x CD Existing dwelling proposed View from Algonquin CD addition to right trail of dwelling Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-35 (Deakin-Thomas) N Recommendation: Approve It is recommended: 3 1. That Report No. DS2022-080 be received and adopted. p 0) N 2. That Minor Variance Application 2022-A-35 by Diana Deakin-Thomas specifically to permit the construction of a two-storey single o detached dwelling addition with a reduced front yard of 4.17 metres(13.7 feet)on lands municipally known as 72 Huronwoods N Drive, be approved,subject to the conditions as outlined in Report DS2022-080. p 00 3. The conditions are as follows: o c) That notwithstanding Section 7.113,the single detached dwelling addition shall otherwise comply with all other applicable 0 provisions of the Zoning By-law; d) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; (D e) That the applicant maintains or enhances the existing vegetation along the front lot line; f) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify v by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the (D footing and if no footing,the foundation,that the single detached dwelling addition is no closer than 4.17 metres(13.7 feet) from the front lot line; g) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's v cc CD becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. � m 00 U1 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. • rp w � Toumship / / �ECC(JiLtPi 0 Prair(HnilnRr,Esrrlinq Ferhirr � 0 CD D 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re: Minor... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-076 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-36 Roll #: Debby Storey & Graham R.M.S. File #: 4346-010-008-24100 Western D13 60564 235 Lakeshore Road West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-076 be received and adopted. 2. That Minor Variance Application 2022-A-36 by Debby Storey & Graham Western specifically for permission to build a one-storey addition to the existing non- complying single detached dwelling with a reduced setback of 14.0 metres (46.0 feet) from the average high water mark of Lake Simcoe and a reduced setback of 1.3 metres (4.2 feet) from the exterior side lot line, and an increase in the useable floor area within the required exterior and rear yards by approximately 26.4 square metres (284.3 square feet), and to build a one-storey addition to the existing detached accessory building (garage) with a total floor area of 87.8 square metres (945.0 square feet) and an increased lot coverage of 5.5%, on lands municipally known as 235 Lakeshore Road West, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2022- 076. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 (a), Section 5.16.1 (b), Section 5.1.6 and Section 5.1.5, the single detached dwelling addition and detached accessory building addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition and detached accessory building addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 14.0 Development Services June 1, 2022 Report No. DS2022-076 Page 1 of 14 Page 186 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... metres from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum) and no closer than 1.3 metres from the exterior side lot line; d) That the applicants maintain and preserve the existing vegetative buffer on the interior side, exterior side and rear property lines, or replace with a similar vegetative buffer if destroyed; e) That the applicants satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.18 hectares (0.44 acres), according to MPAC records, and contains a single detached dwelling, detached accessory building and shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to replace the existing addition at the rear of the non- complying single detached dwelling with a larger one storey addition and build an addition to the existing detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Single detached dwelling addition: Section 5.16.1 a — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not further encroach into a required Proposed to further encroach 0.8 metres yard or into the setback area from the (2.5 feet) into the required exterior side average high water mark of 20.0 metres yard setback for a total setback of 1 .3 (65.6 feet) from Lake Simcoe. metres (4.2 feet). Proposed to further encroach 0.6 metres (2.0 feet) into the required setback from the average high water mark of Lake Simcoe for a total setback of 14.0 metres (46.0 feet). Section 5.16.1 (b) — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable floor area Proposing to increase the floor area within in a required yard. the required exterior side yard and the required rear yard by approximately 26.4 square metres 284.3 square feet). Development Services June 1, 2022 Report No. DS2022-076 Page 2 of 14 Page 187 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Detached accessory building (garage) addition: Section 5.1 .6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) Existing garage: 61.3 square metres (660.0 square feet) Proposed addition: 26.5 square metres (285.0 square feet) Tota I: 87.8 square metres (945.0 square feet) Section 5.1.5 — Maximum Lot Coverage Required. Proposed: 5% T5.5% The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions as the addition will be located further from Lake Simcoe than the existing rear deck. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed dwelling addition and detached accessory building addition are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain Development Services June 1, 2022 Report No. DS2022-076 Page 3 of 14 Page 188 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re: Minor... conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling addition and detached accessory building addition are consistent with the County's Official Plan as they are associated with an existing permitted residential use. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed dwelling addition will not encroach any closer to Lake Simcoe than the existing rear deck. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any LSRCA comments that may be received. The subject property is located within the LSRCA's regulated area. The applicants will be required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA permit has been included as a recommended condition of approval. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services June 1, 2022 Report No. DS2022-076 Page 4 of 14 Page 189 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to both the existing single detached dwelling and the existing detached accessory building which are permitted uses in the Shoreline Designation. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. The applicants are proposing to demolish the existing addition at the rear of the non-complying single detached dwelling and replace it with a larger one-storey addition, as well as build an addition to the existing detached accessory building (garage); therefore, the applicants are seeking relief from the Zoning By-law to permit: 1) A further encroachment of 0.8 metres (2.5 feet) into the required 7.5 metres (24.6 feet) exterior side yard setback for a total exterior side yard setback of 1 .3 metres (4.2 feet) (note: the applicants have requested a smaller setback than illustrated on their site plan); 2) A further encroachment of 0.6 metres (2.0 feet) into the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe for a total setback of 14.0 metres (46.0 feet); 3) An increase of the floor area within the required exterior side yard and the required rear yard by approximately 26.4 square metres (284.3 square feet); 4) An increase in the maximum floor area for the detached accessory building from 70.0 square metres (753.5 square feet) to 87.8 square metres (945.0 square feet); and, 5) An increase in the maximum lot coverage from 5% to 5.5%. The existing single detached dwelling is non-complying as does not meet the minimum required rear yard setback of 20.0 metres (65.6 feet) to the average high water mark of Lake Simcoe as it has a setback of 14.6 metres (48.0 feet) and it does not meet the minimum required exterior side yard setback of 7.5 metres (24.6 feet) as it is setback 2.3 metres (7.7 feet). Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: Development Services June 1, 2022 Report No. DS2022-076 Page 5 of 14 Page 190 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1 .8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. `5-9'). The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. In Planning Staff's opinion, the proposed replacement and enlargement of the existing rear addition meets the general purpose and intent of the Zoning By-law as the addition will not extend any closer to the average high water mark than the existing rear deck and it will not extend any closer to the exterior side lot line than the main dwelling, which is located 1.1 metres (3.7 feet) from the exterior side lot line. In Planning Staff's opinion, the proposed exterior side yard setback provides adequate space for access and maintenance around the dwelling and should the owners need to bring any large machinery to the rear of the dwelling, there remains ample space to access the backyard along the east side of the dwelling. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The existing garage is 61 .3 square metres (660.0 square feet) and the applicants are proposing a 26.5 square metres (285.0 square feet) addition, for a total building size of 87.8 square metres (945.0 square feet). The applicants have also requested an increase in maximum lot coverage from 5% to 5.5%. In Planning Staff opinion, the requested increase in floor area and the requested increase in lot coverage are minimal. The garage at 87.8 square metres (945.0 square feet) remains smaller and subordinate to the dwelling at 177.8 square metres (1 ,914.0 square feet) according to the MPAC records. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed dwelling addition and the proposed detached accessory building addition will have a minimal impact on the neighbouring property owners as the front lot line, interior side lot line and exterior side lot line are lined with large hedges and trees that will buffer the buildings from view from the neighbouring properties. Planning Staff have recommended a condition that the applicants maintain and preserve the existing vegetative buffer along the interior side, exterior side and rear property lines, or replace with a similar vegetative buffer if Development Services June 1, 2022 Report No. DS2022-076 Page 6 of 14 Page 191 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... destroyed. Furthermore, the side on which the proposed dwelling addition is located, is adjacent to McArthur Street which is an unopened road allowance which provides pedestrian access to Lake Simcoe. Prior to issuance of a building permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed development will be mitigated on the subject lands and will not impact neighbouring lots. Planning Staff noted that the requested variances are not out of character for the area as there are other property owners along Lakeshore Road West that have obtained a variance for a reduced setback from the average high water mark of Lake Simcoe and an enlarged detached accessory building. Within close proximity to the subject lands, there are two examples. The owners of 249 Lakeshore Road West obtained a variance to enlarge a non-complying dwelling with a reduced setback of 13.2 metres (43.3 feet) from the average high water mark of Lake Simcoe (Minor Variance 2014-A-22) and the owners at 253 Lakeshore Road West obtained a variance for a detached accessory building with a maximum floor area of 101 .0 square metres (1 ,087.2 square feet) (Minor Variance 2016-A-09). Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan Development Services June 1, 2022 Report No. DS2022-076 Page 7 of 14 Page 192 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Note: With 2 separate permits required — 1 drawing containing both proposed works is the best method for review allows single review and inspection (if both projects are applied for and completed together) — only 1 ELG Fee would be required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-36 be approved, specifically to permit construction of an addition to the existing non-complying single detached dwelling with a reduced setback of 14.0 metres (46.0 feet) from the average high water mark of Lake Simcoe and a reduced setback of 1.3 metres (4.2 feet) from the exterior side lot line, and an increase in the useable floor area within the required exterior and rear yards by approximately 26.4 square metres (284.3 square feet), and build an addition to the existing detached accessory building (garage) with a total floor area of 87.8 square metres (945.0 square feet) and an increased lot coverage of 5.5%, on the basis that the application meets the four tests of the Planning Act and conforms Development Services June 1, 2022 Report No. DS2022-076 Page 8 of 14 Page 193 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services May 26, 2022 Andria Leigh, Deputy CAO/Director Development Services May 26, 2022 Development Services June 1, 2022 Report No. DS2022-076 Page 9 of 14 Page 194 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Schedule 1: Location Map 22 u3 240 242 2a 2� 2 25D eFd l5 L Fesrw TS3 229 25� Zp:m I '21 M R — •� E'a 25] 248 1\ 241 ?6= Development Services June 1, 2022 Report No. DS2022-076 Page 10 of 14 Page 195 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Schedule 2: Aerial Photo l ; t F SR JPIOP SR Development Services June 1, 2022 Report No. DS2022-076 Page 11 of 14 Page 196 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Schedule 3: Applicant's Site Plan I Garage addition Single detached I edaM9' P9'°aed dwelling addition � I w I Q I 0 cr ema� LAKE SIMCOE O � I I I e.