02 12 2004 C of A Minutes
Committee of Adjustment Minutes
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Thursdav February 12. 2004. 9:30 a.m.
In Attendance: Member Lynda Aiken, Member Allan Johnson, Member Dave Edwards,
Member Garry Potter, Member Michelle Lynch, Junior Planner/Acting Secretary-
Treasurer Andy Karaiskakis, and Senior Planner Andria Leigh
1. Nomination and Election of Chairperson
The Secretary-Treasurer opened the floor for nominations for the position of Chairman
for the year 2004.
Moved by Garry Potter, seconded by Allan Johnson
That Dave Edwards be nominated for the position of Chairman for 2004.
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The nominations for the position of chairman be closed.
The Secretary-Treasurer asked Mr. Edwards if he would stand for the position of
Chairman and Mr. Edwards accepted.
2. Communications and Correspondence
-None
3. Disclosure of Pecuniary Interest
-None declared
4. Hearin2s:
9:30
2004-A-Ol
Brad & Anne Moore
Plan 381, Lot 3 (Oro)
6 Lakewood Court
In Attendance: Brad & Anne Moore, applicants.
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Decision
Moved by Allan Johnson, seconded by Lynda Aiken
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"That the Committee hereby Grant Minor Variance application 2004-A-01 subject to the
following conditions:
1. That the size of the proposed apartment dwelling unit be no larger than 75 square
metres (807.3 square feet);
2. That the applicants obtain approval for a Part 8 Sewage Application from the
Township of Oro-Medonte Building Department; 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."
9:40
2004-A-02
Karl & Anne Locke
Conc. 14, Plan M205, Lot 7 (Oro)
14 Petherwin Place
In Attendance: Karl Locke, applicant.
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Decision
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby Defer Minor Variance 2004-A-02 until such time the
snow cover has melted to view the pond and stream on the lot and for the applicants
to stake out the proposed location of the house.
...Carried."
9:50
2004-A-03
Penman Construction Inc.
Concession 11, East Part Lot 22
(Oro)
In Attendance: Kris Menzies, agent representing applicant, Bob Murray,
neighbour.
Decision
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Moved by Lynda Aiken, seconded by Michelle Lynch
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"That the Committee hereby Grant Minor Variance 2004-A-03 subject to the following
list of conditions:
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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 for a Part 8 Sewage Application from the
Township of Oro-Medonte Building Department; and,
3. That all municipal taxes be paid to the Township of Oro-Medonte.
...Carried"
10:00
2004- A -04
Greg & Anke Wallace
Conc. 9, Part Lot 15 (Oro)
In Attendance: Greg Wallace, applicant, Elizabeth May, neighbour.
Decision
Moved by Allan Johnson, seconded by Lynda Aiken
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"That the Committee hereby Grant application 2004-A-04, subject to the following
conditions:
1. That prior to issuance of a building permit, an Ontario Land Surveyor provide
verification to the Township of compliance with the Committee's decision by 1)
pinning the footing and 2) verifying in writing prior to pouring of the foundation by
way of survey/real property report prepared by an Ontario Land Surveyor;
2. That the proposed dwelling be no closer than 1 metre from the Environmental
Protection boundary;
3. That the proposed dwelling be no closer than 3 metres from the interior side lot line;
4. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee;
5. That the applicants prepare a lot grading plan for review by the Municipality to
ensure stormwater management on the subject property at the time of consideration
for the building permit;
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6. That the applicants obtain approval for a Part 8 Sewage Application from the
Township ofOro-Medonte Building Department; and,
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7. 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
A-28/03(Rev)
Robert & Therese Brown
Plan M-324, Lot 15 (Oro)
30 Trillium Trail
In Attendance: Doug Pitowski, agent representing applicants.
Decision
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Committee hereby Not Grant the revision to Minor Variance A-28/03 and that
the proposed deck conform with the previous setback to the slope of 7 metres (23 feet)
granted by the Committee in August 2003.
... ..Carried."
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10:20
A -45/03(Rev )
Claudio & Milena Del Duca
Conc. 13, Plan 952, Lot 75 (Oro)
2285 Lakeshore Road E.
In Attendance: Claudio Del Duca, applicant.
