THE CORPORATION OF THE TOWN OF GEORGINA IN THE REGIONAL MUNICIPALITY OF YORK COMMITTEE OF ADJUSTMENT

Transcription

1 THE CORPORATION OF THE TOWN OF GEORGINA IN THE REGIONAL MUNICIPALITY OF YORK COMMITTEE OF ADJUSTMENT MINUTES 2010-DECEMBER-06 7:30 P.M. 1. ROLL CALL: The Secretary-Treasurer gave the roll call and the following Committee Members were present: Stephen Pallett, Chairperson Chris Burns, Member Donald Rae, Member Karen Whitney, Member Danny Wheeler, Member The following staff members were present: Velvet Ross, Manager of Planning Mamata Baykar, Secretary-Treasurer 2. DECLARATION OF PECUNIARY INTEREST: None. 3. EXPLANATION OF HEARING PROCEDURE: Stephen Pallett, Chairperson, explained to the public in attendance the procedure to obtain a copy of any decision made by the Committee tonight. 4. REQUESTS FOR DEFERRAL OR WITHDRAWAL: 4.1 Application P DIPAK PATEL Weir s Sideroad, Pefferlaw Lot 19 & 20, Con 6 (NG) Roll No: Request from Lake Simcoe Region Conservation Authority and Planning Staff for deferral to December 20 th, 2010 meeting. Moved by Donald Rae Seconded by Danny Wheeler THAT MINOR VARIANCE APPLICATION P BE FURTHER DEFERRED TO THE MEETING TO BE HELD ON JANUARY 17, 2011.

2 Committee of Adjustment Application P ONTARIO INC. C/O John Gaspar 825 Lake Drive East, Jackson s Point Part Lot 18, Concession 9 (NG) Roll No The Committee recognized a letter of opposition having been received from Douglas MacEachern of 831 Lake Drive East, which indicated he was unable to attend the December 6 th meeting and requested the Committee defer consideration of the application. The Committee deferred the application to January 17, 2010 Committee of Adjustment meeting so as to give an opportunity to Mr. MacEachern to present his objection in front of the Committee. Mr. Gasper was instructed to try and contact Mr. MacEachern to discuss the application and the concerns with the proposal. Moved by Chris Burns Seconded by Donald Rae THAT MINOR VARIANCE APPLICATION P BE FURTHER DEFERRED TO THE MEETING TO BE HELD ON JANUARY 17, APPLICATIONS FOR MINOR VARIANCE: 5.2 Application P ROBERT & KRISTA REEVES 151 First Avenue, Keswick Part Lot 16, Concession 2 (NG) Roll No Robert Reeves, owner and applicant, stated that the purpose of the application is to construct a structure to enclose the hot tub which is located at the distance of 6 feet away from the dwelling. The Secretary-Treasurer read the following correspondence: The comments of the Planner as outlined in Report No. PB message from Darlene Folmeg, Engineering and Public Works, dated November 25, 2010, message from Bill O Neill, Fire Chief, dated November 23, 2010,

3 Committee of Adjustment message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated December 1, 2010, message from David Jones, On-Site Sewage Inspector, dated November 30, 2010, message from Deborah Buck, Chief Building Official, dated November 16, 2010, indicating that a Building permit is required for all existing decks over 2 ft. above grade as well as the hot tub enclosure and also advised that the construction of the hot tub enclosure has commenced without a permit. message from Pamela Hunt, By-law Enforcement Department, dated November 16, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated November 22, 2010, message Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 22, 2010, Moved by Karen Whitney Seconded by Donald Rae THAT MINOR VARIANCE APPLICATION P411037, REQUESTING RELIEF FROM SECTION 5.1 (b) TO PERMIT THE CONSTRUCTION OF A STRUCTURE ENCLOSING AN EXISTING HOT TUB, HAVING A REDUCED MINIMUM SETBACK FROM THE MAIN DWELLING OF 0.4 METRES, AS SHOWN ON SCHEDULE 1' ATTACHED IS HEREBY APPROVED. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period. 5.3 Application P DOUG & LISA GOLD 2 Whitestone Drive, Keswick Lot 1, Reg. Plan 65M-3859 (NG) Roll No.: Doug Gold, owner and applicant, presented their proposal to construct a pool in the rear yard with a reduced setback of 3 metres from the exterior side lot line. Mr. Gold also clarified that at present they have no intensions to build a shed to enclose the pump associated with the pool and in future if the shed is built it will meet the requirements of the By-law.

