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09 16 2004 C of A Agenda .:t . '. Committee of Adiustment AQenda Thursdav September 16th 2004. 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: " 9:30 2004-B-42 Ingrid & Manfred Kolbe Conc. 13, Lot 22, Plan 1242 Part 1, Plan 952 Pt Blk A (Oro) 2298 Lakeshore Road E. 9:40 2004-B-43 Morley & Mervyn Bell Conc. 7, West Part Lot 8 (Medonte) 525 Ingram Road 9:50 2004-B-45 Dale Plant Conc. 9, Part Lot 10 (Ora) 744 Old Barrie Road E. 10:00 2004-B -46 Derek & Tracey Rynard Conc. 1, East Part Lot 6 (Orillia) 932 Line 15 N. 10:10 2004-B-47 Dan & Mary Rupke Conc. 5, East Part Lot 23 & 24 (Oro) 432 Line 5 S. 10:20 2004-B-48 Leanne & Stacey Cunnington Conc. 5, South-East Part Lot 20 (Oro) 30 Line 5 N. 10:30 2004-B-49 Alexander Rocke & Barbara Lawson Robertson \ Conc. 1, North Part Lot 38, South Part Lot 39 (Oro) 3015 Penetanguishene Road 10:40 2004-A-36 Larry Tupling Plan 546, East Part Lot 6 (Orillia) 31 Bards Beach Road 10:50 A-24/02(Revised) Darren Vivian Conc. 2, South Part ,Lot 4 (Orillia) 1147 Line 15 N. 5. Decisions 6. Other business .. -Revision of conditions for 2004-A-30 (Akers & Stavinga) -Revision of conditions for 8-38/03 (Indian Park Association) -Discussion for November Committee of Adjustment Meeting -Adoption of minutes for August 12,2004 Meeting 7. Adjournment . Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Ingrid & Manfred Kolbe 2004-B-42 Concession 13, Part Lot 22, Plan 1242 Part 1, Plan 952 Pt Blk A (Oro) 2298 Lakeshore Road E. THE PROPOSAL " The purpose of application 2004-B-42 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the south-west, 2296 Lakeshore Road E., would have a lot width of approximately 241.6 metres (792.75 feet) and 311.3 metres (1021.3 feet) for the north and south property lines respectively, a lot depth of approximately 56.25 metres (184.55 feet) and 171.38 metres (562.28 feet) for the east and west property lines respectively, and having a lot area of approximately 2.74 hectares (6.79 acres). The land proposed to be retained, 2298 Lakeshore Road E., would have a lot frontage of approximately 20.3 metres (66.6 feet), a lot depth of approximately 60.96 metres (200 feet) and a lot area of approximately 0.12 hectares (0.3 acres). No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline & Rural Zoning By-law 97-95 - Agricultural/Rural (A/RU) & Shoreline Residential (SR) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- Building Department- The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department- Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND .. The purpose of this application is to convey and add approximately 2.74 hectares (6.79 acres) to the lot immediately to the south-west of the subject property 2296 Lakeshore Road E which contains an existing single detached dwelling. The land to be retained by the applicants would have an area of approximately 0.12 hectares (0.3 acres) and is the site of an existing single detached dwelling. OFFICIAL PLAN There is no specific policy in the Rural Designation for Committee to consider applications for boundary adjustments. When considering these types of applications, Committee must be satisfied that no new lot is being created and that the effect of the boundary adjustment will not adversely impact the surrounding area. In reviewing the application, no new building lots will be created, and the retained parcel will continue to be maintained as a shoreline residential lot. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Shoreline Residential (SR) and Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The two lots located at 2298 & 2296 Lakeshore Road E. would comply with the requirements of the (SR) Zone, as they are existing lots on record. On this basis, the application would generally conform to the Zoning By-law. CONCLUSION The application generally conforms to the policies of the Rural designation and the two' residential lots meet the standards of the Shoreline Residential (SR) Zone. No new building lots are being created. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2004-B- 42 subject to the following conditions: 1. That three copies of a Reference Plan of the subject land prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with 2296 Lakeshore Road E. 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; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That all municipal taxes be paid to the Township of Oro-Medonte; and, 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. All of which is respectfully submitted, k~ Andy Karaiskakis Junior Planner Reviewed by, --1~ -fu1- Andria Leigh MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Morley & Mervyn Bell 2004-B-43 Concession 7, West Part Lot 8(Medonte) 525 Ingram Road . THE PROPOSAL The purpose of application 2004-B-43 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the south, identified as Conc. 7, West Part Lot 8, being Part 1 on Reference Plan 51 R-23064, would have a lot width of approximately 24.38 metres (80 feet), a lot depth of approximately 54.86 metres (180 feet), and having a lot area of approximately 0.2 hectares (0.5 acres). The land proposed to be retained, 525 Ingram Road, would have a lot area of approximately 28.73 hectares (71 acres). No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural & Environmental Protection Two Zoning By-law 97-95 - Agricultural/Rural (AIRU) & Environmental Protection (EP) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- Building Department- The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department- Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 0.2 hectares (0.5 acres) to a vacant lot immediately to the south of the subject property. The resultant lot area of the vacant lot would be approximately 0.6 hectares (1.5 acres) and is intended to be used for residential purposes in accordance with the Zoning By-law requirements. The land to be retained by the applicants would have an area of approximately 28.73 hectares (71 acres). OFFICIAL PLAN There is no specific policy in the Rural designation for Committee to consider applications for boundary adjustments. When considering these types of applications, Committee must be satisfied