THE CORPORATION OF THE TOWNSHIP OF SEVERN COMMITTEE OF ADJUSTMENT AGENDA

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF SEVERN A. CALL TO ORDER COMMITTEE OF ADJUSTMENT Tuesday March 17, 2015 Council Chambers - Municipal Office 7:00 P.M. AGENDA B. MOTIONS 1 2 Chair and Vice Chair Deputy Secretary Treasurer C. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF D. ADOPTION OF MINUTES Page # 1 Committee of Adjustment - January 20, E. ADJOURNED APPLICATIONS "NIL" F. NEW APPLICATIONS Page # 1 A (Wallace) 3569 Riverdale Drive A (Davey) 3172 McLean Lake North Shore Road A (Coldwater Lions Club / Township of Sev ern) Michael Anne Drive 4 A (Ferry) 3375 McClelland Rd A (Doyle) 1710 Englefield Lane A (McKinzey) Menoke Beach Rd A (Carr) 5619 Upper Big Chute Road 61-66

2 G. REPORTS FROM OFFICIALS "NIL" H. CORRESPONDENCE "NIL" I. OTHER BUSINESS "NIL" J. ADJOURNMENT

3 MINUTES OF THE MEETING OF THE COMMITTEE OF ADJUSTMENT HELD IN THE ADMINISTRATION OFFICE, 1024 HURLWOOD LANE, TUESDAY, JANUARY 20, 2015 AT 7:00 P.M. D-1 Present: Chair Mark Vandergeest Members Staff: Director of Planning Secretary/Treasurer, Planner GIS Assistant Douglas Hamilton Emily Silk Ronald Peters Andrew Fyfe Katie Mandeville Lauren Millar A. CALL TO ORDER The Chair called the meeting to order at 7:00 p.m. and explained the meeting process and the time frame for appeals to those persons present. B. DISCLOSURE OF PECUNIARY INTEREST Member Silk declared a conflict with Application A (Cummins) since she is employed by the business representing the applicant. C. ADOPTION OF MINUTES The following motion was adopted: Motion # MOVED by Emily Silk and SECONDED by Ronald Peters THAT the Minutes of the Committee of Adjustment meeting held in the Council Chambers on December 16, 2014 be adopted as printed and distributed. CARRIED D. ADJOURNED APPLICATIONS NONE E. NEW APPLICATIONS 1. Consent Application No.: A Applicant: Barry Lipkus Roll Number: Municipal Address: 3197 Crescent Bay Road The Secretary/Treasurer of the Committee of Adjustment outlined the application and outlined the correspondence received, as follows: Page 1 of 14 COA Minutes January, 2015 Page 1 of 66

4 Proposal: The approximately 0.11 hectare (0.29 acres) property, located at 3197 Crescent Bay Road in the geographic Township of North Orillia, is occupied by a single detached dwelling and an accessory structure. The existing home is located 13.7 metres at the closest point to the water. The owners are proposing to build a deck attached to the front of their home The following variances are requested in order to permit the construction of the new deck: 1. A variance to permit a front yard setback of 10.7 metres (35 feet), whereas Zoning By-law , states the front yard setback for the Shoreline Residential Two (SR2) zone is 20 metres (66 feet). Agency Comments: None Public Correspondence: None Staff Report D15-001: The Planner provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented - the applicant was present and had nothing to add. The Chair asked if anyone in the audience had any comments on this application. As none were forthcoming, the Chair declared the public portion of the meeting closed. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: None. The Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The applicant was asked if he was aware of the proposed conditions and was in agreement with them. The applicant confirmed this. The Chair then called for a vote on the application. DECISION APPROVE Variance Application A (Lipkus) THE PURPOSE and EFFECT of the application is: To request the following variances to the provisions of Zoning By-law : 1. A variance to permit a front yard setback of 10.7 metres (35 feet), whereas Zoning By-law , states the front yard setback for the Shoreline Residential Two (SR2) zone is 20 metres (66 feet). The following variance is needed in order to permit the construction of a new deck. Page 2 of 14 COA Minutes January, 2015 Page 2 of 66

5 The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. 3. That the construction is in substantial compliance with the plans submitted with the Application. THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 2. Variance Application No.: A Owner: Estate of Russell Bullock Agent: Scott Oliver Roll Number: Municipal Address: 4313 Huronia Road The Director of Planning outlined the application and outlined the correspondence received, as follows: Proposal: The approximately 0.19 hectare (0.5 acre) property, located at 4313 Huronia Road, Lot 12, Plan 1027, geographic Township of North Orillia, has 30 metres (100 ft.) of frontage and is located in a strip of existing homes along the eastern side of Huronia Road The variance requested is to legalize a change in use for a legal non-conforming building from a multi-residential building containing six one-bedroom units to the current use of a multi-residential building containing one two-bedroom unit, two onebedroom units and two bachelor or studio units, for a total of five units. The building was built in the 1960 s as a multi-unit building. Many of the dwellings in this area contain more than one unit. Up until 1974, there were no zoning controls in effect in this part of the Township and thus this use is considered to be legal non-conforming. It appears that the building was originally built as a three-unit building. It appears that it was subsequently converted to a six-unit building and the septic system was sized to accommodate this level of use. Page 3 of 14 COA Minutes January, 2015 Page 3 of 66

6 Subsequently, the building was reconfigured to accommodate the five units which are currently there. Unfortunately it is not possible to determine when the additional units were created as the building records are incomplete. Therefore, it is not possible to determine the legal status of the additional units. In order to clarify the status of the fourth and fifth unit, the applicant is seeking the requested minor variance to recognize these units as additions to the existing legal non-conforming use of the building as multi-unit residential The modifications completed were contained within the original structure and no additions constructed, nor are they contemplated. The following variance is requested in order to permit the historical use of the property and recognize the current configuration as a five-unit residential building: 1. A variance to permit the existing dwelling located at 4313 Huronia Road to be used as a multi-unit residential building containing no more than five dwelling units, consisting of one two-bedroom unit, two one-bedroom units and two bachelor or studio units. Agency Comments: None Public Correspondence: None Staff Report D15-002: The Director of Planning provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented - the agent was present but had nothing to add. The Chair asked if anyone in the audience had any comments on this application. As none were forthcoming, the Chair declared the public portion of the meeting closed. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: Member Peters inquired as to if there are currently 5 units. The Planner responded that there are currently 6 units from the 1990 s or 1980 s. Member Peters questioned the existing parking situation. The Planner responded that there is no history of parking issues and that the tenants either don t have a lot of vehicles or park on the road. Member Hamilton asked when the septic was upgraded. The Planner replied that the septic was from either 1992 or 1993, the Township does have a record of the system. Chair Vandergeest asked if the fire department was going to wait for building permits to be issued prior to inspecting the unit, as per the recommended condition. The Planner responded that the Fire Prevention Officer said she would wait until the building permits are applied for or can go in ahead. Page 4 of 14 COA Minutes January, 2015 Page 4 of 66

