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06 05 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting To h�p°� Wednesday, June 5, 2024 4:00 p.m. - Open Session Proud Heritage, Exciting Future Closed Session following Item 3 Open Session immediately following Closed Session 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. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. 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. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: Request for 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. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Page 1 of 193 Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH- toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Brent Spagnol, Director, Development Services re: Litigation affecting the municipality (Cannabis). d) Shawn Binns, CAO; George Vadeboncoeur, Manager, Planning Special Projects re: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Inter Municipal-Relationships, Provincial Facilitator). 5. Approval of Minutes: 5 - 20 a) Minutes of Development Services Committee meeting held on Wednesday, May 1, 2024. 05 01 2024 Development Services Committee Minutes 6. Public Meetings: 21 - 29 a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 10793 Highway 12, 2024- ZBA-03 (Freskiw). Notice of Receipt of Complete Application & PM 6a Presentation Page 2 of 193 7. Public Hearings: 30 - 45 a) 5:45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-25, Robert Ahearn, 346 Shanty Bay Road. DS2024-053 7a Presentation 46 - 71 b) 5:55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-52 Revised, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive. DS2024-076 7b Presentation 72 - 89 c) 6:05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-28, Elissa & Ian Balfour, 12 Country Club Lane. DS2024-077 7c Presentation 90 - 107 d) 6:15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive. DS2024-078 7d Presentation 108 - 135 e) 6:25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2024-A-30, Roger Chouinard & Julie Bussieres, 123 Robinson Street. DS2024-083 7e Presentation 7e Agent's Presentation 136 - 154 f) 6:35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-31, Daniel Vezina and Elaine Carr, 2219 Lakeshore Road East. DS2024-068 7f Presentation 155 - 171 g) 6:45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-33, Glenn and Amy Fillmore, 11 Richelieu Road. DS2024-069 7g Presentation 172 - 188 h) 6:55 p.m. DS2024-081, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-27, Brown, 2299 Lakeshore Road East. DS2024-081 7h Presentation Page 3 of 193 8. Reports of Municipal Officers: 189 - 193 a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee Refund Requests-Big Cedar-Minor Variance Applications/Options Report. DS2024-082 9. Next Meeting Date: July 3, 2024. 10. Adjournment: a) Motion to Adjourn. Page 4 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, May 1, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning Special Projects; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 16 Page 5 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC240501-1 Moved by Greenlaw, Seconded by Clark It is recommended that the agenda for the Development Services Committee meeting of Wednesday, May 1, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 3, 2024. Motion No. DSC240501-2 Moved by Hutcheson, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 3, 2024 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 16 Page 6 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. 6. Public Hearings: a) DS2024-056, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-20, Doug Reid, 81 Moonstone Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Doug Reid. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 18, 2024; Township of Oro-Medonte, Building Division dated April 18, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Doug Reid, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-3 Moved by Bard, Seconded by Schell It is recommended 1 . That DS2024-056, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-20, Doug Reid, 81 Moonstone Road East be received and adopted. 2. That Minor Variance Application 2024-A-20 by Doug Reid specifically to permit an oversized accessory building (pool house/storage building) with a maximum height of 6.64 metres (21.78 feet) and a maximum floor area of 125.7 sq m (1 ,353 sq ft) on lands municipally known as 81 Moonstone Road East, Township of Oro-Medonte, be approved subject to conditions as outlined in DS2024-056. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 16 Page 7 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. b) DS2024-057, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-21 , Charles and Susan Keslick, 59 Parkside Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Susan Keslick. The following correspondence was received: Enbridge Gas dated April 16, 2024; Township of Oro-Medonte, Building Division dated April 18, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Aaron Dales, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-4 Moved by Young, Seconded by Greenlaw It is recommended 1 . That DS2024-057, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-21 , Charles and Susan Keslick, 59 Parkside Drive be received and adopted. 2. That Minor Variance Application 2024-A-21 by Charles and Susan Keslick specifically to construct a 26.7 square metre (288.0 square feet) addition to the existing detached accessory building (garage) to permit an increased size of the garage with a floor area of 80.2 square metres (864.0 square feet) on lands municipally known as 59 Parkside Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-057. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 16 Page 8 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. c) DS2024-050, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-16, Dollard and Linda Webb, 336 Mount St. Louis Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Dollard Webb. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 16, 2024; Township of Oro-Medonte, Building Division dated April 19, 2024; Severn Sound Environmental Association dated April 19, 2024; Nottawasaga Valley Conservation Authority dated April 22, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Dollard Webb, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-5 Moved by Clark, Seconded by Hutcheson It is recommended 1 . That DS2024-050, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-16, Dollard and Linda Webb, 336 Mount St. Louis Road be received and adopted. 2. That Minor Variance Application 2024-A-16 submitted by Dollard and Linda Webb, specifically to: • permit an accessory building with a maximum height of approximately 4.93 metres (16.1 feet) and, • a floor area of 133.7 square metres (1,440.0 square feet), on lands known municipally as 336 Mount St. Louis Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-050. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 16 Page 9 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. d) DS2024-052, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-23, Linda & Rod Reed, 15 Maple Crescent. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Rod Reed. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 15, 2024; Township of Oro-Medonte, Building Division dated April 19. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Doug Humphries, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-6 Moved by Schell, Seconded by Greenlaw It is recommended 1 . That DS2024-052, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-23, Linda & Rod Reed, 15 Maple Crescent be received and adopted. 2. That Minor Variance Application 2024-A-23 by Linda & Rod Reed specifically to enclose the carport and convert it into a 31 .2 square metres (336.0 square feet) attached garage to the existing modular home located within an Environmental Protection (EP) Zone on the lands known as 15 Maple Crescent, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2024-052. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 16 Page 10 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. e) DS2024-059, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-24, Pat Irving, 6022 Line 7 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Gary Irving. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 18, 2024; Township of Oro-Medonte, Operations Division dated May 1 , 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Gary Irving, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-7 Moved by Young, Seconded by Bard It is recommended 1 . That DS2024-059, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-24, Pat Irving, 6022 Line 7 North be received and adopted. 2. That Minor Variance Application 2024-A-24 to specifically permit an oversized accessory building (garage/shop) having a maximum height of 5.3 metres (17.6 feet) and a maximum floor area of 217.0 sq m (2,340 sq ft) on lands municipally known as 6022 Line 7 North, Township of Oro-Medonte, be approved subject to conditions as outlined in DS2024-059. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 16 Page 11 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. f) DS2024-060, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-22, Lisa Ricetto, 5939 Line 8 North, Oro- Medonte. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lisa Ricetto. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 22, 2024; Nottawasaga Valley Conservation Authority dated April 22, 2024; Marshall Dixon dated April 23, 2024; Township of Oro-Medonte, Building Division dated April 24, 2024; Mathew Rose dated April 30, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matthew Ricetto, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 8 of 16 Page 12 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. Motion No. DSC240501-8 Moved by Hutcheson, Seconded by Schell It is recommended 1. That DS2024-060, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-22, Lisa Ricetto, 5939 Line 8 North, Oro-Medonte be received. 2. That Minor Variance Application 2024-A-22 submitted by Lisa Ricetto, specifically to: a) legalize a 142.7 square metre (1,536.0 square feet) two storey addition to the existing non-conforming building to expand the home industry on the ground floor, and, b) convert the entire second floor (existing and proposed) into an accessory residential apartment unit, and relief to the following sections of Zoning By-law 97-95 as amended and as outlined in DS2024-060; • Section 5.18 - Non-Conforming uses: To legalize the construction of a 142.7 square metres (1,536.0 square feet) two-storey addition to an existing non-conforming building (home industry use - woodworking shop) and convert the existing loft and add the proposed new second floor space to create an accessory apartment unit. • Table B4 (C) — Setback Provisions for Buildings Except Single Family Dwellings (Home Industry): Existing building and proposed addition — 15.4 metres (50.6 feet) to interior side lot line. • Section 5.1.1 — Uses Permitted in Detached Buildings: Proposed apartment dwelling unit is to be constructed on the second floor of the detached accessory building. • Section 5.1.4 — Maximum Height: Proposed at 7.5 metres (24.5 feet) • Section 5.1.6 — Maximum Floor Area: Proposed at 540.1 square metres (5,813.8 square feet) • Section 5.4 —Apartment Dwelling Units Accessory to a Single Detached Dwelling: Proposed Apartment to be located in a detached accessory building • Section 5.4 (c) - Maximum Floor Area of an Apartment Dwelling Unit: Proposed at 247.5 square metres (2,664.0 square feet) on lands known municipally as 5939 Line 8 North, Oro-Medonte be approved subject to the conditions as outlined in DS2024-060, as amended, to replace Condition c) with the following: That the applicant install appropriate screening in the form of vegetation or a fence just inside the interior lot line to the abutting property to the north at 5953 Line 8 North in a location generally commencing from the south corner of the dwelling located at 5953 Line 8 North and ending at the northeast corner of the proposed addition to the existing building, to the satisfaction of the affected property owners and the Township. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 16 Page 13 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. g) DS2024-058, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-03 by Shirley Guitard, 440 Line 11 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Shirley Guitard. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 16, 2024; Enbridge Gas dated April 22, 2024; Township of Oro- Medonte, Building Division dated April 23, 2024; County of Simcoe, Planning Department dated April 25, 2024; Lake Simcoe Region Conservation Authority dated April 29, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Shirley Guitard, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-9 Moved by Bard, Seconded by Clark It is recommended 1 . That DS2024-058, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-03 by Shirley Guitard, 440 Line 11 North be received and adopted. 2. That Consent Application 2024-B-03 by Shirley Guitard, to permit a boundary adjustment having a lot frontage of approximately 48.7 metres (160.0 feet), a lot depth of approximately 45.7 metres (150.0 feet) and an area of approximately 0.2 hectares (0.5 acres) to be added to the property municipally known as 422 Line 11 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-058. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 16 Page 14 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. h) DS2024-054, Catherine McCarroll, Senior Planner re: Consent Application 2024-13- 05, Jennifer Jolie & Catherine French, 6272 Line 5 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jennifer Jolie. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 18, 2024; Nottawasaga Valley Conservation Authority dated April 22, 2024; Enbridge Gas dated April 23, 2024; County of Simcoe, Planning Department dated April 30, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jennifer Jolie, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-10 , Moved by Greenlaw, Seconded by Young It is recommended 1 . That DS2024-054, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-05, Jennifer Jolie & Catherine French, 6272 Line 5 North be received and adopted. 2. That Consent Application 2024-B-05 by Jennifer Jolie & Catherine French, to permit a boundary adjustment having a lot frontage of approximately 26.0 metres (85.3 feet), a lot depth of approximately 195.0 metres (639.8 feet) and an area of approximately 0.8 hectares (2.03 acres) to be added to the property located at 6210 Line 5 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-054. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 16 Page 15 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. i) DS2024-062, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-13, Jeff Wilson and Kristin Vanden Heuvel, 504 Line 9 South. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jeff Wilson and Kristin Vanden Heuvel. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 16, 2024; Township of Oro-Medonte, Building Division dated April 18, 2024; Lake Simcoe Region Conservation Authority dated April 23, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jeff Wilson, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-11 a. Moved by Schell, Seconded by Bard It is recommended 1 . That DS2024-062, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-13, Jeff Wilson and Kristin Vanden Heuvel, 504 Line 9 South be received and adopted. 2. That Minor Variance Application 2024-A-13 by Jeff Wilson and Kristin Vanden Heuvel specifically for permission to build a detached accessory building with an increased height of 6.65 metres (21 .8 feet) and an increased floor area of 222.2 square metres (2,392.0 square feet), on lands municipally known as 504 Line 9 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-062. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 16 Page 16 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. j) DS2024-051, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-04, Brian and Heather Flemming, 1787 Line 10 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Craig Shelswell. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 18, 2024; Enbridge Gas dated April 23, 2024; Township of Oro- Medonte, Operations Division dated April 23, 2024; County of Simcoe, Planning Department dated April 25, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Craig Shelswell, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240501-12 j Moved by Young, Seconded by Clark It is recommended 1 . That DS2024-051, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-04, Brian and Heather Flemming, 1787 Line 10 North be received and adopted. 