+o.•+r ir. WARTHUR STREET (UNOPENED) Development Services June 1, 2022 Report No. DS2022-076 Page 12 of 14 Page 197 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Schedule 4: Elevation Drawings Proposed single detached dwelling addition: ® ® L -- ------------------------------------------------� 4 Development Services June 1, 2022 Report No. DS2022-076 Page 13 of 14 Page 198 of 351 6.g) 6.30 p.m. DS2022-076, Catherine McCarroll, Senior Planner re. Minor... Schedule 4: Elevation Drawing (Continued) Proposed detached accessory building (garage) addition: _�T = E= r o o c I ll i L II 4 i {I I Development Services June 1, 2022 Report No. DS2022-076 Page 14 of 14 Page 199 of 351 Minor Variance Application 2022-A-36 (Western & Storey) Location: 235 Lakeshore Road West o 3 Zoning: Shoreline Residential (SR) o . 7 N O - _ N Official Plan: Shoreline N O Current Use: ResidentialCD v =CD 0 n v 0 v — CD CD N =3 O Q O � W T--hip f Praiir(HrrinRr,Ezrifing Ferliirr � CD 0 Minor Variance Application 2022-A-36 (Western & Storey) Purpose: The applicants are proposing to build a one storey addition to the o existing non-complying dwelling and build an addition to the existing detached P accessory building (garage). The applicants are seeking relief to the following o sections of Zoning By-law 97-95, as amended: o N N Single detached dwelling addition: p v Section 5.16.1 (a)—Enlargement, repair or renovation of a non-complying building Required: Proposed: v Does not further encroach into a required Proposed to further encroach 0.8 metres(2.5 feet)into the required exterior side yard =r yard or into the setback area from the setback for a total setback of 1.3 metres(4.2 feet). CD average high water mark of 20.0 metres(65.6 m feet)from Lake Simcoe. Proposed to further encroach 0.6 metres(2.0 feet)into the required setback from the C average high water mark of Lake Simcoe for a total setback of 14.0 metres(46.0 feet). 0 0 v Section 5.16.1 (b)—Enlargement, repair or renovation of a non-complying building o - v Required: Proposed: _ CD Does not increase the useable floor area Proposing to increase the floor area within the required exterior side yard and the required m No in a required yard. rear yard by approximately 26.4 square metres(284.3 square feet). 2. C) 0 CO cn Oi l =3 Prair(HnilnRr,Esrrlinq Ferhirr =3 0 0 Minor Variance Application 2022-A-36 (Western & Storey) Purpose (cont'd): 0 Detached accessory building (garage)addition: P Section 5.1.6—Maximum Floor Area p Required: Proposed: N 0 70.0 square metres(753.5 square feet) Existing garage: N 61.3 square metres(660.0 square feet) o Proposed addition: 4 26.5 square metres(285.0 square feet) ) Total: 0 87.8 square metres(945.0 square feet) (D Section 5.1.5—Maximum Lot Coverage m Required: Proposed: 5% 5.5% 0 v O v — cc CO m cD N =3 O N O O w O Toumship of ����� Prair(HnilnRr,Esrrlinq Ferhirr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) Aerial Photo: CD s' � � O � v O SR � m m t n 0 v 0 v — CO CD N =3 O CO O CO �T7b—hip =3 Pr—d Heritage,Exciting Fufurr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) Applicant's Site Plan: 0 Garage addition 0 --— 0 Single detached 0 i dwelling addition r n w war � ® C Q � CDC �x�a, LAKE SIMCOE =3 o (D T w ^ CO Tw 1 m (D MCARTHUR STREET No (UNOPENED) =3 O W T—hip { �v (9s � Pr—d Heril�gr,Ea W,,g Pufurz =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) Applicant's Elevations: o 3 0 CD . N FIII O -- _-------- - - NI ME 9 0CD ------------------------------------------------5 0 n v 0 v - rIj Proposed single detached CD dwelling addition (9T � Araard Hn�ilnRr,Ezrifing Ferliirr � 0 0 Minor Variance Application 2022-A-36 (Western & Storey) Applicant's Elevations: o o I CD N _ 0 iQ C`7 � I I CQ fQ Q CD L� 9' D m � . Q 4 (Q i- Xi- /f � 2Z' 0 v 0 v - Proposed detached accessory building (garage) addition �' _0 CO lJTow�hip =3 Pr—d Hn doge,E-iiinq Feehnr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) " N ' O _ v (D (D n f ' v O Looking East along Lakeshore Looking West along Lakeshore CD CD Road West Road West D. CO T—hip ~ �v (9s � Pr—d Heritq,Ea W,,g Pufurz =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) _ 0 N O _ N p ' O a, h- CD CD pq1 4 � CD l J ,f N (D 00 Notice sign posted _0 W T—hip { �� =3 Pr—d Hn doge,E-iiinq Feehnr =3 0 0 Minor Variance Application 2022-A-36 (Western & Storey) Ow I W—v K ` 0 f O OF rat (D f _ (D �n / L 0 0 Existing detached accessory building Proposed garage addition CD rIj (garage) COCD 0 r-hip =3 Pr—d Heritage,Exciting Fufurr =3 0 0 Minor Variance Application 2022-A-36 (Western & Storey) Nit WE gt . +m �.. �� �• � � Y__'��+�,°�,`����a' '� f �.'� ate, y...T� �: CD CD CD , y „, k C� v 0 Existing shed Existing single detached dwelling CD CO Pr—d Heritage,Exciting Fufurr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) CD 0 K - N CDr / (D 0 n v O Existing addition to be demolished Setback from Lake SimcoeCD �, and replaced with a larger addition =3 Pr—d Heritage,Exciting Fufurr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) r 4 T CD sir O� u N O CD n �a rM � O Location of the proposed dwelling addition CD N O CO 7b—hip =3 Pr—d Heritage,Exciting Fufurr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) �y AP 0 .1 `�'" N (D (D . n v O Vegetation along the east interior Vegetation along the front lot line CD side lot line �. oQCO Pr—d Heritage,Exciting Fufurr =3 CD 0 Minor Variance Application 2022-A-36 (Western & Storey) 4 v 1/ W a '' 3 IN- CO c ff-e� ,,vv O i O " O 1 m =' sr ' (D 5 ,,{ v Vegetation along the west exterior side lot line adjacent to the unopened road allowance (McArthur St.) CO 7b—hip e/,2!(CCO/LtP/ =3 Pr—d Heritage,Exciting Fufurr =3 0 0 Minor Variance Application 2022-A-36 (Western & Storey) Recommendation: Defer o It is recommended: P 1. That Report No. DS2022-076 be received and adopted. 0 N 2. That Minor Variance Application 2022-A-36 by Debby Storey&Graham Western specifically for permission to build a one-storey o addition to the existing non-complying single detached dwelling with a reduced setback of 14.0 metres(46.0 feet)from the ry average high water mark of Lake Simcoe and a reduced setback of 1.3 metres(4.2 feet)from the exterior side lot line, and an o increase in the useable floor area within the required exterior and rear yards by approximately 26.4 square metres(284.3 square rn feet), and to build a one-storey addition to the existing detached accessory building (garage)with a total floor area of 87.8 square n metres(945.0 square feet)and an increased lot coverage of 5.5%, on lands municipally known as 235 Lakeshore Road West, v Township of Oro-Medonte, be deferred to provide the applicant time to address the Lake Simcoe Region Conservation Authority (LSRCA)comments. m m 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's 0 signature. v 0 v — cc CO m m N =3 cn O O W CT Prair(HnilnRr,Esrrlinq Ferhirr =3 CD 0 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-086 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-37 by Roll #: Robert & Sky Bicevskis R.M.S. File #: 4346-010-010-07100 1067 Lakeshore Road East D13 60565 Lot 17, Plan 882 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-086 be received and adopted. 2. That Minor Variance Application 2022-A-37 by Robert & Sky Bicevskis, specifically for the purposes of a detached accessory building of an increased floor area of 99.7 square metres (1073 square feet) with an attached carport covering an area of 80.2 square metres (863 square feet), on lands municipally known as 1067 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-086. 3. The conditions are as follows: a) That notwithstanding Section 5.1.6, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); d) That the applicant remove the existing driveway entrance to 1067 Lakeshore Road. e) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit only after: i) The Applicant applies for and obtains the necessary Deeming By-law to merge the subject lands with the lands at 1065 Lakeshore Road East and provides confirmation to the satisfaction of Township Staff that the parcels have been merged into one Property Identification Number; Development Services June 1, 2022 Report No. DS2022-086 Page 1 of 10 Page 216 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... ii) The applicant has demolished the existing dwelling on the subject lands (1067 Lakeshore Road East); and iii)The Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13."And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is a shoreline lot that has an area of 0.108 hectares (0.27 acres) and contains an aging single detached dwelling that is intended to be demolished. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicants are proposing to construct an accessory building (detached garage with a floor area of 99.7 square metres (1073 square feet) with an attached carport of 80.2 square metres (863 square feet)) to be used in conjunction with their dwelling located on the adjacent property to the west at 1065 Lakeshore Road East. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.1 .6 — Maximum Floor Area for Ac ssory Building Required: Proposed: 70 square metres (753.5 square feet) 99.7 square metres (1073 square feet) accessory building with attached carport of 80.2 square metres 863 square feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4. The applicants are also proposing to construct a boathouse on the subject lands which does not require a Minor Variance. In conjunction with this Minor Variance application, the applicants have applied for a Deeming By-law (Application 2022-D-02) to merge the subject lands with their adjacent property at 1065 Lakeshore Road East, so that the applicants' dwelling, proposed accessory building and proposed boathouse will all be on a single lot. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited Development Services June 1, 2022 Report No. DS2022-086 Page 2 of 10 Page 217 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re- development in a designated rural area that is consistent with the above-noted PPS policies. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building conforms to with the Rural Areas policies in the Growth Plan as is represents residentially—related development in a rural area that is designated for limited residential development. Also applicable is Section 4.2.4.5, which permits development outside of settlement areas in developed shoreline areas of inland lakes on lands that are designated or zoned for concentrations of development. The proposed development conforms to Section 4.2.4.5 as the lands are designated and zoned for residential uses by the Township's Official Plan and Zoning By-law. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located in approximately the same location as an existing dwelling that is to be demolished, and is therefore not anticipated to have any new or adverse impacts on the Lake Simcoe. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The subject property is located within the regulated area and will be subject to obtaining a LSRCA permit prior to building permit issuance; the LSRCA permit has been included as a condition. The Committee should have regard to any LSRCA comments that may be received. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development, which includes accessory buildings on residential properties. In Planning Staff's opinion, the detached garage conforms to the County's Official Plan as it is associated with an existing permitted residential use. Development Services June 1, 2022 Report No. DS2022-086 Page 3 of 10 Page 218 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. Based on the above, the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) according to the Township's Zoning By-law 97-95. The general intent of the Zoning By-law in prescribing a maximum floor area requirement is to ensure that an accessory building will continue to be secondary and subordinate in both use and in appearance to the primary residential use of a property. In this case the proposed one-storey detached garage with carport would be smaller in size than the applicant's two-storey dwelling. In Planning Staff's opinion the proposed accessory building would be clearly subordinate and secondary to the main dwelling. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would occupy the approximately the same location as an existing, aging dwelling that is to be Development Services June 1, 2022 Report No. DS2022-086 Page 4 of 10 Page 219 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... demolished. Therefore the presence of a building in this location has already been established. In Planning Staff's opinion, the proposed design, size and use of the accessory building would clearly be secondary and subordinate to the applicants' main dwelling. The location of the proposed accessory building would not interfere with functional matters on the lot such as parking or the septic system area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services June 1, 2022 Report No. DS2022-086 Page 5 of 10 Page 220 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments: • Township Development Engineering — No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. • Township Operations Division — No objection. Existing entrance to 1067 Lakeshore Road to be removed once merged with 1065 Lakeshore Road. • Township Building Division — No comment at this time. Owner/applicant to be aware that the septic system is to be properly decommissioned. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Applicants' Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-37 be approved, specifically for the purposes of a detached accessory building of an increased floor area of 99.7 square metres (1073 square feet) with an attached carport covering an area of 80.2 square metres (863 square feet), on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director, Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-086 Page 6 of 10 Page 221 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map 1073 U4' 19 1071 Q {r, m� 1067 1069 f 1 1/ 1065 I 1063 / 1 ! f { / N l/ ! W+L 10fi 1 S Development Services June 1, 2022 Report No. DS2022-086 Page 7 of 10 Page 222 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo U -v, 4a ti. �e ro _ 5 r3 Subject Lands ands Also Owned 4 y Applicants AW N Development Services June 1, 2022 Report No. DS2022-086 Page 8 of 10 Page 223 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Site Plan II + C ®® 4 � FA CC 0 h Mq� Or P 10 113 4 \ ow. \\ o , � el .\ A + •\ J y . l I Development Services June 1, 2022 Report No. DS2022-086 Page 9 of 10 Page 224 of 351 6.h) 6.40 p.m. DS2022-086, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Elevation Drawings o0 oQr•=� - �t�o 6�, A.F v 7 Y Development Services June 1, 2022 Report No. DS2022-086 Page 10 of 10 Page 225 of 351 Minor Variance Application 2022-A-37 (Bicevskis) Location: 1067 Lakeshore Road o East Zoning: Shoreline Residential (SR) v �' N CD N � O Official Plan: Shoreline 0 s Current Use: Residential 7 10, v s N � N Prair(HnilnRr,Esrrlinq Ferhirr co n Minor Variance Application 2022-A-37 (Bicevskis) Purpose: The applicants are proposing to construct an accessory building o (detached garage with carport) and a boathouse on lands currently identified as 7 1067 Lakeshore Road East. 1067 Lakeshore Road East is to be merged with 'on lands at 1065 Lakeshore Road East to form a single lot. The applicants N are seeking relief from the following section of Zoning By-law 97-95 with respect CO to the accessory building, as amended: CD Section 5.1.6— Maximum Floor Area for Accessory Building CD % Required: Proposed: 70 square metres (753.5 square feet) 99.7 square metres (1073 square feet) Cr accessory building with attached carport of 80.2 square metres (863 square feet) v v � m m N � N v � O =3 W !/ ownship of�j,y- � OtTl_ (Q P"'d HrHll gr,Ez iimg Ferliirr CO CD n CD Minor Variance Application 2022-A-37 (Bicevskis) Aerial Photo: 4 S ,wv y:. �' li O k 40 , CD N O O O 0 (D (D r � =3 Subject Lands !v Lands Also Owned ((D cD by Applicants N N 00 =3 =3 Pr—d Heritage,Exciting Fufurr Co n Minor Variance Application 2022-A-37 (Bicevskis) mm o m m Applicant's Site Plan: J o- ' , Vo' W! r O %f ✓ N O OD CD r � � (D 9e u o r ♦ I�� � y .-f CD r ♦ v > (D � W Tommhip of � /� 11,—(Hrriingr•E,61my Ferlirrr V! CD n CD Minor Variance Application 2022-A-37 (Bicevskis) Applicant's Elevations: 0 N I O pp po do 0000 N L-j-jC=—L= oOOO ® 000 mm�m- moo — 00 00000000 0 CD m 7 CD m N O Pr-d Heritage,Exciting Fufurr CD CD n CD Minor Variance Application 2022-A-37 (Bicevskis) � s CD ter. � �• �W. 4 1 '1t6�yy�, 1I � rvT d nx O OD (D CD IE i H v Notice sign posted Subject lands from Lakeshore Road CD W East v =3 W T--hip of =. Pra d HrHll gr,E-iimg Ferliirr CO CD n CD Minor Variance Application 2022-A-37 (Bicevskis) 10 CD 004 CD �,.,, ` � s 5■E,. t q w a 'i.7s 4 s. , -Y;r 0 CD {T (D ' k b W Looking from 1065 to 1067 Existing dwelling on subject lands N Lakeshore Road East looking from Lakeshore Road East Pr—d Heritage,Exciting Fufurr CD n CD Minor Variance Application 2022-A-37 (Bicevskis) u , O 0 N O 00 sn _ CD CD F 0 ,, eC w"6.a. W Subject lands looking at 1065 From subject lands looking at CD W Lakeshore Road East neighbor at 1069 Lakeshore Road Q East Pr—d Heritage,Exciting Fufurr CD n CD Minor Variance Application 2022-A-37 (Bicevskis) �m S T"vW, Jl VI s: r 0 _ N 11110 , Cr �L— o. 1. ate.. Existing dwelling on subject lands Location of proposed boathouse looking from Lake Simcoe Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-37 (Bicevskis) Recommendation: Approve o 3 1 . That Report No. DS2022-086 be received and adopted. o N O N 2. That Minor Variance Application 2022-A-37 by Robert & Sky Bicevskis, specifically o for the purposes of a detached accessory building of an increased floor area of 99.7 CO square metres (1073 square feet) with an attached carport covering an area of 80.2 0 CD square metres (863 square feet), on lands municipally known as 1067 LakeshoreCD Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-086. 7 3. The conditions are as follows: v N � W C O =3 W / Township of � (911- �^ Pra d HrHll gr,E-iimg Ferliirr V! CD n CD Minor Variance Application 2022-A-37 (Bicevskis) a) That notwithstanding Section 5.1.6, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in 0 conformity with the dimensions as set out on the application and sketches P submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the CO Lake Simcoe Region Conservation Authority (LSRCA); N 0 d) That the Applicant obtain from the Township the appropriate Zoning N N Certificate, Engineered Lot Grading Plan and Building Permit only after: 0 i) The Applicant applies for and obtains the necessary Deeming By-law rn to merge the subject lands with the lands at 1065 Lakeshore Road 0 East and provides confirmation to the satisfaction of Township Staff m that the parcels have been merged into one Property Identification Number; ii) The applicant has demolished the existing dwelling on the subject lands (1067 Lakeshore Road East); and 7 iii)The Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13."And that the applicant be =3 advised of the Development Services Committee's decision under the cQ Secretary-Treasurer's signature. N � W O =3 W f Th—hip of =3 Pra d Hrriingr,Ez iiing Ferliirr CO n 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-081 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 1, 2022 Minor Variance Application 2022-A-38 Roll #: 1928655 Ontario Ltd. R.M.S. File #: 4346-010-002-19200 1361 Old Barrie Road West D13 60570 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-081 be received and adopted. 2. That Minor Variance Application 2022-A-38 by 1928655 Ontario Ltd. specifically to permit an accessory apartment unit with a size of 100.15 square metres (1,078.0 square feet) on lands municipally known as 1361 Old Barrie Road West, be approved, subject to the conditions as outlined in Report DS2022-081 . 3. The conditions are as follows: a) That notwithstanding Section 5.4, the accessory apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Building Permit and Septic Permit 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 1, 2022 Report No. DS2022-081 Page 1 of 11 Page 237 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 39.5 hectares (97.6 acres) and is currently used as a residential and agricultural lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and many accessory/agricultural buildings. The applicant is proposing to renovate the existing dwelling and is seeking relief to the following section of Zoning By-law 97-95: Section 5.4 Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: c)the maximum floor area of the apartment 100.15 square metres dwelling unit is 70.0 square metres (753.5 (1,078.0 square feet) square feet The applicant's site plan and elevation drawing are included as Schedule 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application as the existing dwelling is located in the Rural Settlement Area of Edgar. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing to renovate the interior of an existing dwelling to create an oversized apartment that would be permitted by these policies. Section 1.4 (Housing) requires municipalities to provide an appropriate range and mix of housing options and densities. New housing is to be directed to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. Encouraged are development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. Development Services June 1, 2022 Report No. DS2022-081 Page 2 of 11 Page 238 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.1 supports the achievement of complete communities that feature, among other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing agricultural/residential lot. Planning Staff is of the opinion that this application is conforms with the policies of the A Place to Grow, 2020. County Official Plan The subject lands are designated Settlements and Agricultural by the County of Simcoe's Official Plan. The policies of the Settlements designation is applicable to this application, as the dwelling that is the subject of this application is located within the Edgar Rural Settlement Area. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). The existing dwelling is located in the Settlements designation and the balance of the property is designated Agricultural. Planning Staff have reviewed and determined the Settlements policies are applicable to this minor variance. Section 3.5.7 speaks to settlement areas being the focus of population and employment. Section 3.5.24 discusses intensification targets in settlement areas. The proposed development will help with the 20% target required for the Township of Oro-Medonte. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the Rural Settlement Area of Edgar. Development Services June 1, 2022 Report No. DS2022-081 Page 3 of 11 Page 239 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are within the Rural Settlement Area of Edgar. The existing dwelling is located in the Settlements designation and the balance of the property is designated Agricultural. Planning Staff have reviewed and determined the Settlements policies are applicable to this minor variance. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The existing dwelling is located in the A/RU zone. Single detached dwelling additions and by extension accessory uses to the residential use are permitted in the Zone. Section 5.4 of the Zoning By-law permits an apartment dwelling unit accessory to a single detached dwelling in the A/RU Zone. The primary purpose of the maximum permitted floor area (70 square metres) for an apartment dwelling unit is to ensure that an apartment is the accessory/secondary use to the main dwelling unit. Planning Staff believe that the proposed size will maintain a secondary and subordinate size to the main unit. The main unit is located on the second level with a floor area of 125.28 square metres (1 ,348.5 square feet), and the accessory apartment unit is on the first floor with the proposed floor area of 100.15 square metres (1 ,078.0 square feet) as seen in Schedule 4. The applicant is applying for a minor variance from Section 5.4 Apartment Dwelling Units Accessory to a Single Detached Dwelling. Notwithstanding any other provisions of this By-law, one apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural (A/RU) Zones provided: Development Services June 1, 2022 Report No. DS2022-081 Page 4 of 11 Page 240 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; • The main unit is located on the second level with a floor area of 125.28 square metres (1 ,348.5 square feet) b) the minimum floor area of the apartment dwelling unit is 50 square metres (538 square feet); • both dwelling units meet this requirement c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); • applicant is proposing to increase the apartment dwelling unit to 100.15 square metres (1,078.0 square feet) d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; • both dwelling units have separate entrances and will not be connected on the interior e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. • Both dwelling units are located above grade For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The proposed development is an interior renovation of an existing dwelling, therefore no changes to the appearance from the outside will be done. Upon site visit, Staff has identified that the proposed single detached dwelling is visible from the road, and has sufficient parking space to accommodate two dwelling units on the property. Adding an accessory unit within an existing dwelling, in a settlement area, is appropriate development. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the accessory apartment is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and only doing renovations on the interior of the building. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services June 1, 2022 Report No. DS2022-081 Page 5 of 11 Page 241 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department — Building and Septic permit required Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-38 be approved, specifically, to permit the renovation of an existing dwelling to include an accessory apartment unit with a size of 100.15 square metres (1,078.0 square feet) on lands municipally known as 1361 Old Barrie Road West, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Development Services June 1, 2022 Report No. DS2022-081 Page 6 of 11 Page 242 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services May 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-081 Page 7 of 11 Page 243 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map EdgAr . rp 1i 11 `4 Sk' V Schedule 1 Location --'` Township of Subject Lands �f Proud Heritage,Exciting Future 0 100 rn File Number: 2022-A-38 N I I I I I Development Services June 1, 2022 Report No. DS2022-081 Page 8 of 11 Page 244 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo R• I. R R@ i r Schedule 2 Aerial Photo lbwnship of Q Subject Lands Proud Herrtage,Exciting Future 0 30 M File Number 2022-A-38 N I I I I Development Services June 1, 2022 Report No. DS2022-081 Page 9 of 11 Page 245 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan G �O 5� Schedule 3 Applicant's Site Plan Tnrmshi p o f File Number 2022-A-38 Proud Herifa�r,Exritix,4 Futarrn Development Services June 1, 2022 Report No. DS2022-081 Page 10 of 11 Page 246 of 351 6.i) 6.50 p.m. DS2022-081 , Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Proposed Floor Plan �0 FT o � y o z 0 a s x i 0 0 w m W N 8 �� W WWZ.E m� W L K S� 2W Y P K ! U ! ! rc oil m x �1 � a ' Schedule 4 Applicants Floor Plan Tnumshrp File Number 2022-A-38 O� L'eoud Hrritrr,Qr,Exraiiot,Q Fucarrr Development Services June 1, 2022 Report No. DS2022-081 Page 11 of 11 Page 247 of 351 Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) \�,,ro�o. _moe_s Location: 1361 Old Barrie Road O West co Zoning: Agricultural/Rural (A/RU) o N N O CD Official Plan: Rural Settlement Area of Edgar Current Use: Residential & Agricultural n N 00 (D W T—hip of O. Araard HnilnRr,Ezrifing Ferliirr � n D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) Purpose: The applicant is proposing to create an apartment dwelling unit within o an existing single detached dwelling. The applicant is seeking relief to the 3 following section of Zoning By-law 97-95, as amended: o N O Section 5.4 Apartment Dwelling Units Accessory to a Single Detached Dwelling N N Required: Proposed: CCo c)the maximum floor area of the apartment 100.15 square metres _ dwelling unit is 70.0 square metres (753.5 (1,078.0 square feet) square feet) m v m � v m N � CD CD (D O W Th—hip f `J Praiir(HrrinRe,Ezrifini Ferliirr � n CD D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) Aerial Photo: 0 � �o j L V! O _. O f O of�� CD � v m CD m N � O (p �a Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) Applicant's Site Plan: o 3 0 O N N ,�e s O o0 CD (D� w .-f CD CQ =3 (D � (D N CT � 0 � �— W ToumA of Of 0 Prai�r(HnilnRr,Esrrlinq Ferhirr � W M. w n CD D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) Applicant's Floor Plan: 0 0 co LIVING ROOM "'^ N B11 BEDROOM 2 0 --- ® N ENTRY O 0 KITCHEN OFFICE 00 ® ® LIVING ROOM ROO m JBEDROOMI BEDROOM �. � KITCHEN =3 o HIIIWAY ® C PORCH� � 7BATH M C ea.OFFICE r-f ® DINING SQUARE FOOTAGE ® ,• //..•-- ENTRY y Q —TMENTA�12121 — --- ' _— $pUARE METERS —.NTB 1.11 SOUME METERS m N (D N � O � V1Y/G'es���E%CG(/1GGr/ Pr—d Heritage,Ex W,,g Fufurr O n D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) O 3 - o N O N N O O (D v N East on Old Barrie West on Old Barrie CD N � W Road Road 0. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) I� {+._ 0 O CD iM 0 O N O _! CC) CD w CD Cn N � Existing accessory and agricultural building W T--hip { � Praiir(Hrri�nRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-38 (1928655 Ontario • .�. yc t3i a,• a iA �� � l 41 • -o � • .. CD n (1 y 1 III �x 1l �I� 1l�FR•.1� 1 1 1 1 Notice sign 1 Existing dwelling to have 2 units • 1 • r r • Minor Variance Application 2022-A-38 (1928655 Ontario Ltd.) Recommendation: Approve o It is recommended: 3 1. That Report No. DS2022-081 be received and adopted. 0 0) N 2. That Minor Variance Application 2022-A-38 by 1928655 Ontario Ltd.specifically to permit an accessory apartment unit with a size o of 100.15 square metres(1,078.0 square feet)on lands municipally known as 1361 Old Barrie Road West, be approved,subject N to the conditions as outlined in Report DS2022-081. O 00 3. The conditions are as follows: c) That notwithstanding Section 5.4,the accessory apartment unit shall otherwise comply with all other applicable provisions 0 of the Zoning By-law; 2. d That the proposed accessory apartment unit be substantial) and proportionally in conformity with the dimensions as set p p Y p Y p p Y� Y (D out on the application and sketches submitted and approved by the Committee; e) That the appropriate Zoning Certificate, Building Permit and Septic Permit 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. m 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. � v cQ =3 CD � m N � CT (D co � s 1—hip of / � = / / �ECC(JiLtPi 0 Prair(HnilnRr,Esrrlinq Ferhirr � 0 D 6.j) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-077 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # June 1, 2022 Consent Application 2022-B-19 by Frank Nolte Roll #s: 5789 Line 4 North R.M.S. File #: 4346-020-007-06800 D10- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-077 be received and adopted. 2. That Consent Application 2022-13-19 by Frank Nolte, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of 33.5 metres (110.0 feet) and an area of approximately 0.2 hectares (0.5 acres) to be added to the property located at 5841 Line 4 North, be approved subject to the conditions as outlined in Report DS2022-077. 3. The conditions for Consent Application 2022-13-19 are as follows: a) That the severed lands with an area of approximately 0.2 hectares (0.5 acres) be merged in title with the abutting property to the north, described as Concession 5 West Part Lot 18 Reference Plan 51 R18351 Part 1 (Medonte), municipally known as 5841 Line 4 North, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land Development Services June 1, 2022 Report No. DS2022-077 Page 1 of 13 Page 257 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) 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 which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located on the east side of Line 4 North, half way between Moonstone Road West and Peter Street West. The subject lands contain a single detached dwelling and agricultural building. The property is split in two by the Hydro One corridor. The benefitting lands (5841 Line 4 North) contain a single detached dwelling, accessory building and gazebo. Surrounding land uses predominantly consist of woodlots, including Simcoe County forests to the north and west and agricultural uses (Refer to Schedules 1 and 2). Purpose of Application 2022-B-19: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment. The boundary adjustment will provide the owners of the benefitting lands (5841 Line 4 North) with additional land to build an addition to their existing detached accessory building (garage). Details of the boundary adjustment are noted in the table below: Development Services June 1, 2022 Report No. DS2022-077 Page 2 of 13 Page 258 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Lands to be Severed Lands to be retained Total Merged lands from (5789 Line 4 North) (5841 Line 4 North) 5789 Line 4 North Frontage: 0 m (0 ft.) Approx. 579.1 m Approximately 60.96 (1,900.0 ft.) m (200.0 ft.) Depth: Approximately 33.5 m Approximately 693.4 m Approximately 100.6 (110 ft.) (2,275.0 ft.) m (330.0 ft.) Area: Approximately 0.2 ha Approximately 37.8 ha Approximately 0.6 ha 0.5 ac. 93.5 ac. 1.5 ac. Use: To be merged with the Residential and woodlot Residential existing residential use No new lots are proposed as a result of the boundary adjustment/lot addition. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 2.3 - Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Although the lot has been identified as a prime agricultural area in the Township's Official Plan, the property contains a woodland and is not being used for agricultural purposes. No adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment; however, when the owners of the benefitting lands plans to build the addition to their detached accessory building, an Environmental Impact Study (EIS) may be required if they require relief from the Zoning By-law. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. Section 4.2.6 — Development Services June 1, 2022 Report No. DS2022-077 Page 3 of 13 Page 259 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Agricultural System speaks to protecting prime agricultural area for long-term agricultural use. Although this property is designated Agricultural in the Township's Official Plan, it is not being used for agricultural purposes. The subject lands contain a Provincially Significant Wetland (in the south east corner of the lot which is separated from the main lot by the Hydro One corridor), a pond, watercourses and woodland. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any NVCA comments that may be received. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. County of Simcoe Official Plan The subject lands and the benefitting lands are designated `Greenlands' in accordance with Schedule 5.1 — Land Use Designations of Simcoe County's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the woodlands or the character of the rural area, and the new lot configurations will be large enough to accommodate the current uses. Should the owners of the benefitting lands (5841 Line 4 North) look to build the addition to their detached accessory building, they will require a Minor Variance application based on the size of the building. As part of the Minor Variance application, an Environmental Impact Study may be required as the subject lands are located within the County Greenlands designation. Based on the above, Township Planning Staff are of the opinion that this application conforms to the County of Simcoe Official Plan. Development Services June 1, 2022 Report No. DS2022-077 Page 4 of 13 Page 260 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' with a very small strip of `Environmental Protection One' in "Schedule A— Land Use" of the Township's Official Plan, see Schedule 4 to this report. The Environmental Protection One designation is located in the south east corner of the property and is separated from the main parcel by the Hydro corridor. Both the lands to be severed and the benefitting lands are designated Agricultural. The objectives of the Agricultural designation are: • To maintain and preserve the agricultural resource base of the Township; • To protect land suitable for agricultural production from development and land uses unrelated to agriculture; • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 230). Although the property is designated Agricultural, it is not an active farm. The primary use of the lot is a woodlot with a residential use. Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Agricultural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lots are proposed and the proposed boundary adjustment will not affect the viability of the current uses or have any meaningful negative impact on the agricultural potential of the lands. Therefore, Planning Staff are of the opinion that this application conforms to the Township of Oro-Medonte Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in accordance with the Township's Zoning By-law 97-95, as amended, see Development Services June 1, 2022 Report No. DS2022-077 Page 5 of 13 Page 261 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Schedule 5 to this report. The areas zoned Environmental Protection serve as buffers around watercourses. The benefitting lands (5841 Line 4 North) and the lands to be severed and merged are entirely zoned Agricultural/Rural (A/RU). Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 0.4 hectares (0.99 acres) for a single detached dwelling and Table 134-13 requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this boundary adjustment, would comply with the lot frontage and lot area provisions of the Zoning By-law. The purpose of the boundary adjustment is for the owner of the benefitting parcel (5841 Line 4 North) to build an addition to the existing detached accessory building. Based on the MPAC records, the existing accessory building is 183.9 square metres (1 ,980 square feet), which is over the maximum permitted size of 100.0 square metres (1 ,076.4 square feet); therefore, the owners will be required to obtain a Minor Variance prior to building the addition. Although the property is zoned A/RU, the building cannot be classified as an agricultural building as the total merged lands do not meet the minimum lot size of 2.0 hectares (4.9 acres) for an agricultural use. As part of the Minor Variance application, an Environmental Impact Study may be required the ensure that the addition will not have an adverse impact on the woodland. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services June 1, 2022 Report No. DS2022-077 Page 6 of 13 Page 262 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. • Township Building Division — No comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Township Official Plan — Land Use Schedule 5: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-19 for the purposed boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Development Services June 1, 2022 Report No. DS2022-077 Page 7 of 13 Page 263 of 351 6.j) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Approvals: Date: Derek Witlib, Manager Planning Services May 27, 2022 Andria Leigh, Deputy CAO/Director Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-077 Page 8 of 13 Page 264 of 351 6.j) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map N r� 44 Development Services June 1, 2022 Report No. DS2022-077 Page 9 of 13 Page 265 of 351 6.j) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo _ • r � 4 ' t p _s w Development Services June 1, 2022 Report No. DS2022-077 Page 10 of 13 Page 266 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Proposed Boundary Adjustment Z Retained lands (5789 Line 4 North) :f� a-• Lands to be severed from 5789 Line 4 North and merged -� with 5841 Line 4 North 04 a4.