04 15 2004 C of A Minutes
Committee of Adjustment Minutes
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Thursday April 15. 2004. 9:30 a.m.
In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson,
Member Michelle Lynch, Member Garry Potter, Senior Planner Andria Leigh and Junior
Planner/Acting Secretary-Treasurer Andy Karaiskakis.
1. Communications and Correspondence
-Letter from Glen & Shirley Bell dated March 18,2004
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the letter dated March 18,2004 from Glen & Shirley Bell be received
... .Carried"
2. Disclosure of Pecuniary Interest
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Member Garry Potter declared a conflict of interest regarding application 2004-B-08
as his boat is stored at the marina owned by the applicant.
3. Hearinszs:
9:30
2004-A-09
Warren & Kerri Ann Fitzgerald,
Gary & Mindy West
Cone. 7, Plan 755, Part Lot 41,
Part Lot 42 (Oro)
107 Lakeshore Road W.
In Attendance: Warren Fitzgerald
Decision
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby Grant Minor Variance application 2004-A-09 as follows:
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THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS
GRANTED FOR 107 LAKESHORE ROAD WEST FOR A 20 M2 (221 FT2)
DECK ADDITION AT A DEPTH OF NO MORE THAN 1.8 METRES (6 FEET)
AT THE REAR OF THE DWELLING.
and subject to the following 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. The unenclosed deck shall be setback no closer than 8.2 metres (27 feet) from the
high water mark of Lake Simcoe;
3. The unenclosed deck shall be setback no closer than 2 metres (6.5 feet) from the
interior side yard;
4. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee;
5. 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; and
6. That all municipal taxes be paid to the Township of Oro-Medonte.
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.....Carried."
9:40
2004-A-07
Ian & Mimi Eng
Plan 791, W 16, Lot 17 to 18
(Orillia)
33 Goss Road
In Attendance: Ian & Mimi Eng, applicants
Acting Secretary-Treasurer read letter from Tim Salkeld, Nottawasaga Valley
Conservation Authority, received April 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 Grant Minor Variance 2004-A-07 subject to the following
conditions:
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1. The proposed elevated unenclosed deck shall be setback no closer than 7 metres
(23 feet) from the average high water mark of Bass Lake;
2. The proposed dwelling shall be setback no closer than 9 metres (29 feet) from the
average high water mark of Bass Lake;
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3. The proposed dwelling shall be setback no closer than 6.1 metres (20 feet) from
the front lot line;
4. That the setbacks be in conformity with the dimensions as set out in the application,
as submitted;
5. That the appropriate permit be obtained from the Nottawasaga Valley Conservation
Authority, pursuant to regulations made under the Conservation Authorities Act;
6. That the applicants obtain approval for a Part 8 Sewage Application as determined
by the Township of Oro-Medonte Building Department;
7. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey/real
property report; and,
8. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and binding,
as provided for within the Planning Act RS.O. 1990, c.P. 13.
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...Carried."
9:50
2004-B-08
Bartor Associates
Cone. 6, Part Lot 27, RP 51R-
16789 Part 1, LESS RP 51R-26439
Part 1 Less RP 51R-27754 Part 2
(Oro)
In Attendance: Siim Holmberg, representing applicant, Frank Lepschi, 220
Lakeshore Rd W, Neil Cragg, 224 Lakeshore Rd W, Mr. Marten, 226
Lakeshore Rd W, Debbie Dawney, 212 Lakeshore Rd W.
Decision
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby grant Consent application 2004-B-08 as amended with a lot
depth of approximately 45 metres (147.6 feet) and a total lot area of 0.68 acres (2778
square metres) subject to the following conditions:
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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;
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;
6. That the applicant apply for and obtain a rezonIng on the subject lands to
accurately reflect the land use; and,
7. If further buildings are proposed to be erected on the subject lands or if the lot
grading changes, the existing drainage must remain as is.
...Carried"
10:00
2004-A-I0
Blueberry Beach
Development Corporation Limited
East Part Lot 20, South Part Lot
19, Block C, Pt BLK E RP 51R-
11728 Pts 1, 2 (Orillia)
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In Attendance: John Lean, applicants' agent.
Decision
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Committee hereby Grant Minor Variance application 2004-A-10, 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;
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2. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee;
3. That the applicants obtain approval for a Part 8 Sewage Application from the
Township of Oro-Medonte Building Department;
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4. 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-7/03(Rev)
Maria Christina Jannetta
Cone. 9, Plan 882, Lot 5 (Oro)
1047 Lakeshore Rd E.
In Attendance: Maria Christina Jannetta & Nick Collarusso, owners.