that no new lot is being created and that the effect of the boundary adjustment will not adversely impact the surrounding area. .. In reviewing the application, no new building lots will be created, and the retained parcel will continue to be maintained as a large rural lot. In considering the creation of a new lot for residential purposes, the Rural policies state that the proposed lot is of an appropriate size for residential use, with such a use not requiring a lot size that exceeds 2 hectares (4.9 acres). The resultant lot area of the vacant lot including the lot addition would be approximately 0.6 hectares (1.5 acres). On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (AIRU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The lot to be severed and added to the vacant lot is zoned (EP). No buildings or structures are allowed to be constructed on the lands zoned (EP). The retained lot would continue to comply with the provisions of the (AIRU) and (EP) zones. The application would therefore generally conform with the policies of the Zoning By-law. CONCLUSION The application generally conforms to the policies of the Rural designation and the retained land and the land to be enhanced would comply with the minimum frontage and area requirements of the (AIRU) zone. No new building lots are being created as a result of the lot addition. The Committee should determine the applicant's rationale for the lot addition as no buildings would be permitted on those lands. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2004-B-43 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with the lot described legally as Conc. 7, West Part Lot 8, being Part 1 on Reference Plan 51 R-23064 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; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That all municipal taxes be paid to the Township of Oro-Medonte; and, 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. All of which is respectfully submitted, ^~ Andy Karaiskakis Junior Planner Reviewed by, -AJ-t..r;f Andria Leigh MCIP, RPP Senior Planner t 0,<>-0 ~~ \~<:8'l> BELL MORLEY e severed and added to Tomlins Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Dale Plant 2004-8-45 Concession 9, Part Lot 10(Oro) 744 Old Barrie Road.East THE PROPOSAL The purpose of application 2004-B-45 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the east, Knox Cemetery, would have a lot width of approximately 60.17 metres (197.42 feet) along Old Barrie Road and a width of 6 metres (20 feet) along Line 9 North, a lot depth of approximately 157.5 metres (516.83 feet) and a lot area of approximately 1 hectares (2.5 acres). The land proposed to be retained, 744 Old Barrie Road East, would have a lot frontage of approximately 877.8 metres (2880 feet) along Old Barrie Road and a lot area of approximately 23 hectares (57 acres). No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (AlRU) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- No road concerns Building Department- The Township Building Dept has reviewed this application and note that a site inspection was completed and that the proposal appears to meet the minimum standards. Fire Department- Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 1 hectare (2.5 acres) to the lot immediately to the east of the subject property, Knox Cemetery, to be used for future enlargement of the cemetery. The land to be retained by the applicant would have an area of approximately 23 hectares (57 acres), which is the site of an agricultural operation. OFFICIAL PLAN Section D2.3.4 of the Official Plan provides a specific policy to allow Committee to consider applications for farm consolidations and boundary adjustments in the Agricultural designation. The policy states: Boundary line adjustments or farm consolidations may be considered where the effect of the boundary adjustment or consolidation is to improve the viability of the farm operation provided: a) no new lot is created; and, b) the viability of using the lands affected by the application for agricultural uses is not adversely impacted if the application is approved. In reviewing the application, no new building lots will be created, and the existing farm operation will continue to exist. The limited amount of land to be conveyed does not appear to affect the viability of using the lands for the agricultural operation. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (AIRU) in the Township's Zoning By-law 97-95, as amended. The retained lot would continue to comply with the provisions of the (AIRU) zone for agricultural purposes. The proposed severed portion to be conveyed to Knox Cemetery would be required to be rezoned as a condition of consent to reflect its intended usage for institutional purposes. The application would therefore generally conform with the policies of the Zoning By-law. CONCLUSION The application generally conforms to the policies of the Agricultural designation and the retained lands would comply with the minimum frontage and area requirements of the (AIRU) Zone. The severed lands, once rezoned, would comply with the policies and standards in the Institutional (I) Zone. No new building lots are being created. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2004-B-45 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with Knox Cemetery 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; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the institutional land use; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. All of which is respectfully submitted, A-~ Andy Karaiskakis Junior Planner Reviewed by, .