CORPORATION OF THE TOWNSHIP OF HAMILTON COMMITTEE OF ADJUSTMENT MEETING MINUTES October 9, 2018 at 2:00 PM

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1 October 9, 2018 at 2:00 PM Members : Chair Mark Lovshin; Member Gary Woods; Member Scott Jibb; Member Bill Cane; Member Pat McCourt Sandra Stothart Secretary/Treasurer Staff : 1. Call To Order Arthur Anderson, CAO, Kate Surerus, Clerk 1.1 The meeting was called to order at 2:00 p.m.. 2. Explanation of Process of the Hearing to the Public 2.1 The Secretary/Treasurer explained the process of the hearing and reviewed the requirement of the Planning Act for the Committee to provide reasons for their decisions and explain how input from the public impacted their decision. 3. Confirmation of Agenda 3.1 Moved by Member McCourt, Seconded by Member Jibb THAT the agenda be approved as submitted. 4. Declarations Of Pecuniary Interest And The General Nature Thereof 4.1 No declarations of pecuniary interest were made. 5. Approval of Minutes of Previous Meeting 5.1 The minutes of September 11, 2018 were not prepared. They will be part of the November 13, 2018 agenda. 6. Business Arising From Previous Minutes 6.1 None. 7. New Business - Minor Variances 7.1 None. Page 1 of 14

2 8. New Business - Consents 8.1 APPLICATION FILE NO.: B-06 & 07/18 OWNER DELBERT CRESSMAN CIVIC ADDRESS V/L Ontario Street LEGAL DESCRIPTION PT LOT 18, CON 2 (formerly part of Plan 47, part Lots 11, 12, and Lots 13 & 14) Now being part of Part 1 & Parts 2-5 on RP 39R ROLL NUMBER The Notice of Public Meeting was circulated to the neighbouring property owners on or before September 24, 2018 and the signs were posted on the property on September 25, 2018 in accordance with the regulations as set out under the requirements of the Planning Act, R.S.O., 1990, as amended. Purpose and Effect: (All dimensions noted below are approximate measurements.) This application is seeking to sever two (2) new separately conveyable lots, each with m (180 ft) of road frontage on Ontario Street and 0.4 ha (1 ac) of area for future residential use. The retained property will enjoy over ha (64 ac) with broken frontage of m (200 ft) and m ( ft) on Ontario Street. The property is within the Rural designation of the Township Official Plan and the Marginal Agricultural zone of the Township Zoning By-law. The staff report and recommendation for approval were given. A letter from Kimberly Ojo of 1459 Ontario Street was read aloud, noting concerns regarding the quantity of water in the area. The applicant was in attendance and willing to answer questions. He advised the Committee that he had checked with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) regarding the neighbouring barn. The barn would require a complete renovation and the owner, Mario Benedetti, agreed. OMAFRA had no objection to the residential proposal as the barn has been empty for more than 10 years and was rusted out. Further, he spoke to water testing conducted years ago as part of a subdivision review. There was an incredible amount as there is an artesian system in the Page 2 of 14

3 area. He does have a copy of the report from the late 1980's. There were no other members of the public in attendance who wished to speak to this application. Member Jibb noted that he was aware that the neighbouring barn was vacant for a number of years but questioned the Minimum Distance Separation calculations. The Planning Co-Ordinator noted a willingness to sit down with the applicant and review the calculations again given the information he had from OMAFRA. Member McCourt noted the differences between these applications and the application from last month wherein the parent properties are now considered to be Prime Agricultural land according to the province. Last month the parent parcel was only 2.5 ac, this month the parent parcel is 68 ac and is a farmable parcel. She wondered if she could support approval in good conscience following the specific change to the policy. Member Cane had the same concern and wondered with the Township Official Plan would be updated to reflect the new provincial policy? Chairman Lovshin noted that the application was caught in a grey area as it has been in the process since the spring of the year. He noted that the decision last month was made with the expressed sentiment of not setting precedence. The Planning Co-Ordinator noted that there were no other new applications to come forward that were caught in the transition of the new policy. Now that the policy is known, all applications will be reviewed accordingly. Member Woods noted that the Township Official Plan has not yet been updated, nor has the Northumberland County Official Plan been updated to reflect the new policy. Until such time applications need to be reviewed under the current rules. Chairman Lovshin noted that the Province said the policy was in effect now, but that these applications were submitted before the change was known. Member Woods opined that until the local documents are updated, decision must be made under the current regulations. Page 3 of 14