4 Committee of Adjustment The Secretary-Treasurer read the following correspondence: The comments of the Planner as outlined in Report No. PB message from Darlene Folmeg, Engineering and Public Works, dated November 25, 2010, message from Bill O Neill, Fire Chief, dated November 23, 2010, message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated December 1, 2010, message from David Jones, On-Site Sewage Inspector, dated November 30, 2010, message from Deborah Buck, Chief Building Official, dated November 16, 2010, message from Pamela Hunt, By-law Enforcement Department, dated November 16, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated November 22, 2010, message Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 22, 2010, Moved by Donald Rae Seconded by Chris Burns THAT MINOR VARIANCE APPLICATION P411038, REQUESTING RELIEF FROM SECTION 5.1 (d) TO PERMIT THE CONSTRUCTION OF A POOL TO BE LOCATED IN THE REAR YARD HAVING A REDUCED SETBACK OF 3 METRES FROM THE EXTERIOR SIDE LOT LINE ABUTTING GLENDOWER CRESCENT, AS SHOWN ON SCHEDULE 1' ATTACHED IS HEREBY APPROVED. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period.

5 Committee of Adjustment Application P EDWARD KUBATH 152 Lake Drive East Lot 4, Con 9 (NG) Roll No Mr. Eric Gunnell of Gunnell Engineering Ltd. agent for the applicant presented the applicant s proposal to build a new gazebo with a reduced setback from high water mark of Lake Simcoe from 15 metres to metres and 9.34 metres to the existing deck and with a reduced rear yard setback for the proposed gazebo and for the existing deck to NIL. Mr. Gunnell confirmed that the proposed gazebo and the existing deck is on the land owned by the Ministry of Natural Resources and that the land is leased to the applicant. Mr. Gunnell also confirmed that the Ministry of Natural Resources has no objection to the proposal. The Secretary-Treasurer read the following correspondence: The comments of the Planner as outlined in Report No. PB message from Darlene Folmeg, Engineering and Public Works, dated November 25, 2010, message from Bill O Neill, Fire Chief, dated November 23, 2010, message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated December 1, 2010, message from David Jones, On-Site Sewage Inspector, dated November 30, 2010, message from Deborah Buck, Chief Building Official, dated November 16, 2010, indicating that a Building permit is required for all existing decks over 2 ft. above grade as well as the hot tub enclosure. message from Pamela Hunt, By-law Enforcement Department, dated November 16, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated November 22, 2010, message Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 24, 2010, indicating that the owner will be required to obtain a permit under Ontario Regulation 179/06 from the Lake Simcoe Region Conservation Authority prior to any site alteration and/or development, and secondly, that a 5.0 metre vegetated buffer of native, non-

6 Committee of Adjustment invasive trees and shrubs be planted by the owner along the shoreline of this property to the satisfaction of the Conservation Authority, in accordance with a planting plan which is to be prepared and submitted as part of the permit application. Moved by Chris Burns Seconded by Karen Whitney THAT MINOR VARIANCE APPLICATION P411039, REQUESTING RELIEF FROM: 1. SECTION 5.10 TO PERMIT A REDUCED MINIMUM SETBACK FROM THE HIGH WATER MARK OF LAKE SIMCOE OF METRES FROM THE NORTHEAST CORNER OF THE PROPOSED GAZEBO, AND METRES FROM THE NORTHWEST CORNER OF THE PROPOSED GAZEBO, AND TO PERMIT A REDUCED MINIMUM SETBACK FROM THE HIGH WATER MARK OF LAKE SIMCOE OF 9.34 METRES TO AN EXISTING UNENCLOSED DECK; 2. SECTION 5.1 (d), TO PERMIT A MINIMUM REAR YARD SETBACK TO THE PROPOSED GAZEBO OF NIL; AND, 3. SECTION 5.45 (a) TO PERMIT A MINIMUM REAR YARD SETBACK TO AN EXISTING UNENCLOSED DECK OF NIL, AS SHOWN ON SCHEDULE 1 ATTACHED IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING TERM: i) THAT THE OWNER WILL BE REQUIRED TO OBTAIN A PERMIT UNDER ONTARIO REGULATION 179/06 FROM THE LAKE SIMCOE REGION CONSERVATION AUTHORITY PRIOR TO ANY SITE ALTERATION AND/OR DEVELOPMENT, AND, THAT A 5.0 METRE VEGETATED BUFFER OF NATIVE, NON-INVASIVE TREES AND SHRUBS BE PLANTED ALONG THE SHORELINE OF THIS PROPERTY TO THE SATISFACTION OF THE CONSERVATION AUTHORITY, IN ACCORDANCE WITH A PLANTING PLAN WHICH IS TO BE PREPARED AND SUBMITTED AS PART OF THE PERMIT APPLICATION. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period.