� c Benet'itting lands (5841 Line 4 North) w x r ry Yid `0 _ -PA fh OE r6 i9 �-yp�'f ��-� S J* x� it iL it Development Services June 1, 2022 Report No. DS2022-077 Page 11 of 13 Page 267 of 351 6J) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Township Official Plan — Land Use r Y' _J ,agricultural Major Open Space ■ Environmental Protection One Rural Development Services June 1, 2022 Report No. DS2022-077 Page 12 of 13 Page 268 of 351 6.j) 7.00 p.m. DS2022-077, Catherine McCarroll, Intermediate Planner re-... Schedule 5: Existing Zoning r• 1 i s ' • Jr A/RU- Agricultural/Rural EP- Environmental Protection OS: Open Space Development Services June 1, 2022 Report No. DS2022-077 Page 13 of 13 Page 269 of 351 Consent Application 2022-B-19 (Nolte) Location: 5789 Line 4 North o Y Zoning: Agricultural/Rural (A/RU) & o Environmental Protection (EP) o N V' 0 Official Plan: Agricultural & Environmental Protection One v CD Current Use: Residential & woodlot CD n n v v — N v � O Q CD Pr-d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-19 (Nolte) Purpose: The applicant is requesting consent to sever and merge lands for the o purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands 0 from (5789 Line 4 North) (5841 Line 4 North) N 5789 Line 4 North N Frontage: 0 m (0 ft.) Approx. 579.1 m Approximately 60.96 m o (1,900.0 ft.) (200.0 ft.) Depth: Approximately 33.5 m Approximately 693.4 m Approximately 100.6 m n (110 ft.) (2,275.0 ft.) (330.0 ft.) v Area: Approximately 0.2 ha Approximately 37.8 ha Approximately 0.6 ha (1.5 m M. (0.5 ac.) (93.5 ac.) ac.) Use: To be merged with the Residential and woodlot Residential m existing residential use n v v No new lots are proposed as a result of the boundary adjustment/lot addition. m =3 N v CD o 3 Pra d Hrriingr,E-iiing Ferliirr CD CD Consent Application 2022-B-19 (Nolte) Aerial Photo: y _ - 0 *. 0 0 n • v m =' m n n f v 'y O v m =3 N CD v � N Q CD Arard Heritage,Exciting Fw- CD CD Consent Application 2022-B-19 (Nolte) Township Official Plan o Land Use: 0 CD N O N N O v Q v n �n Agricultural Major Open Space O m ■ Environmental Protection One N CID J Rural 3 w I CID Praiir(Hrri�nRr,Ezrifing Ferliirr CID Consent Application 2 0 2 2-B-] 9 (Nolte) e . M Existing Zoning: - » \ k , z CD a q / ® / .: / CD \\ / § ƒ / A/Re Agricultural/Rural / / Em Environmental Pr @e[o� n y ] \ O& Open Space a �� CD O F R m � E =3 =3 m a Consent Application 2022-13-19 (Nolte) 0 Applicant's Proposedhelailed lands 0 Boundary Adjustment: as h��ve�tl,rom CD IQ 0 5799 Lim 4 Norm and merged 0 CD =3 CD of iP 0 0 CD QI CD OtT Pr—d Hritg,,EaeW,,g Future CD =3 =3 CD Consent Application 2022-B-19 (Nolte) CD i i i sr: " N N O v CD - m v � o Looking North along Line 4 North Looking South along Line 4 North N v CD (D Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-19 (Nolte) y � O �"• .,y V! N O N O v v n * (D � ^lyk f ♦V CD �+_,,►. "ram �. ,�X `�F'��iF :•F" � Public notice sign posted CD Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-19 (Nolte) O s a O t 2 i 7 CD O O .-f CD =. CD — 0 v N Existing dwelling on the retainedCD CO CD lands , M A � s Q Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-19 (Nolte) F o -. ' 3 V A, 0 - O I - - (D (D =: .".a � O Existing accessory building on the Existing dwelling on the benefitting benefitting lands lands (5841 Line 4 North) CD 3 o CD r u„uh;n I Praiir(HrrinRr,Ezrifing Ferli,rr CD CD Consent Application 2022-B-19 (Nolte) CD A f 1 ia*ti - 6 y O (D =. (D n v O v N Existing gazebo and tent on theCD CD benefitting lands g{ _ Q Tow�hip of iY�G"c12 2tPi I Pr—d Heril�gr,Ea W,,g Pufurz CD CD Consent Application 2022-B-19 (Nolte) (n Ov .- fi N O f N CD 0 c 0 Lands to be severed and merged CD with 5841 Line 4 North CD o �{ems Q Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-19 (Nolte) Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2022-077 be received and adopted. 0 N 2. That Consent Application 2022-B-19 by Frank Nolte,to permit a boundary adjustment having a lot frontage of 0 metres(0 feet),a O lot depth of 33.5 metres(110.0 feet)and an area of approximately 0.2 hectares(0.5 acres)to be added to the property located at N 5841 Line 4 North,be approved subject to the conditions as outlined in Report DS2022-077. 0 v v 3. The conditions for Consent Application 2022-B-19 are as follows: a) That the severed lands with an area of approximately 0.2 hectares(0.5 acres)be merged in title with the abutting property v to the north,described as Concession 5 West Part Lot 18 Reference Plan 51 R18351 Part 1 (Medonte),municipally known as 5841 Line 4 North,and that the provisions of Sections 50(3)and 50(5)of the Planning Act apply to any subsequent N conveyance of,or other transaction involving,the identical subject parcel of land. Therefore,once the subject parcel of =' land has been conveyed to the owner of the abutting parcel,the subject parcel and the said abutting parcel shall merge in CD title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1)implement the conveyance and merger;2)consolidate the severed 0 and benefitting parcels to one Property Identification Number;and 3)alter the benefitting parcel, if it was created pursuant v to Sections 50 or 53 of the Planning Act,so that it is not the identical parcel of land. 0 b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12)of the Planning Act, R.S.O. — 1990,c. P.13 to facilitate merger with the severed parcel,the owner convey a parcel of land dimensioned to the m satisfaction of the Director, Operations and Community Services,that said parcel be deeded gratuitously to the Township w for road purposes;that said parcel be conveyed free and clear of any mortgages,liens or encumbrances,or be otherwise CD N satisfactory to the Township;and that all costs associated with the dedication be born the Owner. Alternatively,the 3 o applicant can apply for the issuance of a Certificate of Cancellation. CD co Q /9 Toumship of ����� CD Prair(HnilnRr,Esrrlinq Ferhirr CD CD Consent Application 2022-B-19 (Nolte) Recommendation (cont'd): Approve o c) That all municipal taxes be paid to the Township of Oro-Medonte. P d) 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 which conforms substantially with the application as submitted. 0 e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the co Municipality. 0 f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42)of the Planning Act R.S.O. 1990,to merge the ry parcels. o g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of v decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within v the above-noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to lapse and render this Decision null and void. m (D 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. n n v o cc CD � N 00 � Cl) 3 0 CD r 'Q Toumship of 53, CD Prair(HnilnRr,Esrrlinq Ferhirr CD 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-078 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # June 1, 2022 Consent Application 2022-B-21 by Dianne Mawdsley Roll #: 225 Line 13 South R.M.S. File #: 4346-010-012-01700 D10-60566 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-078 be received and adopted. 2. That Consent Application 2022-13-21 by Dianne Mawdsley, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of 65.0 metres (213.3 feet) and an area of approximately 1.5 hectares (3.7 acres) to be added to the property located at 325 Line 13 South, be approved subject to the conditions as outlined in Report DS2022-078. 3. The conditions for Consent Application 2022-13-21 are as follows: a) That the applicant supplies the Township with written confirmation, prepared by an Ontario Land Surveyor, that the existing agricultural building will comply with the minimum required rear yard setback of 15.0 metres following the boundary adjustment; b) That the severed lands with an area of approximately 1.5 hectares (3.7 acres) be merged in title with the abutting property to the south west, described as Concession 14 West Part Lot 19 (Oro), municipally known as 325 Line 13 South, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. Development Services June 1, 2022 Report No. DS2022-078 Page 1 of 15 Page 284 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... c) That all municipal taxes be paid to the Township of Oro-Medonte. d) 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 which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located on the east side of Line 13 South, north of Ridge Road East. The subject lands contain an agricultural building which are on the lands proposed to be severed and merged with 325 Line 13 South. The benefitting lands (325 Line 13 South) contain a single detached dwelling. Surrounding land uses predominantly consist of agricultural uses to the north and west, and woodlands to the east and south (Refer to Schedules 1 and 2). Purpose of Application 2022-B-21: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from (225 Line 13 South) (325 Line 13 South) 225 Line 13 South Frontage: 0 m (0 ft.) Approx. 385.97 m Approximately 232.9 m 1,266.29 ft. 764.0 ft. Depth: Approximately 65.0 m Approximately 700.2 m Approximately 132.1 m 213.3 ft. 2,297.24 ft. 433.3 ft. Area: Approximately 1 .5 ha Approximately 39.8 ha Approximately 3.1 ha 3.7 ac. 98.5 ac. 7.6 ac. Use: Storage building Agricultural and woodlot Residential No new lots are proposed as a result of the boundary adjustment/lot addition. Development Services June 1, 2022 Report No. DS2022-078 Page 2 of 15 Page 285 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 —Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Planning Staff are satisfied that this application can be classified as a minor boundary adjustment as the lands to be severed and merged are small in size and not in agricultural production. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas and Section 4.2.6 —Agricultural System are applicable to this application. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting these areas for long-term agricultural use. Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas and Agricultural System policies in the Growth Plan as the proposed boundary adjustments do not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Development Services June 1, 2022 Report No. DS2022-078 Page 3 of 15 Page 286 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Protection Plan (LSPP) The Lake Simcoe Protection Plan (LSPP) does not contain policies that relate to boundary adjustments; however, portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of: a watercourse that runs through the benefitting lands; an unevaluated wetland located in the middle of the woodland on the subject lands; and, a Provincially Significant Wetland located to the south of the subject lands. The LSRCA was circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any LSRCA comments that may be received. County of Simcoe Official Plan The subject lands are designated `Agricultural', `Rural' and `Greenlands' in accordance with the County of Simcoe Official Plan and the benefitting lands (325 Line 13 South) are designated `Agricultural' and `Greenlands' as illustrated on Schedule 4 to this report. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the agricultural lands, and the new lot configurations will be large enough to accommodate the current uses. Therefore, Township Planning Staff are of the opinion that this application conforms to the County of Simcoe Official Plan. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Rural', `Agricultural' and `Environmental Protection Two' in "Schedule A — Land Use" of the Township's Official Plan, see Schedule 5 to this report. The Environmental Protection Two overlay designation applies to components of the natural heritage system that are not included within the Environmental Protection One designation and not within the Oro Moraine Planning Area. A large portion of the subject lands and the benefitting lands are designated Environmental Protection Two due to the presence of significant woodlands as illustrated on Schedule 6. The objectives of the Environmental Protection Two designation are: • To protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; • To maintain and enhance the ecological integrity of the natural heritage system; and, Development Services June 1, 2022 Report No. DS2022-078 Page 4 of 15 Page 287 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... • To protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The Environmental Protection Two designation restricts development on and adjacent to natural heritage features; however, as indicated in preceding sections of this report, the proposed boundary adjustment does not represent development. The objectives of the Rural designation are: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The objectives of the Agricultural designation are: • To maintain and preserve the agricultural resource base of the Township; • To protect land suitable for agricultural production from development and land uses unrelated to agriculture; • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. The Rural and Agricultural sections are silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 230). Based on the aerial imagery, approximately 6.2 hectares (15.3 acres) of the subject lands are being farmed. The remainder of the lands, including the portion to be severed and merged, contains a significant woodland. Therefore, Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Rural and Agricultural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current uses. Based on the above, Planning Staff are of the opinion that this application conforms to the Township of Oro-Medonte Official Plan. Development Services June 1, 2022 Report No. DS2022-078 Page 5 of 15 Page 288 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands and the benefitting lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in accordance with the Township's Zoning By-law 97-95, as amended, see Schedule 7 to this report. The Environmental Protection Zone serves as a buffer around a watercourse that runs through the south end of the benefitting lands. The lands proposed to be severed and merged contain an agricultural building. The total merged lands, with a proposed lot area of 3.1 hectares (7.6 acres), will be large enough to support the agricultural building as Table B4-A of the Township's Zoning By- law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this boundary adjustment, would comply with the lot frontage and lot area provisions of the Zoning By-law. The minimum rear yard setback for an agricultural building is 15.0 metres (49.2 feet). The Planning Justification Report (PJR) indicates that the proposed rear yard setback for the existing agricultural building is 15.0 metres (49.2 feet). Since the proposed rear yard setback is right at the minimum, Planning Staff have added as a condition of consent that the applicant obtains surveyor confirmation that the existing agricultural building is located no closer than 15.0 metres (49.2 feet) from the new rear lot line. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Development Services June 1, 2022 Report No. DS2022-078 Page 6 of 15 Page 289 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — no objection Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Official Plan — Natural Features Schedule 7: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-21 for the purpose of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Development Services June 1, 2022 Report No. DS2022-078 Page 7 of 15 Page 290 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Approvals: Date: Derek Witlib, Manager Planning Services May 27, 2022 Andria Leigh, Deputy CAO/Director Development Services May 27, 2022 Development Services June 1, 2022 Report No. DS2022-078 Page 8 of 15 Page 291 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map w ,r Development Services June 1, 2022 Report No. DS2022-078 Page 9 of 15 Page 292 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo Ac r 1MRAT-a xr s P s . �a - ��e Development Services June 1, 2022 Report No. DS2022-078 Page 10 of 15 Page 293 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Proposed Boundary Adjustment Existing Lot Fabric 5 226 Urm 1 u 32$Lin!13 ;fi4i�h it ,& Lands to be severed from 225 Line 13 South and merged with 325 Line 13 South -urr•pd a reps b r s Development Services June 1, 2022 Report No. DS2022-078 Page 11 of 15 Page 294 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 4: County Official Plan — Land Use Agricultural Greenlands . Rural Development Services June 1, 2022 Report No. DS2022-078 Page 12 of 15 Page 295 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Township Official Plan — Land Use `r J� .4 ;C 1 Agricultural Ll Rural Environmental Protection One Environmental Protection Two Development Services June 1, 2022 Report No. DS2022-078 Page 13 of 15 Page 296 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re-... Schedule 6: Township Official Plan — Natural Features : Aft } r is e 7 Environmental Protection Two Significant Woodlands Provincially Significant Wetlands Watercourses Development Services June 1, 2022 Report No. DS2022-078 Page 14 of 15 Page 297 of 351 6.k) 7.10 p.m. DS2022-078, Catherine McCarroll, Intermediate Planner re:... Schedule 7: Existing Zoning alRU r /R lel r y'A E EP A/RU: Agricultural/Rural EP: Environmental Protection Development Services June 1, 2022 Report No. DS2022-078 Page 15 of 15 Page 298 of 351 Consent Application 2022-B-21 (Mawdsley) Location: 225 Line 13 South o Zoning: Agricultural/Rural (A/RU) & o Environmental Protection (EP) o N N O Official Plan: Rural, Agricultural & Environmental Protection Two v Current Use: Agricultural and woodlot v � o v N O (p 'Q 011 of Pra d HrHli gr,E-iimg Ferliirr Consent Application 2022-B-21 (Mawdsley) Purpose: The applicant is requesting consent to sever and merge lands for the o purpose of a boundary adjustment as noted below, as amended: Lands to be Severed Lands to be retained Total Merged lands o from (225 Line 13 South) (325 Line 13 South) o 225 Line 13 South ry Frontage: 0 m (0 ft.) Approx. 385.97 m Approximately 232.9 m of (1,266.29 ft.) (764.0 ft.) O0 Depth: Approximately 65.0 m Approximately 700.2 m Approximately 132.1 m v (213.3 ft.) (2,297.24 ft.) (433.3 ft.) Area: Approximately 1.5 ha Approximately 39.8 ha Approximately 3.1 ha (7.6 (3.7 ac.) (98.5 ac.) ac.) m Use: Storage building Agricultural and Residential 0 woodlot n v 2- No new lots are proposed as a result of the boundary adjustment/lot addition. w m o o 3 o (D / Township of � Pra d Hrriingr,E-iiing Ferliirr Consent Application 2022-B-21 (Mawdsley) Aerial Photo: '. CD y / a CC) (D CL (D n v v � — cQ — m o � Township {� _� �s C Pr—d Heritage,Exciting Fulurr Consent Application 2022-B-21 (Mawdsley) County of Simcoe Official Plan o Land Use: P 0 CD N O N N O v O n v (D (D n n v O_ v Agricultural _ m =3 ca Greenlands O N . Rural T—hip of ��rrac�o�tt� Araard HnilnRr,Ezrifing Ferliirr Consent Application 2022-6-21 (Mawdsley) Township Official Plan o Land Use: 3 0 CD N O � N O O n (D n n Agricultural v Rural \ o cc `cD, Environmental Protection One m O o Environmental Protection Two 3 W s q Township I � _�_ /Yk/isl� 7,�Pi P-4 Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) Township Official Plan Natural Features: Environmental Protection Two v Significant Woodlands F� Provincially Significant Wetlands o o Watercourses �� T—hip of Prair(HnilnRr,Esrrlinq Ferhirr Consent Application 2022-B-21 (Mawdsley) Existing Zoning: V . r Q 1 CD N . O v v (D y =3 y� (D n EP 0 (D =3 w A/RU: Agricultural/Rural (D EP: Environmental Protection �, m 0 Toumship Prai�r(HnilnRr,Esrrlinq Ferhirr Consent Application 2022-13-21 (Mawdsley) Applicant's Proposed o Boundary Adjustment: P o CD N O N N O v O n 328 Llnr 4 ugh � (D (D i n v a�a Lin. oum+ � O_ >v (D =3 ((DD O -% rn �/YJr/'isl��E'CCCJfZt(% � Pr—d Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) . n CD i N O I i;e v r ' v � O Looking North along Line 13 South Looking South along Line 13 South w o 3 Pr—d Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) CD r ?v reed O O - O '9 n n O r (pCO (D 0 Notice sign posted Pr—d Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) -------------- ✓v i _ �II� v IJ IY4' Agricultural building on the lands to Lands to be severed and merged be severed and merged with 325 CD 3 Line 13 South m o � � T-hip y .., Pr-d Hn img,,E-iiinq Feehnr Consent Application 2022-B-21 (Mawdsley) CD ' O a v Existing dwelling on the benefitting lands 325 Line 13 South 3 Pr—d Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) .w 0 CD N O N W O � n v 0 Lands to be retained W �(D (�fYJr/'is���E'CCCJ/ZZ(% Pr—d Heritage,Exciting Fufurr Consent Application 2022-B-21 (Mawdsley) Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2022-078 be received and adopted. 0 N 2. That Consent Application 2022-B-21 by Dianne Mawdsley,to permit a boundary adjustment having a lot frontage of 0 metres(0 feet), a lot depth of 65.0 metres(213.3 feet)and an area of approximately 1.5 hectares(3.7 acres)to be added to the property N located at 325 Line 13 South, be approved subject to the conditions as outlined in Report DS2022-078. 0 v 90 3. The conditions for Consent Application 2022-B-21 are as follows: v a) That the applicant supplies the Township with written confirmation, prepared by an Ontario Land Surveyor, that the existing agricultural building will comply with the minimum required rear yard setback of 15.0 metres following the m boundary adjustment; = b) That the severed lands with an area of approximately 1.5 hectares(3.7 acres)be merged in title with the abutting property m to the south west,described as Concession 14 West Part Lot 19(Oro), municipally known as 325 Line 13 South, and that the provisions of Sections 50(3)and 50(5)of the Planning Act apply to any subsequent conveyance of, or other 0 transaction involving,the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to v the owner of the abutting parcel,the subject parcel and the said abutting parcel shall merge in title and become one parcel p v of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps — CD will be taken to: 1)implement the conveyance and merger;2)consolidate the severed and benefitting parcels to one � Property Identification Number; and 3)alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the m ry Planning Act, so that it is not the identical parcel of land. � ICD /�]Toumship of ����� Prair(HnilnRr,Esrrlinq Ferhirr CD Consent Application 2022-B-21 (Mawdsley) Recommendation (cont'd): Approve o c) That all municipal taxes be paid to the Township of Oro-Medonte. P d) 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 which conforms substantially with the application as submitted. 0 e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the co Municipality. 0 f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42)of the Planning Act R.S.O. 1990,to merge the ry parcels. O g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of 0 decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years n from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within v the above-noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the m application to lapse and render this Decision null and void. m 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. n n v o cc CD � w (p w 3 o fQ Toumship53, of CD Prair(HnilnRr,Esrrlinq Ferhirr CD rn , •-.it iy ✓ 0 al. N O k 014 0 w (p O • • • • • PLANNING 6c 3 MORGAN DEVELOPMENT It-a. CD Cn CD _ O g � �w O 3 i Cl) Jh tJ' N O N ryScPrtr,�'S�- N .� O Garthew Bay o0 ate � CD CD � o v m =3 w (p Cn 3 0 m Q v� Location of • ect Landsm v m m Subject properties are located on the east side of Line 13 South, approximately 700 metres east of Highway 11 . 3 325 Line 13 South has approximately 230 metres o of frontage onto Line 13 South, and an N approximate lot area of 15,400m2 (1 .54 Description of hectares/3.82 acres). The property is developed 90 with a single detached dwelling which the owner v Landscurrently resides in. CD CD • 225 Line 13 South has approximately 385 metres 0 of frontage onto Line 13 South, and an M approximate lot area of 413,500m2 W (41 .3ha/102ac). The property has one accessory structure on the property which is used for person oil storage of the family's belongings. CD v v CD rn O 3 0 CD N O N N 225 Line13 South O n CD M. CD 0 n w O !Q 325 Line 13 South _ (D D W_ CD v 3 O CD W � CD Aerial Image of • South MORGAN DEV ELOPMENI�NC. V 3 m CD m� /A Accessory building on O 225 Line 13 south Cl) r, N O CD Detached dwelling on 325 Line 13 south n n o cc m =3 w 3 o CO cn v Aerial Image of Property and Surrounding Uses MORGAN DEVEL❑Z N�71 NC. m m rn The purpose of the Consent Application is to sever approximately 15,000m2 (1.5ha/3.7ac) parcel of land from 225 Line 13 South ("the 0 grantor"), and add it to the rural-residential lot located at 325 Line 13 3 South ("the grantee") o CD The purpose of the boundary adjustment is to consolidate all of the o structures within one parcel of land, being 325 Line 13 South N 0 Purpose of No further lot creation will occur as a result of the proposed boundary 90 adjustment v Application The proposed boundary adjustment will increase the lot size of 325 Lire@ 13 South to 30,400m2 (3.04ha/7.52ac), while keeping the lot frontage m the same n n The proposed boundary adjustment will decrease the lot size of 225 Line 13 South to 385,500m2 (39.85ha/98.3ac), while keeping the lot frontage the same w (p o The land use of both properties will continue as it is currently, rural 3 CD CO residential and agricultural Cn v m m Township of Oro-Medonte Township of Oro-Medonte Zoning By-law (97-95) Official Plan (2010) Agricultural/Rural (A/RU) (Agricultural, Environmental Protection Two, Rural' 3 0 CD N O _.F!i N Agricultural N O v 00 'F` Environmental Protection 72ao (D =. (D n F F„ ! Rural O !!! !• _CP EF( tF pii !!• •! •■ V (D r N N O 3 OCD W � (D oE�E�o M N MORGAN ��. (D m Standards for Agricultural Uses (Agricultural/Rural Zone) 225 Line 13 South Agricultural/Rural Zane ZBL Provisions Proposed agricultural lot o 225 Line 13 South P Minim urn lot size 2.0 ha 40 ha o Minimum lot frontage 45.0 m 385.0 m CD N O N N Standards for Single Detached Dwellings (Agricultural/Rural Zone) o 325 Line 13 South O0 Agricultural/Rural Zone ZBL Provisions Proposed residential lot v 325 Line 13 South m Minimum lot size 0.4 ha 2.8 ha m Minimum lot frontage 43.0 m 230.0 m Minimum sethackfrom interior 15.0 m 50.0m n v lot line Barn 2- Minim um setback from rear lot 15.0 m 15.0m N line (Barn) m 3 o m W � v CD v CD m 4 +1 7 11 ., 1. Image of Existing Lot Fabric and Proposed Lot Fabric Planning Policy - Provincial Policy Statement 0 The PPS provides policy direction on matters of provincial interest u—rl,—/FPS o related to land use planning and development. The most directly N applicable policy areas affecting the application are Section 2.3.4. Provincial Policy (Lot Creation and Lot Adjustments) Statement, 2020 0 Section 2.3.4.2 states that `Lot adjustments in prime agricultural Under the PfanNngAct O0 areas may be permitted for legal or technical reasons'. Legal or v Technical Reasons within the PPS is defined as `severances for the purposes such as easements, corrections of deeds, quit claims, `%. and minor boundary adjustments, which do not result in the CD creation of a new lot'. n MP&D is of the opinion that the Consent Application for the v oundary adjustment is consistent with the Provincial Policy o_ Statement. N N w F 3 O_ (D W � CT � (D oE�E�o M N MORGAN ��. (D m Planning Policy — Growth Plan 0 The proposed boundary adjustment does not represent o `development' as defined by the Growth Plan. The boundary o adjustment will not provide any increased development potential to N either lot, it will simply reconfigure the shape of the two existing lots. Place to Grow o The boundary adjustment will not impact the environmental Towth Plan for the - 90 protection lands on the properties. 