~J -t~ Andria Leigh MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Derek & Tr~cey Rynard 932 Line 15 N., Concession 1, East Part Lot 6 (Orillia) 2004-B-46 THE PROPOSAL The purpose of application 2004-B-46 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 95 metres (311 feet), a lot depth of approximately 100 metres (328 feet) and a lot area of approximately 0.9 hectares (2.34 acres). The land proposed to be retained would have a lot frontage of approximately 600 metres (1,968 feet), a lot depth of approximately 750 metres (2,460 feet) and a lot area of approximately 38.8 hectares (96 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Restricted Rural & Environmental Protection One Zoning By-law 97-95 - Agricultural Rural & Environmental Protection (A/RU & EP) Zones Previous Applications - B-3/00 (for creation of new lot was denied) & B-19/00 (for creation of new infilling lot was deferred) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads- Building Department- The Township Building Dept. has reviewed this application and note that a site inspection was completed. The proposal appears to meet the minimum standards and the applicants need to ensure that the setbacks to adjacent sewage systems are not reduced. Fire Department Engineering Department- No concerns. PLANNING DEPARTMENT BACKGROUND It is the applicant's intent to create a new residential lot fronting on Bass Lake Sideroad. The proposed new residential lot would have a lot frontage of approximately 95 metres (311 feet), a lot depth of approximately 100 metres (328 feet) and an area of 0.9 hectares (2.34 acres). The parcel proposed to be created is a vacant parcel located in the northern half of the existing farm operation, between two existing residential lots. OFFICIAL PLAN The west half of the property is designated Environmental Protection One and the east half is designated Restricted Rural in the Official Plan. As the proposed lot is to be created in the western portion of the subject property, Committee shall consider the policies contained within Section D1-Environmental Protection One for this proposal. The main objective of the Environmental Protection One Designation is to maintain and enhance the ecological integrity of the natural heritage system and to minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide. The subject property is identified as a Class 3 Wetland and Provincially Significant Areas of Natural and Scientific Interest (ANSI) with the Langman Marsh being in the distant vincinity and is also classified as a Core Deer Wintering/Shelter Areas, as recognized in Schedule B-Natural Features of the Official Plan. Permitted uses on lands designated Environmental Protection One may include conservation and passive recreation uses provided an Environmental Impact Study and a Management Plan are completed in accordance with Section G3 and approved by Council and the appropriate agencies. Nothing in this Section is intended to limit the ability of agricultural uses to continue. No development shall be permitted on these lands unless an Environmental Impact Study and a Management Plan are completed in accordance with Section G3 and approved by Council, subject to the comments of the appropriate agencies. . The application proposing to create a new residential lot would therefore generally not conform with the policies of the Official Plan as such use is not a permitted use in the EP 1 designation. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The proposed severed lot, which would be located in the Environmental Protection Zone, would not comply with the provisions of the (EP) zone as a single detached dwelling is not a permitted use in the (EP) zone. CONCLUSION The application does not conform to the policies of the Official Plan which do not provide for residential severances or usage in the EP 1 designation. Should the applicants feel that the boundaries of the Environmental Protection designation are inaccurate, it is recommended that the applicants defer this application and obtain a planning/environmental consultant to work collaborately with the Nottawasaga Valley Conservation Authority, the Ministry of Natural Resources and with the Township of Oro-Medonte to accurately determine where the limits of the Environmental Protection designation should be. RECOMMENDATION It is recommended that the Committee Deny Consent Application 2004-B-46 as it does not conform to the policies of the Official Plan. All of which is respectfully submitted, f'~ Andy Karaiskakis Junior Planner Reviewed by, ----<L----L -e, ~ Andria Leigh, MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Dan & Mary Rupke 2004-8-47 432 Line 5 S., Concession 5, East Part Lot 23 & 24 (Oro) THE PROPOSAL The purpose of application 2004-B-47 is to permit an easement/right-of-way over a lot that was created by the Committee of Adjustment on August 12, 2004. The proposed easement would have a lot frontage of approximately 6 metres (20 feet), a lot depth of approximately 68.58 metres (225 feet) and a lot area of approximately 418 m2 (4,500 ft2). The proposed easement would be used to access the agricultural field being located directly west of the new severed lot. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (AlRU) and Environmental Protection (EP) Zones Previous Applications - 2004-B-38 (Creation of new lot granted) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County - No comments Public Works- Building Department- The Township Building Dept. has reviewed this application and note that a site inspection was completed and that the proposal appears to meet the minimum standards. Fire Department- Engineering Department- No concerns PLANNING FRAMEWORK Background This application would grant an easement over a portion of the property located at 432 Line 5 S., being an area with a lot frontage of 6.096 metres (20 feet), a lot depth of approximately 68.58 metres (225 feet) and a lot area of approximately 418 m2 (4,500 ft2). The area to be excluded from the easement would be an area of approximately 1 hectare (2.37 acres). The purpose of the easement would be to gain access to the agricultural field being located directly west of the new severed lot that was granted by the Committee on August 12, 2004. Township Of Oro-Medonte Official Plan The subject property is designated Agricultural in the Township's Official Plan. The intent of the Official Plan policies is to protect lands suitable for agriculture, to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township and to preserve and promote the agricultural character of the Township and the maintenance of the open countryside. As the application is for an easement to continue to allow access to an agricultural field and no new lot is being created, it is deemed to generally conform with the policies of the Official