4 Member McCourt disagreed and suggested returning the applicant's application fees vs. approving the consents contrary to provincial policy. Chairman Lovshin spoke to the former hog farm operation on the neighbouring property. He would like to approve the applications subject to confirmation of MDS calculations rather than defer decision. Member Jibb suggested it would not be fair to hold the applicant to regulations that the Township was not aware of when the applications were submitted. The applicant made application with the understanding that he was eligible and there was no information otherwise. This has been a transitional period. Member Cane noted that it was possible for the Province to appeal the decision. Mr. Cressman was aware of the possibility. Member Woods noted his support, and that Mr. Cressman was aware of possibility of provincial appeal. Moved by Member Woods, Seconded by Member Jibb THAT Consent Application B-06/18 to sever m (180 ft) of road frontage and 0.4 ha (1.ac) of land as a newly created lot for residential purposes be APPROVED subject to the conditions listed below, and for the following reasons; REASON(S): The application has been reviewed against the following documents: The Planning Act, Section 53 and 51(24); Provincial Policy Statement; Township Official Plan and Zoning By-law. The application is in general conformity with the Provincial Policy Statement and the Township Official Plan; the commenting agencies were in support of the application; application made prior to enforcement of new legislation; meets Township Rural Area policies. IMPACT OF PUBLIC INPUT no objection from public regarding lot creation CONDITIONS: 1. Subject to the submission of 3 hard copies, a PDF copy and an AutoCAD copy of a registered Reference Plan identifying the newly created parcel. The Reference Plan shall be in metric measure, UTM Zone 17. The AutoCAD version of the actual drawing portion of the plan in UTM NAD83 co-ordinates is required. The area of each Part shall be identified. Page 4 of 14

5 2. Subject to the Minimum Distance Separation calculation being reviewed and found satisfactory to the Ontario Ministry of Agriculture Food & Rural Affairs to allow a new rural residential lot. 3. Subject to payment of Park Levy of $ per new lot created. 4. Subject to payment of Development fee of $ per new lot created. 5. Subject to the successful completion of a Zoning By-law Amendment application rezoning the severed lands, as identified on the above noted Reference Plan, to Rural Residential. 6. Subject to the payment in full of all current and outstanding taxes on the subject property, to the date of Consent. 7. Subject to the Stamping of the new Deed within one year of the giving of written notice of decision of the Committee of Adjustment, per new lot created. Moved by Member Jibb, Seconded by Member Cane THAT Consent Application B-07/18 to sever m (180 ft) of road frontage and 0.4 ha (1.ac) of land as a newly created lot for residential purposes be APPROVED subject to the conditions listed below, and for the following reasons; REASON(S): The application has been reviewed against the following documents: The Planning Act, Section 53 and 51(24); Provincial Policy Statement; Township Official Plan and Zoning By-law. The application is in general conformity with the Provincial Policy Statement and the Township Official Plan; the commenting agencies were in support of the application; application made prior to enforcement of new legislation; meets Township Rural Area policies. IMPACT OF PUBLIC INPUT no objection from public regarding lot creation. CONDITIONS: 1. Subject to the submission of 3 hard copies, a PDF copy and an AutoCAD copy of a registered Reference Plan identifying the newly created parcel. The Reference Plan shall be in metric measure, UTM Zone 17. The Page 5 of 14

6 AutoCAD version of the actual drawing portion of the plan in UTM NAD83 co-ordinates is required. The area of each Part shall be identified. 2. Subject to the Minimum Distance Separation calculation being reviewed and found satisfactory to the Ontario Ministry of Agriculture Food & Rural Affairs to allow a new rural residential lot. 3. Subject to payment of Park Levy of $ per new lot created. 4. Subject to payment of Development fee of $ per new lot created. 5. Subject to the successful completion of a Zoning By-law Amendment application rezoning the severed lands, as identified on the above noted Reference Plan, to Rural Residential. 6. Subject to the payment in full of all current and outstanding taxes on the subject property, to the date of Consent. 7. Subject to the Stamping of the new Deed within one year of the giving of written notice of decision of the Committee of Adjustment, per new lot created. 8.2 APPLICATION FILE NO.: B-14/18 OWNER PEARL DAVEY AGENT Anne Negri CIVIC ADDRESS 3474 HICKERSON ROAD LEGAL DESCRIPTION PT LOT 2, CON 4 ROLL NUMBER The application was circulated to the surrounding property owners on or before September 24, 2018 and the signs were posted on the property on September 24, 2018, in accordance with the regulations as set out under the requirements of the Planning Act, R.S.O., 1990, as amended. PURPOSE AND EFFECT: (All dimensions noted below are approximate measurements.) This application is seeking to sever 4.85 ha (12 ac) in an irregular shape as a lot addition to the abutting lands immediately east. The retained property will enjoy Page 6 of 14