7 The Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The agent was asked if he was aware of the proposed conditions and was in agreement with them. The agent confirmed this. The Chair then called for a vote on the application. DECISION APPROVE Variance Application A ( Bullock / Oliver) THE PURPOSE and EFFECT of the application is: To request the following variances to the provisions of Zoning By-law : 1. A variance to permit the existing dwelling located at 4313 Huronia Road to be used as a multi-unit residential building containing no more than five dwelling units, consisting of one two-bedroom unit, two one-bedroom units and two bachelor or studio units. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the construction is in substantial compliance with the plans submitted with the Application. 3. That the property owner work with the fire department to conduct a fire safety inspection of all five units and bring the units up to the satisfaction of the fire prevention officer. THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 3. Variance Application No.: A Applicant: Mark and Marine Powell Roll Number: Municipal Address: 4048 Hampshire Mills Line The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The property is approximately 4.04 hectares (10 acres) in size with metres Page 5 of 14 COA Minutes January, 2015 Page 5 of 66

8 (634 ft.) of frontage located at 4048 Hampshire Mills Line, being East Part Lot 1, Concession 6, geographic Township of North Orillia. The largely treed property contains a residential dwelling. The owner has been granted provisional approval for consent application B to sever a portion of the property having metres (100 ft.) of frontage and an area of approximately 0.26 hectares (0.64 acres); these lands will be added to the neighbouring property (4086 Hampshire Mills Line) as a lot addition. The retained lands under B would have frontage of approximately 163 metres (535 ft.) and an area of approximately 3.78 hectares (9.34 acres). A condition of the provisionally approved application is to obtain a minor variance to reflect the decrease in lot area of the retained lands, from the existing 4.04 hectares (10 acres) to the proposed 3.78 hectares (9.34 acres). The following variance is requested in order to fulfill a condition of provisionally approved consent application B-23-14: 1. A variance to permit a minimum lot area of 3.78 hectares (9.34 acres) whereas Zoning By-law states that the minimum lot area required for a property zoned Rural (RU) is 10 hectares (24.7 acers). Agency Comments: None Public Correspondence: None Staff Report D15-003: The Planner provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented - the applicant was present but had nothing to add. The Chair asked if anyone in the audience had any comments on this application. Anne MacDiarmind from 4086 Hampshire Mills Line stated her support in favor of the application. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: Chair Vandergeest inquired as to if the last proposed condition regarding construction in accordance with the plans submitted was necessary for this application. The Secretary/Treasurer stated that it was a typo and should not be a condition, the decision was amended to reflect this change. The Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The applicants were asked if they were aware of the proposed conditions and were in agreement with them. The applicants confirmed this. The Chair then called for a vote on the application. Page 6 of 14 COA Minutes January, 2015 Page 6 of 66

9 DECISION APPROVE Variance Application A (Powell) THE PURPOSE and EFFECT of the application is: To request the following variance to the provisions of Zoning By-law : 1. A variance to permit a minimum lot area of 3.78 hectares (9.34 acres) whereas Zoning By-law states that the minimum lot area required for a property zoned Rural (RU) is 10 hectares (24.7 acers). The following variance is needed in order to fulfil a condition of provisionally approved application for consent B The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 4. Variance Application No.: A Applicant: Peter and Susan Cummins Agent: Shaun Brear, House Tech Design Roll Number: Municipal Address: 3921 Lavis Lane Member Silk left the meeting as per her disclosure of pecuniary interest. The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 0.44 hectare (1.09 acre) property, located at 3921 Lavis Lane in the geographic Township of Matchedash, is occupied by a small single storey detached dwelling and a privy. Page 7 of 14 COA Minutes January, 2015 Page 7 of 66

10 The current dwelling on the property is an original cottage estimated to have been constructed over 50 years ago. The dwelling is 35.7 square metres, substantially smaller than the current minimum dwelling size of 65 square metres for the Shoreline Residential Three (SR3) Zone and is setback approximately 12.4 metres from the water. The property owners wish to construct a new dwelling and septic on the property and retain the existing dwelling as a sleeping cabin. The following variances are requested in order to permit the retention of the existing dwelling as a sleeping cabin and the construction of a new dwelling: 1. A variance to permit a sleeping cabin with a maximum gross floor area of 35.7 square metres (384 sq. ft.) with a front yard setback of 12.4 metres (40.7 ft.) whereas Zoning By-law states that a sleeping cabin cannot exceed a maximum gross floor area of 28.0 square metres (301.4 sq. ft.) and the minimum front yard setback for the SR3 Zone is 20 metres. 2. A variance to permit a front yard setback of 19.3 metres (63.3 ft.) for the main dwelling deck and screened porch whereas Zoning By-law states that the minimum front yard setback for the SR3 Zone is 20 metres. Agency Comments: None Public Correspondence: Toni and Snjezana Sorsak owners of neighbouring property 3913 Lavis Lane submitted correspondence stating they have no comments in regards to leaving the existing structure as a bunkie. Staff Report D14-004: The Planner provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented - the agent was present but had nothing to add. The Chair asked if anyone in the audience had any comments on this application. As none were forthcoming, the Chair declared the public portion of the meeting closed. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: Member Hamilton asked why the applicant was planning on keeping the small cottage in the front when they were building a big beautiful new cottage. The Planner responded that the existing cottage will act as cabin for extra sleeping space and it is off to the side so it will not obstruct the view. The agent stated that the existing cabin does not contain any electrical or plumbing and will be used as a sleeping cabin for extra space. Chair Vandergeest commented that usually committee would ask for a deferral for the extra cabin due to the private road, since it is not a second residence he expressed his support for the application. Page 8 of 14 COA Minutes January, 2015 Page 8 of 66

11 The Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The agent was asked if he was aware of the proposed conditions and was in agreement with them. The agent confirmed this. The Chair then called for a vote on the application. DECISION APPROVE Variance Application A (Cummins) THE PURPOSE and EFFECT of the application is: To request the following variances to the provisions of Zoning By-law : 1. A variance to permit a sleeping cabin with a maximum gross floor area of 35.7 square metres (384 sq. ft.) with a front yard setback of 12.4 metres (40.7 ft.) whereas Zoning By-law states that a sleeping cabin cannot exceed a maximum gross floor area of 28.0 square metres (301.4 sq. ft.) and the minimum front yard setback for the SR3 Zone is 20 metres. 2. A variance to permit a front yard setback of 19.3 metres (63.3 ft.) for the main dwelling deck and screened porch whereas Zoning By-law states that the minimum front yard setback for the SR3 Zone is 20 metres. The following variances are needed to permit the retention of the existing dwelling as a sleeping cabin and the construction of a new dwelling. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. 3. That the construction is in substantial compliance with the plans submitted with the Application. THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 5. Variance Application No.: A Applicant: Heather Mugford Roll Number: Municipal Address: 3285 Muskoka Street Page 9 of 14 COA Minutes January, 2015 Page 9 of 66