Decision
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby Grant application A-45/03(Rev), subject to the following
conditions:
1. That prior to issuance of a building permit, an Ontario Land Surveyor provide
verification to the Township of compliance with the Committee's decision by 1)
pinning the footing and 2) verifying in writing prior to pouring of the foundation by
way of survey/real property report prepared by an Ontario Land Surveyor;
2. That the height of the proposed boathouse be no more than 8.9 metres (29 feet);
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3. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee;
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4. That the applicant obtain approval from Lake Simcoe Region Conservation
Authority, if a permit is required, prior to commencement of any development or
construction on the lands; 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
B-45/03
George Anderson
Concession 12, East Part Lot 11
(Oro)
1933 Old Barrie Road
In Attendance: Don Jenkins, agent representing applicant, Eric Scott,
neighbour.
Decision
Moved by Allan Johnson, seconded Lynda Aiken
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"That the Committee hereby Grant Consent application B-45/03 to permit the boundary
adjustment, subject to the following conditions:
1. That three copies of a Reference Plan and two digital copies of the same of the
subject lands prepared by an Ontario Land Surveyor be submitted to the
Committee Secretary;
2. That the severed lands be merged in title with the applicant's rural residential lot
and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject lands;
3. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
5. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of this notice as noted below.
...Carried"
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10:40
2004-B-Ol
Thomas Edward Stoer
Conc. 6, West Part Lot 4, 51R-
2669 Part 1 ROW Part 3
(Medonte)
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In Attendance: Klaus Jacoby, applicant's solicitor, Thomas Stoer, applicant,
Elizabeth Dunn, neighbour.
Decision
Moved by Michelle Lynch, seconded Allan Johnson
"That the Committee hereby Grant Consent application 2004- B-O 1 subject to the
following conditions:
1. That three copies of a Reference Plan in addition with 2 digital copies of the same
of the subject lands prepared by an Ontario Land Surveyor be submitted to the
Committee Secretary;
2. That the severed lands be merged in title with the applicant's rural residential lot
and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject lands;
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3. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality; and,
5. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
10:50
2004-B-02
William & Elizabeth Dunn
Conc. 6, West Part Lot 4, 51R-
11356 Pts 1, 3, Plus ROW on Pt 2
SUBJ to ROW Pt 3 (Medonte)
In Attendance: Klaus Jacoby, applicant's solicitor, Elizabeth Dunn,
applicant, Thomas Stoer, neighbour.
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Decision
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Moved by Lynda Aiken, seconded Allan Johnson
"That the Committee hereby Grant Consent application 2004-B-02 subject to the
following conditions:
1. That three copies of a Reference Plan in addition with 2 digital copies of the same
of the subject lands prepared by an Ontario Land Surveyor be submitted to the
Committee Secretary;
2. That the severed lands be merged in title with the applicant's rural residential lot
and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject lands;
3. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
5. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
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11:00
2004-B-03
...Carried."
William & Elizabeth Dunn
Conc. 6, West Part Lot 4, 51R-
11356 Pts 1, 3, Plus ROW on Pt 2
SUBJ to ROW Pt 3 (Medonte)
In Attendance: Klaus Jacoby, applicant's solicitor, Elizabeth Dunn,
applicant, Thomas Stoer, neighbour.
Decision
Moved by Allan Johnson, seconded Michelle Lynch
"That the Committee hereby Grant Consent application 2004-B-03 subject to the
following conditions:
1. That three copies of a Reference Plan in addition with 2 digital copies of the same
of the subject lands prepared by an Ontario Land Surveyor be submitted to the
Committee Secretary;
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2. That the severed lands be merged in title with the applicant's rural residential lot
and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject lands;
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3. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
5. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
11:10
B-4/03(Rev)
...Carried."
Carolyn Charlene Clark
Part Lots 15 & 16, South Side of
Davis St.; Part Lots 14,15,16,
Fronting on KempenfeIt Bay; Part
Water Lots 14 & 15 in front of
Lots 14 & 15, South Side of Davis
St. (Oro)
71 Barrie Terrace
In Attendance: Klaus Jacoby, applicant's solicitor, Carolyn Clark, applicant,
Christian Meissner, neighbour.
