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08 05 1992 Public Minutes 7:00 " . THB CORPORATION OJ' THB TOWNSHIP OJ' ORO SPBCIAL PUBLIC KBBTING WBDNBSDAY~ AUGUST S~ 1992 , 7:00 P.M. - COUNCIL CHAKBBR8 THIRTY-NINTH MBBTING 1991-1994 COUNCIL The following members of Council were present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor Alastair Crawford Councillor Joanne Crokam Councillor Leonard Mortson Also Present Were: Ms Kris Menzies, Mr. Bud Arbour, Mr. Conrad Boffo, Mr. Bill Darby, Mr. Edwin Johnson, Keri Titus, Mr. Rick Dickey, Mrs. Kim Viney, Mr. Dave Viney, Mr. Nick McDonald and One Member of the Press. Reeve Robert E. Drury chaired the meeting. Reeve Robert E. Drury opened the meeting by explaining to those present that this Public Meeting was to receive public comments wit respect to a proposed Zoning By-Law Amendment, pursuant to provisions of the Planning Act, 1983, Section 34 (12). The applicant has applied to rezone certain lands described as Lot 1, Plan 712, Concession 4, (Forster). To date, the Council of the Corporation of the Township of Oro have not made a decision on this application, other than proceeding to this Public Meeting. Only after comments are received from the Public, requested agencies and Township Staff, within the appropriate time period, will Council make a decision on this application. Notice of the Public Meeting was mailed out on July 16, 1992, to all property owners within 120 metres of the subject lands. Reeve Robert E. Drury then asked the Clerk if there had been any correspondence received on this matter. The Clerk responded by indicating that a letter had been received from Mr. John Holland recommending that all the lots on Plan 712 be rezoned to the General Residential Zone. The Reeve then stated that those persons present would be afforded the opportunity of asking questions with respect to the proposed mendment. He then turned the meeting over to the Township Planner, s. Kris Menzies, to explain the purpose and effect of the proposed Zoning By-Law Amendment. ris Menzies: The subject property is located in Lot 1, Plan 712, Concession 4. The request is a rezoning from Shoreline Residential Zone to the General Residential Zone. The municipality as well as the Health unit refer to this as a conversion. The conversion being a conversion from a Seasonal Residential Use to a Permanent Residential Use. The lot adheres to the policy requirements for the conversion to t-' - 2 - Kris Menzies: the General Residential Zone. The Simcoe County District Health Unit has stated tha although the site cannot host a Class IV Septic System, the Ministry of the Environment has approved a Class VI System for the lot. The purpose of this Public Meeting is so Council can be afforded comments from the Public. william Darby: I live on Lot 10 and 11 on the same Plan number. I have lived there for over thirty-eight years and now do I have to comply with these new zonings when I have lived there permanently and have never moved out from the day I moved in? Would I still be under the same classification? Kris Menzies: Unless you have come in specifically and requested a rezoning to General Residential, your property would be zoned Shoreline Residential. However, the rules and regulations came into effect in February 1974. If you were occupying your structure on a permanent basis prior to that, you are determined to be legal non- conforming which means you are legally there but you do not conform to the By-Law. Mr. Forster is in a different position fro you and he has requested a rezoning to be considered legal. William Darby: Mine then is legal because I lived there long before that and I was never notified in my tax bill or my registered mail that it would be rezoned. Kris Menzies: The Zoning By-Law for Oro Township came into force and effect February 13, 1974. Prior to that there were no zones in Oro Township and I am sure Council of the day would have had hosted a Public Meeting suc as this, prior to the Zoning By-Law being approved or at least had Public Open Houses. It was not a requirement of the Planning Act in 1974 to hold a formal Public Meeting. If you occupied the structure on a permanent basis prior to that you are legal. However, you do not conform to the By-Law. So for everyday purposes in effect, your use has not changed. william Darby: So I would have to make application to hav it changed? Kris Menzies: Not necessarily. Council considers your use legal. It just means your use existed prior to the rules coming in. william Darby: Then in turn, does it have any effect when I pass on that property to some of my family or resold, etc. does it then have t be rezoned, or does it come under the same jurisdiction as it is when it is still under the same name? Kris Menzies: Dave Caldwell: Kris Menzies: william Darby: Councillor Crawford: william Darby: Councillor Crawford: william Darby: Kris Menzies: william Darby: - 3 - If the use does not cease and you decide t sell the property or you decide to move an someone moves in there immediately afterwards, permanently, that means the us is continuant, so they are still under tha legal but non-conforming situation. That person moving in could have the opportunit to use it seasonally but if that use cease the new use that starts has to be based on todays rules and regulations. In the event that he wanted to change the use of the property by putting an addition on his house; would he then have to comply? I think Council with Planning Department might take it upon themselves that in that particular case it could be interpreted that the addition could be used on a permanent basis. I think it would be fairly difficult to regulate if you wanted to expand as an example the master bathroom, that the rest of the house can b used permanently but only the master bathroom seasonally. In all likelihood that would probably be interpreted as ruling over to the addition. I did not ask that question because I considered when she told me that I would b on permanent basis it would come under the old regulations and thank you for asking because I did not ask it for that reason. Just to clarify your position, as long as you are Shoreline Residential your propert has a certain value because it is for Seasonal Use. If you have over 11,000 square feet you can apply for a change and all it would mean is that they would have to check your septic tank and make sure it was sufficient for permanent year round use. Then the process is very simple, it would have to go to a Public Meeting like tonight and that is really all there is to it. You of course have to apply. That would make your property worth more if it was zoned General Residential because it i not limited in General Residential. There is no fee for rezoning? There is a fee yes. What is the fee at the present time? The fee at this moment is $600.00 plus G.S.T. Our regular rezoning fee is $1600.00 plus G.S.T. but Council is encouraging this process because we normally do not have to use our Consultants in this process, and thus they have waived the up front $1,000.00 which normally has to be paid on a rezoning. Did this $600.00 fee just come in recently or did that come in 1974? .. " I - 4 - Kris Menzies: I believe this fee was updated within the last three or four years. william Darby: Why was I not notified that it would be a fee? I have never been notified in the ta notice or any other way that there would b a fee. Seeing I have lived there that lon I cannot see that I should have to pay a fee to rezone my lot when I was there long before these regulations were put into effect. Reeve Drury: I guess the suggestion would be just to carryon the way you are. Leave it the wa it is and there will be no fees to live there in a non-conforming use legally. There being no further questions or comments, the Reeve in closing the meeting, thanked those in attendance for their participation an advised that Council would consider all matters before reaching a decision. He then advised those present that if they wished to be notified of the passing of the proposed By-law, they should leave their name and address with the Clerk. MOTION NO.1 Moved by Mortson, seconded by Crawford Be it resolved that the -Special Public Meeting of Council (Lot 1, Plan 712, Concession 4, Forster) now be adjourned @ 7:22 p.m. Carried.