12 The Director of Planning outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 0.26 acre waterfront property located at 3285 Muskoka Street in the geographic Township of North Orillia, within the community of Wahsago is currently vacant. The owner wishes to place a new modular home and attached garage on the property The following variances are requested in order to permit the construction of the new dwelling and attached garage: 1. A variance to permit a northern interior yard setback of 1.5 metres (4.9 feet) for a new dwelling and attached garage whereas Zoning By-law states that the minimum interior yard setback for the Shoreline Residential Two (SR2) Zone is 3 metres (9.8 ft.). 2. A variance to permit a rear yard setback of 5 metres (16.4 feet) whereas Zoning Bylaw states the minimum rear yard setback is 7.5 metres (24.6 feet) in the Shoreline Residential Two (SR2) Zone. Agency Comments: None Public Correspondence: None Staff Report D15-005: The Director of Planning provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented applicant was present but had nothing to add. The Chair asked if anyone in the audience had any comments on this application. As none were forthcoming, the Chair declared the public portion of the meeting closed. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: None. The Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The applicant was asked if she was aware of the proposed conditions and was in agreement with them. The applicant confirmed this. The Chair then called for a vote on the application. DECISION APPROVE Variance Application A (Mugford) THE PURPOSE and EFFECT of the application is: To request the following variances to the provisions of Zoning By-law : Page 10 of 14 COA Minutes January, 2015 Page 10 of 66

13 1. A variance to permit a northern interior yard setback of 1.5 metres (4.9 feet) for a new dwelling and attached garage whereas Zoning By-law states that the minimum interior yard setback for the Shoreline Residential Two (SR2) Zone is 3 metres (9.8 ft.). 2. A variance to permit a rear yard setback of 5 metres (16.4 feet) whereas Zoning Bylaw states the minimum rear yard setback is 7.5 metres (24.6 feet) in the Shoreline Residential Two (SR2) Zone. The following variances are needed to permit the construction of the new dwelling and attached garage. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. 3. That the construction is in substantial compliance with the plans submitted with the Application THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 6. Variance Application No.: A Applicant: Curt and Kara Boyd Roll Number: Municipal Address: 1436 Jermey Road The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 25 ha (61 acres) property located at 1436 Jeremy Road, being Part of Lot 21 Concession 6, geographic Township of North Orillia, is occupied by two residences and associated outbuildings The south-west corner of the original property as patented has been severed by the divergence of the travelled and maintained municipal road, where Jeremey Road joins the discontinuous sections of the surveyed Lots and Concession for the Page 11 of 14 COA Minutes January, 2015 Page 11 of 66

14 geographic township of North Orillia and diverts around a granite outcropping. This creates a small separate 0.16 hectare parcel (0.4) acre to the south-west of the balance of the Boyd holdings. The owner has been granted provisional approval for consent application B to sever the larger property into two parcels, each containing one existing residence and associate buildings. The small, remnant parcel and the lands associated with the divergence of Jeremy Road is to be transferred to the Municipality. The northerly (retained) parcel associated with the original farmhouse and farm buildings would have any area of approximately 16 hectares (39.5 acres) with frontage of approximately 20 metres. The southerly (severed) parcel contains the newer dwelling and would have a lot area of approximately 3.9 hectares (9.6 acres) and frontage of over 100 metres. A condition of the provisionally approved application B is to obtain a minor variance to reflect the decrease in lot area of the severed lands: 1. A variance to permit a minimum lot area of 3.9 hectares (9.6 acres) whereas Zoning By-law states the minimum lot area required for a property zoned Rural (RU) is 10 hectares (24.7 acres). Agency Comments: None Public Correspondence: None Staff Report D15-006: The Planner provided a brief summary of the staff report. The Chair asked if the applicant or agent were present and had anything to add to what was presented - the applicant was present but had nothing to add. The Chair asked if anyone in the audience had any comments on this application. As none were forthcoming, the Chair declared the public portion of the meeting closed. The Chair asked if the Committee had any comments on this application. Committee comments were as follows: Member Peters asked if there was enough room for plows to turn around on the newly acquired Township property. The Director of Planning responded that the turnaround was outlined in the sketch and that public works had approved the location of the road widening. As there was no further discussion, the Chair asked the Secretary/Treasurer to review the proposed conditions of the decision. The applicant was asked if he was aware of the proposed conditions and was in agreement with them. The applicant confirmed this. The Chair then called for a vote on the application. Page 12 of 14 COA Minutes January, 2015 Page 12 of 66

15 DECISION APPROVE Variance Application A (Boyd) THE PURPOSE and EFFECT of the application is: To request the following variance to the provisions of Zoning By-law : 1. A variance to permit a minimum lot area of 3.9 hectares (9.6 acres) whereas Zoning By-law states the minimum lot area required for a property zoned Rural (RU) is 10 hectares (24.7 acres). The following variance is needed to fulfil a condition of provisionally approved consent application B The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 20th day of January, 2015: DECISION: APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. THE REASONS for the Committee s Decision are that the request is minor in nature, conforms to the general intent and purpose of the Zoning By-law and Official Plan and is desirable for the appropriate development or use of the land. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED E. REPORTS FROM OFFICIALS NONE F. CORRESPONDENCE\ NONE G. OTHER BUSINESS NONE Page 13 of 14 COA Minutes January, 2015 Page 13 of 66

16 H. ADJOURNMENT The Secretary/Treasurer advised that this is the last meeting of the current Committee of Adjustment as Council will appoint new members next month. Staff passed on their thanks for a good term to the Committee and hoped to see many of them in the future. Staff extended a special thank you to Ronald Peters, who has stated he will retire from the Committee after over 30 years of service to the Township. The following motion was adopted: Motion # MOVED by Ronald Peters and SECONDED by Douglas Hamilton THAT the Committee of Adjustment meeting be adjourned at 8:30 p.m. on January 20 th, CARRIED Katie Mandeville, Secretary/Treasurer Page 14 of 14 COA Minutes January, 2015 Page 14 of 66