Plan. Zoning By-Law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. As part of provisional consent, the subject property would be required to be rezoned to reflect its intended usage for residential purposes. The lot would meet the minimum frontage and area requirements of the Rural Residential Two (RUR2) Zone. The application would therefore generally conform with the policies of the Zoning By-law. CONCLUSIONS The proposed application for an easement would conform with the intent of the policies of the Official Plan, and would comply with the provisions of the Township's Zoning By-law. RECOMMENDATION It is recommended that the Committee approve Consent Application 2004-B-47 subject to the following conditions: 1 . That three copies of a Reference Plan of the severed lot indicating the easement as a separate Part on the same Reference Plan be prepared by an Ontario Land Surveyor and be submitted to the Committee Secretary; 2. That the conditions of consent application 2004-B-38 have been satisfied; 3. That the applicant prepare and submit a copy of the proposed conveyance for the easement, for review by the Municipality; 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. All of which is respectfully submitted, AK~ Andy Karaiskakis Junior Planner Reviewed by, ------1~ -f!. Y Andria Leigh MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Leanne & Stacey Cunnington 2004-8-48 30 Line 5 N., Concession 5, South East Part Lot 20 (Oro) THE PROPOSAL The purpose of application 2004-B-48 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 45.75 metres (150.11 feet), a lot depth of approximately 60.96 metres (200 feet) and a lot area of approximately 0.28 hectares (0.69 acres). The land proposed to be retained would have a lot frontage of approximately 40.2 metres (131.91 feet), a lot depth of approximately 60.96 metres (200 feet) and a lot area of approximately 0.24 hectares (0.6 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural Settlement Area Zoning By-law 97-95 - Residential One (R1) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County - Municipal Works and Roads- Building Department-The Township Building Dept. has reviewed this application and note that a site inspection was completed and that the proposal appears to meet the minimum standards. Also, the applicants must verify that the sewage system meets the required setbacks as per Part 8 of the Ontario Building Code. Fire Department Engineering Department-No concerns as long as existing drainage is maintained or addressed. PLANNING DEPARTMENT BACKGROUND It is the applicant's intent to create a new residential lot fronting on Melville Court. The land proposed to be severed is currently vacant with a significant amount of tree cover. The retained lands have an existing dwelling with an attached garage. OFFICIAL PLAN The subject land is designated Rural Settlement Area in the Oro-Medonte Official Plan. Section D4.3 of the Township's Official Plan provides the following direction to Committee in considering an application for land division in the Rural Settlement Area Designation: Land division by Plan of Subdivision, rather than by consent to sever, shall generally be deemed necessary if: a) the extension of an. existing public road or the development of a new public road is required to access the proposed lots; or, b) the extension of a municipal water system is required to service the proposed lots; or, c) the area that is proposed to be developed is not considered to be infilling; or, d) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner; or, e) more than three new lots are being created. The proposed application does not meet the criteria noted above. Therefore, Committee shall consider the policies contained in Section D4.3.2, land division by consent: The creation of new lots for any permitted use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section D4.3.1 and provided the proposed lot: a) fronts onto an existing public road that is maintained year round by a the Township, County or Province; b) will not cause a traffic hazard as a result of its location on a curve or a hill; c) can be serviced with an appropriate water supply and an appropriate means of sewage disposal; d) complies with the County of Simcoe access policies if the proposed lot is to be accessed by a County road; and, e) is not located on lands designated Rural Settlement Area in the Forest Home or Prices Corners Settlement Areas. If the proposed consent is granted, the severed lot fronts onto a public road that is maintained year round by the Township. The proposed lot would be serviced with an appropriate water supply and a private septic system. The applicants would have to verify that the sewage system on the retained lot would meet the minimum required setbacks as per Part 8 of the Ontario Building Code. At the time the report was written, comments have not been received from the Roads Department regarding criteria (b) and with respect to the proposed new driveway. ZONING BY-LAW The proposed lot if approved would comply with the zoning provision for lot frontage and lot area in the Residential One (R1) Zone. ANALYSIS The proposal appears to meet all the lot creation criteria set out in Section D.4.3.1 of the Official Plan. The nature of development proposed appears to be appropriate, as the new lot would be consistent with the surrounding residential use. The granting of the severance application would be in keeping with the residential subdivision and is appropriate for the desirable development of the lot. CONCLUSION 1. The application generally conforms with the lot creation policies of the Rural Settlement Area Designation in the Official Plan. RECOMMENDATION It is recommended that the Committee grant provisional consent for Application 2004-8-48 subject to the following 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 applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay a cash-in-lieu of parkland levy in the amount of $ 2000.00 in accordance with By-law 2004-076; 4. That the existing drainage be maintained, to the satisfaction of the Engineering Department & Public Works Department; 5. That the applicants verify that the sewage system on the retained lot meets the minimum required setbacks as per Part 8 of the Ontario Building Code; 6. That the applicants obtain an entrance permit from the Roads Department; 7. 