2af2r G0tden Horsesno ` ce Consolidation 2020 n[ario.ca/growthplanning � MP&D is of the opinion that the Consent Application for the ; boundary adjustment conforms to the vision and the guiding � principles of the Growth Plan for the Greater Golden Horseshoe. v t . v N • Y ((DD 3 O_ (D W Q CT � (D MORGAN oE'VE"Lo M,� (D m Planning Policy — County of Simcoe 0 The subject property is designated as 'Agricultural', 'Rural' and `Greenland' in the County Official Plan Section 3.3.5 states that `consents for the purposes of legal and technical reasons and consolidation of land ' holdings may be permitted but shall not be for the purpose of creating new lots' The purpose of this application is to consolidate all ut,,Oro-Medunte structures and buildings onto one parcel of land There will be no increase in the number of lots from what currently exists MP&D is of the opinion that the Consent 3.0 Line 13 nrMedonle Application for the boundary adjustment conforms to the vision and the guiding principles of the r County of Simcoe Official Plan o � W � v m MORGAN m m Planning Policy — Township of Oro-Medonte Official Plan 0 Subject properties have a split designation of `Agricultural', o `Environmental Protection Two' and `Rural' TOWNSHIP OFORO-MEDONTE CD N O Section D2.2.2 states `A consent may be permitted for the N purpose of modifying lot boundaries, provided no new building lot — o is created.' o The proposed boundary adjustment would not result in the v creation of any new lots, and no additional physical development CID is proposed M. m The proposed boundary adjustment does not pose any impact o OFFICIAL PLAN the existing Environmental Protection designation on the subject n lands MP&D is of the opinion that the Consent Application for the ameEdm17i..C„.VIid d „y; o 1PI. mdced—.1 boundary adjustment conforms to the vision and the guiding Muoioipa1Ba principles of the Township of Tiny Official Plan ° o m W � v (D MORGAN D-Lo M—� a) m m rn The application conforms to the intents and policies of the Townsffip of Oro-Medonte Official Plan (2010), the County of Simcoe Offici o Plan, the Provincial Policy Statement (2020) and A Place to Grow• The Growth Plan for the Greater Golden Horseshoe (2020) 0 CD The proposed consent application for the boundary adjustment N would result in an approximate 1 .5 hectare parcel of land being o Concludingsevered from 225 Line 13 South, and added onto the residential o lands at 325 Line 13 South, resulting in the consolidation of all v Remarks structures and buildings onto one parcel of land The consent application does not result in the creation of any nel lots, and would not have an impact on existing environmentally 00 protected lands on both the retained and benefiting lands o v - The proposed consent application for the boundary adjustment wi_9 not increase the development potential of either the grantor or thE§ grantee, rather the existing condition of both lots would remain. v m v m m rn O 3 0 CD N O MORGANDEVELOPMENTPLANNING & INC . WOOF P v m m n n v o v m =3 NL CD you. 3 O W � CD (D (D (D 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... township of Report ,O� f_qlAe,- Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-079 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # June 1, 2022 OLT Hearing Representation Roll #: Minor Variance Application R.M.S. File #: 4346-010-012-09600 2021-A-76 (Masalova) D13 60116 2239 Lakeshore Road East Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-079 be received and adopted. 2. That staff proceed with Option #2 as outlined in this report in preparation for the Ontario Land Tribunal (OLT) hearing scheduled for June 21, 2022. 3. That the parties be advised of Council's decision under the Deputy CAO/Director, Development Services signature. Background: On February 2, 2022 Development Services Committee approved Minor Variance Application 2021-A-76 by Julia Masalova, specifically to permit the construction of a single detached dwelling addition with a reduced front yard setback to 4.23 metres (13.87 feet) and a reduced interior side yard setback to 1 .27 metres (4.16 feet) on lands municipally known as 2239 Lakeshore Road East. The subject lands are located at 2239 Lakeshore Road East and currently support a 1- storey, single detached dwelling and boathouse. Surrounding land uses consist of single detached residential uses. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The applicant's site plan and elevation drawings are attached as Schedules 3 and 4 to this report. The subject property is designated Shoreline in the Township's Official Plan and zoned Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended. Development Services June 1, 2022 Report No. DS2022-079 Page 1 of 9 Page 329 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... The Committee received two Planning Staff reports (DS2021-188 & DS 2022-017) for the Minor Variance application that provided a planning analysis of the application and review of the policies and tests as required by the Planning Act. The Development Services Committee adopted a motion to approve Minor Variance Application 2021-A-76 at their February 2, 2022 meeting. Notice of Decision was provided in accordance with the Planning Act. An appeal to the Committee's decision was received on February 22, 2022. Planning Staff forwarded the appeal to the Ontario Land Tribunal (OLT) and the OLT has acknowledged receipt of the appeal and has scheduled a hearing for June 21, 2022 (Schedule 5). In order to prepare appropriately for the OLT hearing, direction from Council is required and is the purpose of this report. Analysis: Given that staff determined in their report that the Minor Variance application conformed to all applicable Planning policies, and met the four tests of the Planning Act and this was supported in the Development Services Committee decision, direction from Council is now required to determine the support to be provided by the Township at the scheduled OLT hearing. The Township has the following options: (1) Provide representation (Planning staff and Township solicitor) to support the Committee's decision to approve the minor variance application; (2) Not provide representation to support the Committee's decision. Option #1 would require the Township solicitor and Planning staff to uphold the decision of the Committee that approved the minor variance application that was also the recommendation of the staff reports (DS2021-188 & DS2022-017). Planning Staff would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in accordance with the Committee's decision and the Staff Report. The cost for this option are discussed further below. In Option #2, the Township would not provide any representation at the OLT hearing to defend the Committee's decision. With this option, the applicant and appellant would each present their case at the hearing on the merits of the Committee's approval and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to approve the application. In either option, the applicant and appellant are required to provide their own representation, at their cost, to support their respective positions at the OLT hearing. Development Services June 1, 2022 Report No. DS2022-079 Page 2 of 9 Page 330 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with the Township solicitor's time to prepare and then attend the one day OLT hearing and also the indirect costs for Township Planning staff to prepare for and attend the one day OLT hearing. Option #2 would not include financial costs to the Township other than the staff time to attend and observe at the hearing with no evidence being presented by the Township. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation and Floor Plan Schedule 5: OLT Notice of Hearing Development Services June 1, 2022 Report No. DS2022-079 Page 3 of 9 Page 331 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Conclusion: The decision of the Development Services Committee was to approve the Minor Variance application consistent with the staff recommendation; however the decision was appealed to the OLT. On this basis, direction from Council is required regarding representation to be provided by the Township at the scheduled June 21, 2022 OLT hearing. It is staff's recommendation that Council should proceed with Option #2 as outlined in this report. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services May 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services May 26, 2022 Development Services June 1, 2022 Report No. DS2022-079 Page 4 of 9 Page 332 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Schedule 1: Location Map ..) d7 atonl1RA2 . No—h�,—v 16V,d. �I r 385 2256 2260 2262 22682254 2258 2248 2252 2240 2242 2246 2250 2224 2228 2238 2220 2232 2236 2259 2226 2255 2261 2265 2218 2216 2230 2234 S�Oge�d•�' 2251 2222 Lake 2247 2253 2257 2259 2241 2245 2249 2231 2227 2243 2221 2235 2237 2217 2233 2223 2229 2219 2225 2215 Lake 5imcoe Schedule 1 Location (w S,; ®Subject Lands ; f Proud HFriGa,�e,Exciting Future 0 100 M File Number.2021-A-76 Development Services June 1, 2022 Report No. DS2022-079 Page 5 of 9 Page 333 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Schedule 2: Aerial Photo JaIlk- hp5e ou -:w_ 4aKes ' 4 N i v i S'- L d Sri-aee�?9'_ , - i i •.s` r Schedule 2 Aerial Photo Twu liipof ®Subject Lands Proud Heritage,Exciting Future 0 20 m File Number.2021-A-76 1 1 1 1 1 Development Services June 1, 2022 Report No. DS2022-079 Page 6 of 9 Page 334 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT) Schedule 3: Applicants Proposed Site Plan la,z -x 'j- q 41 �9 0 T % �A LY Vw1Vr ASPHALT ---------- U TL —Ak, 1—STOREY BRICK SIDED DWELLING T.B. -0 14 a%- 191 OT > TO FOUNDATION fro N PROPOSED TWO STC 0.50 ---------------- -- S.F D 0 t: x iy-10%'142341 0.) P C D DECK SSIS WOOD I ON LINE WT) I ED I L01 % 0 (10 E T. I V yr. CE ON CV N50-25'25"W L N HEE D E F CE CL HEDGE ON HE 0.1 w (PI&SET) CIL HEDGE 1± Nw SDSTOREY DEL BRICK Schedule 3 Applicant's Site Plan He Number 2021-A-76 Pr(,Yfd Herif(Ae,Excifing Future Development Services June 1, 2022 Report No. DS2022-079 Page 7 of 9 Page 335 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Schedule 4: Applicants Elevation Drawings r------------------- i---- ! i ! ..... ..... I r.__--. i II I j !i I I III III ii i i I I §� I ! 44 I I ;.a I ji lilt ! �I I w ! le 9 l�-le itI N c w Z s� iLL Schedule 4 Applicant's Elevations 0R� File Number 2021-A-76 Proud Heritage,Exeitinq Future Development Services June 1, 2022 Report No. DS2022-079 Page 8 of 9 Page 336 of 351 7.a) DS2022-079, Danielle Waters, Planner re-Ontario Land Tribunal (OLT)... Schedule 5: OLT Notice of Hearing Ontario Land Tribunal Tribunal ontarien de I'amdnagement du territoire 655 Bay Street, Suite 1500 655, rue Bay, bureau 1500 Toronto ON M5G 1 E5 Toronto (ON) M5G 1 E5 Telephone: (416) 212-6349 T616phune : (416) 212-6349 Toll Free: 1-866-448-2248 Sans frail : 1-866-448-2248 Website: olt.gov.on.ca Site Web : olt.gov.an.ca Ontario PROCEEDING COMMENCED UNDER section 45(12)of the Planning Act, R4 S,0. 1990, c. P. 13, as amended. Appellant: SusanCowie Applicant: Julia Masalova Subject: Minor Variance Description: Proposing to construct a two-storey addition to a single detached dwelling. Reference Number: 2021-A-76 Property Address: 2239 Lakeshore Road E Municipality/UT: Oro-MedontelSimcoo OLT Case No: OLT-22-002492 OLT Case Name: Cowie v. Oro-Medonte (Township) The Ontario Land Tribunal (Tribunal")will conduct a Hearing by Video Conference for this matter. The event will be held: AT: 10 AM ON: June 21, 2022 AT: https://meet.cloto.com/709076365 Access Code: 709-076-365 The Tribunal has set aside 1 day for this matter. The event will be held using GoTo Meetings_ The appellant(s), applicant, municipality or approval authority, and those persons who intend to request party or participant status, are asked to log into the video hearing through the link provided above at least 15 minutes before the start of the event to test their video and audio connections. All persons are expected to access and set-up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeetina.Aweb application is also available: https:llapp.QotomeetiriQ.cornlhome.html _ A compatible web browser for this service is Chrome. Development Services June 1, 2022 Report No. DS2022-079 Page 9 of 9 Page 337 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re: Deeming By... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-087 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # June 1, 2022 Deeming By-law Application 2022-D-02 by Roll #: Robert & Sky Bicevskis R.M.S. File #: 4346-010-010-07000 1065 & 1067 Lakeshore Road D12 4346-010-010-07100 East Lots 15, 16 & 17, Plan 882 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-087 be received and adopted. 