17 F-1 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner DATE: March 12, 2015 RE: Application for Minor Variance A Applicant: Ken Wallace Address: 3569 Riverdale Drive Background: County Official Plan: Township Official Plan: Township Zoning: Rural Shoreline Residential Shoreline Residential Two (SR2) The subject property is located at 3569 Riverdale Drive in the geographic Township of North Orillia (Appendix I). The approximately 0.36 acre property supports an existing single detached dwelling with an attached deck as seen on the site plan attached as Appendix 2. The owners wish to demolish the existing cottage and construct a new dwelling located slightly further from the water than the existing dwelling. The existing dwelling is located approximately 16 meters from the water with the attached deck located approximately 14 metres from the shore. The following variance is requested in order to permit the construction of the new dwelling: - 1. A variance to permit a front yard setback of 17.5 metres (57.4 feet) to a deck attached to a new dwelling; whereas Zoning By-law states the minimum front yard setback is 20 metres (65.62ff.) in the Shoreline Residential Two (SR2) Zone. Plans for the new dwelling are attached as Appendix 3. The property was site inspected by planning & development staff prior to the writing of this report. Page 15 of 66

18 a) To maintain the existing character of this predominantly low density residential area. Official Plan. The objectives of the Shoreline Residential Area as stated in Section C7.1 Is the general intent and purpose of the Official Plan maintained? The subject property is designated Shoreline Residential under the Township of Severn features and ecological functions of the shoreline area as the proposed dwelling will be b) To protect the natural features and ecological functions of the shoreline area and A discussion of the four tests for a Minor Variance as set out in Section 45(1) of the Planning Act follows. The construction of the new dwelling will not negatively impact the existing natural located further from the water than the existing structure and only the proposed deck home and will not alter the existing character of the area. The township does not have a will be intruding into the waterfront setback. The proposed dwelling is a single family c) To ensure that existing development is appropriately serviced with water and the immediate shoreline. record of a septic system on this property and the proposed redevelopment of the property will ensure that the new dwelling is serviced with a new sanitary service. Is the general intent and purpose of the Zoning By-law maintained? The proposal appears to comply with all Zoning By-law requirements with the exception general intent and purpose of the by-law is maintained. The by-law does permit for decks to be built within the front yard setback and to encroach by a distance of 3.5 metres if the deck is not more than 2 metres about finished grade, this policy is to allow for people with low profile, attached decks to build within the front yard setback as of of the front yard setback for the attached deck, therefore it would appear that the right. As the proposed deck will be more than 2 metres above the finished grade the variance is necessary. deck encroaching into the required setback, this proposed new dwelling not only utilizes C7. I OBJECTIVES Is it minor? the proposed dwelling will be setback more than 20 metres from the water with only the a portion of the existing dwelling footprint but will be located further from the water than In the opinion of the Planning Department the requested variance is minor in nature as the existing building. Is it desirable for the appropriate development or use of the land? proposed deck and dwelling will be screened by the mature vegetation identified on the applicant s site plan. The applicant intends to keep a large number of the existing trees The proposed development is appropriate and desirable development of the land. The Discussion: Page 16 of 66 sanitary sen/ices. - of the Township s Official Plan are as follows: -

19 on the property, particularly at the sides, front and rear of the lot to reduce the visual impact. Other Considerations: The Building Department provided the following comment, having pre-consulted with the applicant regarding the future dwelling, prior to the minor variance application: There is no objection to the proposed minor variance. Note: There is no sewage system approval for this construction, a building permit will not be issued until the application is approved; it is possible it may affect the building location. Recommendation: The Planning Department has no concerns with the application subject to the recommended conditions set out in Appendix 4, because that variance is minor in nature, is keeping with the general intent of the Official Plan and Zoning By-law and is desirable for the appropriate develâpment and use of the land. Respectfully submitted, With the co etir e ce of, Katie Mandeville, BA, BURPI. Andfew Fyfe, M.A IV Planner Director of Plannin& Development Appendix 1 Key Map Appendix 2 Proposed Appendix 3 Proposed Appendix 4 Recommended Conditions Site Plan Addition Plan Page 17 of 66

20 Page 18 of 66 x 0Ca) a a. Ii,2 p S CF A 3. a C t I, n 0 C SQ C I J I I P C t U Subject Property Tlfr, Dr Cte I flctf lee! I 7/ yr 1/ / I 5 b 4. F t

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23 Appendix 4 RECOMMENDED CONDITIONS 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. 3. That the construction is in substantial compliance with the plans and drawings submitted with the Application. - Page 21 of 66

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25 F-2 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner - DATE: March 12, 2015 RE: Application for Minor Variance A Applicant: Charles Davey Address: 3172 Maclean Lake North Shore Road Background: County Official Plan: Township Official Plan: Township Zoning: Rural Shoreline Residential Shoreline Residential Three (SR3) The subject property is located at 3172 Maclean Lake North Shore Road, being Plan 1723, Lot 14, geographic Township of Matchedash (Appendix 1). The approximately 0.5 acre property supports an existing single detached dwelling, a sleeping cabin, privy and two other accessory structures all of which will be removed with the redevelopment of this property. The owner wishes to construct a new dwelling to replace the existing seasonal residence. The existing cottage and attached deck are located and meters from the water at the closest point, respectively, as seen on the site plan attached as Appendix 2. The proposed new dwelling is to be constructed using the majority of the existing dwelling footprint and front yard setback. The following variance is requested in order to permit the construction of the new dwelling: 1. A variance to permit a front yard setback of metres (35 feet) for the attached deck and metres (46 feet) to the new dwelling wall; whereas Zoning By-law states the minimum front yard setback is 20 metres (65.6 ft.) in the Shoreline Residential Three (SR3) Zone Plans of the proposed dwelling are included as Appendix 3. The property was subject to a site inspection by planning and development staff prior to the writing of this report. Page 23 of 66

26 Discussion: A discussion of the four tests for a Minor Variance as set out in Section 45(1) of the Planning Act follows. Is the general intent and purpose of the Official Plan maintained? The subject property is designated Shoreline Residential under the Township of Severn Official Plan. The objectives of the Shoreline Residential Areaas stated in Section C7.1 of the Townships Official Plan are as follows: C7.1 OBJECTIVES a) To maintain the existing character of this predominantly low density residential area. b) To protect the natural features and ecological functions of the shoreline area and the immediate shoreline. c) To ensure that existing development is appropriately serviced with water and sanitary services. The construction of a new dwelling utilizing the existing dwelling footprint will not significantly impact the character or density of the area as the existing cottage has been on the property for about 60 years and the new dwelling is to be built using the existing established setback. Maintaining a setback that has been established for a long period of time will assist in protecting the natural features and ecological functions of the shoreline area. Furthermore, the proposed redevelopment of the property will ensure the development is appropriately serviced with the installation of a new septic facility. Is the general intent and purpose of the Zoning By-law maintained? The proposal of a new dwelling appears to comply with all Zoning By-law requirements with the exception of the requested variance. The intent of the minimum front yard setback is to protect the natural features and functions of the shoreline as set out in the Official Plan policies. By maintaining the existing setback this is accomplished as disturbance to the shoreline area of the site will be minimized. Is it minor? In the opinion of the Planning Departmen! the requested variance is minor in nature. The proposed setback will maintain an existing long established setback of the subject property. The existing dwelling has been located in this location for approximately 60 years and the replacement dwelling is larger however the new footprint area is located further from the water than the existing closest point. Is it desirable for the appropriate development or use of the land? Redevelopment of older seasonal dwellings within the waterfront area is a common practice and adds to the quality of development within the Township. The complete redevelopment of the property with the focus being the tear down and rebuild of the dwelling will also be desirable as the existing four accessory structures in various conditions will also be demolished, cleaning up an existing dated property. The property has a large number of mature trees given the landscape of the area and the planning Page 24 of 66