2. That Consent Application 2024-B-04 by Brian and Heather Flemming, to permit a boundary adjustment having a lot frontage of approximately 3.0 metres (9.84 feet), a depth of approximately 150.0 metres (492.1 feet) and an area of approximately 0.045 hectares (0.11 acres) to be added to the property described as Part Lot 9, Concession 11 West (Roll # 4346-010-004-17300) be approved, subject to the conditions as outlined in DS2024-051 . 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 16 Page 17 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. 7. Reports of Municipal Officers: a) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-01 , Susan Creighton & Jeffrey Moulton, 360 Ingram Road. Motion No. DSC240501-13 Moved by Hutcheson, Seconded by Greenlaw It is recommended 1 . That DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-01 , Susan Creighton & Jeffrey Moulton, 360 Ingram Road be received and adopted. 2. That Minor Variance Application 2024-A-01 by Susan Creighton & Jeffrey Moulton specifically for permission to build a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area of 258.6 square metres (2,784.0 square feet), on lands municipally known as 360 Ingram Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-055. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. b) DS2024-061, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro). A Motion No. DSC240501-14 Moved by Bard, Seconded by Hutcheson It is recommended 1 . That DS2024-061, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro) be received and adopted. 2. That Minor Variance Application 2024-A-07 by Garrett Hookey specifically for permission to build a single detached dwelling with a reduced setback of 20.0 metres (65.6 feet) from the top of bank of the watercourse and build a detached accessory building with an increased height of 4.9 metres (16.0 feet) and an increased floor area of 185.8 square metres (2,000.0 square feet), on lands legally described as Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-061 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 14 of 16 Page 18 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects re: Zoning By- law Amendment Application 2024-ZBA-01 Craighurst Limited Partnership. [Refer to Item 5a) 05 01 2024 Council Agenda]. Motion No. DSC240501-15 Moved by Clark, Seconded by Schell It is recommended 1 . That DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects re: Zoning By-law Amendment Application 2024-ZBA-01 applying to lands located in Part Lots 41 and 42, Concession 1 EPR (Medonte), Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2024-ZBA-01 , which amends the Residential One Exception 301 (R1*301) and Residential Two Exception 343 (R2*343) Zones to permit the following be approved: a) Section 5.9 — Permit a 1.5 metre (4.9 feet) encroachment into the required front and rear yards; b) Section 5.20.2.3 — Permit a 1 .2 metre (3.9 feet) interior side yard setback for driveways accessing a single detached or semi-detached dwelling; and, c) Section 5.20.2.4 — Permit a driveway located within 10.5 metres (34.4 feet) of the intersection of the front lot line and exterior side lot line on a corner lot. 3. That the street names "Ambassador Avenue", "Private McKay Drive", "Sinton Way", "Red Wing Crescent", "Midnight Way", "Bluenose Lane", "Northland Court", and "Capital Court" be assigned to the Craighurst Crossing subdivision. 4. That the appropriate staff bring forth the By-laws for Council's consideration. 5. And that the applicant be advised of the decisions under the Director, Development Services' signature. Carried. 8. Next Meeting Date: June 5, 2024. Page 15 of 16 Page 19 of 193 5.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1 , 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240501-16 Moved by Greenlaw, Seconded by Bard It is recommended that we do now adjourn at 7:35 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 16 of 16 Page 20 of 193 6.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Of, Wc' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2024-ZBA-03 (Freskiw) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 13th day of May, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on June 5, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are municipally known as 10793 Highway 12. A key map illustrating the location of the subject lands is included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to further amend the zoning of the lands from Agricultural/Rural (A/RU)to an Agricultural/Rural Exception (A/RU*###)to permit a detached accessory residential dwelling unit to be accessed via the existing shared driveway in close proximity to the existing residential cluster on the property. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning_(a oro-medonte.ca prior to or during the Public Meeting-, 2. Dropped in the drop box at the Township Administration Office on Line 7 South-, 3. Faxed to (705)487-0133-, or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(a),oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 21 of 193 6.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services plannin.aCcT)oro-medonte.ca Dated at the Township of Oro-Medonte this 15t" day of May, 2024. Location Map I 12 I _ OD \? 1 ®Subject Lands t\t Page 22 of 193 6.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Applicant's Site Plan Sketch o. F JSTING 6, oL-4 ._.- r: r: r � I W p 'Jur C M17 LOI ATIGN V WAY 1 5 VfiJ Y4YY17.1 5 �'S 5 5 5, PROPOSED DETACHED ACCESSORY DWELLING LOCATION Page 23 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Q CO C ) suun N N 4 rl U T14e a�edon5- Q — +� , a) N E H a) a E N `. m CO O M ti . . a s= o p a N ca •— C� , i � Page 24 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w w M +� Q O x N O o N a O •� Cn Ca U C Q Ise �--� cn � O O E cu ATE y �. 4 1O.A ' O '. f a N �f E _ a Page 25 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Qf CO ' w (D N 6 4 C U W O ° o F. oo zm jr a � I 1 o o � ❑ �— 4-0 U cn ." a Q - a as Cn a) E H aCn s= ° a� O E 0 a o ° Q 0 0 0 N O c Q c6 Q C .E (� E O O p O N Q L Q M N N w U � p V U U ° _� 0- �+ N Q w t6 t6 V U m _0 N M O) (6 (6 O -0 Cu O 0 � N � � � N c > � N � � � � .L � O m � c� CM -0 CM cn �, c c O CM 0) O X a Q Q Q Q -0 Cn N Page 26 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w t w M i' + O x s N N , O N O Ca U Q �--� cn � O O E O E Q . . CL t� O m � � W a Page 27 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w CO KM- A 112 rt■ JLJL N Ll Q ILJC N fl I� ........ 4-0 l _ 3 a U E T L t Cn Q V/ O � Q O Q O aIZ Page 28 of 193 6.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w p ��� f x o Cn Q O O m .n L N U —0 NO o c� N E 0 -0 U � v � � tt-- o L 0 0 C t6 � Ise Q� C: Q. L (� O N }, Q H.0, 4-0Q N 0 N (D ca += � E � Q E O 4-0 L p M ° � oQ U cn .2 Fn Q) ■ ■ L i � .N C: ■o j p o �+ m cn U c6 N N O (n i� Q Q Page 29 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... - �W (W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: June 5, 2024 Report No.: DS2024-053 Subject: Minor Variance Application 2024-A-25, Robert Ahearn, 346 Shanty Bay Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-053 be received and adopted. 2. That Minor Variance Application 2024-A-25 by Robert Ahearn, specifically to permit a lot coverage of 7.2% for all detached accessory buildings on the subject lands and recognize the reduced interior side yard setback of 1.7 metres (5.6 feet) for the existing detached accessory building, on lands municipally known as 346 Shanty Bay Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-053. 3. The conditions are as follows: a) That notwithstanding Section 5.1.5 and Section 5.1.3 (d), the existing detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the 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; and, c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 5, 2024 Report No. DS2024-053 Page 1 of 9 Page 30 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... Background The purpose of this report is to allow the applicant to keep an existing detached accessory building with a size of 26.9 square 1 metres (289.4 square feet) which contravenes the previously approved Minor Variance application, detailed below. The f accessory building had been r „ , ►"� constructed with a Building Permit ' in 2001. The subject property is located on Ridge Road West (County Road 5" " 20) near the City of Barrie. The _ property has a lot area of 0.23 _ hectares (0.57 acres) and contains a single detached dwelling and two detached accessory buildings. The location map is included as Schedule 1 to this report. Previous Minor Variance Application (2017-A-66) The applicant had obtained approval of Minor Variance Application 2017-A-66 on February 7, 2018 to permit a detached accessory building with a floor area of 139.35 square metres (1,500.0 square feet), a maximum height of 4.88 metres (16.0 feet), and an increased lot coverage of 6%. In order to comply with the approved lot coverage of 6%, the applicant was required to remove the existing 26.9 square metres (289.4 square feet) detached accessory building. Minor Variance Application Proposal The applicant is now requesting to keep the existing 26.9 square metres (289.4 square feet) detached accessory building. The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Development Services June 5, 2024 Report No. DS2024-053 Page 2 of 9 Page 31 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED 5.1.5 Maximum Lot Coverage for 6.0% (previously Detached approved Minor 7.2% Accessory Variance 2017-A- Buildings 66) 5.1.3 (d) Minimum required 1.7 metres (5.6 feet) interior side yard 2.0 metres (6.5 feet) (existing non-complying setback setback The applicant's site plan and photos of the existing detached accessory building are included as Schedules 2 and 3 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act 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? The subject lands are designated `Rural' in the County of Simcoe Official Plan and the Township's Official Plan (2022). The Rural designation permits detached dwellings and by extension accessory uses, such as detached accessory buildings. 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 Development Services June 5, 2024 Report No. DS2024-053 Page 3 of 9 Page 32 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... effect in 2009. The subject lands are not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); therefore, Planning Staff are of the opinion that the existing detached accessory building is not anticipated to have any adverse impact on the natural heritage features in the watershed. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to keep the existing detached accessory building, which is accessory to a permitted residential use in the `Rural' designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended. The Zoning By-law permits detached accessory buildings 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 residential dwelling on the lot; and to prevent over development that would detract from the character of the area. The existing detached accessory building complies with height and floor area requirements; however, the applicant has requested relief from the Zoning By-law to permit an increased lot coverage from 5% to 7.2% for all detached accessory buildings on the subject lands. In Planning Staff's opinion, the proposed location of the accessory building being behind the dwelling, combined with the accessory building's smaller size and the proposed use of the building as a garage and for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. The Zoning By-law's requirement for a minimum interior side yard setback of 2.0 metres (6.6 feet) is intended to provide spatial separation between residential properties, as well as provide access and maintenance around buildings and structures. The existing accessory building is located 1.7 metres (5.6 feet) from the interior side lot line, which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, Planning Staff are of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing detached accessory building, which is located behind the dwelling, is barely visible from the road. Furthermore, the existing accessory building has a minimal impact on the adjacent landowners as there is a wood privacy fence along the interior side lot line, which helps screen the building from view. Despite the reduced interior side yard setback, the applicant still has access to the rear yard via the west side of the accessory building, should any large machinery be Development Services June 5, 2024 Report No. DS2024-053 Page 4 of 9 Page 33 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... required to the rear of the building. In Planning Staff's opinion, the existing accessory building does not stand-out, look out of place or detract from the character of the area; therefore, the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of variances generally relate to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the existing detached accessory building is not anticipated to have any adverse impacts on character and appearance of the 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 are 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. 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 Infrastructure and Capital Projects— No comments. • Township Building Division — No Comments. Development Services June 5, 2024 Report No. DS2024-053 Page 5 of 9 Page 34 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Photos of the Existing Detached Accessory Building Conclusion Planning Staff recommend that Minor Variance Application 2024-A-25 be approved, specifically to permit a lot coverage of 7.2% for all detached accessory buildings on the subject lands and recognize the reduced interior side yard setback of 1.7 metres (5.6 feet) for the existing detached accessory building, 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, an represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, May 28, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services May 29, 2024 Brent Spagnol, RPP, Director, Development Services May 29, 2024 Development Services June 5, 2024 Report No. DS2024-053 Page 6 of 9 Page 35 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map 115 115 onmM vellm qA.W. » 7 o108anwgd W 115 Afd{e Rd.w. 334 364 294 12 11 10 3254 Pi 9 8 8 Old 360 a pR0 5 382 G 356 64 304 I 3350 2 338 344 346 Rid9e l�q 2 i. 57 46 shanty Bay Rd. 20: a 2 C 6 4 C� 1 38 :30=1 � 1 a 10 6 �Q $arrle'reRace 5 3351 1 51 43 41 39 37 � 9 5 3 1 15 13 11 ( 9 7 7 33 31 � 25 1y 17�15 I 11 -� fy � -- 21 -- L J, Kempenfelt Bay Location s Q Subject Lands TnwnsZ&A"& Paned Heritage,Exciting Fulm, 0 loom File Number:2024-A-25 ti I i Development Services June 5, 2024 Report No. DS2024-053 Page 7 of 9 Page 36 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Applicant's Site Plan Nov Nor may �. �i >s w�Ono" Existing detached accessory building to remain. I q N qwl.RY L TItw»•c I.W1 r-T ICI SHANTY BAY RD w ToumuI- �f Site Plan Proud Heritage,Exciting Futurr File Number:2024-A-25 Development Services June 5, 2024 Report No. DS2024-053 Page 8 of 9 Page 37 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Photos of the Existing Detached Accessory Building Photos of the Existing Detached Toumsltipo''~� Accessory Building Proud Heritage,Exciting Futurr File Number:2024-A-25 Development Services June 5, 2024 Report No. DS2024-053 Page 9 of 9 Page 38 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re- Minor... •1 a LO O r y U�faua4nfiu L�L_ E maiAajo4 �, m co a - .^ ^M /"1 W U (� w r w co : _ > m r L_ >, O O — cl) OC OC co � M W O ._ J Page 39 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re- Minor... } w LO o x .a {4 Y i r Q N cA O rZ a rZ 40 Q Q U _ 'A*L ;4A Page 40 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re- Minor... d j a N 4 w. ' w N � O c� N v — � � as o � = c� ^ acn AD M a, 0 0 }, >, -a U Q c011 X 4-1 O in U O V Qti N }, 0 ¢ a v (� N O ff . N C)) O vc- QEtn .� n � � ca2N -5or� 'x O Oro U E E w - o O a--� +r i U W c_ N N U O M con cm ccu _0 L L . M c: N � - (.5 >'O 0 � a) M L (6 M = 0 L M > _o N J N E > O L '� � E > E L 0 > C.0V? > L cq L O (n O a) a) X Ln '� c '� C O L) > O a- 0- O U O 0 f` 09 U G) CD 1i M 0 M U cn 0) w N M (W Page 41 of 193 Ta) 5.45 p.m. DS2024 053, Catherine McCarroll, Senior Planner re- Minor... J N o NNEPP- N � � t O U) co N � o ' I U LZ sk — • W � y O L M C OW c � � yr O o j ,. Page 42 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... )711 kf 'TA d? iA /' L �' O - I N ;`J a) N F x t W co rZ cz y ■� W �.. �_ '.. x M W 4) s a f,. d Page 43 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... w LO A -A w o x �L it II Ali -- N III � �,L. ■— � III W N ] I II 00 il c— � I C co •_ ca Cz d) cz OIt -! An fill iI x uJ t Page 44 of 193 Ta) 5.45 p.m. DS2024-053, Catherine McCarroll, Senior Planner re: Minor... w w > a L Q) (6 0 o x cn c� a 0 00 E c� c O 0 (D — O Q N L) o " Q C � N .E o a) a) Q O O CV 0C " O xo0- E a) }' cn p c a) O a) � � � co a) � Q � � mc M }. O O cn M O a) cn o MQ Q � Oa) M -r- cn M m Q � a) N C 0- >+ >, fA.