7 Committee of Adjustment APPLICATIONS FOR CONSENT: 6.1 Application P ONTARIO INC. / WOODBINE AVENUE INC Woodbine Avenue Concession 3 (NG) Part Lot 9 Roll No Michael Smith of Michael Smith Planning Consultant, Development Coordinators Ltd., agent for the applicant, Ontario Inc., presented the applicant s proposal to sever and create one new residential building lot. Mr. Smith stated that the above application was originally submitted on October 1 st, 2009 but was subsequently deferred pending the completion and submission of an Environment Impact Study (EIS). The EIS, undertaken by Azimuth Environmental Consulting, has determined that approximately 30% of the subject land is suitable for development purposes and both Lake Simcoe Region Conservation Authority (LSRCA) and Ministry of Natural Resource (MNR) are satisfied with the delineated boundaries of the proposed building envelope. Mr. Smith also explained that while the site is proposed to be developed for single family dwelling purposes, it will be prudent for his client to have regards to the policies of the Provincial Growth Plan which speaks of residential intensification, and in this regard the infrastructure to service the site is proposed to be oversized (i.e. larger pipes) should any alternative development (ex. Multi-unit residential or commercial uses) be proposed in the future, which would require further planning approvals. Mr. Smith also stated his client s dissatisfaction with the two conditions recommended in the Planning Report (PB ), notably: 1) The request of the Engineering and Public Works Department, indicating that the site is to be serviced from Woodbine Avenue, and that the installation of the municipal services is to be completed prior to the York Region completion of the reconstruction and widening for this section of Woodbine Avenue; and, 2) The request of the Planning Division and the Lake Simcoe Region Conservation Authority, indicating that the applicant be required to obtain zoning approval to rezone those portions of the subject land that are outside of the building envelope to a site specific Open Space (OS) zone, in order to protect the environmental features on the site. With respect to the servicing request, Mr. Smith indicated that the estimated costs for servicing installations from Woodbine Avenue are unaffordable, and that a more cost effective proposal is to service the lands through a private landholding to Riverglen Drive. In this regard, Mr. Smith requested that the wording of proposed Condition #1 be amended such that the reference to the memorandum of the EPW Department, dated October 21, 2010 be deleted, and that the condition simply require that the subject land has been serviced from either Woodbine Avenue or Riverglen Drive to the satisfaction of the EPW Department.

8 Committee of Adjustment With respect to the rezoning request, Mr. Smith indicated that a zoning amendment is unnecessary as the environmental features and associated buffer requirements for the subject land will be protected through the LSRCA S permit requirements under Ontario Regulation 179/06. In this regard, Mr. Smith requested that Condition #2 be deleted. Mrs. Velvet Ross, Manager of Planning, explained the concerns of Mr. Michael Baskerville, Manager of Engineering and Public Works Department in regards to the applicant s proposal for servicing of the site through an easement to Riverglen Drive. Mrs. Ross stated that Mr. Baskerville indicated concerns that should the future use of the property be for multi-unit residential or commercial or anything beyond a single family dwelling, he would not support having that type of use being serviced through a easement through a private property. The Secretary-Treasurer read the following correspondence: The comments of the Planner as outlined in Report No. PB Inter-office Memorandum received from Michael Baskerville, Engineering Manager, dated October 21, 2010, indicating no objection subject to the installation of municipal water and sewer services into the lot being created from Woodbine Avenue. message from Bill O Neill, Fire Chief, dated September 30, 2010, message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated October 12, 2010, indicating that a Park Levy is required and that payment of same will be a condition of building permit issuance. message from David Jones, On-Site Sewage Inspector, dated October 18, 2010, indicating no objections provided municipal water and sanitary sewer connections are available for the subject land. message from Deborah Buck, Chief Building Official, dated October 22, 2010, indicating connections to municipal services required. message from Pamela Hunt, By-law Enforcement Department, dated October 05, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated October 18, 2010, message from Trevor Catherwood, Development Review Technologist, York Region, Transportation Services Department, dated November 22, 2010,