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; 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. All of which is respectfully submitted, l~ Junior Planner Reviewed by, -AJ ~~ Andria Leigh, MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Alexander Rocke & Barbara Lawson Robertson 2004-8-49 3015 Penetanguishene Road, Concession 1, North Part of Lot 38, South Part of Lot 39 (Oro) THE PROPOSAL The purpose of application 2004-B-49 is to permit the creation of a new lot. The ,land to be severed is proposed to have a lot frontage of approximately 200 metres (656.16 feet), a lot depth of approximately 2,100 metres (6,889.7 feet) and a lot area of approximately 40.47 hectares (100 acres). The land proposed to be retained would have a lot frontage of approximately 160 metres (525 feet), a lot depth of approximately 2,100 metres (6,889.7 feet) and a lot area of approximately 40.47 hectares (100 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural Zoning By-law 97-95 - Agricultural/Rural (A/RU) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads- Building Department- The Township Building Dept. has reviewed this application and note that a site inspection was completed. The proposal appears to meet the minimum standards. Fire Department Engineering Department- No concerns. PLANNING DEPARTMENT BACKGROUND It is the applicant's intent to create a new residential lot fronting on Penetanguishene Road. The proposed new lot would have a lot frontage of approximately 200 metres (656.16 feet), a lot depth of approximately 2,100 metres (6,889.7 feet) and an area of 40.47 hectares (100 acres). The parcel proposed to be created has an existing house and numerous outbuilding and structures being located in the southern half of the existing farm operation. The retained parcel, being the northern half of the farm operation, is currently vacant. OFFICIAL PLAN There is no specific policy in the Rural designation for Committee to consider applications for large agricultural severances. Section D3.3.1 in the Rural designation permits the creation of new lots for residential purposes, in which the proposed severed lot would have a maximum lot area of 2.0 hectares (4.9 acres). The proposed application as submitted would permit the creation of two 100 acre lots. This would not be in keeping with the intent and objectives of the Rural designation. CONCLUSION The application does not conform to the policies of the Official. Plan as it relates to the proposal of creating a lot for residential/agricultural purposes having an area of approximately 100 acres. It is recommended that the applicants contact the Registry Office to determine whether the subject property had existed as two separate 100 acre lots at one point. In order to confirm that the lot to be created was once a separate lot, the Committee of Adjustment will require proof in the form of a deed that indicates that the lot was once legally conveyable and separate. The Committee could then consider an application to create the two 100 acre lots in which these lots have merged on title and once were legally separate. RECOMMENDATION It is recommended that the Committee Deny Consent Application 2004-B-49 as it does not conform to the policies of the Official Plan. Alternatively, the Committee may wish to Defer the application if the applicants believe that they can furnish proof that the lot from which the severance is proposed was a separate lot which once existed. All of which is respectfully submitted, l~ Andy Karaiskakis Junior Planner Reviewed by, AJ~y Andria Leigh, MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Larry Tupling 2004-A-36 31 Bards Beach Road, Plan 546, East Part Lot 6 (Orillia) THE PROPOSAL The applicant is requesting permission from the Committee of Adjustment to recognize a legal non-compliant setback from the high water mark of Bass Lake. If approved, the variance would permit a 26.7 m2 (288 ff) unenclosed porch with a roof overhang addition on the rear side of the existing dwelling. The proposed unenclosed porch shall be setback approximately 10 metres (33 feet) from the average high water mark of Bass Lake and 1.5 metres (5 feet) from the interior side yard for the west corner of the proposed porch. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Shoreline Zoning By-law 97-95 - Residential Limited Service with Holding Provision (RLS(H)) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department -The Township Building Dept. has reviewed this application and comment that the application purpose as described not as per construction already started and order to comply #04-NV2 issued. Engineering Department-No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 13.4 metres (44 feet), a shoreline frontage of approximately 13.4 metres (44 feet), a lot depth of approximately 38.1 metres (125 feet) and a lot area of approximately 510.95 m2 (5,500 ft2&. The lands currently have a one- storey cottage with an area of approximately 66.88 m2 (720 ft ). The applicant is proposing to construct a 26.75 m2 (288 ff) unenclosed porch at the rear of the dwelling being setback approximately 10 metres (33 feet) from the average high water mark of Bass Lake and 1.5 metres (5 feet) from the interior side yard for the west corner of the porch. The existing cottage is located within the 15 metre (49.2 feet) setback limits of the high water mark of Bass Lake. As a result, the applicant's cottage is a legal non-complying use and permission is required from the Committee of Adjustment for expansion to such uses. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by-law on the day the by-law was passed. The existing structure predates the 1 passage of the Township's By-law, being November 5,1997. Applications for expansions of non- conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide the Committee in considering expansions to legal non-conforming uses: a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust....and the degree to which any of these factors may be increased or decreased by the extension; and, ' d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be reasonable and in keeping with the surrounding residential area and therefore the proposal is considered to conform with the intent of the Official Plan. The primary role of setbacks to Bass Lake is to protect the natural features of the shoreline area and the immediate shoreline. The site inspection revealed that the existing cottage and proposed unenclosed porch addition should not adversely impact surrounding environmental features, as there are no large trees in the general area of the porch, will be setback at least 30 feet from the high water mark, and therefore the proposal is considered to conform with the general intent of the By-law. CONCLUSIONS 1. The requested permission to expand a legal non-conforming use represents a minor expansion that will have little or no impact on the environmental features or functions of the area. 2. The requested expansion to a legal non-conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATIONS It is recommended that Committee approve Minor Variance Application 2004-A-36 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING USE IS GRANTED FOR 31 BARDS BEACH ROAD FOR A 26.75 M2 (288 FT2) UNENCLOSED PORCH WITH A ROOF OVERHANG TO BE LOCATED AT THE REAR OF THE COTTAGE AND BEING SETBACK APPROXIMATELY 10 METRES (33 FEET) FROM THE AVERAGE HIGH WATER MARK OF BASS LAKE AND 1.5 METRES (5 FEET) FROM THE INTERIOR SIDE YARD FOR THE WEST CORNER OF THE UNENCLOSED PORCH 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 R.S.O. 1990, c.P. 13; 2 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 unenclosed porch with a roof overhang be no closer than 10 metres (33 feet) from the average high water mark of Bass Lake; 4. That the proposed unenclosed porch be no closer than 1.5 metres (5 feet) from the interior side yard for the west corner of the porch; 5. That the applicant obtains approval and a permit, if required, from the Nottawasaga Valley Conservation Authority; and, 6. That the setbacks be in conformity with the dimensions as set out in the application and by the sketch submitted with the application and approved by the Committee. All of which is respectfully submitted, ~K~ Andy Karaiskakis Junior Planner Reviewed by, ~J~~ Andria Leigh, MCIP, RPP Senior Planner 3 Township of Oro-Medonte Committee of Adjustment Planning Report for September 16, 2004 Darren Vivian A-24/02 (Rev) 1147 Line 15 N., Concession 2, South Part Lot 4 (Orillia) THE PROPOSAL The applicant is requesting modifications to application A-24/02 which was granted by Committee on August 15, 2002. Previously the applicant applied for and was granted relief to permit the expansion of a legal non- conforming use in the Environmental Protection Zone. In addition, the applicant sought relief from the maximum floor area for a proposed detached garage. Committee granted the proposed expansion to a legal non-conforming use, allowing a detached accessory building with an area of 89 m2 (960 ft2) and a 1 metre (3.28 feet) interior side yard. The applicant is now alternatively proposing to build an attached garage with an area of 66.88 m2 (720 fe) and is requesting the interior side yard be further reduced to 0.3 metres (1 foot). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Shoreline Zoning By-law 97-95 - Environmental Protection (EP) and Agricultural/Rural Exception (AIRU*90) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department -The Township Building Dept. has reviewed this application and comment that a site inspection was completed and that the proposal appears to meet the minimum standards. Also, the building designer must include the requirements for limiting distance in exterior wall construction and footing design for footings within the water table. Engineering Department-No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 22.86 metres (75 feet), a lot depth of approximately 121.92 metres (400 feet) and a lot area of approximately 0.27 hectares !0.68 acres). The lands currently have a one-storey dwelling with an area of approximately 92.9 m2 (1 ,000 ft ) with an attached deck at the rear of the dwelling. On August 15, 2002, the applicant applied for and was granted relief to construct a detached garage with an area of 89 m2 (960 ft2) and an interior side yard setback of 1 metre (3.28 feet) for the south lot line. The applicant is proposing to enlarge the house with a proposed 66.88 m2 (720 ft2) attached garage on the south side of the existing dwelling and is requesting the interior side yard be further reduced to 0.3 metres (1 foot). The existing dwelling is located within the limits of the Environmental Protection Zone as noted in Zoning By- law 97-95. As a result, the applicant's dwelling is a legal non-complying use and permission is required from the Committee of Adjustment for expansion to such uses. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by-law on the 1 day the by-law was passed. The existing structure predates the passage of the Township's By-law, being November 5, 1997, as the dwelling was constructed in 1991. Applications for expansions of non-conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide the Committee in considering expansions to legal non-conforming uses: a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust.. ..and the degree to which any of these factors may be increased or decreased by the extension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be a reasonable enlargement to an existing dwelling unit and therefore the proposal is considered to conform with the intent of the Official Plan. In assessing the issue of conformity with the Zoning By-law, the attached garage should not detract from the overall character of the lot and surrounding community. One of the purposes of maintaining minimum interior side yards in a residential zone is to maintain and protect the residential character of the community. Given that the applicants do not currently have a garage and the lot is somewhat constrained due to its lot dimensions and the location of the septic system behind the existing dwelling, the proposed variance is considered to conform with the general intent of the Zoning By-law. CONCLUSIONS As there is a natural drainage outlet on the property line that affects the drainage under Line 15 to Bass Lake, comments from the Public Works department and from the Nottawasaga Valley Conservation Authority are required prior to final consideration of this application. At the time this report was written, comments have yet to be received from the Public Works department. RECOMMENDATIONS 1. It is recommended that Committee defer Minor Variance Application A-24/02 until comments have been received from the Nottawasaga Valley Conservation Authority and from the Public Works department. All of which is respectfully submitted, )~ Andy Karaiskakis Junior Planner Reviewed by, ----1J 4 Andria Leigh, MCIP, RPP Senior Planner 2 Committee of Adiustment Minutes e Thursdav AU2ust 12. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Garry Potter, Member Michelle Lynch, 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. DiscJosure of Pecuniary Interest - None declared 3. Hearin2s: 9:30 2004-B-25 Dorothy Hopkins Cone. 1, Part Lot 15 (OriIlia) 148 Line 15 S. e In Attendance: Dorothy & Oliver Hopkins, applicants, Tosh Skalosky, representing Del-Coin Inc. Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, dated August 10, 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 grant Provisional Consent regarding Application 2004-B-25 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; e 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 1 e 3. That the severed lands be merged in title with the Del-Coin Holdings lands 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; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That all municipal taxes be paid to the Township of Oro-Medonte; and, 6. 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 -32 Len & Sandra Bray Plan 1291, Lot 14 (Oro) 33 Grandview Crescent In A ttendance: Len Bray, applicant & Robert Furno, builder Decision e Moved by Garry Potter, seconded by Allan Johnson "That the Committee hereby Grant Minor Variance application 2004-A-32, 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; 2. The proposed deck shall be setback no closer than 15.8 metres (51.8 feet) from the closest point of the proposed deck to the average high water mark; 3. That the applicant must verify that sewage system meets the required setbacks as per Part 8 of the Ontario Building Code. 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 R.S.O. 1990, c.P. 13. e ...Carried." 2 9:50 2004-B-34 638230 Ontario Ltd. Cone. 13, East Part Lot 5 (Medonte) - In Attendance: Jack Keizer, president of 638230 Ontario Ltd., & Rick Vivian, 1719 Warminster Sideroad. Decision Moved by Garry Potter, seconded by Michelle Lynch "That the Committee hereby defer Application 2004-B-34 until such time as the status of the Plan of Subdivision application has been determined and all matters relating to the development of the entire parcel have been considered by Council. ...Carried" 1 0:00 2004-B-35 Donald James Woodrow Cone. 6, East Part Lot 2 (Medonte) 3624 Line 6 N. In Attendance: Don Woodrow, applicant. e Decision Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby approve Consent Application 2004-B-35 subject to the following conditions: 1. That three copies of a Reference Plan of the severed land prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the applicant's solic.itor 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 as cash-in-lieu of a parkland dedication; 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, e 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3 ... ..Carried." e 10:10 2004- B-36 Gerald & Laura Heatherington Cone. 8, Lots 26 & 27, Un- registered Plan No. 606, Lots 98- 107 & 137-146 (Oro) 25 Sophia Ave. In Attendance: No one. Acting Secretary-Treasurer read letter from Judy Hardy, 6 Sophia Ave. dated August 11, 2004 verbatim to the Committee members and those present in the audience. The application has been withdrawn and was dealt with by Council. No decision was made by the Committee. 10:20 2004-B-38 Dan & Mary Rupke Cone. 5, East Part Lot 23 & 24 (Oro) 432 Line 5 S. e In Attendance: Dan & l\1ary Rupke, applicants, Lucille & David Hill, 576 Line 5 S., & Barry Stephenson, 546 Line 5 S. Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby grant Provisional Consent as amended to a depth of 68.58 metres (225 feet) to Application 2004-B-38 subject to the following 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's solicitor prepare and submit a copy of the proposed conveyance for the severed parcel, for review by the Municipality; 3. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 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; e 5. That the applicant apply for and obtain an easement for access to the East Half Part Lot 24, Concession 5; 4 6. That the applicant pay a cash-in-lieu of parkland levy in the amount of $ 2000.00 in accordance with By-law 2004-076; and, e 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ...Carried." 10:30 2004-B-39 Donald & Helen Bell Cone. 13, West Part Lot 13 (l\1edonte) 4983 Line 12 N. In Attendance: Don Bell, applicant Acting Secretary-Treasurer read letter from Peter & Karyn McKinnon, 281 Medonte Sideroad 2, dated August 4, 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-39 being a bona fide retirement lot from an original lot subject to the following conditions: 1. That three copies of a Reference Plan of the severed land prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the applicant's solicitor 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 as cash-in-lieu of a parkland dedication; 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 the notice. ...Carried" e 5 10:40 2004-B-10(Rev) APT Operational :Management Conc. 2, Part Lot 2, RP 51R-28938 Parts 2 & 5 (Oro) 2953 Ridge Road W. - In Attendance: l\1ark & Kathy Porter, applicants, and Glenn Lucas, agent. Decision Moved by Garry Potter, seconded by Allan Johnson "That the Committee hereby grant Provisional Consent for application 2004-B-I0 as revised for the creation of a new lot subject to the following conditions: 1. That three copies of a Reference Plan of the subject land prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay a cash-in-lieu parkland levy in the amount of $ 2,000.00 in accordance with By-law 2004-076; -- 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 lands be appropriately zoned to reflect the size and frontage of both the severed and retained lots and the location of the dwelling; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. ... ..Carried." 