� O E L O 0 -0 j 0 cn U Q O U) U) U O U 0 OCO:' M U) M O O � O M NM c6 •� N 4— U U O -c I O c6 M L cn }' N O O O a) a) cn _ a) ch o E m c E 0 � � � U � Q co Page 45 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... - �W (W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: June 5, 2024 Report No.: DS2024-076 Subject: Minor Variance Application 2023-A-52 Revised, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-076 be received and adopted. 2. That Minor Variance Application 2023-A-52 Revised by Rosalie Dawson & Shayne Pierce specifically for permission to build a 189.0 square metres (2,034.4 square feet) addition to the existing non-complying single detached dwelling located within the required 20.0 metre (65.6 feet) setback from the average high water mark of Lake Simcoe, on lands municipally known as 169 Shoreline Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-076. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 (b), the proposed 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 and landscaping on the property 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 and preserves the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed; Development Services June 5, 2024 Report No. DS2024-076 Page 1 of 16 Page 46 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... d) That no portion of the single detached dwelling shall be converted into an apartment dwelling unit without the required planning and building approvals; e) That the Applicant/Owner shall prepare and complete a Planting Plan for the shoreline area, to the satisfaction of the Lake Simcoe Region Conservation Authority; f) That the Applicant/Owner successfully obtain a permit from the Lake Simcoe Region Conservation Authority prior to development or site alteration. This will include the submission of a Coastal Engineering Report; g) 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 3.0 metres (9.8 feet) from the interior side lot line; and, h) 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. Background The subject property has a lot area of 0.25 hectares (0.61 acres), according to MPAC records, and contains a single detached dwelling and a shed. The location map is included as Schedule 1 to this report. The applicants previously requested relief from the Zoning By-law to permit construction of a detached accessory building _ (garage) with an increased ;, ' 0 height and floor area, as well as an addition to the existing non- complying single detached -V, dwelling. The application was deferred to provide the applicants with the opportunity to address Planning and Building Staff's comments. The Development Services June 5, 2024 Report No. DS2024-076 Page 2 of 16 Page 47 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... applicants have revised their plans and are now proposing a larger addition to the existing non-complying single detached dwelling — the dwelling is non-complying as it is currently located within the required 20.0 metre setback from the average high-water mark of Lake Simcoe. The applicants are now seeking relief to the following section of Zoning By-law 97-95: ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED 5.16.1 (b) Enlargement, Does not Proposing to build a 189.0 square repair or increase the metres (2,034.4 square feet) renovation of a useable floor addition to the existing non- non-complying area in a complying single detached building required yard. dwelling and a portion of the addition is located within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe. The applicant's site plan, site plan details and elevation drawings are included as Schedules 2, 3 & 4 to this report. Analysis 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. Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed single detached dwelling addition will be located further from Lake Simcoe than the existing dwelling; therefore, it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the original submission and indicated that the proposal was generally consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, they had no objection to the approval of the application. They recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall prepare and complete a Planting Plan for the shoreline area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to development or site alteration. This will include the submission of a Coastal Engineering Report. The LSRCA's original comments can be found in Schedule 5 to this report. Development Services June 5, 2024 Report No. DS2024-076 Page 3 of 16 Page 48 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... The revised plans were circulated to the LSRCA; however, at the time of writing of this report, revised comments have yet to be received by Township staff. The Committee should have regard to any revised LSRCA comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act 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 maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in Simcoe County's Official Plan and designated Shoreline in the Township's Official Plan (2022). The Shoreline designation permits single detached dwellings. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling which is a permitted use in the Shoreline Designation, and it is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Does the variance 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, as amended. The applicants have requested a variance from Section 5.16.1 (b) as they are proposing to build a 189.0 square metres (2,034.4 square feet) addition to the existing non-complying single detached dwelling and a portion of the addition is located within the required 20.0 metres (65.6 feet) setback from the average high-water mark of Lake Simcoe. Development Services June 5, 2024 Report No. DS2024-076 Page 4 of 16 Page 49 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... 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 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 dwelling and therefore is not anticipated to have any adverse impacts on the shoreline. Based on the above, Planning Staff is satisfied that the proposed single detached dwelling addition would conform to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the subject lands contain mature vegetation throughout the property and along the front and interior side lot lines, which will help screen the dwelling addition from view from the neighbouring properties and from the road. Planning Staff recommend that as a condition of approval that the applicants maintain and preserve the existing vegetative buffer along the front and interior side lines or replace with a similar vegetative buffer if destroyed. 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 addition will be mitigated on the subject lands and will not impact neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variance is 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 Minor Variance is minor in nature as it is not anticipated to have any adverse impacts on the neighbouring properties or on the shoreline. As this variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, 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. Development Services June 5, 2024 Report No. DS2024-076 Page 5 of 16 Page 50 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... 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 Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. 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 Operations — No comments. • Township Building Division: o Owner to indicate intent of use of second floor; appears secondary dwelling being created. o Owner/applicant to be aware that a septic verification or septic permit will be required. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedule 5 Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Site Plan Details Schedule 4: Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024. Conclusion Planning Staff recommends that Minor Variance Application 2023-A-52 as revised be approved, specifically to permit construction of a 189.0 square metres (2,034.4 square feet) addition to the existing non-complying single detached dwelling located within the required 20.0 metres (65.6 feet) setback from the average high-water mark of Lake Development Services June 5, 2024 Report No. DS2024-076 Page 6 of 16 Page 51 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Simcoe, 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. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, May 29, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services May 30, 2024 Brent Spagnol, RPP, Director, Development Services May 31, 2024 Development Services June 5, 2024 Report No. DS2024-076 Page 7 of 16 Page 52 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map xd.w.v _ HonesFoc wlk Pd. sM<Y.II,Y Fd.W. 7 pb Brae FdE mdp,d.w. 545 il Lakeshore Rd.E. 2 3 4 C J N $ 2461 2553 M 6 p N 3 7 J 8 p 2501 U. 218 10 11 194 2 4 6 174 203 Lakewood Ct. 195 1 8 154 187 150 eOt 177 3 5 144 a\\� 647 134 p�- 169 126 9r�� 167 11 118 165 657 143 � 7 108 135 Lake 667 9 127 5//77COe 86 94 111 119 677 12 28 74 34 38 8 4 Location Q Subject Lands Ti f Proud Heritage,Exciting Foam, 0 loom File Number.2023-A-52 ti Development Services June 5, 2024 Report No. DS2024-076 Page 8 of 16 Page 53 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re- Minor... Schedule 2: Applicant's Site Plan I i I o.— --------- i j I I I 1----------- 17,4 g I Proposed single detached dwelling + gg� addition. s I � z � � 1 Site Plan Proud Heritage,Exciting Frdurr File Number:2023-A-52 Development Services June 5, 2024 Report No. DS2024-076 Page 9 of 16 Page 54 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re- Minor... Schedule 3: Site Plan Details 2 I 'OSSIBIIEL .Ek TINO SHED TO FOR NEW 559OL .�J J �� tMOVED iEFTIC TAN}( �\- • EXST*G SEPTIC TANK. / L-- •I TO BE ftEiUCED AND LQ(/fi ON WEST SIDE PARTIAL OF ADOI\ON2NDSTOREY wwwAT�9MA .�/ I ------- � // WATER wrm I ADDITION. J i GREATROOM. - --�- -- ENLARGED - BEDROOMS / sroRe4 WATE � PARTIAL / 2ND STOREy __- zi'-L• Rh (zxmj. rx' J. FT� .+; ,L.... EXISTING t I ..i.`- r•..I. ROUSE - _ TOP C7nC J \ .,u o J ~ _�plsi rT 721.9 3 a I ToumuI- c,f Site Plan Proud Heritage,Exciting Futurr File Number:2023-A-52 Development Services June 5, 2024 Report No. DS2024-076 Page 10 of 16 Page 55 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re- Minor... Schedule 4: Elevation Drawings East Elevation: South Elevation: _-- - West Elevation: �.a It North Elevation: - t .......... -. Elevations Toumuhi ~�� Proud Heritage,Exciting Futurr File Number:2023-A-52 Development Services June 5, 2024 Report No. DS2024-076 Page 11 of 16 Page 56 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Schedule 5: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024 Lake Simcoe Region conservation a,Jthority wvrvr.LS RCA.o n.ca Sent via a-mai:p anniniZ(-Doro-medonte.ca Januar;9, 2024 Municipal File No.:2023-A-S2 LSRCA File No.:VA-18OS79-010924 Andy Karaiskakis Secretary-Treasurer,Committee of Adjustment 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Kara iskakis, Re: Application for Minor Variance 169 Shoreline Drive Township of Oro-Medonte Applicant/Owner.Rosalie Davison&Shayne Pierce Thank you for circu'ating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. It is our understanding that the Applicant/Owner is proposing to construct a detached accessory building(garage)and an addition to the existing non-complying single detached dwelling.The App icant/Owner is seeking re ief from the following sections of the Township of Oro-h1edonte Zoning By-.a•w 97-95,as amended: Detached Accessory Building(Garage): Section 5.1.4—Maximum Height Required: Proposed: 4.S metres(14.7 feet) 4.9 metres(16.0 feet) Section 5.1.6—Maximum Floor Area Required: Proposed: 70 square metres 753.S square feed 165.6 square metres 1783 square feet', Single Detached Dwelling Addition: Required: Proposed: Does not increase the useable floor area in a Proposing to build a 37.3 square metre (401.3 required yard. square feet) addition to the existing non- comp yingsingle detached dwelling ocatedwithin the required 20 metre(65.6feet)setback from the average highwater mark of Lake Simcoe. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5861 Member of Conservation Ontario TF 1.800.465.043,' Development Services June 5, 2024 Report No. DS2024-076 Page 12 of 16 Page 57 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Lake Simcoe Region co-icc-vation a,thonty Page 2 of 5 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted v.ith this application: • Notice of Pubic Hearing (dated January 3, 2024) • Site P an& Drawings prepared by Rosalie Dawson Architect Inc. Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regu'ation 179/06 of the Conservation Authorities Act. LSRCA has a so provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally,LSRCA has provided advisory comments re!ated to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,the proposa' is generally consistent and in conformity with the natural hazard policies of the applicable pans. On this basis, we have no objection to the approval of this application for Minor Variance. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedu e-The applicable fee for Minor Variance(Minor—planner review only)is 5536; • That the Applicant/Owner shall prepare and complete a Planting Plan for the shoreline area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to development or site alteration.This will include the submission of a Coastal Engineering Report. Site Characteristics The subject land is approximately 0.22 hectares (0.53 acres) and is located southeast of Shoreline Drive within the Township of Oro-Medonte. The subject land is within the 'Shoreline' designation as per Schedule A of the Township of Oro-hledonte Official Plan and within the'Shoreline Residential (SR)Zone' as per the Township of Oro-Medonte Zoning By-law 97-95. Existing mapping indicates the following: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for shore ine flooding and erosion hazards associated with Lake Simcoe. Please see a detailed regu atory map below. Development Services June 5, 2024 Report No. DS2024-076 Page 13 of 16 Page 58 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Lake Simcoe Region ccisc-vatian a�thon,y Page 3 of S ® � to uam.*a.wrroq ra ..r.� r.r O i..-wire+ F� S f Please note: LSRCA staff have not attended any site meetings or this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibi ity from the Province to represent provincial interests regarding natura hazards identified in Section 3.1 of the Provincial Policy Statement(PPS). There are identified natural hazards on the subject lands (shoreline flood and erosion hazard areas). Based on the topographic information submitted as part of this application, the proposed detached accessory building and single detached dwelling addition are located outside of the flood hazard and are therefore generally consistent with 3.1 of the PPS.Further concerns related to natural hazards wil: be addressed during the permitting process. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation,made under Section 28 of the Conservation AuthoritiesAct,enab.es conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous!ands and wet'ands.Development taking pace on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion,dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or v:et:and. Ontario Regulation 179/06 applies to a portion of the subject property. It appears that the proposed development wi I be within the regulated area, therefore a permit from the LSRCA will be required Development Services June 5, 2024 Report No. DS2024-076 Page 14 of 16 Page 59 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Lake Simcoe Region ca,isc-vabon a'thon-y Page 4of5 prior to any development or site alteration taking place and will need to be in accordance with the LSRCA's Ontario Regulation 179/06 Imp ementation Guidelines. Advisory Comments L LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that eve provide through a MOU as well as through our role as a public body,pursuant to the Planning Act. Lake Simcoe Protection Plan,2009(LSPP) As per 6-2-DP of the LSPP, "the minimum vegetation protection zone(MVPZ)in a shoreline built-up area is 30 metres from the Lake Simcoe shoreline." As per 6.11-DP, "a proposal for development orsite alteration is permitted within 30 metres of the Lake Simcoe shoreline... the proposal for development or site alteration shall comply with the following where applicable:(b)to the extent possible, enhance the ecological features and functions associated with the Lake,stream or wetland;(c)minimize erosion,sedimentation,and the introduction of excessive nutrients or other pollutants and utilize planning, design, and construction practices that maintain and improve water quality." The proposal for development and site alteration is within the 30 metre R4VPZ of Lake Simcoe,therefore a Planting Plan is required to the satisfaction of the LSRCA. Plantings are required to be native and se1- sustaining. Enclosed is a list of plants native to the Lake Simcoe watershed. Ontario Regulation 179/06 Implementation Guidelines, 2023 Section 6.3 of the Imp ementation Guidelines speaks to habitable structures/additions within proximity to the Lake Simcoe shore:ine. As per 6.3 (e), "any habitable structure/addition within 15 metres of the shoreline will be accompanied by a Coastal Engineering Report no the satisfaction of the Authority." The proposed single detached dwe.ling addition is located within the 15 metre highwater mark setback of Lake Simcoe, therefore the submission of a Coastal Engineering Report (prepared by a qualified professional) is required — this can be submitted as part of LSRCA permitting process. Please contact LSRCA:s Reguiations Staff, Matthew Figuerres ,m_figuerres@Isrca-on-cal, to scope the permit requirements and Terms of Reference for the report. Summary Based on our review of the submitted information in support of this application, we have no objection to the proposal. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner sha:l pay the LSRCA Plan Review: Fee in accordance with the approved LSRCA Fee Schedu e.The applicable fee for Minor Variance(Minor—p anner review only) is 5536; • That the Applicant/Owner shal prepare and complete a Planting Plan for the shore ine area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to deve opment or site alteration.This will include the submission of a Coastal Engineering Report. Development Services June 5, 2024 Report No. DS2024-076 Page 15 of 16 Page 60 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... Lake Simcoe Region .*ise-vation whonty Page 5 of 5 Please inform this office of any decision made by the municipality with regard to this application. We respectfu ly request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(i.lim(sIsrca-on.ca). Sincerely, J Jessica Lim Planning Analyst Lake Simcoe Region Conservation Authority(LSRCA) Development Services June 5, 2024 Report No. DS2024-076 Page 16 of 16 Page 61 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... f�l Iw `F�V a N Y L R J �g I II CMCL • • o - T N .u,POOM d_ — 'S£4 soli O U O J � cn Q � OC U .� Ca > •— L O .� O O cl) •— co W L ■ ■ ■ ■ O a W . . cl) a O .— J N O C� Page 62 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re- Minor... r LO 0 k M o C v N _ ■_ a. 2 � t� _ f B� wl ' U t� ;{ , O _tea _� ,: o � � Page 63 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... 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I Illlp II'lllllll�i p{`����II ,, � x LO I , I ` I Ii il.�lilll IIIIII f j f, , tii��y `�' s �I I II�II'lllI III IIIIII I IIIIII I I� 4 �� f IIII��III II III f�U - , ' c x ,t N . .� � 1 tR R j•- R y 0 z U O CL •� cn o 4' U y O C� O CIO O O u Page 70 of 193 7.b) 5.55 p.m. DS2024-076, Catherine McCarroll, Senior Planner re: Minor... w O L 0 w 0 O _ •� U) cu a U C : LO : 0 00 i — LO a L >+ U a--� O O O 70 - 0 -0 C 0 � Co 0 0 CVo ) a) O > 0) Q � O \/�] ca vim) � � �' i .L O 0 / 0 L N cn o E 0 a) 0 0 � 0 Q L a) L O -0 L) LO ?� t6 U '0) .— � O _ +� 0 0)� 0 70 _ O 0 W N L -C c6 - � O = 0 0 0_ O 0 U a) 0 m cn m .o O a3 0 a3 U >, 0 N ca o U m M o E '0' o a' ai 0 70 a) Q c 0 O �-0 0 _0 O v cn cnw Oaf Q a) 70 c a) ? 0 J "- 0 � � OE � L � � a) � 0 coc� > L }' N � >, O 0) 0 cn o CU O �m � � a) O E (D .oL � cn 70 - c6 a) 0 _ 0 W O .� J 0 c E Q 0 0 0 � 0 ELQ- .� o � 0 00 -0U) a) o � o � M —_ u, ocn cn 0 � 00CMU) U) a) — -0 ,� — oi^ cmo V m Q cn O 0 ^ O0E O 'E � c� 0 .� 0 ~ 00 � 0 7 'o 0 0_ 3 o J 0 M L) cn CD cn 0 0 0 � -0 0 L, \ Lrj _ _ L 0 / 0 Q) � ai U)M (D— U : � m a) E cm 0 CLa) mc cn : cU . . cI) 2 a� E .� > cn 0 c m 0 L U) c' O `o 0co 0 o � •� oEM " -03: � � 0 � � ry o �' 0 cn 0 E O 0 O � O � 0 U �, O 0 c� 'a -C +- M 0 � N O U O O7 O U O E c0 0O •� 0 O'in0 E L) .O O cn �M 0 j ca Q >,"- — c6 O (/� >, m O L � O >, � > 0 O m J 0 0 0- � � U) + c Q 0 0 v c L 0 C6 H 0 0 cn Q L a [6 +- L +� W -c C � [0 E [6 0 Q C� 0_ m 07 a3 + ca O ca +. o � o � OLM � � � � o � D- o0 < O a) ri Page 71 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... - �W (W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: June 5, 2024 Report No.: DS2024-077 Subject: Minor Variance Application 2024-A-28, Elissa & Ian Balfour, 12 Country Club Lane Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-077 be received and adopted. 2. That Minor Variance Application 2024-A-28 by Elissa & Ian Balfour, specifically to permit a second apartment dwelling unit in the existing single detached dwelling with a floor area of 82.3 square metres (885.5 square feet), on lands municipally known as 12 Country Club Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-077. 3. The conditions are as follows: a) That notwithstanding Section 5.4 and Section 5.4 (c), the apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 5, 2024 Report No. DS2024-077 Page 1 of 10 Page 72 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... Background !r ,. f The purpose of this report is to facilitate the conversion of a portion of the basement into a second apartment dwelling unit located within the existing single w a detached dwelling. k _ . The subject property is located in ; the Horseshoe Valley SettlementOwl Area. The subject lands have a lot area of 0.15 hectares (0.37 - - acres) and contain a single o detached dwelling with one apartment dwelling unit. The location map is included as Schedule 1 to this report. Previous Minor Variance , ;.. gull Application (2021-A-81) .f j The applicants had obtained approval of Minor Variance Application 2021-A-81 on January 5, 2022 to permit an apartment dwelling unit with an increased floor area of 102.2 square metres (1,100.0 square feet). Minor Variance Application Proposal (2024-A-28) The applicants are proposing to convert a portion of the basement into a second apartment dwelling unit located in the single detached dwelling. The applicants are seeking relief to the following sections of Zoning By-law 97-95: ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED 5.4 Apartment One apartment Two apartment dwelling Dwelling Units dwelling unit is units in a single detached Accessory to a permitted in a single dwelling in the Residential Single Detached detached dwelling in One (R1) Zone. Dwelling the Residential One R1 Zone. 5.4 (c) Maximum Floor 70.0 square metres 82.3 square metres (885.5 Area of the (753.5 square feet) square feet) Apartment Dwelling Unit Development Services June 5, 2024 Report No. DS2024-077 Page 2 of 10 Page 73 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... The applicant's site plan and apartment floor plan are included as Schedules 2 and 3 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Additional Residential Units On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans. The Planning Act provides specific direction related to additional residential units to ensure that such units are serviced appropriately and scaled appropriately to ensure that the properties can accommodate the uses. The subject lands are located in a settlement area and are serviced by a private drinking water system and municipal communal tile system. The applicants will be required to provide Township Environmental Services with confirmation of the septic tank sizing and total fixture numbers as part of the Building Permit application. The existing driveway contains ample space for parking for all three dwelling units. Based on the above, the proposal is in-line with Province's objective to provide for additional dwelling units. Four Tests-Planning Act 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: Development Services June 5, 2024 Report No. DS2024-077 Page 3 of 10 Page 74 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are located within the Horseshoe Valley Settlement Area and are designated `Settlements' in the County of Simcoe Official Plan and designated `Low Density Residential' in Schedule B2 of the Township's Official Plan (2022). The Low Density Residential designation permits detached dwellings and additional residential units subject to the policies of Section 4.9. Section 4.9 of the Township Official Plan contains detailed policies with respect to additional dwelling units. Planning Staff have reviewed these policies against the applicant's proposal and are of the opinion that a second apartment dwelling unit in the existing single detached dwelling would conform with the Townships Official Plan as the additional residential unit would be contained within the existing single detached dwelling and the Township's Environmental Services Department has not expressed any concerns with servicing the additional dwelling unit. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended. According to the Township's Zoning By-law, one apartment dwelling unit is permitted in the Residential One Zone pursuant to Section 5.4. The applicants have requested relief from the Zoning By-law to permit a second apartment dwelling unit in the single detached dwelling with an increased floor area. Considering the changes to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall objective to provide a range of housing types and affordability; the legislative and policy basis for establishing a second apartment dwelling unit in a single detached dwelling is well established. Therefore, the focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context and in advance of the Township's Zoning By-law update. In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The applicants are proposing a floor area of 82.3 square metres (885.5 square feet). The total floor area of both apartments combined (total 184.5 square metres or 1,985.5 square feet) remains smaller than the existing single detached dwelling at approximately 277.6 square metres (2,988.5 square feet). The apartment's smaller size and its access from exterior basement stairs will help ensure that it will remain secondary to the primary residential use when viewed from the road. Site Visit photos are attached as Schedule 4 to this report. Based on the above, Planning Staff is satisfied that the proposed apartment dwelling unit conforms to the general purpose and intent of the Zoning By-law. Development Services June 5, 2024 Report No. DS2024-077 Page 4 of 10 Page 75 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, the building will maintain the appearance of a typical single detached dwelling when viewed from the road. The single detached dwelling will clearly be the main dwelling unit in terms of its' size, appearance and function. The apartment dwelling units would not stand-out, look out of place or detract from the character of the area. Furthermore, the property contains a long driveway with ample space for parking for all three dwelling units. Based on the above, Planning Staff is satisfied that the second apartment dwelling unit would be considered desirable for the appropriate 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 additional apartment dwelling unit is secondary and subordinate to the primary residential use on the lot and it is not anticipated to have any adverse impacts on the neighbouring properties. 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 are 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services June 5, 2024 Report No. DS2024-077 Page 5 of 10 Page 76 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... 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 Infrastructure and Capital Projects— No Comments. • Township Building Division — Building Division has no comment at this time. Property serviced by a communal tile bed; environment services to provide comment regarding the system being adequate to service additional apartment. • Township Environmental Services - The property is serviced by a private drinking water system. As such, Environmental Services is not able to provide comments related to drinking water supply. The property is serviced by the municipal communal tile system. Confirmation of septic tank sizing, as related to total fixture numbers, should be provided with any future building permit application. • Horseshoe Valley Property Owners Association (HVPOA) — Expressed concerns with the second apartment dwelling unit. • Neighbouring property owner— Expressed concerns with the second apartment dwelling unit. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Floor Plan Schedule 4: Site Visit Photos Conclusion Planning Staff recommend that Minor Variance Application 2024-A-28 be approved, specifically to permit a second apartment dwelling unit in the existing single detached dwelling with a floor area of 82.3 square metres (885.5 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, an represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, May 30, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services May 30, 2024 Brent Spagnol, RPP, Director, Development Services May 30, 2024 Development Services June 5, 2024 Report No. DS2024-077 Page 6 of 10 Page 77 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re- Minor... Schedule 1: Location Map 7 5 12 3 10 — - 1 � a ova e,�»w i e 4 4 +a R4..w. Q�n 2 1 2 T Horseshoe Valley Rd.W. 12 14 16 18 20 2 1 22 -- -- --- 24 q 3 26 6 5 � C 13 15 17 I 19 21 rp` 28 v 23 40 8 ' 0 25 30 Z g 27 10 i C' 29 32 12 r 11 31 34 14 13 1101 1101 33 18 15 22 35 17 19 21 23 25 27 Location 0 Subject Lands TnwasDipnf Proud Heritage,Exciting Fulm, 0 loom File Number-2024-A-28 ti I i t i Development Services June 5, 2024 Report No. DS2024-077 Page 7 of 10 Page 78 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Applicant's Site Plan �0 UNTRY CII U8 �p,NE C� MYT�� SANTANY OCMKC rim SEPTIC TAN( G SEPTIC KD AL �S \ F STREAM ov. 33145 D- � 1 1 $N 1 AD011gw �1T.. n yyy ocv.CL u�.e ,I 1 P EuoM 33,.34 � i IS" T/w s3z1a P B/w 731 4e Proposing to �x convert the --- basement into an ; apartment dwelling � REGRAK ENSW SWALE M ~AI/ unit. 1.51 SLOPE 51LT I Anom comy;t iDsa To Ow STo 7.6-M v� ToumuI- �f Site Plan Proud Heritage,Exciting Futurr File Number:2024-A-28 Development Services June 5, 2024 Report No. DS2024-077 Page 8 of 10 Page 79 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re- Minor... Schedule 3: Floor Plan FF:" II L I.I I I I I I I I I I I I I I I .I I I I I I I I �I I TO o• 0I I � I 'I I I I I I.I I I I I I � I I- I I I I C I I I I I I I I I I I I I I I I I I I I F I I I I I I I I I 'I I I I I I I I I I I I I I I .I GLO5E7 II I,I I I I I I I I I I _ I I I I '• �I I BEDROOM I, I I� lz3•xe•-lr I I I I I I I I w�maus'. 5•113�16' � 'i'lt i,��, 4'-115!IE" <ax36 m T4' 15-1113'lE- LMNG AREA Floor Plans �~ 'Ibu�rullipl�j Proud Heritage,6'xcitirlg Futurr File Number:2024-A-28 Development Services June 5, 2024 Report No. DS2024-077 Page 9 of 10 Page 80 of 193 7.c) 6.05 p.m. DS2024-077, Catherine McCarroll, Senior Planner re: Minor... 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Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: June 5, 2024 Report No: DS2024-078 Subject: Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-078 be received and adopted. 