9 Committee of Adjustment message Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 24, 2010, indicating that the owner is required to have the Provincially Significant Wetland (PSW) and its associated buffer rezoned to Open Space(OS), and secondly, that the owner will be required to obtain a permit under Ontario Regulation 179/06 from the Lake Simcoe Region Conservation Authority prior to any site alteration and/or development. Furthermore, as a condition of the permit, the LSRCA will also require the applicant to have prepared and submit a planting plan to their satisfaction. Moved by Karen Whitney Seconded by Donald Rae THAT CONSENT APPLICATION P420908, REQUESTING PERMISSION TO SEVER AND CONVEY THE SUBJECT LANDS INDICATED AS 'A' AND RETAIN THE REMAINDER LANDS INDICATED AS 'B'' AS SHOWN ON SCHEDULE '1' ATTACHED, IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION TO THE SECRETARY-TREASURER OF SIX (6) WHITE PRINTS OF A DEPOSITED REFERENCE PLAN OF SURVEY TO CONFORM SUBSTANTIALLY WITH THE APPLICATION AS SUBMITTED; 2. SUBMISSION TO THE SECRETARY-TREASURER OF A FULLY EXECUTED DEED, IN DUPLICATE, CONVEYING THE SUBJECT LANDS INDICATED AS A AS SHOWN ON SCHEDULE 1' ATTACHED; 3. SUBMISSION TO THE SECRETARY TREASURER OF WRITTEN CONFIRMATION FROM THE ENGINEERING AND PUBLIC WORKS DEPARTMENT THAT THE SITE HAS BEEN SERVICED TO THE SATISFACTION OF THE ENGINEERING AND PUBLIC WORKS DEPARTMENT; 4. ALL CONDITIONS MUST BE SATISFIED WITHIN ONE (1) YEAR OF THE DATE OF THE NOTICE OF THE DECISION; AND, THAT THE APPROVAL BE SUBJECT TO THE FOLLOWING TERMS: i) THAT THE APPLICANT BE ADVISED THAT THE PAYMENT OF A PARK LEVY WILL BE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE ON THE SUBJECT LANDS; ii) THAT THE APPLICANT BE ADVISED THAT THEY WILL BE REQUIRED TO OBTAIN A PERMIT UNDER ONTARIO REGULATION 179/06 FROM LSRCA PRIOR TO ANY SITE ALTERATION AND/OR DEVELOPMENT; AND

10 Committee of Adjustment iii) THAT THE APPLICANT BE ADVISED THAT THEY WILL BE REQUIRED TO HAVE PREPARED AND TO SUBMIT A PLANTING PLAN, TO THE SATISFACTION OF THE LSRCA, AS A CONDITION OF THE ISSUANCE OF A PERMIT UNDER ONTARIO REGULATION 179/06. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period. 6.2 Application P JASON GENIOLE 158 Parkview Road, Keswick Lot 12, Reg. Plan 382 (NG) Roll No.: Eric Gunnell of Gunnell Engineering Ltd. agent for the applicant presented the applicant s proposal to sever a landholding into 2 lots with a frontage of approximately metres each on Parkview Road. Mr. Gunnell, also explained that the applicant s intention is to build raised bungalows on both lots with a reduced side yard between the two bungalows so as to maximize the setback from the existing neighboring properties. Mr. Gunnell also clarified the concerns raised by the owners of the neighbouring property on the west side in regards to cutting of the trees on the property by informing the Committee that the trees on the property would not be disturbed and only 2 trees behind the existing dwelling would be cut. Mr. Gunnell provided an overview of the consent application in relation to some of the relevant severance provisions of the Keswick Secondary Plan. Mr. Mickey Morrone, residing at 164 Parkview Road, opposed the applicant s proposal to sever and stated their concerns with respect to changing the character of the streetscape by creating smaller lots, loss of trees and loss of privacy. Mr. Jason Geniole, owner and applicant also stated that he is ready to work with the owners of the neighbouring property so as to satisfy their concerns. Danny Wheeler, Member, questioned whether the owner had given any thought to proposing a semi-detached dwelling rather than two single detached dwellings, recognizing that it would require a re-zoning approval through Council. Mr. Gunnell indicated the owner would consider that, given that there is a large semidetached residential building only 2 lots away of their site. Ms. Tracey Morrone, of 164 Parkview Road, spoke to their letter submitted indicating that those individuals who signed the letter noting their opposition to the proposed severance are residents of both sides of Parkview Road. The Secretary-Treasurer read the following correspondence:

11 Committee of Adjustment The comments of the Planner as outlined in Report No. PB Inter-office Memorandum received from Michael Baskerville, Engineering Manager, dated November 18, 2010, indicating no objection subject to the owner providing a detailed lot grading plan prepared by a Professional Engineer skilled and competent in such work, and further, that the owner pay for and have municipal water and sanitary sewer connections installed as may be required. message from Bill O Neill, Fire Chief, dated November 23, 2010, message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated December 1, 2010, indicating that Park Levy is required and that payment of same will be a condition of building permit issuance. message from David Jones, On-Site Sewage Inspector, dated November 30, 2010, message from Deborah Buck, Chief Building Official, dated November 16, 2010, message from Pamela Hunt, By-law Enforcement Department, dated November 16, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated November 22, 2010, message Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 22, 2010, Correspondence and petition received from Tracey and Mickey Morrone, dated November 24, 2010 owner of the neighbouring property, indicating their objection against the proposed severance. Moved by Karen Whitney Seconded by Chris Burns THAT CONSENT APPLICATION P421019, REQUESTING PERMISSION TO SEVER AND CONVEY THE SUBJECT LANDS INDICATED AS 'A' AND RETAIN THE REMAINDER LANDS INDICATED AS 'B' AS SHOWN ON SCHEDULE '1' ATTACHED, IS HEREBY REFUSED.

12 Committee of Adjustment Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period Application P ONTARIO LTD. P C/O A&T HOMES & P High Street, Sutton Lots 6-11 Inclusive Block 16 Part of Lots 3 & 4 Block 15, Reg. Plan 69, Reference Plan 65R30797, Part No. 1, 2, 3 And 7 Roll No.: Mr. Gord Mahoney of Michael Smith Planning Consultants; Development Coordinators Ltd., agent for the applicant Ontario Ltd., presented the applicant s proposal to create two new residential lots (A1 and A2)and the proposal for an easement (A3) for sanitary service of the two proposed lots. Mr. Mahoney advised that the Official Plan Amendment was approved by the Council in 2008 and the amending by-law to implement the Offical Plan Amendment was passed by Council on June 9, An amending zoning by-law has not yet been passed to implement the zoning, but would be presented to Council in early Mr. Mahoney presented a revised consent sketch in consideration of the Engineering and Public Works Department no longer requiring the road widening along East Street. Mr. Mahoney informed the Committee of the changes made to the original sketch which resulted in Lots A1 and A2 becoming 2.4 metres deeper with a depth of 30.5 metres. The removal of the road widening also shifted the sight triangle slightly, which reduced the lot frontage for proposed Lot A2. The rear lot line for Lot A2 was wrongly dimensioned at 4.9 metres which is corrected and shown as 5.2 metres. Mr. Mahoney also stated that the applicant would like to move the interior lot line further to the east by 1.5 metres so that Lot A1 will have 20 metres of frontage and Lot A2 will have 17.2 metres of frontage. Mr. Mahoney also indicated that the applicant has reviewed the conditions outlined by the external and internal agencies with respect to the proposed development and has no issues towards fulfilment of the conditions outlined. However, with respect to the comments regarding the payment of a park levy being required for application P421021, Mr. Mahoney indicated that as the proposed lot contains an existing house, no park levy should be required for this lot. Mr. Brian Lytle, residing at 51 High Street, stated his support in favor of the applications but questioned whether sidewalks were proposed on East Street. Mr. Mahoney clarified that no sidewalk is proposed along East Street as it was not the requirement of the draft plan of subdivision, however a sidewalk is required to be constructed on Burke Street.