10:50 2004-B-31 Horseshoe Valley Resort Conc. 3, Part East Half Lots 1 & 2, Parts 1 & 17 on RP 51R-32830 (Medonte) In Attendance: Ellen Dunn, representing Horseshoe Valley Resort Decision Moved by Michelle Lynch, seconded by Garry Potter e "That the Committee hereby grant Provisional Consent for application 2004-B-31 subject to the following conditions: 6 e 1. That the applicant's solicitor prepare and submit a copy of the proposed conveyance, for review by the Municipality; 2. That the Township is satisfied that the lot can be serviced by sewer and water services; and, 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice ...Carried." 11:00 2004-B-32 Horseshoe Valley Resort Cone. 3, Part East 1/2 Lots 1 & 2, Part 35 on RP 51R- 32830 (Medonte) In Attendance: Ellen Dunn, representing Horseshoe Valley Resort Decision Moved by Michelle Lynch, seconded by Lynda Aiken It "That the Committee hereby grant Provisional Consent for application 2004-B-32 for the proposed easement to The Heights of Horseshoe Ski & Country Club subject to the following conditions: 1. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and 2. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice. .. ...Carried." 11:10 2004-B-37 Eric Cumming Cone. 5, Part Lot 20 (Oro) 80 Line 5 N. In Attendance: No one. Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, received August 10, 2004 verbatim to the Committee members and those present in the audience. e 7 Decision e Moved by Allan Johnson, seconded by Garry Potter "That the Committee hereby defer Consent Application 2004-B-37 to be considered at a future date. ... ..Carried." 11:20 2004-B-40 Kaycee Enterprises Ltd. Cone. 3, Part Lot 20 (Oro) 1633 Highway 11 In Attendance: Julianne Keegan, owner of Kaycee Enterprises Ltd. ' Acting Secretary-Treasurer read letter from Kevin DeVos, Permits Officer, Ministry of Transportation, dated August 10, 2004 verbatim to the Committee members and those present in the audience. The application has been withdrawn and should be dealt with by Council. No decision was made by the Committee. e 11:30 2004-B-41 Horseshoe Salvil (Oro) Ltd. Plan M477, Lot 32 (Oro) 18 Valleycrest Dr. In Attendance: John Cockburn, solicitor for the applicants. Decision Moved by Garry Potter, seconded by Michelle Lynch "That the Committee hereby grant Provisional Consent regarding Application 2004-B-41 subject to the following conditions: 1. That three copies of Reference Plan 51R-31572 be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance, for review by the Municipality; and, 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. e .. ...Carried." 8 11:40 2004-A-33 Holly & Bill Pattenden Plan 1310, Lot 33 (Oro) 10 Glengrove Ave. e In Attendance: Bill Pattenden, applicant. Decision Moved by Lynda Aiken, seconded by Allan Johnson "That the Committee hereby approve Minor Variance Application No. 2004-A-33, granting variances of 1.93 metres for the south corner of the proposed addition and 2.02 metres for the north corner of the proposed addition from the minimum required front yard of 7.5 metres (24.6 feet) subject to the following conditions: 1. That the proposed addition be located no closer than 5.57 metres (18.3 ft.) at the north corner and 5.48 metres (18 f1.) at the south corner respectively. 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 R.S.O. 1990, c.P. 13; e 3. 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; and, 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted. ...Carried." 11:50 2004-A-34 Stephanie & :Michael Forhan Plan M755, Lot 38 (Oro) 101 Lakeshore Road W. In Attendance: Mike Forhan, applicant, and 'Varren Fitzgerald, contractor Decision Moved by Lynda Aiken, seconded by Michel1e Lynch "That the Committee hereby approve application 2004-A-34 as fol1ows: e THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 101 LAKESHORE ROAD WEST FOR A HALF STOREY ADDITION TO THE EXISTING DWELLING AND FOR THE DETACHED GARAGE, ADDmONS TO THE EAST AND WEST SIDE OF 9 THE EXISTING DWELLING AND FOR AN ATTACHED DECK AT THE REAR OF DWELLING e and subject to the following conditions: 1. The east side of the expanded dwelling shall be no closer than 2.39 metres (7.84 feet) from the side lot line; 2. The west side of the expanded dwelling shall be no closer than 2.6 metres (8.53 feet) from the side lot line; 3. The proposed deck shall be no closer than 10.9 metres (35.76 feet) from the average high water mark of Lake Simcoe. 4. The front yard of the detached garage maintain the 1.37 metres (4.5 feet) setback from the front lot line; 5. The west interior yard of the detached garage maintain the 0.96 metres (3.15 feet) setback from the side lot line. 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; tit 7. That the setbacks be in conformity with the dimensions as set out in the application and approved by Committee; and, 8. 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. ... ..Carried." 12:00 2004-A-35 Don & Dollores Wadden Cone. 5, Plan 324, Lot 2 (Oro) 4 TriUium Trail In Attendance: Dollores Wadden, applicant Decision Moved by Garry Potter, seconded by Allan Johnson "That the Committee hereby Grant Minor Variance 2004-A-35, subject to the following conditions: e 10 e 1. That the proposed addition be located no closer than 2.03 m (6.66 ft) for the east comer and 1.1 metres (3.6 feet) for the west comer of the addition from the interior lot line; 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 R.S.O. 1990, c.P. 13; 3. 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, 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted. ...Carried." 4. Other Business Moved by Garry Potter, Seconded by Allan Johnson "That the minutes for the July 15th 2004 Meeting be adopted as printed and circulated e . . . Carried." 5. Adlournment Moved by Garry Potter, Seconded by Allan Johnson "We do now adjourn at 3:10 p.m." . .. Carried. (NOTE: A tape of this meeting is available for review.) e 11