7 over 3.64 ha (9 ac) with frontage of m (910 ft) on Hickerson Road. The property is within the Natural Core Area (Oak Ridges Moraine) and Countryside Area (Oak Ridges Moraine) designation of the Township Official Plan and the Oak Ridges Moraine Environmental and Countryside zones with underlying Marginal Agricultural zone provisions, of the Township Zoning By-law. The staff report and recommendation for approval was given, subject to condition. Ms Negri, agent for the applicant, was in attendance and willing to answer questions. Scott Gibbs of 3430 Hickerson Road asked questions for clarification. He asked about the clearing of trees and how many would be removed. He asked about the setback from the lot line and the number of houses permitted on the property. Ms Negri explained that the plan to develop from Mr. Andrews, the owner of the benefitting lot, was submitted to the GRCA. The planned route of the driveway would require the removal of scrub trees but no large trees. The Planning Co-Ordinator confirmed that only one house would be permitted on the property and the minimum setback of 20 m (65.6 ft) is required from the western lot line, which is the unopened road allowance between Lots 2 & 3, Mr. Gibbs property being in Lot 3. Mr. Ernest Sedgwick of 3625 Alnwick Hill Road wished to confirm the answers regarding the removal of trees, the number of houses permitted on the property and the setbacks. There were no other members of the public in attendance wishing to speak to this application. Member Woods asked for clarification regarding the removal of trees on the lands. Ms Negri explained that trees would only be removed for the driveway access and the building envelope and that they would be scrub trees. A plan has been submitted to the Ganaraska Region Conservation Authority (GRCA) for a large replanting undertaking along the south boundary of the severed land to permit a Page 7 of 14

8 wildlife corridor and replace the understory. Chairman Lovshin asked if the planting of trees should be added as a condition of consent. The Planning Co-Ordinator suggested this would be covered in the Natural Heritage Evaluation and governed by the GRCA. Member Jibb spoke to the illegal construction of a house on the benefitting lands and confirmed that another house would not be permitted on the resultant lot unless the existing structure was removed or gutted. He suggested that the decision be deferred until the status/use of the building was confirmed. Ms Negri confirmed that she was only representing the applicant, Mrs. Davey, and had no part in the plans of Mr. Andrews. Member McCourt wished to have the condition regarding the building permit requirements re-read by the Secretary/Treasurer. The applicant shall submit a building permit application package for review or remove said construction. A letter shall be received by the Committee Secretary/Treasurer from the Township Building Department stating their satisfaction with compliance to the Ontario Building Code and the Ontario Building Code Act. Ms Negri stated that regardless of the new structure Mr. Andrews wishes to build, he still wants to purchase the lot addition to have a larger lot. She appreciates that a new house may or may not happen, on the hill or elsewhere. Mr. Andrews must deal with this factor. Member Cane confirmed that the application was for a lot addition only, not for approving the proposed building envelop. Member McCourt and Member Jibb wondered if placing a condition with respect to compliance on the benefitting land was something that could be imposed on the applicant. The Secretary/Treasurer explained that creating a lot that doesn't comply with the zoning by-law was not something that could be done. Further, in response to a comment from an unidentified member of the public; who buys the lot addition land does matter. Page 8 of 14