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Decision
Moved by Allan Johnson, seconded by Michelle Lynch
"That the Committee hereby Grant Consent application B-4/03(Rev) subject to the
following conditions:
1. That three copies of a Reference Plan in addition with two digital copies of the
same of the new lot be prepared by an Ontario Land Surveyor be submitted to the
Secretary-Treasurer;
2. That the severed lands be merged in title with the applicant's residential lot and
that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply
to any subsequent conveyance or transaction involving the subject lands;
3. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
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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.
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...Carried."
4. Other Business
1. Moved by Allan Johnson, Seconded by Lynda Aiken
"That the minutes for January 15th 2004 meeting be adopted as printed and
circulated
.. . Carried."
2. Amend Conditions of Consent for applications B-5/03(Meissner) & B-3/03(Clark)
Moved by Allan Johnson, second by Michelle Lynch
"That the Conditions to Consent Application B-5/03 be modified to state:
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary;
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2. That the applicant prepare and submit 3 original copies of the deeds for the
parcel(s) severed, one copy to be retained by the Municipality;
3. That the applicant convey to the owner of the lands to the south, Carolyn
Charlene Clark, as a lot addition, the southerly 7.62 metres of the lands
severed and a part of the lands intended to be retained having an area of 318
square metres (3423 square feet) and designated as Part 5 as a lot addition to
the Clark lands as shown on the Plan of Survey dated January 20, 2004.
4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu
of a parkland contribution pursuant to subsection 53(12) ofthe Planning Act,
RS.O. 1990 c. P.13;
5. That Part 5 on Plan of Survey dated January 20, 2004 be merged in title with
the lot directly to the south, Part 3, 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;
6. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title; and,
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7. 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."
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Moved by Lynda Aiken, second by Michelle Lynch
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"That the Conditions to Consent Application B-3/03 be modified to state:
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary-Treasurer;
2. That the applicant prepare and submit 3 original copies of the deeds for the
parcel(s) severed, one copy to be retained by the Municipality;
3. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu
of a parkland contribution pursuant to subsection 53(12) of the Planning Act,
RS.O. 1990 c. P.13;
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4. That the applicant convey to the Township, free and clear of encumbrances,
part of the former lands owned by the Canadian National Railway and
fronting on Colborne Street having a width of 20.8 metres (68.24 feet) and a
depth of approximately 115.78 metres (379.85 feet) designated as Part 1 on
the Plan of Survey dated January 20, 2004 for future municipal services,
reserving a Right-of-Way thereover in favour of the lands to be retained and
those to be severed until such time as same has been assumed by the
Township as a public highway. Until such time, the owners of the lands to be
retained and those severed shall be responsible for the maintenance and
upkeep of same;
5. That the applicant remove the existing septic system to be replaced by a new
septic system that will meet all current regulations, including setbacks;
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;
7. That the severed and retained lands be appropriately re-zoned by the
Township of Oro-Medonte to Shoreline Residential and until same has been
undertaken by the Township, any buildings to be constructed thereon shall
comply, save as to any variances which may have been granted, with the
Shoreline Residential (SR) zone provisions in effect at the time of issuance of
a building permit;
8. That Part 5 on Plan of Survey dated January 20, 2004 be merged in title with
the applicant's residential lot, Part 3, 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; and,
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9. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title.
.. ...Carried."
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5. Adjournment
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Moved by Michelle Lynch, Seconded by Lynda Aiken
"We do now adjourn at 3:20 p.m."
... Carried.
(NOTE: A tape of this meeting is available for review.)
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
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Moved By
Date: February 12. 2004
Seconded By
Resolution No.
Be it resolved that
the minutes of the January 15th 2004 meeting be adopted as printed and circulated.
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
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Moved By
Seconded By L-y(\~JlJ.ef'\
Date: February 12. 2004
Resolution No.
Be it resolved that
we do now adjourn at 3:20 p.m.
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1.~ -=
SECRETARY/TREASURER --
CHAIRPERSON
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