27 department would encourage the owner to retain as many as possible in accordance with one of the recommended conditions. Other Considerations: The Building Department provided the following comment: There is no objection to the proposed minor variance. Note: Due to the winter conditions staff was unable to verify the proposed septic location; however due to the removal of all structures and size of this property a septic should be able to be accommodated on the property. Recommendation: The Planning Department has no objections to the approval of this application, subject to the recommended conditions set out in Appendix 4, because the variances are believed to be minor in nature, are in keeping with the general intent of the Official Plan and Zoning By-law and are desirable for the appropriate development and use of the land. Respectfully submitted, With the concurrence Katie Mandeville, BA, BURPI. Andrew Fyfe, M.A. - Planner Director of Planni & Development / Appendix 1 Key Appendix 2 Proposed Appendix 3 Proposed Appendix 4 Recommended Map Site Plan New Dwelling Conditions Page 25 of 66

28 0 C0 0. S., 1 A Su bj ed Property 1 t r r a cr I, MacLean Lflt L x Page 26 of 66

29 Appendix 2 PART 1, PLAN RD 109 / / \ LOT 15 0 Is 5Sfl4)I MclEAN LAKE /7 C K RB (B54) -4 SIAnON P/N S5i9(554) (LT) \ -4 \ A LOT 29 74O54-C474 2 U Page 27 of 66 -c 4

30 Page 28 of 66 I X!pueddy

31 Appendix 4 RECOMMENDED CONDITIONS 1. Municipal Taxes to be paid to date. 2. That the existing vegetation on the property shall be preserved and enhanced as much as possible. 3. That the construction is in substantial compliance with the plans submitted with the Application. - Page 29 of 66

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33 REPORT Dl Committee of Adjustment Coldwater (Appendix 1). The approximate 9.47 hectare (23.4 acre) property is known TO: Chair and Members FROM: Katie Mandeville RE: Application for Minor Variance A County Official Plan: Settlement Area, Coldwater Agent: Roderick H. Young Architect Address: 11 Michael Anne Drive Applicant: Coidwater Lions Club Township Official Plan: Settlement Living Area Township Zoning: Open Space (OS) The subject property is located at 11 Michael Anne Drive in the former Village of as the Coldwater Fairgrounds and is currently occupied by numerous accessory Appendix 2 and a drawing of the proposed storage building is attached as Appendix 3. structures and associated fairground structures. The applicant, with the permission of 1. A variance to permit an interior yard of 1.7 metres (5.6 feet) to construct a new structure being a new storage building. The site plan of the property is attached as The following variance is requested in order to permit the construction of the new one storey storage building to be used as an accessory to the fairground s operations, whereas Zoning By-law states the minimum interior yard, abutting residential, is 7.5 metres (24.60 ft.) in the Open Space (OS) Zone The property was site inspected by planning and development staff prior to the writing of A discussion of the four tests for a Minor Variance as set out in Section 45(1) of the the Council of the Township of Severn, would like to construct a new accessory DATE: March 12, 2015 Planning Act follows. accessory structure: Background: Discussion: this report. Page 31 of 66 Planner - F-3

34 Is the general intent and purpose of the Official Plan maintained? The subject property is designated Settlement Living Area under the Township of Severn Official Plan. Notwithstanding this designation, the Township s Official Plan, Section B2 Public Land Uses states the use of any land or the use of any building or structure, for the purposes of public service by this Township provided that such a public use has regard to the specific Official Plan policies and zoning regulations for the designation and zone in which they are located. The Settlement Living Area designation has permitted uses that include a wide range of dwelling types as well as complementary uses; these include uses which typically exist within a village such as daycare, home occupations, local commercial uses and schools are needed within this designation to serve those living in the area. The fairgrounds and associated activities with it and the Coldwater Lions Club can be viewed as a complementary use, similar to a school, to the primary residential uses of the Settlement Living Area designation. Planning staff believe that this proposed storage building meets the general intent and purpose of the Official Plan as this proposed storage building will be providing space for a local service club and in return, for the residents of Severn Township. Is the general intent and purpose of the Zoning By-law maintained? The proposal appears to comply with all Zoning By-law requirements with the exception of the requested variance for interior yard setback. Accessory structure requirements that allow for decreased setbacks and also govern size, height and location within Zoning By-law only apply to those within the a residential zone. As the fairgrounds property is zoned Open Space (OS) the accessory structure provisions do not apply and the general provisions for the OS zone must be followed. All of the setbacks for the OS Zone are 7.5 metres; however one should take into consideration the neighbouring property owners (the majority of which are residential) could build an accessory structure 1.5 metres from their property line abutting the fairgrounds. The intent of interior yard setbacks are to ensure buffering between properties and the ability to maintain all four walls of the building while staying on ones own property. Planning staff believe this proposal meets the general intent and purpose of the Zoning By-law , as amended. Is it minor? In the opinion of the planning department the requested variance is minor in nature as the requested setback reflects a greater setback than what is permitted for a storage building within the residential zones and the storage building which already exists next to the proposed building has a similar setback. Is it desirable for the appropriate development or use of the land? The fairgrounds property already contains numerous buildings including washrooms, livestock/fair shelters, grandstands, and a couple of storage buildings. The proposed location of the new storage building will not negatively impact the usage of the Page 32 of 66

35 fairgrounds for the Coldwater Fall Fair or any of the numerous other events and uses of the property by the residents of the Township of Severn. Furthermore, the residential lots adjacent of the proposed storage building location will be shaded from the building by an existing tree line separating the fairgrounds from the neighbouring properties. Other Considerations: The Council of the Township of Severn passed the following motion: MOTION CSCO2IBI5-09: Moved by Member Burkett and seconded by Member Dunlop that Planning Report No. P , dated February 9, 2015, with respect to Goldwater Lions Club Storage Building be received; AND FURTHER THAT the Goldwater Lions Club be authorized to make an application for a minor variance on behalf of the Township to facilitate the construction of their proposed storage building on the Goldwater Fairgrounds property. GA RRIED The Building Department provided the following comment: There is no objection to the proposed minor variance. Recommendation: The Planning Department has no objections to the approval of this application, subject to the recommended conditions set out in Appendix 4, because the variance is minor in nature, is keeping with the general intent of the Official Plan and Zoning By-law and is desirable for the appropriate development and use of the land. Respectfully submitted, With the 6ncu7nce of, Katie Mandeville, BA, BURPI. Planner Andrew Fyfe, M.A. Director of Planning & Development Appendix 1 Key Map Appendix 2 Site Plan Appendix 3 Proposed Appendix 4 Recommended Conditions Garage Page 33 of 66