9 The Chairman recognized the Clerk of the Township, Kate Surerus who spoke to the benefitting parcel being a separately deeded parcel with a current project underway. The Chief Building Official is pursuing this project. The decision of the Committee of Adjustment with respect to the lot addition may impact Mr. Andrews actions with respect to the current project. Ms Negri voiced concern that if Mr. Andrews does not pursue the permit as per the recommended condition then Mrs. Davey would have created a landlocked parcel. The Secretary/Treasurer explained that all conditions must be fulfilled within the 1 year time frame or she would not be permitted by law to stamp the deed. The application will be deemed to have been denied. A landlocked parcel will not be created. The Chairman re-stated a recommendation for deferral to review conditions and obtain more information. Moved by Member McCourt, Seconded by Member Jibb THAT Consent Application B-14/18 to sever 4.85 ha (12 ac) in an irregular shape as a lot addition to the abutting lands immediately east for residential purposes be DEFERRED to permit the applicant opportunity to consult with the proposed purchaser and review the proposed conditions to obtain more information. 8.3 APPLICATION FILE NO.: B-15/18 OWNER PAUL SIMONSEN AGENT Drew Macklin CIVIC ADDRESS V/L Garland Road at Bell Hill Road LEGAL DESCRIPTION PT LOT 30, CON 3 Being Part 2 on RP 39R ROLL NUMBER The application was circulated to the surrounding property owners on or before September 24, 2018 and the signs were posted on the property on September 23, 2018, in accordance with the regulations as set out under the requirements of the Planning Act, R.S.O., 1990, as amended. Page 9 of 14

10 PURPOSE AND EFFECT: (All dimensions noted below are approximate measurements.) This application is seeking to sever 1.14 ha (2.82 ac) with 296 ft of frontage on Garland Road as a new residential lot. This lot was previously created under application B-10/11 but was absorbed back into the abutting farm lot due to a Land Registry Act policy. The retained property will enjoy over ha (40 ac) with frontage of m (2273 ft) on Garland Road. The parent property is within the Rural designation of the Township Official Plan and the Marginal Agricultural zone of the Township Zoning By-law. The proposed severed land has already been zoned Rural Residential. The staff report and recommendation for approval was given, subject to conditions. There were no members of the public in attendance wishing to speak to this application. Member Woods confirmed that anyone building on the property in the future would be required to pay the difference in the Development Charges so as to be up-to-date with the amount imposed at the date of building permit. Chairman Lovshin confirmed that Park Levy was paid in Moved by Member Cane, Seconded by Member Jibb THAT subject to the removal of the condition for payment of Development Charges, Consent Application B-15/18 to sever 1.14 ha (2.82 ac) with 296 ft of frontage as a newly created lot for residential purposes be APPROVED subject to the conditions listed below, and for the following reasons; REASON(S): The application has been reviewed against the following documents: The Planning Act, Section 53 and 51(24); Provincial Policy Statement; Township Official Plan and Zoning By-law. The application is in general conformity with the Provincial Policy Statement and the Township Official Plan; the commenting agencies were in support of the application. IMPACT OF PUBLIC INPUT no input received. CONDITIONS: 1. Subject to the submission of one additional hard copy of RP 39R-13537, legally describing the newly created parcel as Part 1 thereon. (AutoCAD and PDF Page 10 of 14

11 were submitted with respect to the 2016 applications.) 2. Subject to payment of Development Charges of $ per new lot created (being the difference between the current charges and the charges imposed in 2011). 3. Subject to the payment in full of all current and outstanding taxes on the subject property, to the date of Consent. 4. Subject to the Stamping of the new Deed within one year of the giving of written notice of decision of the Committee of Adjustment, per new lot created. 8.4 APPLICATION FILE NO.: B-16 & 17/18 OWNER PATRICIA HUNTER AGENT Rosemarie Anderson CIVIC ADDRESS 1573 Ash Road LEGAL DESCRIPTION PT LOT 8, CON A ROLL NUMBER The application was circulated to the surrounding property owners on or before September 24, 2018 and the signs were posted on the property on September 28, 2018, in accordance with the regulations as set out under the requirements of the Planning Act, R.S.O., 1990, as amended. PURPOSE AND EFFECT: (All dimensions noted below are approximate measurements.) B-16/18 - This application is seeking to sever sqm (2060 sqft) with 3.04 m (10 ft) of frontage on Ash Road as a lot addition to the abutting lands immediately north at 1577 Ash Road to ensure that the well and cistern utilized by the receiving property, and under the shared driveway, is within the appropriate property boundaries. The retained property will enjoy 0.09 ha (0.23 ac) with frontage of m (50 ft) on Ash Road. B-17/18 - This application is seeking to establish legal right-of-way (8.5 wide by 145 deep) over the shared driveway to ensure continued use and unobstructed access to the associated rear yards. The parent property is within the Rural designation of the Township Official Plan and the Rural Residential zone of the Township Zoning By-law. Page 11 of 14