2. That Minor Variance Application 2024-A-29 by Foad & Esther Sabet specifically to install an inground swimming pool with a reduced interior side yard setback of 1.2 metres (3.9 feet) and a reduced setback from the average high water mark of Lake Simcoe of 15.0 metres (49.2 feet) on lands municipally known as 15 Georgina Drive, Township of Oro-Medonte, be deferred to allow the applicant the opportunity to address Lake Simcoe Region Conservation Authority comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 5, 2024 Report No. DS2024-078 Page 1 of 12 Page 90 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Background The purpose of the report is to provide information and a staff recommendation for minor variance application 2024-A-29 � with respect to a proposal to construct an inground swimming pool to be located Barrie Terrace between the existing dwelling and Lake Simcoe. The subject property has a lot area of 0.27 hectares (0.68 acres) and currently consists of ✓,��. a single detached dwelling. Surrounding land uses consist of single detached dwellings to the east and west, Barrie Terrace to the north and Lake Simcoe to the south. Minor Variance Proposal The applicants are proposing to install an inground swimming pool and are seeking relief to the following sections of Zoning By-law 97-95, as amended: Section 5.34 (b) — Minimum Interior Side Yard Setback for Swimming Pools Required: Proposed: 2.0 metres 6.5 feet 1.2 metres 3.9 feet Section 5.34 (c) — Minimum Setback from the Average High Water Mark of Lake Simcoe Required: Proposed: 20.0 metres 65.6 feet 15.0 metres 49.2 feet Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff received comments from the LSRCA and advise that there are identified natural hazards on the subject land (shoreline flooding and erosion hazards) and the proposal is within the erosion hazard limit of the shoreline steep slope. LSRCA note that the applicant prepared and submitted a draft Slope Development Services June 5, 2024 Report No. DS2024-078 Page 2 of 12 Page 91 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Stability Assessment, however, a finalized version of the report will need to be submitted. The report will also need to be updated to provide an analysis and recommendations for the most up-to-date civil drawings. The proposed development is also within 120 metres of the Lake Simcoe shoreline and within the 30 metre vegetation protection zone of Lake Simcoe, therefore the LSRCA will require the submission of a Planting Plan to the satisfaction of the LSRCA. As a result, the LSRCA are recommending deferral of the application until such time as consistency with Section 3.1 of the Provincial Policy Statement has been demonstrated through the submission of a finalized Slope Stability Assessment. 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 four tests in order for reviewers and approving committees to consider. The tests are tied to the following questions. 1. Does the proposed application conform to the Official Plan? 2. Does the proposal maintain the general intent of the Zoning By-law? 3. Does the variance represent desirable and appropriate development or use of the land, building or structure 4. Is the variance minor based on all relevant planning considerations? . In order for a minor variance to be approved, all four tests must be considered and satisfied. Planning Staff have reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures including swimming pools. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan as the proposed structure is accessory to main shoreline residential use. Do the variances conform to the general intent and purpose of the Zoning By-law? The minimum required setback from Lake Simcoe is intended to provide a buffer between structures and the shoreline that helps to protect structures from flooding, erosion and ice pile-up, as well provides space for a landscaped and/or naturally Development Services June 5, 2024 Report No. DS2024-078 Page 3 of 12 Page 92 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... vegetated buffer which helps to mitigate impacts on Lake Simcoe. While the Zoning By- law requires a minimum setback of 20 metres from the average high-water mark, the proposed inground swimming pool is to be setback 15.0 metres, which is consistent with the LSRCA's 15.0 metre setback requirement. Comments received from the LSRCA indicate that the proposal is within the erosion hazard limit of the shoreline steep slope and a finalized version of the Slope Stability Assessment will need to be submitted to ensure that the natural hazards policies have been satisfied. The purpose of such studies is to ensure that slopes are stable to avoid shifting of buildings for health and safety, avoid destruction of property and negative impacts to environmental features. It is on this basis that staff consider the request for a Slope Stability Study to be appropriate and are not in a position to determine whether the proposal maintains the general intent of the By-law in this regard. The general intent of the Zoning By-law in requiring the minimum setback from the interior side lot line is to ensure access around a structure for maintenance purposes. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that access around the swimming pool will be maintained. Based on comments received from the LSRCA with regards to conformity with the PPS, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The swimming pool is proposed to be located approximately 7 metres (23 feet) from the erosion hazard limit of the shoreline steep slope. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Planning Staff are not in a position at this time to comment on whether the requested variances would be considered desirable for the appropriate development of the lot. Is the variance minor? As mentioned above, a Final Slope Stability Assessment is required to assess the impact of the proposed development on the erosion hazard limit of the shoreline steep slope; therefore Planning Staff are not in a position to address whether the application is minor in nature. 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 Development Services June 5, 2024 Report No. DS2024-078 Page 4 of 12 Page 93 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... • 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 Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. 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 Operations — no comment • Township Building Division — no comment • Lake Simcoe Region Conservation Authority— refer to Schedule 3 Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Lake Simcoe Region Conservation Authority Comments dated May 23, 2024 Conclusion Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2024-A-29 be deferred to provide the applicant's with the opportunity to address the comments provided by the Lake Simcoe Region Conservation Authority. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, May 27, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services May 28, 2024 Development Services June 5, 2024 Report No. DS2024-078 Page 5 of 12 Page 94 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map oneYme Wlkv qa.F. onmM yeller qA.W. » 7 364 dq R4.". 3264 360 362 356 3350 352 346 ShanrJ BM Rd' Rig9e 2 Rq s 4 2 a` 14 10 4 �1 1 18 01 6 (�� 5 Barrie Terrace 3351 7 5 3 1 15--- 13 11 , l 9 9 7 17 15 13 11 Kempenfelt Say Location 0 Subject Lands Ti��an�nf —���C�-[17GG�� (�f Proud Heritage,Exciting hinuF 0 loom File Number:2024-A-29 ti I i i i Development Services June 5, 2024 Report No. DS2024-078 Page 6 of 12 Page 95 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan IJ;te9: prrnercY mformancn has a ee :t :c;-IOOJF:uv::����;GPERTY tern Mhnwed�ae.fran (13 GEORGINA DME) e6nemts TW't help warm 1 i the rea9er _ I (Aerwew cA Reeu Vd Charges ' F vn 5etbac-1:rr chaW- Wnt Side Yare Setback:ro r"narye I' l East Sul.Y,M 5ett-' I Enrsc� 2m(6.51 l Prvpuxd:l2m(4'J 2rar Yard Setback: _ E,Lisnrg:2fAh frnrr�nlyh w;rtcr rtr.+ Pinpb5ed:lCh,fha ho wcer man high water mark h,b,,6,Adrw Seeb k:ro chmge ` II (exlyting} 15 m aetbackfircm high water mark ,_... (propo5ed) ° 219.15m mark(from ✓ red Handy& LEGEND ° P,7"L�.-�L°yYt P•,55o6ate5 Survey) —..—PmFeay _ Prgcrcy Lrc Af+ntn:� - Pr:yrrcy I KF IPENFELr RA' ----��-E���b•r r-vr,y Setback ;LANE 51WOE) ...................Pmcoxe'ctp.�sr`rtsa:r To f Site Plan Oj Proud Heritage.,Exciting Futurr File Number:2024-A-29 Development Services June 5, 2024 Report No. DS2024-078 Page 7 of 12 Page 96 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Lake Simcoe Region Conservation Authority Comments May 23, 2024 Lake Simcoe Region 3 conservation authority ,,w;r.LSF Cr1.on.ca Sent via e-mail:planning@oro-medonte.ca May 23,2024 Municipal File No.:2024-A-29 LSRCA File No.:VA-11 3124-0 51 324 Andy Karaiskakis Secretary-Treasurer,Committee of Adjustment 148 Line 7 South Oro-Medonte,ON LOL 2XO Dear Mr.Karaiskakis, Re: Application for a Minor Variance 15 Georgina Drive Township of Oro-Medonte Owner:Foad Sabet Applicant:Toby Slack&Marette Sharp Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.It is our understanding that the Applicant/Owner is proposing to construct an inground pool.The Applicant/Owner is seeking to amend the Township of Oro-Medonte's Comprehensive Zoning By-law 97-95,to the following to perm it their proposal: • Relief from Section 5.34(b)of the By-law to reduce the minimum required side yard setback for swimming pools from 2.Om to 1.2m. • Relief from Section 5.34 (c) of the By-law to reduce the minimum required setback from the average high-water mark of Lake Simcoe from 20.m to 15.0m. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Site Plan(A1.0)prepared by Ted Handy and Associates(dated January 6,2005) • Landscaping Walls prepared by Ted Handy and Associates(dated January 6,2005) • Site Survey prepared by ODN Land Surveyors Inc(dated Octobre 23,2008) • Soil Stability Assessment prepared by Cambium Inc.(dated April 30,2024) • Engineered Pool Plans(SO.1,S1.1,&1.2)prepared by Tacoma Engineers(dated February 26,2024) • Proposed Conditions:Dimensions prepared by Majestic Pools(dated May'1,2024) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario UY 3W3 F 905.853,5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services June 5, 2024 Report No. DS2024-078 Page 8 of 12 Page 97 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region conservation aL tho,ty Page 2 of 5 Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020) and as a regulatory authority under Ontario Regulation 41/24 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies_ Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application, the proposal is not consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, we recommend deferral of the application until such time consistency with 3.1 of the PPS has been demonstrated through the submission of a finalized Slope Stability Assessment. Site Characteristics The subject land is approximately 2754.38 m2(0.28 hectares)in land area and is located south of Georgina Drive and north of Lake Simcoe within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is zoned 'Shoreline Residential'(SR)as per Schedule'Al'of the Township of Oro- Medonte's Comprehensive Zoning By-law Number 97-95, as amended. • The subject property is regulated by the LSRCA under Ontario Regulation 41/24 for shoreline flooding and erosion hazards, including shoreline steep slopes. • The subject land is located within a Significant Groundwater Recharge Area(SGRA). Development Services June 5, 2024 Report No. DS2024-078 Page 9 of 12 Page 98 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region conservation a�tho'ry Page 3 of S la►�cmro.4�c� 15 Georgina Drive.Rogulauon Mapping Fe lum /a --$Partin Ulaid Ganewa• LEPPFU<h qd — WiWm.aa Adam AM" �\ ❑ Lows nP Wr,w) i4 ra.wrr.. It d 21 41 Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject land (shoreline flooding and erosion hazards). Based on the information submitted as part of this application,the proposal is located outside of the shoreline flood hazard.The proposal is within the erosion hazard limit of the shoreline steep slope, therefore the submission of a Slope Stability Assessment, prepared by a qualified professional, is required to address the stability of the existing slope,the impacts of the proposed development,and construction recommendations. We note that the Applicant/owner has provided a draft Slope Stability Assessment, however a finalized version of the report will need to be submitted.The report will also need to be updated to provide an analysis and recommendations for the most up-to-date civil drawings. Development Services June 5, 2024 Report No. DS2024-078 Page 10 of 12 Page 99 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region conservation autho,ty Page 4 of 5 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 41/24.This regulation,made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Ontario Regulation 41/24 applies to the subject property. It appears that the proposed development will be within the regulated area,therefore a permit from the LSRCA will be required prior to any development or site alteration taking place. Advisory Comments 1. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through a MOU as well as through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan,2009(LSPP) As per 6.27-DP of the LSPP, "a proposal for new development or site alteration within 120 metres of the Lake Simcoe shoreline, a key natural heritage feature or a key hydrologic feature shall provide for the establishment and maintenance of natural self-sustaining vegetation to the extent and width of the associated vegetation protection zone..." The proposed development will be within 120 metres of the Lake Simcoe Shoreline and within the 30 metre vegetation protection zone of Lake Simcoe, therefore will require the submission of a Planting Plan to the satisfaction of the LSRCA. Plantings are to be native, non-invasive, non-cultivar species. Enclosed is a list of plants native to the Lake Simcoe watershed. Development Services June 5, 2024 Report No. DS2024-078 Page 11 of 12 Page 100 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region conservation authority Page 5 of 5 Summary Based on our review of the submitted information in support of the application, the proposal is not consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, we recommend deferral of the application until such time consistency with 3.1 of the PPS has been demonstrated through the submission of a finalized Slope Stability Assessment. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has not been demonstrated at this time; 2. Ontario Regulation 41/24 applies to the subject site. A permit from the LSRCA will be required prior to any development or site alteration taking place; 3. That the Applicant/owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule_The applicable fee for Minor Variance(Minor—planner review only)is S536_ Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned (s.oayneCa Isrca.on.ca)_ Sincerely, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services June 5, 2024 Report No. DS2024-078 Page 12 of 12 Page 101 of 193 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... lzi V N CL '--- O - O (D —0 Q C) CO L - .� L o O a C� a� Co w LO O W r t ca V� O ._ J N O C� Page 102 of 193 • • • , 1 I 1 • • • I I I I I • _ ■ I • _ _ z. t + SC h 1 • y k � • µ� tR IRI�'JJf��II 4 R IH - i s r 1 i ° I '4i4i 7.d) 6.15 p.m. DS2024-078, Andy Karaiskakis, Manager, Planning Services ... rt.Y 6 L a k a+ V/ u el FL N "' ui O �CcBB7300 a� U •L O �' a�i Q E N E a o w V N Oi / O Cn O Ln C E J •• 0 E aU o O f` E o v p E C O o � d0 U C z 2 c Ode- V) � CLr E CO — C 3 fe3 C a) -E to O N N v I 0 .C If! 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WON(W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: June 5, 2024 Report No: DS2024-083 Subject: Minor Variance Application 2024-A-30, Roger Chouinard & Julie Bussieres, 123 Robinson Street Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-083 be received and adopted. 2. That Minor Variance Application 2024-A-30 by Roger Chouinard & Julie Bussieres specifically to construct a new single detached dwelling with a reduced interior side yard setback of 1.25 metres (4.10 feet) (west setback to attached garage only) and a reduced setback from the average high water mark of Lake Simcoe of 17.62 metres (57.8 feet) to the wood deck and 15.85 metres (52.0 feet) to the wood deck stairs, on lands municipally known as 123 Robinson Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-083. 