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07 15 2004 C of A Minutes . ' Committee of Adjustment Minutes Thursday July 15. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Garry Potter, and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis. Absent Member: Michelle Lynch Absent Staff: Senior Planner Andria Leigh 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-B-22 Wilhemmus & Corneilia Vanwinden Cone. 11, West Part Lot 14 (Oro) 1033 Line 10 N. In Attendance: Will Vanwinden, applicant, Earl Briggs, acting as agent. Decision Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby Approve Consent Application 2004-B-22 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 $ 2,000.00 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-zomng on the severed land to accurately reflect the residential land use; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ... HCarried." 9:40 2004-B-23 James Tofflemire Cone. 9, West Part Lot 5, Part Lot 4, North of CPR (Medonte) In Attendance: James Tofflemire, applicant Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, received July 14, 2004 verbatim to the Committee members and those present in the audience. Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-23 subject to the following list of conditions: 1. 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; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That all municipal taxes be paid to the Township ofOro-Medonte; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ...Carried." 2 9:50 2004-B-24 2004-A-27 Annisway Signs Limited Cone. 2, West Part Lot 13, Plan 1720 (Orillia) In Attendance: Sara Graham, owner of Annisway Signs Limited Decision Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Defer Consent Application 2004-B-24 to address concerns raised by the Building Department ...Carried" Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Defer Minor Variance application 2004-A-27 to address concerns raised by the Building Department. ... ..Carried." 10:00 2004-A-28 John Clark Plan M-92, Lot 7 (Medonte) 15 Richelieu Road In Attendance: John Clark, applicant. Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Grant Minor Variance application 2004-A-28, 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 garage be located no closer than 0.90 metres (2.95 feet) from the interior side lot line and maintain a 1 metre (3.2 feet) setback from the existing dwelling; 3 3. That the proposed garage not be located in front of the house; 4. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; 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." 10:10 2004-A-29 Ulrich & Annelise Surmann Plan M-741, Lot 36 (Oro) 46 Tanglewood Cres. In Attendance: Tim Cane, Jones Consulting, agent for applicants. Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Committee Deny Minor Variance Application 2004-A-29 as it does not address the four tests of the minor variance required under the Planning Act. .., ..Carried." 10:20 2004-B-28 Hubert & Brenda Houben Cone. 10, West Part Lot 10 (Oro) 912 Old Barrie Road E. In Attendance: Brenda Houben, applicant, Tim Cane, Jones Consulting, agent for applicants. Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-28 subject to the following list of conditions: 1. That three copies of a Reference Plan of the new lot 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; 4 3. That the applicant apply for and obtain a re-zomng on the severed land to accurately reflect the residential land use; 4. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount detennined by Council as of the date the fee is received by the Township; and, 5. 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." 10:30 2004-A-18(Rev) George & Dianne Hibrant Plan 935, Lot 3 (Oro) 11 Grandview Court In Attendance: George & Dianne Hibrant, applicants Decision Moved by Garry Potter, seconded by Allan Johnson "That the Committee hereby Approve Minor Variance application 2004-A-18 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 for the proposed 12 foot deck; 2. The proposed deck shall be setback no closer than 16.39 metres (53.7 feet) from the high water mark of Lake Simcoe; 3. The proposed turret extension shall be setback no closer than 18 metres (59 feet) from the high water mark of Lake Simcoe; 4. That the setbacks be in confonnity with the dimensions as set out in the application, as submitted; and, 5. That the appropriate building pennit 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 R.S.O. 1990, c.P. 13. ...Carried" 5 10:40 2004-B-26 Allan Shelswell Cone. 13, West Part Lot 18 (Oro) 127 Line 12 N. In Attendance: Allan Shelswell, applicant Decision Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby Approve Consent Application 2004-B-26 subject to the following list of conditions: 1. That three copies of a Reference Plan of the new lot 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 applicant apply for and obtain a re-zonmg on the severed land to accurately reflect the residential land use; 4. 