2. That Deeming By-law Application 2022-D-02 by Robert & Sky Bicevskis, to deem the two parcels (Lots 15 & 16 on Plan 882 and Lot 17 on Plan 882) under the Planning Act not to be a registered plan of subdivision, for lands located at 1065 Lakeshore Road East and 1067 Lakeshore Road East, Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Robert and Sky Bicevskis own the following two properties: 1 . 1065 Lakeshore Road East, described as Lots 15 & 16 on Plan 882 and containing a single detached dwelling and accessory structures; 2. 1067 Lakeshore Road East, described as Lot 17 on Plan 882 and containing a single detached dwelling that is to be demolished. Development Services June 1, 2022 Report No. DS2022-087 Page 1 of 7 Page 338 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... A Location Map and Aerial Photo are included as Schedules 1 & 2 to this report. The lands at 1067 Lakeshore Road East are also the subject of Minor Variance Application 2022-A-37 that proposes an accessory building of increased size (99.7 square metres (1073 square feet detached garage with 80.2 square metres (863 square feet) carport) in place of the dwelling that is currently on the lands. The detached accessory building is intended to serve the residential use located at 1065 Lakeshore Road East. Since Township of Oro-Medonte Zoning By-law 97-95 does not permit accessory buildings without a main residential use on the same lot, the submitted deeming by-law application is necessary in order to merge the two parcels by "deeming" them under the Planning Act not to be a registered plan of subdivision which provides the legal mechanism for the two lots to merge on title and become one lot. It is noted that the only way to separate the parcels in the future is through a Consent Application. Analysis: The process considered through the Planning Act in which to merge lots located within a plan of subdivision is through a Deeming By-law. The Township's assessment records for the subject properties show two property roll numbers and the registered property owner for the parcels being identified as noted above. There does not appear to have been a previous deeming by-law considered by the Township that merged Lots 15 & 16 on Plan 882 (1065 Lakeshore Road East), as two whole lots on a plan of subdivision these lands could be conveyed separately in the future; and therefore in order to ensure the lands are considered as one conveyable parcel going forward, the deeming by-law is intended to deem Lots 15, 16, & 17, Plan 882 to be one parcel. The applicant wishes to merge the two properties so they can be utilized as one parcel to contain the applicants' dwelling and accessory structures in the form of the detached garage and carport that are the subject of Minor Variance Application 2022-A-37 and a proposed boathouse. The subject lands are designated "Shoreline" in accordance with the Township's Official Plan. Single detached dwellings and accessory buildings are permitted uses on lands designated "Shoreline" in the Official Plan. The subject lands are zoned "Shoreline Residential (SR)" by Zoning By-law 97-95, as amended. Single detached dwellings and accessory buildings are permitted in the SR Zone. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by-law. Notice of the passage of the deeming by-law is required to be provided to the landowner. A copy of the draft Deeming By-law is included as Schedule 3. Development Services June 1, 2022 Report No. DS2022-087 Page 2 of 7 Page 339 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... Financial / Legal Implications / Risk Management: Potential change in assessment as a result of property merger. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: • Prepare for Our Future • Foster Safe and Inclusive Community Living & Business Growth Consultations: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Draft Deeming By-law Conclusion: Planning Staff recommends that Deeming By-law Application 2022-D-02 to deem Lots 15, 16 & 17 on Plan 882 under the Planning Act not to be a registered plan of subdivision on lands municipally known as 1065 Lakeshore Road East and 1067 Lakeshore Road East, Township of Oro-Medonte, be approved. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director, Development Services May 26, 2022 Development Services June 1, 2022 Report No. DS2022-087 Page 3 of 7 Page 340 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... Schedule 1: Location Map 1073 44i �1071 m 1067 1069 / 1 1065 L C 1 r 1 / I 1 / N s Development Services June 1, 2022 Report No. DS2022-087 Page 4 of 7 Page 341 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... Schedule 2: Aerial Photo 46 Qi t �Wi � t o .F 1 7' ore �a .l i r. k x: Development Services June 1, 2022 Report No. DS2022-087 Page 5 of 7 Page 342 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... Schedule 3: Draft Deeming By-law The Corporation of the Township of Oro-Medonte By-law No. 2022-058 A By-law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act .R.S.O. 1990, c.P, 13, as amended. Whereas it is considered desirable in order to control adequately the development of certain areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c. P.13, as amended. And Whereas the Council of the Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P.13, as amended, may by by-law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P.13, as amended. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That part of the Registered Plan of Subdivision described in Schedule"A" attached hereto pursuant to Section 50(4) of the Planning Act RS.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c.P. 13, as amended. 2. That Schedule "A" attached hereto forms part of this by-law. 3. This by-law shall take effect on the final passing thereof subject to the provisions of Section 50(26), (28), and (29) of the Planning Act R.S.O. 1990, c.P. 13, as amended. By-law read a First, Second and Third time, and Passed this 1st day of June, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Development Services June 1, 2022 Report No. DS2022-087 Page 6 of 7 Page 343 of 351 7.b) DS2022-087, Derek Witlib, Manager, Planning Services re. Deeming By... Schedule "A" To By-Law No. 2022-058 The Corporation of the Township of Oro-Medonte The following Registered Plan is situated in the Township of Oro-Medonte, County of Simcoe: Registered Plan 882, Lots 15, 16 & 17 a• Q- e V 0 v 1067 1069 1065 1� J 1 f f J J r Subject Lands This is Schedule "A" to By-Law 2022-058 passed the 1st day of June, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter (Application 2022-D-02) Development Services June 1, 2022 Report No. DS2022-087 Page 7 of 7 Page 344 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-088 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # June 1, 2022 Deeming By-law Application 2003-D-01 Roll #: Jennifer & John Brundage R.M.S. File #: 4346-010-001-10240 23 Maple Ridge Road D12- Lots 11 & 12, Plan 51 M-726 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-088 be received and adopted. 2. That Deeming By-law 2003-006 that was to have deemed Lots 11 & 12, Plan 51 M- 726 under the Planning Act not to be a registered plan of subdivision, for lands located at 23 Maple Ridge Road and adjacent parcel to the east (address not assigned), Township of Oro-Medonte, be repealed. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Jennifer & John Brundage own two vacant parcels (Lots 11 & 12) in Registered Plan 51 M-726, fronting on Maple Ridge Road. A Location Map and Aerial Photo are included as Schedules 1 & 2 to this report. A copy of Plan 51 M-726 with Lots 11 & 12 indicated is included as Schedule 3. The two lots were intended to have been merged into a single lot in 2003 after Jennifer & John Brundage applied for a deeming by-law with the intent of constructing one dwelling on the merged lands. On February 5, 2003, after considering Report PD2003- 05, Council passed By-law 2003-006 to deem the two parcels to not be part of a plan of subdivision, to therefore allow the parcels to merge. Development Services June 1, 2022 Report No. DS2022-088 Page 1 of 7 Page 345 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By... In April of 2022, Jennifer & John Brundage submitted Consent Application 2022-B-20 to sever the lands along the original lot line separating Lots 11 & 12. Staff's review of Consent Application 2022-B-20 revealed that By-law 2003-006 did not conform to the Planning Act and the lands were not legally merged. The Township's Solicitor has advised Planning Staff that a Consent application is not required for the two parcels to be separately conveyed or developed, and that the appropriate action is for Council to pass by-law to repeal By-law 2003-006. Analysis: The process considered through the Planning Act in which to merge lots located within a plan of subdivision is through a Deeming By-law pursuant to Section 50(4) of the Planning Act, R.S.O. 1990, c. P.13. Section 50(4) states: "The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision..." Plan 51 M-726 was registered on September 5, 2002 and Deeming By-law 2003-006 was passed on February 5, 2003; a period of 5 months following plan registration. Therefore, By-law 2003-006 failed to satisfy the minimum 8-year requirement of the Planning Act. The subject lands are designated "Rural Residential" in accordance with the Township's Official Plan. Single detached dwellings and accessory buildings are permitted uses on lands designated "Rural Residential" in the Official Plan. The subject lands are zoned "Rural Residential 1 (RUR1)" by Zoning By-law 97-95, as amended. Single detached dwellings and accessory uses are permitted in the RUR1 Zone. The subject lots comply with the provisions of the RUR1 Zone, are consistent with the lot sizes and frontages along the south side of Maple Ridge Road, and represent the original lots that were created when the subdivision was registered. In accordance with the Planning Act, no public meeting is required prior to the consideration of repealing a deeming by-law. Notice of the passage of the repealing by- law is required to be provided to the landowner. Financial / Legal Implications / Risk Management: Potential change in assessment. Development Services June 1, 2022 Report No. DS2022-088 Page 2 of 7 Page 346 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: • Prepare for Our Future • Foster Safe and Inclusive Community Living & Business Growth Consultations: Township Solicitor Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Plan 51 M-726 Schedule 4: Draft Repealing By-law Conclusion: Planning Staff recommends that By-law 2003-006 to deem the two parcels (Lots 11 and Lot 12, Plan 51 M-726) under the Planning Act not to be a registered plan of subdivision on lands municipally known as 23 Maple Ridge Road and unassigned Maple Ridge Road, Township of Oro-Medonte, be repealed. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director Development Services May 26, 2022 Development Services June 1, 2022 Report No. DS2022-088 Page 3 of 7 Page 347 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By... Schedule 1: Location Map �e W Ar Gg� /@h ' ec gdwel�¢d. �a. �a g e1a� a`g e� Ock I m `b 3 / \ N W+E 5193 / 5 Development Services June 1, 2022 Report No. DS2022-088 Page 4 of 7 Page 348 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By... Schedule 2: Aerial Photo ti r 'ti, Maple Ridge Rd. Al Development Services June 1, 2022 Report No. DS2022-088 Page 5 of 7 Page 349 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re- Deeming By... Schedule 3: Plan 51M-726 4 -------. I�Fi . ^ pae ' raj - �+ rr n •�^""^ - F M N I '; •F I rR p -■n�-Irxwsa Je��.wny -- 1 aa. a �s•^ e _ se� c. .gp. i awp�d s n^ I Nit [ £ HMO Wre}� iV: I job a� e n G of I � a Development Services June 1, 2022 Report No. DS2022-088 Page 6 of 7 Page 350 of 351 7.c) DS2022-088, Derek Witlib, Manager, Planning Services re. Deeming By... Schedule 4: Draft Repealing By-law The Corporation of the Township of Oro-Medonte By-Law No. 2022-057 Being a By-Law to Repeal By-law 2003-006 in its entirety Whereas By-law 2003-006 was passed on February 5, 2003 to designate certain lands identified on Schedule 'A' to the By-law not to be part of a registered Plan of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P.13, as amended; And Whereas, By-law 2003-006 does not meet the statutory requirements of Section 50(4) of the Planning Act, R.S.O. 1990, c. P.13; And Whereas the Council of the Township of Oro-Medonte considers it desirable that the lands be part of a registered Plan of Subdivision for the purposes of Section 50(3)of the Planning Act RS.O. 1990 c. P.13, as amended; And Whereas Section 5 of the Municipal Act, 2001, S.Q. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By-Law, unless the municipality is specifically authorized to do otherwise; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That By-law 2003-006 including Schedule 'A' of said by-law be repealed in its entirety. 2. And That this by-law shall come into force and take effect on the final passing thereof subject to the provisions of Section 50(26), (28), and (29) of the Planning Act R.S.O. 1990, c.P. 13, as amended. By-Law Read a First, Second and Third time, and Passed this 111 day of June, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter Development Services June 1, 2022 Report No. DS2022-088 Page 7 of 7 Page 351 of 351