36 Appendix I C * V. a w c, Cc!dwater *lt4t, a,, Ut C 0 C Sunset N U,Y Page 34 of 66

37 N -.4. I a t_.t N i-i. 4- Proposed sq. m. storage building, 1.7 metres from lot line NO COLDWATER FAIR GROUNDS Page 35 of 66 SWRAGE BUILDING NEW COLD WATER LHINS CLUB 0041*40 STORPL Ii. I, - I..3 S I A- 0. ¼ V CCa

38 Appendix 3 ;i \\9. \\cj. Iw I Ethi \\ -... hi /ij il III -/ I I U -G j:z# II H u - - F p II U -G e ii U it, 1h +EE+ -e e- F - ¼ nr Page 36 of 66

39 Appendix 4 RECOMMENDED CONDITIONS That the construction is in substantial compliance with the plans submitted with the Application. Page 37 of 66

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41 F-4 REPORT D15-O1O TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner - DATE: March 12, 2015 RE: Application for Minor Variance A Applicant: Chris & Lisa Ferry Address: 3375 McClelland Road Background: County Official Plan: Township Official Plan: Township Zoning: Greenland Greenland Shoreline Residential Two (SR2) The subject property is located at 3375 McClelland Road in the geographic Township of North Odllia (Appendix 1). The 0.5 acre property supports an existing single detached dwelling, detached garage and two small accessory structures as seen on the site plan attached as Appendix 2. The owner wishes to construct a new sq. m. (600 sq. ft.) covered, but not enclosed, deck to replace an existing (460 sq. ft.) uncovered deck attached to the front (water side) of the owner s home. Plans for the proposed deck are attached as Appendix 3. The following variance is requested in order to permit the construction of the new deck: 1. A variance to permit a front yard setback of 18.6 metres (61.02 feet) to the northeastern corner of the new deck and set of stairs; whereas Zoning By-law states the minimum front yard setback is 20 metres (65.6 feet) in the Shoreline Residential Two (SR2) Zone. The property was site inspected by planning & development staff prior to the writing of this report. Discussion: A discussion of the four tests for a Minor Variance as set out in Section 45(1) of the Planning Act follows. Page 39 of 66

42 Systems within the municipality. This specifically relates to evaluated wetlands, local The subject property is designated Greenland under the Township of Severn Official Plan. The objectives of the Greenland designation and the Natural Heritage System wetlands, significant habitats or endangered or threatened species, hydrologically Policies are to conserve, protect, enhance and rehabilitate the Natural Heritage Is the general intent and purpose of the Official Plan maintained? purpose of the Official Plan will be maintained as the application will continue to balance family dwelling is a permitted use within this designation; however the goals are that of of the Minimum Front Yard for the proposed deck. The intent of setback requirements from waterways in the Zoning By-law is to ensure that new development does not crowd allow for an encroachment into the front yard setback for a deck and stairs; however the the natural environment. The property is 0.5 acres with a good number of large mature obvious natural heritage features such as streams or wetlands. The general intent and the existing development of the site with maintaining the natural heritage systems of the The proposal appears to comply with all Zoning By-law requirements with the exception sensitive features and maintenance of ecological functions and connectivity. A single trees, given the primarily residential area; the property appears to be free of other requested variance of 1.4 metres will still maintain the general intent and purpose of the provision states that the deck must be less than 2 metres above finished grade. As this home contains a walk out basement, this relief provision does not apply; however the Greenland designation. Is the general intent and purpose of the Zoning By-law maintained? the waterfront and allows for vegetation within the waterfront area. The by-law does existing front yard setback from 20 metres to 18.6 metres is minor in nature as the In the opinion of the Planning Department the requested variance of reducing the by-law by allowing for buffering between development and the water. Is it minor? difference of 1.4 metres will not be noticeable from the waterfront and will allow for an alternative exit from the home with the stairs from the proposed deck, an advantage of Is it desirable for the appropriate development or use of the land? The proposed development is appropriate and desirable development of the land as the encroachment and slightly larger deck will not negatively impact the neighbouring property is currently developed for a residential use and the proposed deck the existing balcony. properties or waterfront area. The property contains numerous mature trees and the planning department has suggested a condition to preserve the existing vegetation, especially within the waterfront area. The Building Department has no objection to the proposed variance. Other Considerations: Page 40 of 66

43 to the recommended conditions set out in Appendix 4, because the variance is minor in The Planning Department has no objections to the approval of this application, subject nature, is keeping with the general intent of the Official Plan and Zoning By-law and is desirable for the appropriate development and use of the land. Planner Director of Planning & DØelopment Katie Mandeville, BA, BURPI Andrew Fyfe, M.A. Site Plan Conditions Respectfully submitted, 4 Recommendation: Appendix 2 Appendix 3 Map Appendix 1 /4kr&U z%4 4 With the concurrence of, Key Proposed Recommended Page 41 of 66

44 Appendix 1 Subject Property Page 42 of 66

45 Appendix 2 Page 43 of 66

46 Appendix 3 Page 44 of 66

47 2. That the existing vegetation on the property shall be preserved and enhanced 3. That the construction is in substantial compliance with the plans and drawings as much as possible; particularity within the waterfront area between the RECOMMENDED CONDITIONS 1. Municipal Taxes to be paid to date. proposed deck and shoreline. Page 45 of 66 submitted with the Application. - Appendix 4

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49 1. A variance to permit a height of 6.4 metres (21 ft.), whereas Zoning By-law A variance to permit a total of four accessory structures, whereas Zoning By-law accessory structure to accommodate his vehicles, boat and personal tools, as seen on REPORT D15-O11 Committee of Adjustment TO: Chair and Members FROM: Katie Mandeville RE: Application for Minor Variance A-i 0-15 Address: 1710 Englefield Lane Applicant: Martin James Doyle DATE: March 12, 2015 County Official Plan: Rural Township Official Plan: Shoreline Residential Township Zoning: Shoreline Residential Three (SR3) The subject property is located at 1710 Englefleld Lane in the geographic Township of dwelling and three accessory buildings. The applicant would like to build a new large Matchedash (Appendix 1). The approximately 2 acre property is occupied by a the site plan attached as Appendix 2. The following variances are requested in order to permit the construction of the new states a maximum number of accessory structures of three. The property was site inspected by planning and development staff prior to the writing of A discussion of the four tests for a Minor Variance as set out in Section 45(1) of the 65, states the maximum accessory structure height is 5 metres. Planner storage building / accessory structure: Planning Act follows. Background: Discussion: this report. F-5 Page 47 of 66

