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06 10 2004 C of A Minutes Committee of Adjustment Minutes Thursday June 10. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Michelle Lynch, Member Garry Potter, Senior Planner Andria Leigh and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis. Absent Member: Allan Johnson 1. Communications and Correspondence -Those received will be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest 2 3 2004 - None declared MEETING: -ii (Ø'" 3. Hearines: . .~..~ - ,-"'" 9:30 2004-B-16 .I ames H. Martin Cone. 5, Part Lot 4 (Oro) In Attendance: Jim Martin, applicant, Jeff Maize, neighbour. Decision Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Grant Consent Application 2004-B-16 as per the recommendations of the planning report being a lot of 83.82 metres (275 feet) of frontage, a lot depth of 114.3 metres (375 feet), and a lot area of 1.02 hectares (2.5 acres) and be 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 applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 500.00 for the lot created as cash-in-lieu of a parkland contribution; 4. That the applicant pay a Development Charges Fee to the Township in the amount determined by Council as of the date the fee is received by the Township; 5. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 6. That the severed lot be subject to Site Plan Control in order to minimize the tree removal of this parcel and to identify the building amenity area and driveway location; 7. That the future driveway be located at the north side of the severed lot for sight distance and that an entrance permit be approved by the roads department; and, 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. " ',' ... ..Carried." 9:40 2004-A-20 Martin Kichuk Plan 798, Lot 66 (Oro) 88 Lakeshore Road E. In Attendance: Martin Kichuk, applicant, Paul Barkowski, agent Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance application 2004-A-20, 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 proposed dwelling be located no closer than 4.5 metres (15 feet) from the exterior yard; 3. That the proposed landing be located no closer than 3.5 metres (11.5 feet) from the exterior yard; 4. That the proposed driveway be located no closer than 3.048 metres (10 feet) from the intersection of the front lot line and the exterior side lot line and that the applicant obtain approval for the proposed entrance from the Roads Department; 5. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; 2 6. That the applicant satisfy the comments from the Engineering Department through the roads entrance permit application; 7. That the applicant obtain approval for a Part 8 Sewage Application from the Township of Oro-Medonte Building Department; 8. 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." 9:50 2004-A-21 Thomas Chillman Cone. 8, West Part Lot 26 (Oro) 971 Line 7 S. In Attendance: Thomas Chillman, applicant Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Defer Minor Variance application 2004-A-21 to provide an opportunity for the applicant to contact the Planning Department and review various options the applicant has in order to proceed with the proposal. ...Carried" 10:00 2004-B-20 Raymond Lalande & David Burgess Cone. 9, Plan 1642, Lot 6 (Oro) 762 Lakeshore Road E. In Attendance: Ray Lalande & David Burgess, applicants. Acting Secretary-Treasurer read letter from Paul & Bernice Van Loenen, 5 Kirkpatrick St., received June 4, 2004 verbatim to the Committee members and those present in the audience. Decision Moved by Garry Potter, seconded by Lynda Aiken 3 "That the Committee hereby Grant Consent Application 2004-B-20 subject to the following conditions: 1. That three copies of a Reference Plan of the new lots be prepared by an Ontario Land Surveyor and be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit a copy of the proposed conveyance for each parcel severed, for review by the Municipality; 3. That the applicants verify that the existing sewage system will meet the required 5 metres setback to the proposed property line, to the satisfaction of the Township Building Department; 4. That the applicant dedicate to the Municipality $500.00 as a parkland contbbution for each lot to be created as cash-in-lieu of a parkland contribution pursuant to subsection 53(12) of the Planning Act, RS.O. 1990 c. P. 13.; 5. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount determined by Council as of the date the fee is received by the Township; and, 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. ... ..Carried." 