Decision
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby Grant Minor Variance Application A- 7 /03 as revised,
subject to the following conditions:
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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 septic system must meet the ffilmmum setback requirements to the
proposed extension;
3. That the setbacks be in conformity with the dimensions as set out in the application,
according to the applicant's sketch dated June 9,2003 as amended by the Applicant
March 8, 2004;
4. That the relief granted through Minor Variance A7/O3 apply only to the construction
of the new dwelling, the 10 foot by 35 foot 10 inch attached deck, and the detached
future garage and that all subsequent building or expansion must conform to the
Township's Zoning By-law as amended; 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."
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10:20
B- 7 /03(Rev)
Steven McCreary
Cone. 9, Part Lot 4, West Part Lot
5 (Oro)
2801 Line 8 N.
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In Attendance: Steven McCreary, applicant
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Acting Secretary-Treasurer read letter from Gail White, Planner Simcoe County,
received April 13, 2004 verbatim to the Committee members and those present in
the audience.
Decision
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby Grant Consent application B- 7 /03 as amended for the
creation of a new residential lot having a frontage of 110 metres (360 feet) and a depth of
175 metres (574 feet) being relocated in the north-west corner of the subject property and
subject to the following conditions:
1. That three copies of a Reference Plan of the new lots be prepared by an Ontario
Land Surveyor and be submitted to the Secretary-Treasurer;
2. That the applicant prepare and submit a copy of the proposed conveyance for each
parcel severed, for review by the Municipality;
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3. That the applicant dedicate to the Municipality $500.00 as a parkland contribution
for each lot to be created as cash-in-lieu of a parkland contribution pursuant to
subsection 53(12) of the Planning Act, RS.O. 1990 c. P. 13.;
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 conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of this notice as noted below; and
6. That the applicant apply for and obtain a rezoning to accurately reflect the
intended usage of the severed lot for residential purposes.
...Carried."
10:30
2004-A-05(Rev)
Marvin & Wendy Beamish
Plan 1642, Lot 32 (Oro)
227 Tudhope Blvd.
In Attendance: Marvin Beamish, applicant.
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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-05 being a 89.18
square metres (960 square foot) detached accessory building to a residential use subject to
the following conditions:
1. That the size of the proposed detached accessory structure be a maximum of 89.18
square metres (960 square feet);
2. That the applicants obtain approval for a Part 8 Sewage Application from the
Township of Oro-Medonte Building Department;
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;
4. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee; and
5. That all municipal taxes be paid to the Township of Oro-Medonte.
...Carried"
10:40
2004-A-12
Marie Louise & Herman Martin
Cone. 3, West Part Lot 20 (Oro)
1681 Highway 11
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In Attendance: Anson McQuarrie, purchaser of lot.
Acting Secretary-Treasurer read letters from Kevin DeVos, Ministry of
Transportation, received April 15, 2004 and from Tim Salkeld, Nottawasaga Valley
Conservation Authority, received April 14, 2004 verbatim to the Committee
members and those present in the audience.
Decision
Moved by Lynda Aiken, seconded by Garry Potter
"That the Committee hereby defer Minor Variance application 2004-A-12 to allow the
applicant an opportunity to address the comments noted in the planning report.
.....Carried."
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10:50
2004-A-ll
David & Lorna Chapman
Cone. 3, Part Lot 24, 51R-18326
Part 1 (Medonte)
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In Attendance: David Chapman, applicant
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Decision
Moved by Allan Johnson, seconded by Michelle Lynch
"That the Committee hereby Grant application 2004-A-l1, 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 and septic system be constructed in the development
envelope set out by the Nottawasaga Valley Conservation Authority, being 20
metres from the north-east corner of the lot travelling westward, a depth of 76
metres, 49 metres from the south-east corner of the lot travelling along the rear lot
line westward and an area of 2,622 m2 (28,223 ft2);
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 applicants obtain approval for a Part 8 Sewage Application from the
Township of Oro-Medonte Building Department;
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.; and,
6. That the applicant enter into a site plan agreement with the Township which would
include the preparation of a lot grading plan to address stormwater management
matters and all other technical matters required by the Township of Oro-Medonte
and the Nottawasaga Valley Conservation Authority.
...Carried."
11:00
2004-A-13
Tara Fingold
Plan 1151, Part Lot 22 & 23 (Oro)
33 McLean Cresc.
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In Attendance: Frank Burns, applicants' agent, Robert Barlow, neighbour
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Acting Secretary-Treasurer read letter from Robert Barlow, 5 McLean Cresc,
received April 14, 2004 verbatim to the Committee members and those present in
the audience.
Decision
Moved by Michelle Lynch, seconded by Garry Potter
"That the Committee hereby Grant Minor Variance application 2004-A-13, 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. The proposed deck shall be setback no closer than 17 metres (55.7 feet) from the
high water mark of Lake Simcoe;
3. That the setbacks be in conformity with the dimensions as set out in the application,
as submitted; and,
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4. That the appropriate conditional 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., in order to
ensure the appropriate lot grading is completed to the satisfaction of the building
department.