50 Official Plan. The objectives of the Shoreline Residential Area as stated in Section C7.1 a) To maintain the existing character of this predominantly low density residential area. Is the general intent and purpose of the Official Plan maintained? The subject property is designated Shoreline Residential under the Township of Severn b) To protect the natural features and ecological functions of the shoreline area and of the Township s Official Plan are as follows: the immediate shoreline. The construction of the proposed garage will aid in maintaining the existing character of The proposal appears to comply with all Zoning By-Jaw requirements with the exception within one of the shoreline or residential zones. However, the characteristics of the rear of the requested variances. The intent of the residential accessory structure restrictions is to prevent properties from becoming cluttered with numerous outbuildings that could C7. I OBJECTIVES c) To ensure that existing development is appropriately serviced with water and sanitary services. the area and will not negatively impact the natural features and ecological functions of the shoreline as the area. The location of the proposed garage is over 60 meters from the shoreline with an existing residential dwelling and private road between the waterfront area and the proposed garage location. The proposed setback from the waterfront will also ensure that if this property is redeveloped in the future there will be ample room for a new septic envelope, should one be needed. The general intent and character of the area. The proposed structure is more of something that would be purpose of the Township s Official Plan will be maintained with this variance. Is the general intent and purpose of the Zoning By-law maintained? commonly proposed on a Rural (RU) or Agricultural (AG) zoned property rather than portion of the property, on the other side of the private road, away from the water is Zoning By-law is being maintained as the increased height and number of structures will be used for habitation or businesses that are not in character with the residential more similar to rural properties. Planning staff believe the intent and purpose of the not result in the property being over developed or become something that does not belong in a residential zone. currently stored outside on the property. The proposed garage location is removed from In the opinion of the planning department the requested variances are minor in nature Although the applicant is requesting approval for four accessory structures, the three Is it minor? when viewed in the context of the site as a method to store the collection of things existing structures all appear to be small in nature and sheltered well from the the waterfront area of the property and will not result in an over built property. Is it desirable for the appropriate development or use of the land? neighbouring property owners due in large part to the number of mature trees within this area. The proposed garage will not disturb the shoreline residential character of the Page 48 of 66

51 these personal affects stored inside a building would be more appealing and therefore is owner has a lot of things stored outside; from an aesthetic point of view having all of area given that these properties have significant area beyond the private road, away from the shoreline. During the site visit of the property it was noted that the property appropriate development and use of the land. subject to the recommended conditions set out in Appendix 3, because the variances are believed to be minor in nature in the context of this site, are in keeping with the general intent of the Official Plan and Zoning By-law and is desirable for the appropriate development and use of the land. The Building Department advised that it has no objection to the application for minor The Planning Department has no major objections to the approval of this application, Planner Director of Planning & evelopment Respectfully submitted, With the cdrrenc Katie Mandeville, BA, BURPI Andrew Fyfe, M.A. Other Considerations: Recommendation: variance. C Page 49 of 66

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54 2. That the existing vegetation on the property shall be preserved and enhanced Appendix 3 4. That the applicant shall have regard for the Township s Clean and Clear By 3. That the construction is in substantial compliance with the plans submitted law by storing his person affects within the accessory structures or main RECOMMENDED CONDITIONS dwelling rather than outside on the property. 1. Municipal Taxes to be paid to date. as much as possible. with the Application. Page 52 of 66

55 REPORT D Committee of Adjustment occupied by an existing single storey detached dwelling and two accessory buildings, as TO: Chair and Members FROM: Katie Mandeville RE: Application for Minor Variance A-il-is Address: 3929 Menoke Beach Road County Official Plan: Rural Township Official Plan: Shoreline Residential Township of North Orillia (Appendix 1). The approximately acre property is Township Zoning: Shoreline Residential Two (SR2) The subject property is located at 3929 Menoke Beach Road in the geographic Applicant: Lisa McKinzey DATE: March 12, 2015 Planner metres (1,196 sq. ft.) and a rear yard setback of 4.5 meters for an accessory structure. attached deck and 13 metres (42.83 ft.) to the new dwelling wall whereas Zoning Shoreline Residential Two (SR2) Zone and the previous varience provided for a The applicant obtained a minor variance in 2014 to permit a maximum lot coverage of 28%, an accessory structure lot coverage of 15%, an accessory building size of existing dwelling and build a garage to the rear of the property. The owner would now The following variances are requested in order to permit the construction of the new At the time of application A-03-l 4 the property owner was proposing to retain the 1. A variance to permit a front yard setback of 9.4 metres (30.83 feet) to the like to demolish the existing dwelling and replace it with a new dwelling. Background: seen on the site plan attached as Appendix 2. dwelling: By-law states the minimum front yard setback is 20 metres (65.6 feet) for the Shoreline Residential Two (5R2) Zone. 2. A vahance to permit a maximum lot coverage of 30% (3, 319 sq. ft.) whereas Zoning By-law states the maximum lot coverage is 15% within the maximum of 28%. F-6 Page 53 of 66

56 The proposed plan for the new dwelling is attached as Appendix 3. The property was site inspected by planning and development staff prior to the writing of Official Plan. The objectives of the Shoreline Residential Area as stated in Section C7.1 Is the general in tent and purpose of the Official Plan maintained? The subject property is designated Shoreline Residential under the Township of Severn A discussion of the four tests for a Minor Variance as set out i Section 45(1) of the of the Township s Official Plan are as follows: a) To maintain the existing character of this predominantly low density residential area. b) To protect the natural features and ecological functions of the shoreline area and the immediate shoreline. The construction of a new dwelling utilizing the existing footprint and setback from the functions of the shoreline area as the dwelling has been in existence for approximately 60 years. The redevelopment of the property will also include a new septic system as c) To ensure that existing development is appropriately serviced with water and Planning Act follows. C71 OBJECTIVES sanitary services. water as the existing dwelling will not significantly impact the natural features and the Township does not have any records pertaining to the existing system. The proposed variance maintains the general purpose and intent of the Township s Official Is the general intent and purpose of the Zoning By-law maintained? Discussion: this report. Plan. The proposed variance for the replacement of the dwelling appears to comply with all Zoning By-law requirements with the exception of the requested variances. The intent of natural state and not cluttered with development. Maintaining the existing setback would setback is minor in nature as it maintains an existing setback and keeps the dwelling in a maximum lot coverage provision is to ensure that properties are not over developed, line with the others on this section of Lake Couchiching. The planning department has space within the waterfront area rather than a property that is covered with structures. this is especially important within the waterfront area to allow for drainage and open In the opinion of the Planning Department the requested variance for the front yard The intent of a setback from the shoreline is to ensure that shorelines are left in a some reservations about the minor nature of a 30% lot coverage given that an put the new dwelling in line with the other dwellings within this area. Is it minor? Page 54 of 66