2004- A - 22 Raymond Lalande & David' . Burgess Cone. 9, Plan 1642, Lot 6 (Oro) 762 Lakeshore Road E. In Attendance: Ray Lalande & David Burgess, applicants. Decision Moved by Garry Potter, seconded by Michelle Lynch "That the Committee hereby Grant Minor Variance application 2004-A-22 subject to the satisfaction of Consent application 2004-B-20 and of the following condition: 1. That the applicants verify that the existing sewage system will meet the required 5 metres setback to the proposed property line, to the satisfaction of the Township Building Department; and, 2. That the applicants remove the existing sheds located on the severed lot. 4 10:10 2004-A-23 Sharon Lindale Plan 629, Lots 10 & 11 (Oro) 21 Nelson St. In Attendance: Nick & Sharon Lindale, applicants Decision Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Grant Minor Variance application 2004-A-23 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS GRANTED FOR 21 NELSON STREET FOR A 95.5 M2 (1028 FT2) SIDE-SPLIT ADDITION ON THE NORTH SIDE OF THE EXISTING COTTAGE 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. That the applicant obtains approval and a permit, if required, from the Nottawasaga Valley Conservation Authority; 3. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; 4. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro-Medonte Building Department; and, 5. That the applicant provide to the Township Building Department verification that the addition will meet the minimum setback requirements to the existing sewage system. .. ...Carried." 10:20 2004-A-24 Stan & Shirley Barber Cone. 6, East Part Lot 12 (Oro) 1340 Line 6 N. In Attendance: Stan & Shirley Barber, applicants Acting Secretary-Treasurer read letter from Craig Cooper, Lake Simcoe Region Conservation Authority, received June 4, 2004 verbatim to the Committee members and those present in the audience. 5 Decision Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Grant Minor Variance application 2004-A-24 to permit an 86.9 square metre detached accessory building 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 prep,ared 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 7.6 metres (25 feet) for the detached accessory building; 4. Verification would be required for the garage to meet the minimum setbacks to the sewage system; 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." ", . 10:30 2004-A-25 Robert Hoski & Julie Iamarino Cone. 4, Plan M-456, Lot 135 (Oro) 12 Chestnut Lane In Attendance: Rob Hoski, applicant Decision Moved by Garry Potter, seconded by Michelle Lynch "That the Committee hereby Grant Minor Variance application 2004-A-25, subject to the following conditions: 1. That the side yard setback from the garage be located no closer than 2.0 metres (6.5 feet) from the interior side yard; 6 2. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; and, 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act RS.O. 1990, c. P. 13. ...Carried" 10:40 2004-A-26 Michael & Kristen Hill Cone. 3, North Part Lot (Medonte) 4422 Line 3 N. 8 .,': In Attendance: Mike Hill, applicant Decision Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Grant Minor Variance application 2004-A-26 subj~ct to the following conditions: 1. That the ground floor area of the structure shall not exceed 92.9 m2 (1000 ft2) and the height of the structure from grade to midway between the eaves and peak shall not exceed 5 metres (16.5 feet); ", . 2. That the interior side yard setback, for the proposed structure shall be no closer than 2 m (6.5 ft); 3. That the proposed structure shall be used in accordance with the permitted uses of the Agricultural/Rural (AlRU) zone based on the minimum lot area requirements; 4. That the proposed structure meet the minimum setbacks to the sewage system to the satisfaction of the Building Department; 5. 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; and, 6. 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 10:50 2004-B-21 Sandy Agnew Cone. 2, West Part Lot 71 (Medonte) 1305 Scarlett Line In Attendance: Sandy Agnew, applicant, Ron Reid, Couchiching Conservancy, Jim Harvey, neighbour. Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Grant Consent Application 2004-B-21 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 applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ...Carried." 11:00 A-19/03(Rev) Bowman Builder Ltd. Plan M-I0, Lot 14 (Medonte) 13 Pine Ridge Trail In Attendance: Randy Bowman, applicant, John D'Amico, surveyor Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance application A-19/03 as revised, 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 proposed dwelling be located no closer than 6.5 metres (21.3 feet) from the front lot line; 3. That the proposed dwelling be located no closer than 0 metres (0 feet) from the slope exceeding 33% or 3 to 1; 8 4. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; 5. That the applicants obtain approval for a Part 8 Sewage Application from the Township of Oro-Medonte Building Department; 6. 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. ...Carri6d" 4. Other Business " \' 1. Moved by Lynda Aiken, Seconded by Michelle Lynch "That the minutes for the May 13th 2004 Meeting be adopted as printed and circulated ' .. . Carried." , ' 5. Adiournment Moved by Michelle Lynch, Seconded by Lynda Aiken "We do now adjourn at 12:25 p.m." ... Carried. ", . (NOTE: A tape of this meeting is available for review.) 9