3. The conditions are as follows: a) That notwithstanding Table B1 and Sections 5.7(a) and 5.30 of Zoning By- law 97-95, the proposed dwelling 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 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 Development Services June 5, 2024 Report No. DS2024-083 Page 1 of 10 Page 108 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... report, prior to the pouring of the footing and if no footing, the foundation, that: i. the attached garage is no closer than 1.25 metres (4.10 feet) from the west interior side lot line; ii. the proposed wood deck is no closer than 17.62 metres (57.8 feet) from the average highwater mark of Lake Simcoe; and, iii. the proposed wood deck stairs is no closer than 15.85 metres (52.0 feet); d) That a permit from the Lake Simcoe Region Conservation Authority be required to be applied for prior to any development or site alteration taking place on the subject lands. Further, a Planting Plan prepared to the satisfaction of the LSRCA is required; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) 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. Background —� The purpose of the report is to provide information and a staff recommendation for minor variance } Rob,s n5. application 2024-A-30 with respect to a proposal to construct a single detached dwelling on the subject property. The subject property has a lot area of 0.4 hectares (0.98 acres) and a currently consists of a single detached dwelling, a detached accessory building and a boathouse. Surrounding land uses consist of single detached dwellings to the east and west, Robinson Street to the north and Lake Simcoe to the south - (refer to Schedule 1 Location Map). Minor Variance Proposal The applicants are proposing to demolish the existing single detached dwelling and construct a new dwelling with an attached garage and are seeking relief to the following sections of Zoning By-law 97-95, as amended: Development Services June 5, 2024 Report No. DS2024-083 Page 2 of 10 Page 109 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... Table B1 — Minimum Interior Side Yard Setback for Single Detached Dwellings (SR Zone) Required: Proposed: 3.0 metres (9.8 feet) 1.25 metres (4.10 feet) - west setback to attached garage only Table B1, Section 5.7 (a), Section 5.30— Minimum Setback from the Average High Water Mark of Lake Simcoe Required: Proposed: 20.0 metres (65.6 feet) 17.62 metres (57.8 feet) — to wood deck 15.85 metres 52.0 feet —to wood deck stairs The applicant's site plan, building elevations and 3D renderings are attached as Schedules 2-4 to his report. Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA and advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. As the proposed development is within 120 metres of the Lake Simcoe shoreline and within the 30 metre vegetation protection zone of Lake Simcoe, the owners will be required to submit a Planting Plan to the satisfaction of the LSRCA. A condition requiring the owners to apply for a LSRCA permit has been included in the recommendation of approval for this application. 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 four tests in order for reviewers and approving committees to consider. The tests are tied to the following questions. 1. Does the proposed application conform to the Official Plan? 2. Does the proposal maintain the general intent of the Zoning By-law? 3. Does the variance represent desirable and appropriate development or use of the land, building or structure Development Services June 5, 2024 Report No. DS2024-083 Page 3 of 10 Page 110 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... 4. Is the variance minor based on all relevant planning considerations? . In order for a minor variance to be approved, all four tests must be considered and satisfied. Planning Staff have reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures including decks. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan as the proposed dwelling is a permitted use in the Shoreline designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The minimum required setback from Lake Simcoe is intended to provide a buffer between structures and the shoreline that helps to protect structures from flooding, erosion and ice pile-up, as well provides space for a landscaped and/or naturally vegetated buffer which helps to mitigate impacts on Lake Simcoe. While the Zoning By- law requires a minimum setback of 20 metres from the average high-water mark, the proposed deck to be attached to the dwelling is to be setback 17.62 metres (57.8 feet), with the stairs accessing the deck to be setback 15.85 metres (52.0 feet), which is consistent with the LSRCA's 15.0 metre setback requirement. In Planning Staff's opinion, this would have no new or aggravating impact on Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum setback from the interior side lot line is to ensure access around a structure for maintenance purposes. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that access around the attached garage will be maintained. As such, Planning Staff is of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. A number of the shoreline properties in this area have obtained a Minor Variance to permit reduced setbacks. For instance, the property to the east located at 127 Robinson Street, obtained a Minor Variance (2009-A-14) to permit a new dwelling with a reduced interior side yard setback of 1.27 metres (4.16 feet) and the property at 111 Robinson Street obtained a Minor Variance (2022-A-05) to permit a new dwelling with a reduced interior side yard setback of 2.0 metres (6.5 feet) and a lakeside deck attached to the dwelling with a reduced setback to the average highwater mark of 18.12 metres (59.44 feet). Development Services June 5, 2024 Report No. DS2024-083 Page 4 of 10 Page 111 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... 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 dwelling will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to their scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. 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 Division — no comment. Owner to be aware of glazing requirements in Section 9.10.15.4 of the Ontario Building Code due to proximity Development Services June 5, 2024 Report No. DS2024-083 Page 5 of 10 Page 112 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... to property line. Building and septic permits will be required for the proposed construction. • Township Operations Division — no comment. • Lake Simcoe Region Conservation Authority - no objection. A permit from the LSRCA will be required prior to any development or site alteration taking place. A Planting Plan prepared to the satisfaction of the LSRCA is required prior to a permit being issued. • Resident at 117 Robinson Street— no concerns with the requested variance, but would like owner to be aware of the electrical supply to the new dwelling as the power line goes underground across 119 Robinson Street from the transformer to 123 Robinson Street. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Applicant's Dwelling Elevations Schedule 4: Applicant's Dwelling Elevation 3D Renderings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-30 be approved to permit the construction of a new dwelling with an attached garage with a reduced west interior side yard setback of 1.25 metres (4.10 feet) to the attached garage only and a reduced setback from the Average High Water Mark of Lake Simcoe of 17.62 metres (57.8 feet) to the wood deck and to 15.85 metres (52.0 feet) to the wood deck stairs on the basis that the proposal meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, May 29, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services May 29, 2024 Development Services June 5, 2024 Report No. DS2024-083 Page 6 of 10 Page 113 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... Schedule 1: Location Map .neYmc Wlkv xE.E. ennlm hlbv AA.W. » 7 oM B.nw W Vl N r .�t. C 385 504 530 157 1 Robinson St. 151 115 145 123 131 133 135 77 87 93 97 I 105 109 113 , Lake Simcoe Location ® Subject Lands 7'oivaskip n'f Proud Heritage,Exciting Fut ur 0 loom File Number:2024-A-30 ti I i i i Development Services June 5, 2024 Report No. DS2024-083 Page 7 of 10 Page 114 of 193 Te) 6-25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services Schedule 2: Applicant's Site Plan .................... ------- ....... 1 2W To f Site Plan Proud Heritage,Exciting Future File Number:2024-A-30 Development Services June 5, 2024 Report No. DS2024-083 Page 8 of 10 Page 115 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... Schedule 3: Applicant's Dwelling Elevations NOR M—, - - i R* rt Elmab i N.g_1'p• e Q - R 0 { _ ' Elevations Toumuhi �� f Proud Heritage,Exciting Futurr He Number:2024-A-30 Development Services June 5, 2024 Report No. DS2024-083 Page 9 of 10 Page 116 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... Schedule 4: Applicant's Dwelling 3D Renderings IL TT Mal - ■■fir awl ` r =j i "1" 1 � - � �117 Touwuhip o��.._. 3D Renderings Proud Heritage,Exciting Futurr File Number:2024-A-30 Development Services June 5, 2024 Report No. DS2024-083 Page 10 of 10 Page 117 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... 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M w Ln J Y O O O U O _O Q } Ln } O 0 = O • � N O O O � Ln 4— } Ln U m U 4) — 0 0 O 3 Z VJ O VJ� W O O O O } •� Q) � T z C ° p - L/) � � 3 } LD � U 3 U L O Ln 4- 3 O U O a a > 0 U Page 134 of 193 Te) 6.25 p.m. DS2024-083, Andy Karaiskakis, Manager, Planning Services,... 0 w 0 J N —mar j r j o 0 U U _ N Q a N U W p a „ _ - O 0 ^\ z vz NOME ---- ° 8 E w • Page 135 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: June 5, 2024 Report No.: DS2024-068 Subject: Minor Variance Application 2024-A-31, Daniel Vezina and Elaine Carr, 2219 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-068 be received and adopted. 2. That Minor Variance Application 2024-A-31 submitted by Daniel Vezina and Elaine Carr, specifically to: permit a detached garage with a setback of 4.1 metres (13.4 feet) from the front lot line on lands known municipally as 2219 Lakeshore Road East, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2024- 068. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 and Section 4 - Table B1 of the Zoning By-law, the proposed detached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the setback of the detached garage from the front lot line shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; Development Services June 5, 2024 Report No. DS2024-068 Page 'I of 9 Page 136 of 193 7.� 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... 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 detached garage is located no closer than 4.1 metres (13.4 feet) from the front lot line; e) That the applicants maintain and preserve the existing vegetative buffer on the interior and front property lines, or replace with a similar vegetative buffer if destroyed; f) That the Applicant pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule; and, g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), Demolition Permit, 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 applicants are proposing to - demolish the existing 34.8 square metre (374.6 square feet) detached garage and replace it with a 62.4 square metre (671.9 sa square feet) single-storey accessory building (garage) to be set back from the front property u' (lot) line the same distance as , ;.kesh......;` the existing garage. The I �- RobfnsonSt. - applicants are also demolishing -- the existing residence (cottage) \ "' sao ` -- - and building a new dwelling. The property is 0.133 hectares Lake (0.32 acres) in size with 18.5 s Somme metres (60.9 feet) of street frontage. Location An aerial photo is attached as ©SubWtLands , ,����������� Schedule 1 to this report. H.1-1.2- � The Property is zoned Shoreline Residential (SR). Development Services June 5, 2024 Report No. DS2024-068 Page 2 of 9 Page 137 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... Minor Variance Proposal The applicants are seeking relief from the minimum setback from the front lot line for a proposed new detached garage under the provisions of Zoning By-law 97-95, as amended. The new garage will replace the existing garage the applicants plan to demolish. The new garage is proposed to be set back the same distance from the front property line as the existing garage. The applicants' sketch is attached as Schedule 2 to this report and elevation drawings are attached as Schedule 3. It is noted that in the (SR) Zone an accessory garage is permitted in the front yard of a lot that abuts Lake Simcoe with a minimum set back distance equal to the required front yard for the main building from the front lot line. This is addressed in the following section of the Zoning By-law. Section 5.1.3 a), Permitted locations for detached accessory buildings and structures in all zones - set back from the front lot line. Required: Proposed: 7.5 metres 24.6 feet 4.1 metres 13.4 feet Analysis 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' under the Township Official Plan and Rural under the County Official Plan. County and Township Official Plans generally allow for the construction of a detached garage on a lot in a residential area. Staff is of the view that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans. Development Services June 5, 2024 Report No. DS2024-068 Page 3 of 9 Page 138 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... Does the variance conform to the general intent and purpose of the Zoning By-law The subject property is zoned Shoreline Residential (SR) under the Township's Zoning By-law 97-95, as amended. Detached garages are permitted in this zone subject to certain provisions (building size, minimum setbacks, height, etc). Detached garages are permitted in the front yard of lots that abut Lake Simcoe provided they are set back from the road equal to the distance of the main building on the property. The primary purpose of the front yard setback is to ensure separation of structures from the road allowance and to ensure that there is sufficient amenity space and parking on the property. There is an existing structure (garage) to be removed, and the proposed new structure (garage) will be setback the same distance as the existing structure. Township Operations Department has no concerns with the setback, and the structure will not impact the parking provided on the property. In Planning Staffs opinion, the proposed accessory building would be clearly subordinate and secondary to the main dwelling. The proposed detached garage meets all other Zoning By-law provisions for an accessory building in the (SR) Zone. Based on the above it is staff's opinion that the minor variance conforms to the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the shape of the property, the location of the proposed garage in relation to the proposed new home, and its proximity to the interior and front lot lines and is satisfied that the proposed addition is not out of character on the property. Upon a site visit, Planning Staff noted that the proposed accessory building would be set back from the road similar to garages on other neighbouring properties on the street including both neighbours. In Planning Staff's opinion, the proposed design and size of the accessory building would be secondary and subordinate to the applicants' proposed new 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. 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. The Lake Simcoe Region Conservation Authority (LSRCA) was circulated the subject application and confirmed that although the subject property is located within the regulated area, the proposed accessory building is outside the regulated area. The LSRCA has no objection to the application and a permit is not required. Development Services June 5, 2024 Report No. DS2024-068 Page 4 of 9 Page 139 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... There is a hedge on the interior property line closest to the proposed location and along a portion of the front property line. Staff are of the view that the hedge is an important vegetative buffer between properties and should be maintained. A condition of approval to that effect is recommended. Due to the proximity of the proposed garage to the interior property line, a condition of approval is required to confirm the location of the foundation wall by having it pinned to verify that the attached garage is located no closer than 4.1 metres (13.4 feet) from the front lot line. Based on the above, Staff is 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 minor variance to the front-yard setback is minor in nature and is not anticipated to have any adverse impacts on the neighbouring shoreline residential properties and will not detract from the use and enjoyment of nearby properties. 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 an adverse effect on the character of the surrounding area, 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 Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: Well Planned Development Development Services June 5, 2024 Report No. DS2024-068 Page 5 of 9 Page 140 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... 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 Operations Department— No comments • Township Building Department— Provided the following comments: o Owner/Applicant to be aware that the following will be required: ■ Building Permit required for the addition • Lake Simcoe Regional Conservation Authority— Provided the following comments: o No objection to the application o That the Applicant/Owner pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536.00. Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-31 be approved, 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: George Vadeboncoeur, RPP, Manager, Planning Special Projects, May 28, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services May 28, 2024 Brent Spagnol, RPP, Director, Development Services May 30, 2024 Development Services June 5, 2024 Report No. DS2024-068 Page 6 of 9 Page 141 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph u� r _-- Lakeshore Rd.E. Robinson St. N y� N C J CC Ii C Aerial i Q Subject Lands Tinwuliip of , Proud Heritage,Escitm.Q haure 0 100 Ill File Number:2024-A-31 I i Development Services June 5, 2024 Report No. DS2024-068 Page 7 of 9 Page 142 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicants Sketch UUCE s�coE _ - 1 1 �I 1 1 o s o I A 1 I • . I s I 1 1 1 1 � I I � I ' 2 �• � Proposed Garage .� lie L . I LAKESHORE Pao EAST r Development Services June 5, 2024 Report No. DS2024-068 Page 8 of 9 Page 143 of 193 6-35 • 068 George Vadeboncoeur, Manager, • Specia Schedule • • Elevations and Artist Rendition 1. View of garage looking North-East I- DODD - DODD DODD DODD ODED DODD 2. View of garage looking South-West (facing neighbour's property) TR 3. Artist Rendition of Proposed New Garage and Principle Residence n�nnnnnn�nn� �r== - n nn�n�nnnn�nnnnnnn�= i Development - Report No. 0. Page 44 of • 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... w - CM CL 0 - C Snawn O -T O i uU o ca Q N M N (1) W U > 0 � o cuL — O > O — J a t W co w r L ■ ■ . . N O a W N M (1) . . Cl) a O ._ ♦a C •— G� M •— u L J N O C� Page 145 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... w w +� a 1 o x .a V/ M � f a O � i � U Q �N U � y O t¢ �l O 4 d) a � a- Page 146 of 193 7.� 6.35 p.m. DS2024-068, George Vacletvoncoeur, Manager, Planning Specia... J cb � 4 N y 3 C y i oZ R co Q � C C N � � CD •v a o an � U L p C N c Co O M m -0 U ti a, •� Qcn � s N (� C/) C + M CZ 5— v � � N 0 E -a E U) o c c Q cn a) ts 00 �-• t/1 N � �"'� 0 +� C M 0 L u) �1♦ !•- W L. 0 N U N O Sri �i a� 0) U) U) M MI Page 147 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... y w o x 'E C CM Q N O N O IL � CD O � U CIO O O � cj CD > . . L— .O O �= C M v CL CL a Page 148 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... �o a � - O — O O ❑❑❑❑ ❑❑❑❑ EEEE c� ❑❑❑❑ — Q 'N ❑❑❑❑ — ❑❑❑❑ — O O ❑❑❑❑ — CU > ❑❑❑❑ — � I _ > . . C O o c� 4) w C M U CL CL a Page 149 of 193 7.� 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... } w o x Offw++ � CIO 11, { x � r L CV O O O he . : O ca L. J CO UU Q 'N U � Cz W-M W O — O G � i O O hC O ca �4 J J Page 150 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... O Q M O L CL N O N � C- , L �... O L O yU v O Q ' N E U > .� �.� . W cz o L U) : i O x W Page 151 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... w O w U) a O L O O CL C O C� r 0 M L �A r W O N o O i aD C� C6 O L der LL .0 .� v 0 t O C n V W L ca ,# cz O ,C � +�+ M P. IMP M 00 i r N M O O tm N N t� W Q. E C O L Page 152 of 193 7.� 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Specia... w w +� a 1 o x .a CIO Q N O � C- �I CO c> > imp o (� O O J O Cam_ G Page 153 of 193 7J) 6.35 p.m. DS2024-068, George Vadeboncoeur, Manager, Planning Speciac CD ... U o W o L O U Q� — .> L w t0 C L (1) a) N O cm O cu x a) O N O O O N c L L O cz (^6' ��' O C .O U } L W E cn O r �' O O ~) LO O o - O O U LQL "=�o �caM iUn o aa) (0 � O �wL->, i a) >O OL COn0 a) ca � � O o 'cm En w _ � o M(� ' i U a) O .0 O a) U CD a) � � •� J U L LL QN � � � Im Xa) � � � 0 0 � 2 oo � aoia) coa) V / M O 0 � L o U) > a� m .L - .— O O m o m o � � m Q � � � � w o 0 Q- 0) c6 - _ ai L > C (0 (6 Q) O) ^ (B (n �N _� dY 0 (6 L t0 L � J O N L L .� O M � � � � W Q -0a `E � � � �- 0 �- Q MOL mM � � � � � O m m � L o 4— N o � (on . . a) (n N o .� o E Q U) a) (n U o O M > >> N O a) m .� M M O .� O O M (n .� Mo ca •� M � c.) o ca cn (n v O n a M � o a) o o o � � m � o � a-C � 0 c) H (nH � H .� H > OH � HH � ca -0 U a) co Page 154 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: June 5, 2024 Report No.: DS2024-069 Subject: Minor Variance Application 2024-A-33, Glenn and Amy Fillmore, 11 Richelieu Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-069 be received and adopted. 2. That Minor Variance Application 2024-A-33 submitted by Glenn and Amy Fillmore, specifically to: permit an attached garage with a setback of 1.50 metres (5.0 feet) from the interior side lot line on lands known municipally as 11 Richelieu Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-069. 3. The conditions are as follows: a) That notwithstanding Section 4, Table B1 of the Zoning By-law, the proposed attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the setback of the attached garage from the interior lot line shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) That the two existing shipping containers be removed from the property prior to occupancy being granted for the addition to the dwelling unit; Development Services June 5, 2024 Report No. DS2024-069 Page 'I of 9 Page 155 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... 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 attached garage is located no closer than 1.52 metres (5.0 feet) from the interior side line; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) 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. Background Ches kCrew. i I The applicants are proposing to b ,a construct a 71.3 square metre (768.0 square foot) two bay garage to be attached to the side of the existing dwelling at 11 Richelieu Road. Champlain Crew, i IFr I The property is 0.148 hectares (0.36 G, u u I r,t _ _:: acres) in size with 24.41 metres (80.0 I S feet) of frontage containing a single detached dwelling. An aerial photo is attached as Schedule 1 to this report. ,a 15 1 ' I ' ` a The Property is zoned Residential IM tW R ,eGG 1.2 I M. I.rG One (R1). Warminster SM. I I I Location ' ©Subject Lands o ,o Minor Variance Proposal The applicants are seeking relief from the minimum setback from the interior lot line for a proposed attached garage under the provisions of Zoning By-law 97-95, as amended. The applicants' sketch is attached as Schedule 2 to this report and elevation drawings are attached as Schedule 3. Development Services June 5, 2024 Report No. DS2024-069 Page 2 of 9 Page 156 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Section 4, Table B1 Zoning Provisions the minimum interior side yard setback for a single detached dwelling (attached garage) is follows: Section 4, Table B1 Interior Side Lot Setback for a Single Detached Dwelling Required: Proposed: 2.5 metres 8.2 feet 1.52 metres 5.0 feet Analysis 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 `Rural Settlements' under the Township Official Plan and `Settlements' under the County Official Plan. County and Township Official Plans generally allow for the consideration of an attached garage onto an existing single detached home in a settlement area. Staff is of the view that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans. Does the variance conform to the general intent and purpose of the Zoning By-law The subject property is zoned Residential One (R1) under Township Zoning By-law 97- 95, as amended. Attached garages are permitted in this zone subject to certain provisions (building size, minimum setbacks, height, etc). The primary purpose of the interior side yard setback is to provide access to the rear yard of the property, and to provide for a degree of separation between neighbouring properties. When staff visited the property and reviewed the proposal in detail, it was determined that access would continue to be maintained to the rear yard. The proposed addition meets all other Zoning By-law provisions for dwelling units in the (R1) Zone. Development Services June 5, 2024 Report No. DS2024-069 Page 3 of 9 Page 157 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Based on the above it is staff's opinion that the minor variance conforms to the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed variance in the context of the shape of the property, the size of the proposed addition in relation to the existing home, and its' proximity to the interior lot lines and is satisfied that the proposed addition is not out of character on the property. In addition, the neighbours' garage is setback 1.46 metres (4.9 feet) from the interior property line to the subject property (approved under Minor Variance Application 2008-A- 31). If this minor variance is approved, there would be approximately 3.04 metres (10.0 feet) between the two garages leading to the rear of the properties. Staff is of the view that the addition is proposed in an appropriate location on the lot - at the end of the existing driveway adjacent an existing garage. The proposed attached garage will replace the two shipping containers that are currently on the property, providing a much nicer aesthetic view from the street. The shipping containers are to be removed upon occupancy being granted for the addition. A condition of approval to this effect has been included in the list of conditions. Based on the above, Staff is 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 minor variance to the interior lot line setback is minor in nature and is not anticipated to have any adverse impacts on the neighbouring residential property. The peaked roof design will provide some variety to the roof lines along Richelieu Road, but will be consistent with the roof lines on other garage additions in the neighbourhood. 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 an adverse effect on the character of the surrounding area, 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. Development Services June 5, 2024 Report No. DS2024-069 Page 4 of 9 Page 158 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... 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 Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development 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 Operations Department— No comments • Township Building Department— Provided the following comments: ■ Owner/Applicant to be aware that a Building Permit is required for the addition Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-33 be approved 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: George Vadeboncoeur, RPP, Manager, Planning Special Projects, May 28, 2024 Development Services June 5, 2024 Report No. DS2024-069 Page 5 of 9 Page 159 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services May 28, 2024 Brent Spagnol, RPP, Director, Development Services May 28, 2024 Development Services June 5, 2024 Report No. DS2024-069 Page 6 of 9 Page 160 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph A; a r r � r Georgian Dr. =+wr. 'A. f l Aerial -� Q Subject Lands Proud Heritage,Exciting I is:- 0 100 m File Number 2024-A-33 N I Development Services June 5, 2024 Report No. DS2024-069 Page 7 of 9 Page 161 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicants' Sketch f i GENERAL NOTES MO Sn WCASUNEMENCS IRC4 SeiCOE COUNT' AU tfMftR 0S ARE APP UVAIE IN FEET A%O Proposed Attached Garage Development Services June 5, 2024 Report No. DS2024-069 Page 8 of 9 Page 162 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Building Elevations S t! 0 00 ------------------------------ _ --- c=---------------------------------------=' PART EAST ELEVATION PAR` SCUTH FI FVATION .8 ® o0 0o r o0 00 E==Ij ----------------------------- LEST ELEVATIO\ Development Services June 5, 2024 Report No. DS2024-069 Page 9 of 9 Page 163 of 193 7.g) 6-45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia �� zi IT VU nallepla co (Y) — — — LX E 4-0v _1-. -`" 0 L) j ....... 0 E < a) Ca C TOM W M E 0 Wca > ONEEN 0 Cl) 0 u W iR W M F O TOM 5 W T- W No a Ii 0 ONEEN C ONEEN u a ONEEN J t N 0 Page 164 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... Izi. w M M tOt •— m CL 0 O � v N O LL t� N U � — O 0— E Q IL O U tz cz ifl O 1_. 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Q �e II II II II co O N I � a O M W �o ;I U � ' = O IE e Q II 2 II Is I QIt El 0 11 a "%—/ k i U H 11111111111 -- v No CO/ C O o 5 WA+ L W V/ C V CL ii a Page 167 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... w � + a O x M O co O Q � N U � — O Q IL O U � C� O •� to Cz C L— :2 O O — as tr'u V � O '" LL - R Page 168 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... w Iq coQ, b ■_ \' O o cu v U � a - o Q i.L C o U '- C� p C6 l O O o t .,4 L v d` i' / L Page 169 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... O LM O CIO LM TOM cu � Z N _ _ O N � O v M U 00 cL E L. N - .-00 Q = O a� U W� j •� LM (� Z O O Q� L l p C O +� l� J O u Page 170 of 193 7.g) 6.45 p.m. DS2024-069, George Vadeboncoeur, Manager, Planning Specia... cn :t! c � ca a) E a) 4) w cn U N 0 '= Co U t6 (6 : m a) N >' 4- C � :3 Lam `~ U [6 N U w �O O M 0 C -0 O a) � � a) + O O co � ° 4- 4-1 r 0 L U cn . '� Q) 'U O U Q �.. c� a) — o E o cn 1 0 Q U 4-1 ° O 0 cn N Qm � a) � •� � � C 'U � [6 >+ (6 a) co + N ° cU o c - ) r w L a a) � E '� a) 0- a: a) a) O C) U o o 4-1m ° a, � �cu = oU E cn +� 0 > +�CO n^, c' ° '_� a� w ° ° U p a- U 00 = U) O cOWNa) _ N m ca ° 0 � O c" � cn o _ oL a) O Q ° a) a) ° a) 0 uJ E a) O i w = O_ L O > m a) En (6 - L _ U) C +r 0 (6 J 0cn V U w a) 0 4- O +r 0 U) O N U can > a) O cn O C O L Q) c6 c Q � >' 'fn Q L '> L .0 N a) '2 U O O m 0 ,V a) c a) U) c O O O Coco ca a) ca Q) O 6 O L- O 0 m m o M Page 171 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... 0; Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Brent Spagnol, Director, Development Services Meeting Date: June 5, 2024 Report No.: DS2024-081 Subject: Minor Variance Application 2024-A-27, Brown, 2299 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-081 be received and adopted. 2. That Minor Variance Application 2024-A-27 be approved subject to conditions outlined in Report DS2024-081 to specifically provide relief from By-law 97-95, as amended, on lands municipally known as 2299 Lakeshore Road East, Township of Oro-Medonte to permit an oversized accessory building (garage/shop) as follows: • Front yard setback of 2.0 metres (6.5 feet), • Interior lot line setback of 1.2 metres (4.0 feet) • Maximum height of 6.1 metres (20.0 feet) • Maximum floor area of 113.7 sq m (1,224.0 sq ft) • Maximum lot coverage of 8.5%. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 a), Table B1, Section 5.1.3 d), Section 5.1.4, Section 5.1.5 and Section 5.1.6 the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; Development Services June 5, 2024 Report No. DS2024-081 Page 1 of 10 Page 172 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... 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 detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the appropriate Lake Simcoe Regional Conservation Authority permit be obtained and Zoning Certificate, Engineered Lot Grading Plan (if required) 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; e) That the existing cedar hedge located along the front lot line and north- western interior lot line be preserved and maintained. If replacement is required, vegetation of a similar species and height is to be re-instated; and, f) 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 that the detached accessory building is no closer than 2.0 metres (6.5 feet) from the front lot line and no closer than 1.2 metres (4.0 feet) from the interior lot line. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide " information and a staff recommendation to �00_ Development Services Committee regarding Minor Variance application 2024- A-27, which is intended to provide relief from the comprehensive zoning by-law to facilitate the construction of an accessory detached garage/shop that exceeds various requirements of the zoning by-law. The subject property is located at 2299 4 Lakeshore Road East within the southern portion of the municipality along Lake Simcoe. The property consists of a total lot area of approximately 0.123 hectares (0.30 acres) and consists of a two-storey house (262 square metres-2,820 sq ft). A temporary Development Services June 5, 2024 Report No. DS2024-081 Page 2 of 10 Page 173 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... tent is currently being utilized to provide shelter to a car and trailer as the existing house does not include a garage. The property consists of significant mature tree and shrub cover along its' entire perimeter. The surrounding area primarily consists of lakeshore residential properties. Minor Variance Proposal The proposed garage/shop is to be utilized for the storage of classic vehicles and items incidental to the main residential use of the property. The existing house does not include a garage and the proposed structure is intended to replace a temporary tent being utilized to store a vehicle and a trailer. PROPOSED MINOR VARIANCE Shoreline Residential SR ZONE SECTION PROVISION PERMITTED APPLICATION PROVISION Section 5.1.3 a) Front Yard Setback 7.5 metres 2.0 metres and Table B1 Minimum 24.6 feet 6.5 feet Section 5.1.3 d) Interior Lot Line 2.0 metres 1.2 metres Setback Minimum 6.5 feet 4.0 feet Detached Accessory 4.5 metres 6.1 metres Section 5.1.4 Building Height (14.7 feet) (20.0 feet) Maximum Section 5.1.5 Lot Coverage 5% 8.5% Maximum Detached Accessory 70.0 sq m 113.7 square metres Section 5.1.6 Building Floor Area (753.5 sq ft) (1,224.0 sq ft) Maximum Additional gross floor area and height for the accessory structure is being proposed to accommodate a vertical lift system as the property has spatial limitations to accommodate a garage/shop with a larger foot-print. The minor variance application is specifically seeking relief as referenced in the chart above. The proposed accessory garage/shop is to be located in the north-western corner of the property. The applicant has indicated that an arborist assessed the site to confirm a location to maintain the health and root system of mature cedar hedges, which currently APPROXIMATE LOCATION OF provide a substantive visual PROPOSED buffer. GARAGEISHOP ` �. Schedules 1 and 2 provide a site plan and preliminary draft elevations for the proposed accessory building. Development Services June 5, 2024 Report No. DS2024-081 Page 3 of 10 Page 174 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? 