57 acceptable septic location has not been confirmed, permitting double the lot coverage does raise concerns. Is it desirable for the appropriate development or use of the land? Redevelopment or the conversion of seasonal to permanent residences within the waterfront area is a common practice and adds to the quality of development within the Township. The owners previous variance was to build a larger accessory structure to facilitate the storage needed for a permanent resident with no accessory structures or basement in a dated seasonal dwelling. Given the proposed variance now applied for is to demolish the existing dwelling and build a new one staff believe that this creates an opportunity to establish storage facilities within the home and questions the need for increased lot coverage beyond the previously permitted 26% as the properties within this area are small in size and over building these properties would not be desirable. The proposed front yard setback will maintain an existing setback and allow for a septic envelope behind the dwelling, this will lead to desirable use of the land and appropriate development. - Other Considerations: The Building Department has provided the following comment: No objection to the proposed application. Note: Various conversations have occurred between the building department and property owner as the owner wishes to move the proposed garage and dwelling closer to the current septic envelope, approval of a septic location and design within the proposed envelope will need to occur prior to a building permit being issued for the garage or dwelling, this may affect the location of both structures Recommendation: The Planning Department has no objections to the approval of the variance for a front yard setback, subject to the recommended conditions set out in Appendix 4, because the variance is believed to be minor in nature, and keeps with the general intent of the Official Plan and Zoning By-law and is desirable for the appropriate development and use of the land. The Planning Department has reservations on the increased lot coverage variance and would recommend a deferral of that variance in order to ensure a suitable septic area is approved by the building department. Page 55 of 66

58 Respectfully submitted With t o urrence -- a Katie Mandeville, BA, BURPI Andrew Fyfe, M.A. Planner Director of Planning & evelopment Page 56 of 66

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62 system to the proposed garage and dwelling locations prior to the issuance of 3. That the existing vegetation on the property shall be preserved and enhanced 2. That the applicants verify the required clearances from the proposed septic 4. That the construction is in substantial compliance with the plans submitted RECOMMENDED CONDITIONS APPENDIX 4 1. Municipal Taxes to be paid to date. as much as possible. with the Application. a building permit. Page 60 of 66

63 REPORT Committee of Adjustment The subject property is located at 5619 Upper Big Chute Road, Lot 39, Plan 1713, County Official Plan: Settlement Area Township Official Plan: Settlement Area, Severn Falls Township Zoning: Tourist Resort Commercial (C8) Zone (1.74 acres) has over 60 metres (200 ft.) of frontage on the Severn River and is located TO: Chair and Members FROM: Katie Mandeville RE: Application for Minor Variance A-I 2-15 Address: 5619 Upper Big Chute Road Applicant: Lee Carr DATE: March 12, 2015 Planner geographic Township of Matchedash, (Appendix 1). The approximately 0.7 hectare within the community of Severn Falls within an area containing both residential and commercial uses (Appendix 2). The property was at one time a commercial operation with rental cabins or cottages and at some point changed to owner occupied dwelling units. The time of the conversion of the property and associated cottages from commercial to residential is unknown at the have legal non-conforming status as the current use was not permitted under the former Matchedash in 1978, so the conversion is believed to have occurred prior to this year to variance to enlarge his existing dwelling, consent was given from the other dwelling owners as they are all listed as the registered owners. Matchedash Zoning By-law. One of the property owner s has applied for a minor the side lot line and 12.2 metres (40 feet) from the water. The property is zoned Tourist Resort Commercial (C8), however the property has multiple owner occupied dwellings, The existing non-complying dwelling is located approximately 7.3 metres (24 feet) from owners has applied to increase their dwelling by 31.2 square metres (336 sq. ft.) with a making the residential uses of the property and dwellings non-conforming. One of the existing non-conforming structure cannot be expanded without a permission under the side yard setback of 2.4 metres (8 ft.) whereas Zoning By-law states that an writing of this report; however zoning was established in the former Township of Background: F-7 Page 61 of 66

64 The property was subject to a site inspection by planning and development staff prior to Planning Act and an existing non-complying structure cannot be expanded if the situation of non-compliance increases. The four tests for a Minor Variance as set out in Section 45(1) of the Planning Act do complying structure. A discussion of the Official Plan designation, provisions of the not apply as the application is for the enlargement of a non-conforming and non Zoning By-law and character of the area follows: the writing of this report. Official Plan The subject property is designated Settlement Living Area under the Township of Severn Official Plan. renovate. This proposal represents a renovation which increased the size and is to be Plan provides direction regarding the consideration of a proposal to enlarge, repair or In terms of non-conforming uses under the zoning by-law, Section G3 of the Official a) further increase a situation of non-compliance a) the non-compliance relates to the residential use which is not being changed b) complies with all other provisions of the Plan and the Zoning By-law b) complies with all other provisions of the Plan and Zoning By-law c) does not increase the floor area in a required yard or setback d) does not pose a threat to public health or safety. c) The floor area in a required setback is being increased. d) The existing holding tank is sized for up to two bedrooms and therefore this proposal should not pose a threat. The property is zoned Tourist Resort Commercial (C8); therefore multiple owner occupied dwellings is not a permitted use within this zone. Numerous properties within the Severn Falls Settlement Area are residential or the permitted uses of the assigned zoning classifications. The property to the north west considered on the basis of whether it: With regard to the above: Zoning By-law businesses. The character of the Severn Falls area is one that does not always fit within of the subject lands is a commercial operation whereas the property next door to the commercial or a mixture of the two with many properties containing home based south east is an owner occupied residence. Discussion: Character of the Area Page 62 of 66

65 Other Considerations: The Building Department has provided the following comment: No objection to the proposed Minor Variance. Note: the proposed expansion appears to have a loff area; this cannot be enclosed sleeping space as it would exceed the holding tank capabilities, which is a total of two bedrooms. Recommendation: At the time of the writing of this report the applicant had not provided the planning department with the requested proof of the legal non-conforming status of the property; therefore staff recommends a deferral for more infor ion. Respectfully submitted, N Katie Mandeville, BA, BURPI Planner ndrew Fyfe, M.A. Director of Plannin%Development Page 63 of 66

66 Appendix I 0 M7, ¼ I TVk. p S Subjcct -4 N --dl p;ji..r, p Page 64 of 66

67 Appendix 2 Portion of Zoning Schedule 5-8 Ri. C8 - Residential Commercial & Residential - Seasonal Rental Cottages and Single Family Dwelling Ri 7 R 1 Residential C R I Subject C8 Property 04 \ SR2 C8 - - / S _ \ \ - - V N!.,r F Fr RU

68 Appendix 3 RECOMMENDED CONDITIONS 1. Municipal Taxes to be paid to date. 2. That the construction is in substantial compliance with the plans submitted with the Application. 3. That the existing vegetation is preserved and enhanced as much as possible.