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, 5. That the applicant pay $ 2000.00 for the lot created as cash-in-lieu of a parkland contribution; 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." 10:50 2004-B-27 Ronald Russell Cone. 4, Plan M-112, Lot 31 (Medonte) In Attendance: Ronald Russell, applicant Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-27 subject to the following list of conditions: 6 . ' 1. That three copies of a Reference Plan of the boundary adjustment 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; and, 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date ofthe giving of this notice as noted below. ...Carried." 11:00 2004-B-29 2004-B-30 Horseshoe Valley Resort Cone. 3, Part East Y2 Lots 1 & 2, Part 23 on RP 51R- 32830 (Medonte) In Attendance: Ellen Dunn, representing Horseshoe Valley Resort Decision Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby Defer Consent Application 2004-B-29 to allow the applicant an opportunity to meet with the Planning Department. ...Carried" Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Defer Consent Application 2004-B-30 to allow the applicant an opportunity to meet with the Planning Department. ... ..Carried." 11:10 2004-B-31 2004-B-32 Horseshoe Valley Resort Cone. 3, Part East Y2 Lots 1 & 2, Parts 1 & 17 on RP 51R-32830 and Part 35 on RP 51R-32830 (Medonte) In Attendance: Ellen Dunn, representing Horseshoe Valley Resort Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Defer Consent application 2004-B-31 to allow the applicant an opportunity to resolve the issues raised by the Engineering Department. ...Carried" 7 Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby Defer Consent application 2004-B-32 to allow the applicant an opportunity to resolve the issues raised by the Engineering Department. .. ...Carried." 11:20 2004-B-33 William & Stella Duddy Cone. 11, West Part Lot 8 (Medonte) 4289 Line 10 N. In Attendance: William & Stella Duddy, applicants Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, received July 14, 2004 verbatim to the Committee members and those present in the audience. Decision Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-33 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 $ 2,000.00 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; 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" 8 11:30 2004-A-30 Douglas & Karen Akers Martin & Vicky Stavinga Plan 993, Lot 94 & 95, Pt Bk Lot 19 (Orillia) 805 & 809 Woodland Dr. In Attendance: Doug Akers & Martin Stavinga, applicants Decision Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Committee Approve Minor Variance application 2004-A-30 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 total area of the proposed boathouse be no larger than 83.2 m2 (896 ft2); 3. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority for the proposed boathouse; 4. That the mean level between the eaves and ridge of the boathouse be no more than 4.5 metres (14.7 feet) above the elevation of the average high water mark of Lake Simcoe; 5. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 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 R.S.O. 1990, c.P. 13. ... ..Carried." 9 . ' 11:40 2004-A-31 Cynthia Wilson Cone. 14, Part Lot 16 (Medonte) 2252 Foxmead Road In Attendance: Cynthia Wilson, applicant, Ken Santala, purchaser of subject lot. Decision Moved by Lynda Aiken, seconded by Allan Johnson "That the Committee hereby Committee Approve Minor Variance Application 2004-A-31 subject to the following conditions: 1. That prior to issuance of a building pennit, the applicants prepare a lot grading plan for review by the Building Department to review stonnwater management on the subject property and that the minimum opening elevation as required by the Nottawasaga Valley Conservation Authority for all doors and windows of all proposed structures be shown on the grading plan; 2. 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; 3. That the proposed dwelling, septic system and any detached structures be constructed in the development envelope identified by the Nottawasaga Valley Conservation Authority; 4. That the applicants provide verification that the on-line depression be filled with clean material and the function of the grassed swale be maintained as required by the NVCA; 5. Once written verification of condition 4 has been provided by the NVCA to the Township of Oro-Medonte, the applicants obtain approval for a Part 8 Sewage System from the Township Building Department; 6. That the setbacks be in confonnity with the dimensions as set out in the application and approved by Committee; and, 7. That the appropriate building pennit 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 R.S.O. 1990, c.P. 13. ...Carried." 10 . . 4. Other Business 1. Moved by Lynda Aiken, Seconded by Garry Potter "That the minutes for the June 10th 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.) 11