...Carried"
11:10
2004-B-11
The Heights of Horseshoe Ski &
Country Club
Cone. 3, Part Lots 1 & 2, RP 51R-
22624 Parts 1 & 2 (Medonte)
2004-B-12
Horseshoe Valley Resort Ltd.
Cone. 3, Part East Half Lots 1 & 2,
(Medonte)
In Attendance: Martin Kimble, representing Horseshoe Resort, Rebecca
Brown, 17 Birch Road, Joe Curtin, 3 Country Club Lane.
Decision
Moved by Garry Potter, seconded by Allan Johnson
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"That the Committee hereby grant Consent application 2004-B-ll for proposed boundary
adjustments/lot additions between the Heights of Horseshoe Ski & Country Club and
Horseshoe Valley Resort Ltd. subject to the following conditions:
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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; 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.
... ..Carried."
Moved by Garry Potter, seconded by Lynda Aiken
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"That the Committee hereby grant Consent application 2004-B-12 for proposed boundary
adjustments/lot additions between the Heights of Horseshoe Ski & Country Club and
Horseshoe Valley Resort Ltd. 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; 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.
.. ...Carried."
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11:20
2004-B-13
Horseshoe Valley Resort Ltd.
Cone. 3, Part East Half Lots 1 & 2
RP 51R-5809 pt of Pts 1, 2, 3 RP
51R-8682 Parts 1 & 2 (Medonte)
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2004-B-14
Horseshoe Valley Resort Ltd.
RP 51R-5809 Pt of Pts 1, 2, 3 RP
51R-8682 Parts 1 & 2 (Medonte)
2004-B-15
Horseshoe Valley Resort Ltd.
Cone. 3, Part East Half Lots 1 & 2
RP 51R-5809 Pt of Pts 1, 2, 3 RP
51R-8682 Parts 1 & 2 (Medonte)
In Attendance: Martin Kimble, representing Horseshoe Resort & Joe Curtin, 3
Country Club Lane.
Decision
Moved by Garry Potter, seconded by Allan Johnson
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"That the Committee hereby Grant Consent application 2004-B-13 for a proposed
easement to The Heights of Horseshoe Private Ski Club 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 applicant prepare and submit a copy of the proposed conveyance for the
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 of the giving of the notice.
... ..Carried."
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby Grant Consent application 2004- B-14 for a proposed
easement for future water line services 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 applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality; and
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3. 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."
Moved by Garry Potter, seconded by Lynda Aiken
"That the Committee hereby Grant Consent application 2004- B-15 for a proposed
easement to the New Millennium Homes Condominium Project 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 applicant prepare and submit a copy of the proposed conveyance for the
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 of the giving of the notice.
.....Carried."
11:30
2004-B-I0
APT Operational Management
Inc.
Cone. 2, Part Lot 2, RP 51R-28938
Parts 2 & 5 (Oro)
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In Attendance: Glen Lucas, applicants' agent and Mark Porter, owner.
Acting Secretary-Treasurer read letter from Sharon Beattie, Engineering/Planning
Technician Simcoe County, received April 14, 2004 verbatim to the Committee
members and those present in the audience.
Decision
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby Defer Consent application 2004-B-I0 at the request of the
applicant to address concerns brought forth by the County of Simcoe RoadsÆngineering
Department.
...Carried."
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11:40
2004-B-09
APT Operational Management
Inc.
Cone. 2, Part Lot 2, RP 51R-28938
Parts 2 & 5 (Oro)
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In Attendance: Glen Lucas, applicants' agent and Mark Porter, owner.
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Decision
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby Grant Consent application 2004-B-09 a boundary
adjustment/lot addition of 0.14 hectares (0.34 acres) 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;
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5. That the applicant obtain a re-zoning to accurately reflect the revised minimum lot
frontage and lot area requirements of both parcels; 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"
11:50
A-16/03(Rev)
Mark Prince
Cone. 1, East Part Lot 42 (Flos)
In Attendance: Mark Prince, applicant
Decision
Moved by Michelle Lynch, seconded by Garry Potter
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"That the Committee hereby Grant Minor Variance Application A16/03(Rev) subject to
the following conditions:
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1. That the ground floor area of the structure shall not exceed 144 m2 (1550 ft2) and
the height of the structure shall not exceed 6.6 metres (21.7 feet);
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2. That the interior side yard and rear yard for the proposed structure shall be no
closer than 7.6 m (25 ft);
3. That the proposed structure shall be used in accordance with the permitted uses of
the Agricultural/Rural (AlRU) zone based on the minimum lot area requirements;
4. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey/real
property report; and,
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"
4. Other Business
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None
5. Adjournment
Moved by Garry Potter, Seconded by Allan Johnson
"We do now adjourn at 3:30 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: April 15. 2004
Seconded By
~, (\,.
Resolution No.
Be it resolved that
we do now adjourn at
.m.
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CHAIRPERSON
SE
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