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05 13 2004 C of A Minutes Committee of Adjustment Minutes Thursday May 13. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Member Garry Potter, Senior Planner Andria Leigh and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis. 1. Communications and Correspondence - Those received will be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest - None declared 3. Hearin2s: 9:30 2004-A-12 Marie- Louise & Herman Martin Cone. 3, West Part Lot 20 (Oro) 1681 Highway 11 In Attendance: Anson McQuarrie, new owner of lot Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance Application 2004- A -12 as amended to two 139.3 square metre detached accessory buildings in the Environmental Protection (EP) zone and subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the applicant maintain a minimum front yard setback of 45 metres (149 feet) for the detached accessory buildings; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13; and, 5. That approval is obtained from the Nottawasaga Valley Conservation Authority pursuant to Section 20 of the Conservation Authorities Act. ... ..Carried." 9:40 2004-B-17 Peter J. & M. Joanne Tinney Cone. 12, West Part Lot 15 (Medonte) 11 Stagecoach Road In Attendance: Peter & Joanne Tinney, applicants, Burt Dobson, neighbour Decision Moved by Michelle Lynch, seconded by Allan Johnson "That the Committee hereby grant consent application 2004-B-17 and be subject to the following list of conditions: 1. That the appropriate entrance permit be obtained from MTO; 2. That three copies of a Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 3. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That all municipal taxes be paid to the Township of Oro-Medonte; and, 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ...Carried." 9:50 2004-B-18 Kevin Strachan Cone. 13, Part Lot 1, RP 51R- 13506 Part 1 (Medonte) 102 Medonte Side Road # 2 In Attendance: Kevin Strachan, applicant 2 Acting Secretary-Treasurer read e-mail from Lillian McConnell, 6 Blackcomb Dr., received May 13,2004 and from Gail White, Planner, Simcoe County, received May 12, 2004 verbatim to the Committee members and those present in the audience. Decision Moved by Allan Johnson, seconded by Michelle Lynch "That the Committee hereby Defer Consent Application 2004-B-18 as per applicants' request. ...Carried" 10:00 2004-B-19 Lynda Roe Cone. 9, East Part Lot 20 (Oro) 72 Line 9 N. In Attendance: Randy & Lynda Roe, applicants, Lloyd Bartholomew, 80 Line 9 N. Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-19 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the severed lands be merged in title with the applicant's rural residential lot and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 4. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ... ..Carried." 3 10:10 2004-B-16 James H. Martin Cone. 5, Part Lot 4 (Oro) In Attendance: James Martin, applicant, Jeff & Jill Maize, neighbour. Acting Secretary-Treasurer read letter from Gail White, Planner, Simcoe County, received May 12, 2004 verbatim to the Committee members and those present in the audience. Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Defer Consent Application 2004-B-16 to allow the applicant an opportunity to stake the severed lot and the proposed location of the dwelling. ... ..Carried." 10:20 2004-A-14 Julia M. Poore Plan 765, Lot 13 (Oro) 25 Greenwood Ave. In Attendance: Julia Poore, applicant, and Mrs. Squire, 27 Greenwood Ave. Decision Moved by Lynda Aiken, seconded by Allan Johnson "That the Committee hereby Approve Minor Variance Application 2004-A-14 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS GRANTED FOR 25 GREENWOOD AVENUE FOR A 66.8 M2 (720 FT2) ONE STOREY ADDITION and subject to the following conditions: 1. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13; 2. The north east comer of the proposed addition shall be no closer than 11 metres (36 feet) from the high water mark; 3. The south east comer of the existing dwelling shall be no closer than 12 metres (39.3 feet) from the high water mark; 4. The south east comer of the dwelling shall be no closer than 1.5 metres (4.9 feet) 4 from the interior side lot line; 5. The south west comer of the dwelling shall be no closer than 1.8 metres (5.9 feet) from the interior side lot line; 6. The proposed 8.9 m2 (96 ft2) entry way shall be no closer than 2 metres (6.56 feet) from the interior side lot line. 7. That the applicant obtains approval and a building permit, if required, from the Nottawasaga Valley Conservation Authority; 8. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; and, 9. That the applicants obtain approval for a Change of Use Sewage Application from the Township of Oro-Medonte Building Department. ...Carried." 10:30 2004-A-15 Mark Garland & Suzanne Ridpath Plan M-31, Lot 55 (Oro) 33 Oneida Ave. In Attendance: Bob Campbell, agent for applicants, Georgian Design Team Builders Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance application 2004-A-15, subject to the following conditions: 1. That the applicants obtain approval for a Change of Use Septic System or for a Part 8 Sewage Application as determined by the Township of Oro-Medonte Building Department; 2. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 3. That the applicants satisfy the comments from the Public Works department; 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; and, 5 5. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13. ...Carried" 10:40 2004-A-16 Greg & Nadia Bell Cone. 2, Part Lot 2, RP 51R-28938 Parts 2 & 5 (Oro) 2831 Ridge Road W. In Attendance: Nadia Bell, applicant, Kent Taylor, architect Decision Moved by Lynda Aiken, seconded by Allan Johnson "That the Committee hereby Approve Minor Variance application 2004-A-16, subject to the following conditions: 1. That the appropriate building permits be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13; 2. That the height of the proposed garage be no greater than 7.07 metres (23.19 feet); 3. That the size of the proposed garage be no larger than 105 m2 (1130 ft2); and, 4. The proposed garage would be required to meet the required setbacks to existing septic systems ... ..Carried." 10:50 2004-A-17 Russell Watson Plan M-8, Lot 64 (Oro) 19 Oneida Ave. In Attendance: Eric Csekey, agent Decision Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance application 2004-A-17 subject to the following conditions: 6 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the applicant maintain the minimum interior side yard setback of 2 metres (6.5 feet) for the detached garage; and, 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13. ...Carried." 11:00 2004-A-18 George & Dianne Hibrant Plan 935, Lot 3 (Oro) 11 Grandview Cres. In Attendance: George & Dianne Hibrant, applicants Decision Moved by Allan Johnson, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance application 2004-A-18, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. The proposed deck shall be setback no closer than 18.2 metres (60 feet) from the high water mark of Lake Simcoe; 3. The proposed turret extension shall be setback no closer than 19.2 metres (63 feet) from the high water mark of Lake Simcoe; 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; and, 5. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13. ...Carried" 7 ~ . 11:10 2004-A-19 Eugenie McCauley Plan 1720, Part Lot 19 (Orillia) 163 Forestview Road In Attendance: No one Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance application 2004-A-19, subject to the following conditions: 1. That the proposed structure be located no closer than 4.5 metres (15 feet) from the interior and rear lot lines; 2. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c.P. 13; 3. That the applicant apply for and obtain approval for Site Plan Control on the subject lands to accurately reflect the land use and structures on the lot; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; and, 5. That the setbacks be in conformity with the dimensions as set out in the application, as submitted. ... ..Carried." 11:20 A -28/03(Rev) Robert & Therese Brown Plan M-324, Lot 15 (Oro) 30 Trillium Trail In Attendance: No one. Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby grant the revision to Minor Variance A-28/03 being relief from Section 5.32 Setback from Slopes to a setback of 3.3 metres (10.8 feet) as verified by the surveyor's report dated April 15, 2004. .. ...Carried." 8 ." . 4. Other Business 1. Moved by Allan Johnson, Seconded by Lynda Aiken "That the minutes for March 31 st 2004 Special Meeting be adopted as printed and circulated .. . Carried." 2. Moved by Lynda Aiken, Seconded by Michelle Lynch "That the minutes for April 15th 2004 Meeting be adopted as printed and circulated .. . Carried." 5. Adjournment Moved by Allan Johnson, Seconded by Lynda Aiken "We do now adjourn at 2:50 p.m." . .. Carried. (NOTE: A tape of this meeting is available for review.) 9