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08 12 2004 C of A Minutes Committee of Adjustment l\11nutes 8 Thursday Au2ust ]2. 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 (OrHlia) 148 Line 15 S. 8 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; 8 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 8 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 Attendance: Len Bray, applicant & Robert Fumo, builder Decision 8 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 RS.O. 1990, c.P. 13. 8 ...Carried." 2 9:50 2004-B-34 638230 Ontario Ltd. Conc. 13, East Part Lot 5 (Medonte) 8 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" 10:00 2004-B-35 Donald James \" oodrow Conc. 6, East Part Lot 2 (Medonte) 3624 Line 6 N. In Attendance: Don Woodrow, applicant. 8 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 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, 8 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." 8 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 Conc. 5, East Part Lot 23 & 24 (Oro) 432 Line 5 S. 8 In Attendance: Dan & Mary 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; 8 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, 8 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 (Medonte) 4983 Line 12 N. In Attendance: Don Bell, applicant Acting Secretary-Treasurer read letter from Peter & Karyn l\1cKinnon, 281 l\1edonte Sideroad 2, dated August 4, 2004 verbatim to the Committee members and those present in the audience. Decision 8 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. 8 ...Carried" 5 10:40 2004-B-I0(Rev) APT Operational Management Cone. 2, Part Lot 2, RP 51R-28938 Parts 2 & 5 (Oro) 2953 Ridge Road W. 8 In Attendance: Mark & 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-1 0 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; tit 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 Cone. 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 8 "That the Committee hereby grant Provisional Consent for application 2004-B-31 subject to the following conditions: 6 8 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 Conc. 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 8 "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 Conc. 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. 8 7 Decision 8 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. Conc. 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. 8 11:30 2004-B-41 Horseshoe Salvil (Oro) Ltd. Plan 1\1477, 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. 8 ... ..Carried." 8 11:40 2004-A-33 Holly & Bill Pattenden Plan 1310, Lot 33 (Oro) 10 Glengrove Ave. 8 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 ft.) 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 RS.O. 1990, c.P. 13; 8 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 Warren Fitzgerald, contractor Decision Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby approve application 2004-A-34 as follows: 8 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, ADDITIONS TO THE EAST AND WEST SIDE OF 9 THE EXISTING DWELLING AND FOR AN A IT ACHED DECK AT THE REAR OF DWELLING 8 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 RS.O. 1990, c.P. 13; 8 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 Conc. 5, Plan 324, Lot 2 (Oro) 4 Trillium Trail In Attendance: Dollores Wadden, applicant Decision Moved by Garry Potter, seconded by Allan Johnson 8 "That the Committee hereby Grant Minor Variance 2004-A-35, subject to the following conditions: 10 . 1. That the proposed addition be located no closer than 2.03 m (6.66 ft) for the east corner and 1.1 metres (3.6 feet) for the west corner 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 RS.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 48 ...Carried." 5. Adjournment 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.) 8 11