13 Committee of Adjustment The Secretary-Treasurer read the following correspondence: The comments of the Planner as outlined in Report No. PB message from Darlene Folmeg, Engineering and Public Works, dated November 29, 2010 indicating no objection subject to the owner providing a detailed lot grading plan prepared by a Professional Engineer skilled and competent in such work, and further, that the owner shall ensure the installation of water and sanitary sewer connections as a condition of approval. message from Bill O Neill, Fire Chief, dated November 23, 2010, message from Brock McDonald, Manager of Policy and Development, Recreation, Parks and Culture Department, dated December 1, 2010, indicating that Park Levy is required for each residential lot created. message from David Jones, On-Site Sewage Inspector, dated November 30, 2010, message from Deborah Buck, Chief Building Official, dated November 16, 2010, message from Pamela Hunt, By-law Enforcement Department, dated November 16, 2010, message from Rachel Dillabough, Senior Tax and Water Collection Clerk, dated November 22, 2010, message from Jackie Burkart, Senior Planner, Lake Simcoe Region Conservation Authority, dated November 22, 2010, Moved by Karen Whitney Seconded by Chris Burns THAT NO FURTHER NOTICE BE REQUIRED TO AMEND THE FRONTAGE OF THE PROPOSED LOTS SUCH THAT PROPOSED LOT A1 HAS 20 METRES OF FRONTAGE AND PROPOSED LOT A2 HAS 17.2 METRES OF FRONTAGE.

14 Committee of Adjustment Moved by Karen Whitney Seconded by Chris Burns THAT CONSENT APPLICATION P421020, REQUESTING PERMISSION TO SEVER AND CONVEY THE SUBJECT LANDS INDICATED AS 'A 1' AND RETAIN THE REMAINDER LANDS INDICATED AS 'B' AS SHOWN ON SCHEDULE '1' ATTACHED, IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION TO THE SECRETARY-TREASURER OF SIX (6) WHITE PRINTS OF A DEPOSITED REFERENCE PLAN OF SURVEY TO CONFORM SUBSTANTIALLY WITH THE APPLICATION AS SUBMITTED. 2. SUBMISSION TO THE SECRETARY-TREASURER OF A FULLY EXECUTED DEED, IN DUPLICATE, CONVEYING THE SUBJECT LANDS. 3. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE PLANNING DIVISION THAT THE PROPOSED LOT IDENTIFIED AS A1 ON SCHEDULE 1 HAS BEEN APPROPRIATELY REZONED TO A SITE SPECIFIC LOW DENSITY URBAN RESIDENTIAL (R1) ZONE, INCLUDING ZONE PROVISIONS RELATED TO FENCING REQUIREMENTS FOR THE PROPOSED LOT; 4. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE ENGINEERING AND PUBLIC WORKS DEPARTMENT THAT THE OWNER HAS ENTERED INTO A CONSENT AGREEMENT WITH THE TOWN RESPECTING ALL MATTERS RELATED TO THE DEVELOPMENT OF THE SUBJECT LANDS, TO THE SATISFACTION OF THE TOWN; 5. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE ENGINEERING AND PUBLIC WORKS DEPARTMENT THAT A DETAILED LOT GRADING AND DRAINAGE PLAN AND A STORMWATER MANAGEMENT PLAN HAVE BEEN PREPARED BY A PROFESSIONAL ENGINEER SKILLED AND COMPETENT IN SUCH WORKS, TO THE SATISFACTION OF THE TOWN; 6. CONFIRMATION FROM THE SECRETARY-TREASURER THAT CONSENT APPLICATION P HAS BEEN APPROVED; 7. ALL CONDITIONS MUST BE SATISFIED WITHIN ONE (1) YEAR OF THE DATE OF THE NOTICE OF THE DECISION; AND, THAT THE APPROVAL BE SUBJECT TO THE FOLLOWING TERM: i. THAT THE APPLICANT BE ADVISED THAT THE PAYMENT OF