3) Does the proposed minor variance represent desirable development for the area? 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan (2024) The Township of Oro-Medonte Official Plan designates the subject property `Shoreline', which allows for the establishment of residential 4.. ._.., uses along shoreline areas of the municipality. The designation permits accessory buildings such as garages, boat E--------- houses and sheds that are incidental to residential and Iakeshore-oriented uses. The proposed application conforms with the official plan as it would facilitate the construction of an �•� accessory building that is incidental Lake to the residential and lakeshore- Simcoe oriented uses of the subject property. Existing Zoning +� Oro-Medonte Zoning By-law 97- 5R(�,���R��"n�� 95 Subjea UndS A/RU(aRncuttu�aVRuraq - The subject property is zoned N , i Shoreline Residential (SR), which permits residential uses and Development Services June 5, 2024 Report No. DS2024-081 Page 4 of 10 Page 175 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... accessory structures such as detached garages/shops, boat houses, sheds, gazebos etc. As previously noted, the proposal is intended to obtain relief from provisions of the By- law related to building size maximums (Height, Gross Floor Area), Lot Coverage and lot line setbacks (Front and Interior). Building Size Maximums The intended purpose of maximum zoning provisions related to building size is to ensure that buildings are sized appropriately for the permitted uses and subordinate to the main use of the property. The chart provides a comparison of the size of the proposed garage in relation to the existing house. BUILDING SIZE COMPARISON HOUSE PROPOSED GARAGE/SHOP GROSS FLOOR AREA 262 Sq M. (2,820 sq ft) 113.7 Sq. M (1,224 sq ft) HEIGHT (Mid-point-Peak & 7.4 metres (24'4") 6.1 metres (20') Eaves) The proposed minor variance is considered to maintain the general intent of the by-law as the total gross floor area and height of the detached garage/shop will be less than the two-story house on the property and will provide additional opportunity store items incidental the residential use indoors. Lot Coverage Maximums Maximum lot coverage provisions are intended to avoid overcrowding of properties to ensure that there is adequate access within property limits and to maintain orderly development. While the proposed relief for lot coverage could be considered excessive from a numeric perspective, approval would facilitate one consolidated building for storage purposes without hindering access around the existing house within the limits of property, which is in-keeping with the general intent of the By-law as the proposed lot coverage is not anticipated to result in overcrowding of the property. Minimum Lot Line Setbacks Minimum lot line setbacks are intended to establish a minimum distance from lot lines to ensure that buildings are set back to avoid negative impacts to neighbouring properties and to promote a standardized placement of buildings. Front yard setbacks are Development Services June 5, 2024 Report No. DS2024-081 Page 5 of 10 Page 176 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... generally intended to ensure that adequate lands are available for potential municipal works like road widenings. Established Built Line for --, - Accessory Structures y Subject Property The proposed front yard setback for the garage/shop maintains the intent of the By-law as it will provide adequate distance from the road allowance for drainage purposes and would not detract from the established built line of existing accessory buildings along Lakeshore Road East. The proposed side yard setback is also considered to maintain the intent of the By-law as the building would be situated an adequate distance from the interior lot line and would not interfere with drainage on the property. Appropriateness The test of appropriateness is generally determined based on a variety of considerations which include the following: Potential Offsite impacts Compatible with permitted uses Neighbourhood character Mitigative property features (vegetation, property size, elevations etc..) The proposed building is considered to be appropriate development as it would be situated in the front yard in a location similar to other properties in the neighborhood. A mature row of cedar hedges (13' +/- height) run parallel with the front and interior lot line lot line, which provides a visual buffer from the street and the neighbouring property. Development Services June 5, 2024 Report No. DS2024-081 Page 6 of 10 Page 177 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... In order to ensure the preservation of the existing visual buffer (cedar hedge), staff are proposing a condition of approval to ensure its' preservation that would also require replacement of the cedar hedge if it were to perish. 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 Corporate Strategic Priorities • Well Planned Development 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: • Alderville First Nation email dated May 16, 2024-Requesting an Archaeological Assessment • Township Operations email dated May 24, 2024-No objection and emphasis to maintain existing side yard drainage. • Lake Simcoe Region Conservation Authority letter dated May 24, 2024- Requirment for payment of review fees and a development permit pre-building permit. Alderville First Nation have requested an archaeological assessment of the property prior to construction. While Cultural Heritage is of the utmost importance, Section 4.7.4 of the Official Plan generally waives the requirement for an archeological assessment for minor variance applications. Given that the property is developed/disturbed and that there are protective regulations governing construction within the Natural Heritage Act, staff are not recommending a condition of approval requiring an archaeological Development Services June 5, 2024 Report No. DS2024-081 Page 7 of 10 Page 178 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... assessment as the proposed development qualifies as being `minor' under the Official Plan. Attachments Schedule 1: Site Plan Schedule 2: Garage/Shop (Elevations & Floor Plans) Conclusion The proposed minor variance is considered to be minor as the application meets the requisite tests under the Planning Act for the following reasons: - The application generally conforms to the `Shoreline' designation as the use is incidental to the residence; - The proposed minor variance maintains the general intent of the zoning by- law as the garage/shop would be subordinate and incidental to the permitted main residential use on the property; - The application is considered to be appropriate development as negative offsite impacts are not anticipated; - Property consists of mature tree and shrub vegetation that provides a visual buffer from the building and is to be maintained as a condition of approval. Therefore, staff recommend the approval of Minor Variance 2024-A-27 subject to the conditions referenced. Respectfully submitted, Brent Spagnol, RPP, Director, Development Services May 27, 2024 Background Information/Relevant Reports Not applicable Development Services June 5, 2024 Report No. DS2024-081 Page 8 of 10 Page 179 of 193 Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... Schedule 1 — Site Plan sWar.—d Ced rMed�e � new Mple Z uwrr r+ FWM I, 1 a wW l rgrr �p — arPn tw11 VIM Development Services June 5, 2024 Report No. DS2024-081 Page 9 of 10 Page 180 of 193 IN ■ . ■. INN No 0 ME ONE .. ■■■ ,.j i ■C ■PRE■� ■■ /I■ �� ■ ■ No •..1■I■ ��� ■ ■ ■ ■r� ■■OWNS i■ R ml IM r� ■■O ■ err- ir I 1� i•011 jam■ III fir' Am r•.. ter• ��Ljaw �i� fir! ■�� DSO ■ rim!i OR � Th) 6.55 p.m. DS2024-081 , Brent Spagnol, Director, Development Services... �o x �r N Q N C 4� OC yA N ;A� � o O CO o Ji U J O Q m M -� N W � U -0 U) O M � OC Cu L O > O - J t W co w N O a W N M M (1) . . 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O_ O U O O E O L O C � O L a) O_ O J OU 7 CMO U ca - a) O 0 a) m c 4-� 0- � ca mO O E O 0 0 O Oc0 0 0 (n a) 0 � B � -0 Lit- a) 0 to = to U t6 O t6 L �--' O � L � L O V 0 O_ � cn w -aH EH > 012 O U _0 a) a .� CO Page'188 of 193 8.a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee R... 4 Toumship o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Brent Spagnol, Director, Development Services Meeting Date: June 5, 2024 Report No.: DS2024-082 Subject: Fee Refund Requests-Big Cedar-Minor Variance Applications/Options Report Type: Requires Action Motion No.: Recommendation It is recommended: 1. That DS2024-082 Fee Refund Request-Big Cedar-2024-A-17 & 2024-A- 23/Options Report be received and adopted; 2. That staff proceed with Option as outlined in this report. Background The purpose of this report is to process refund requests (Attachment 1) from Big Cedar Park for fees associated with two minor variance applications that were considered and approved by Development Services Committee. Big Cedar Park is primarily an adult lifestyle community located on the north-eastern corner of Line 12 North and Bass Lake Side Road. The development is currently designated `Rural', `Greenlands' and `Agricultural' and maintains split zones being Agricultural/Rural Exception (A/RU*7) Zone and Environmental Protection (EP) Zone as shown on the following map. Development Services June 5, 2024 Report No. DS2024-082 Page 1 of 5 Page 189 of 193 8.a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee R... a 0 EP RUR4� OS ; RUR1*5Y A/R EP A/ A/RU*209 f- A/RU*7 The property consists of a developed portion to the southwest and is surrounded by tree vegetation and Evaluated and Unevaluated Wetlands to the northeast. Planning approvals are required for building construction on residential buildings currently within (EP) Zoned lands. Minor Variance Applications 2024-A-17 (Sotirakos) and 2024-A-23 (Reed) were considered by Development Services Committee in February and May 2024. The Nottawasaga Valley Conservation Authority (NVCA) did not object to either application. At the May 1st, 2024 meeting, Development Services Committee sought clarification regarding the following: • Historic reimbursement of application fees associated with the Big Cedar Development • Standard Township process to which fees are typically reimbursed • Clarification regarding the utilization of staff resources • Alternative Options to minor variance applications Development Services June 5, 2024 Report No. DS2024-082 Page 2 of 5 Page 190 of 193 8.a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee R... Analysis Refund Requests The determination as to whether a refund is appropriate rests within the authority of Council. Standard process requires such requests to be facilitated through a Council resolution. Refund requests regarding minor variances within the Big Cedar Park Development have been facilitated for past minor variance applications by way of resolution by Council, which re-imbursed application fees ($700 per application). Staff resources are applied to the processing of minor variances as these reviews require analysis related to the four tests based on the information submitted for each application. The following options have been communicated to the Big Cedar Park: • Private Rezoning Application-Private application for rezoning could be submitted by Big Cedar Park accompanied with an Environmental Impact Study to assess the impact of a portion of the property from (EP) to (A/RU*7). A blanket rezoning would remove the need for multiple minor variance applications for future development that would normally comply with the standards of the By-law. Cost of a zoning by-law amendment could be waived as per the Township fees and charges by-law provided the adjustment to the (EP) Zone is supported by the NVCA and/or Ministry of Natural Resources and Forestry. • Township Zoning By-law Update-Big Cedar Park could request a zoning change through the update to the Township's Zoning By-law, which is required to conform with the updated Township Official Plan. The update/conformity process has been on hold subject to the final approval of the new Official Plan, which came into force in December 2023. Timing for the Zoning By-law Update is not known at this time as resources need to be devoted to its' completion. • Minor Variance Application-Big Cedar Park could apply for minor variance applications on a site-by-site basis until such time as the zoning is adjusted through the Townships Zoning By-law Update Process. Financial/Legal Implications/ Risk Management Financial implications to this report relate to revenue generation and the utilization of staff resources associated with the review and preparation of minor variance applications. Policies/Legislation • Planning Act Development Services June 5, 2024 Report No. DS2024-082 Page 3 of 5 Page 191 of 193 8.a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee R... Corporate Strategic Priorities Well Planned Development Consultations - Township Planning Division - Finance Attachments Attachment 1: Requests for Minor Variance fee refund Related Information/Background Reports - Staff Report dated for Minor Variance 2024-A-17 April 3, 2024 Link to Report - Staff Report dated for Minor Variance 2024-A-23 May 1, 2024 Link to Report Conclusion Development Services Committee has the following options with respect to the refund requests submitted by representatives from Big Cedar Park. Option 1 That staff facilitate the refund of fees for Minor Variance Applications 2024-A-17 (Sotirakos) and 2024-A-23 (Reed). Option 2 That staff facilitate the refund of fees for Minor Variance Applications 2024-A-17 (Sotirakos) and 2024-A-23 (Reed) and that the representatives from Big Cedar Park be notified that further refunds for additional applications will not be considered. Option 3 That the requests for fee refunds for Minor Variance Applications 2024-A-17 (Sotirakos) and 2024-A-23 (Reed) be refused. Respectfully submitted, Brent Spagnol, RPP, MCIP Director, Development Services, May 30, 2024 Development Services June 5, 2024 Report No. DS2024-082 Page 4 of 5 Page 192 of 193 8.a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee R... Attachment 1 — Refund Requests submitted by Doug Humphries on behalf of Big Cedar Email Received May 20, 2024 Dear Development Services Committee/Council: Re: Minor Variance Application No.: 2024-A-17(Sotirakos) On behalf of the applicant, l request that you consider refunding the Township's Minor Variance Application Fee of$700, for the reasons that: 1. Township Council has in recent years been consistent in refunding such application fees, until such time as the Township's Zoning By-law is updated to remove the EP Zone. Sincerely, Doug Humphries Applicant's Authorized Agent Email Received May 23, 2024 Dear Development Services Committee/Council: Re: Minor Variance Application No.: 2024-A-23 (Reed) On behalf of the applicant, l request that you consider refunding the Township's Minor Variance Application Fee of$700, for the reasons that: • Township Council has in recent years been consistent in refunding such application fees, until such time as the Township's Zoning By-law is updated to remove the EP Zone. Sincerely, Doug Humphries Applicant's Authorized Agent Development Services June 5, 2024 Report No. DS2024-082 Page 5 of 5 Page 193 of 193