15 Committee of Adjustment PARK LEVY WILL BE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE ON THE SUBJECT LANDS. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period. Moved by Karen Whitney Seconded by Chris Burns THAT CONSENT APPLICATION P421021, REQUESTING PERMISSION TO SEVER AND CONVEY THE SUBJECT LANDS INDICATED AS 'A 2' AND RETAIN THE REMAINDER LANDS INDICATED AS 'B' AS SHOWN ON SCHEDULE '1' ATTACHED, IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION TO THE SECRETARY-TREASURER OF SIX (6) WHITE PRINTS OF A DEPOSITED REFERENCE PLAN OF SURVEY TO CONFORM SUBSTANTIALLY WITH THE APPLICATION AS SUBMITTED. 2. SUBMISSION TO THE SECRETARY-TREASURER OF A FULLY EXECUTED DEED, IN DUPLICATE, CONVEYING THE SUBJECT LANDS. 3. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE PLANNING DIVISION THAT THE PROPOSED LOT IDENTIFIED AS A2 ON SCHEDULE 1 HAS BEEN APPROPRIATELY REZONED TO A SITE SPECIFIC LOW DENSITY URBAN RESIDENTIAL (R1) ZONE, INCLUDING ZONE PROVISIONS RELATED TO FENCING REQUIREMENTS FOR THE PROPOSED LOT; 4. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE ENGINEERING AND PUBLIC WORKS DEPARTMENT THAT THE OWNER HAS ENTERED INTO A CONSENT AGREEMENT WITH THE TOWN RESPECTING ALL MATTERS RELATED TO THE DEVELOPMENT OF THE SUBJECT LANDS, TO THE SATISFACTION OF THE TOWN; 5. SUBMISSION TO THE SECRETARY-TREASURER OF WRITTEN CONFIRMATION FROM THE ENGINEERING AND PUBLIC WORKS DEPARTMENT THAT A DETAILED LOT GRADING AND DRAINAGE PLAN AND A STORMWATER MANAGEMENT PLAN HAVE BEEN PREPARED BY A PROFESSIONAL ENGINEER SKILLED AND COMPETENT IN SUCH WORKS, TO THE SATISFACTION OF THE TOWN;

16 Committee of Adjustment CONFIRMATION FROM THE SECRETARY-TREASURER THAT CONSENT APPLICATION P HAS BEEN APPROVED; 7. CONFIRMATION FROM THE SECRETARY-TREASURER THAT THE DEED TO CONVEY THE SUBJECT LAND OF CONSENT P HAS BEEN STAMPED AND ALL CONDITIONS IMPOSED HAVE BEEN FULFILLED. 8. ALL CONDITIONS MUST BE SATISFIED WITHIN ONE (1) YEAR OF THE DATE OF THE NOTICE OF THE DECISION. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period. Moved by Karen Whitney Seconded by Chris Burns THAT CONSENT APPLICATION P421022, REQUESTING PERMISSION TO GRANT AN EASEMENT FOR SERVICING PURPOSES OVER THE EASEMENT AREA INDICATED AS 'A 3',IN FAVOUR OF THE RESIDENTIAL LOTS A1 AND A2 AS SHOWN ON SCHEDULE '1' ATTACHED, IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION TO THE SECRETARY-TREASURER OF SIX (6) WHITE PRINTS OF A DEPOSITED REFERENCE PLAN OF SURVEY TO CONFORM SUBSTANTIALLY WITH THE APPLICATION AS SUBMITTED; 2. SUBMISSION TO THE SECRETARY-TREASURER OF A FULLY EXECUTED DEED, IN DUPLICATE, GRANTING THE EASEMENT; 3. ALL CONDITIONS MUST BE SATISFIED WITHIN ONE (1) YEAR OF THE DATE OF THE NOTICE OF THE DECISION. Stephen Pallett, Chairperson, advised those in attendance of the 20 day appeal period. 7. POWER OF SALE/FORECLOSURE/VALIDATION OF TITLE APPLICATIONS: None

17 Committee of Adjustment MINUTES OF THE PREVIOUS MEETING: 8.1 Minutes of the Meeting held on November 8 th, Moved by Danny Wheeler Seconded by Chris Burns THAT THE DRAFT MINUTES OF THE MEETING HELD ON NOVEMBER 8TH, 2010, BE CORRECTED AS FOLLOWS AND ADOPTED: Page 1 - Item 1, Member, Donald Rae s name be added to the roll call as being present for the meeting. 9. COMMUNICATIONS: None. 10. OTHER BUSINESS: 10.1 Proposed 2011 Schedule for the Committee Of Adjustment. Moved by Karen Whitney Seconded by Donald Rae THAT THE PROPOSED 2011 SCHEDULE FOR THE COMMITTEE OF ADJUSTMENT MEETING BE RECEIVED FOR INFORMATION. 11. NEXT MEETING: JANUARY 17, 2011: The next Committee of Adjustment meeting is scheduled for January 17 th, 2011.

18 Committee of Adjustment ADJOURNMENT: Moved by Danny Wheeler Seconded by Karen Whitney THAT THE MEETING ADJOURN AT THIS TIME (9:30 P.M.) Stephen Pallett, Chairperson Mamata Baykar, Secretary-Treasurer