12 The staff report and recommendations for approval of both applications were given, subject to conditions. Mrs. Rosemary Hunter, agent for the applicant, was in attendance and wished to have the conditions clarified for her, specifically regarding the required zoning bylaw amendment in respect of the 2nd accessory dwelling at 1577 Ash Road. It was explained that the Committee of Adjustment cannot speak for the Council that will be hearing the zoning application, but since the uses are already there and there will be no greater impacts when permitting the uses, there is probability that the by-law will be approved. There were no other members of the public in attendance wishing to speak to these applications. Member Cane confirmed that the differences in the areas were due to rounding of the numbers. Moved by Member Woods, Seconded by Member Jibb THAT Consent Application B-16/18 to sever sqm (2060 sqft) with 3.04 m (10 ft) of frontage on Ash Road as a lot addition to the abutting lands immediately north at 1577 Ash Road be APPROVED subject to the conditions listed below, and for the following reasons; REASON(S): The application has been reviewed against the following documents: The Planning Act, Section 53 and 51(24); Provincial Policy Statement; Township Official Plan and Zoning By-law. The application is in general conformity with the Provincial Policy Statement and the Township Official Plan; the commenting agencies were in support of the application; correcting ownership of structures. IMPACT OF PUBLIC INPUT no input received. CONDITIONS: 1. Subject to the submission of 3 hard copies, a PDF copy and an AutoCAD copy of a registered Reference Plan identifying the newly created parcel. The Reference Plan shall be in metric measure, UTM Zone 17. The AutoCAD version of the actual drawing portion of the plan in UTM NAD83 co-ordinates is required. The area of each Part shall be identified. 2. Subject to the submission of a Surveyors Real Property Report of the retained Page 12 of 14

13 and benefitting/receiving lands, illustrating the location of all buildings and structures with respect to all lot lines and the newly created lot line dividing the lands. 3. Subject to the successful completion of a Planning Act application recognizing any offending zone provisions on the retained and/or benefitting/receiving lands, as necessary, as illustrated on the above noted Reference Plan and Surveyors Real Property Report. 4. Subject to an affidavit/letter of undertaking from a solicitor in good standing stating that the severed lands shall be registered in the same name and title as the benefitting/receiving lands, legally described as Part Lot 8, Con. A, with a civic address of 1577 Ash Road, Hamilton Township, under Assessment Roll Number , to effect merging of title. 5. Subject to the consolidation of the PIN numbers for the severed parcel and the benefitting parcel. 6. Subject to the execution of a Severance Agreement and said agreement being registered on the title of the severed/benefitting parcel. A copy of the registered document shall be submitted to the Committee of Adjustment Secretary/Treasurer. 7. Subject to the payment in full of all current and outstanding taxes on the subject properties ( & ), to the date of Consent. 8. Subject to the application of Section 50 (3) or 50 (5), as the case may be, of the Planning Act to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 9. Subject to the stamping of the deed being completed within one year of the giving of written notice of decision of the Committee of Adjustment. 8.5 Moved by Member Jibb, Seconded by Member Woods THAT Consent Application B-17/18 to sever to establish legal right-of-way be APPROVED subject to the conditions listed below, and for the following reasons; REASON(S): The application has been reviewed against the following documents: The Planning Act, Section 53 and 51(24); Provincial Policy Page 13 of 14

14 Statement; Township Official Plan and Zoning By-law. The application is in general conformity with the Provincial Policy Statement and the Township Official Plan; the commenting agencies were in support of the application; will permit the continued use and enjoyment of yards. IMPACT OF PUBLIC INPUT no input received. CONDITIONS: 1. Subject to the submission of 3 hard copies, a PDF copy and an AutoCAD copy of a registered Reference Plan identifying the newly created parcel. The Reference Plan shall be in metric measure, UTM Zone 17. The AutoCAD version of the actual drawing portion of the plan in UTM NAD83 co-ordinates is required. The area of each Part shall be identified. 2. Subject to an undertaking from a solicitor in good standing stating that the necessary amendments to the deeds describing the right-of-way easement for the properties in respect of the easement shall be made forthwith. 3. Subject to the Stamping of the new Deed within one year of the giving of written notice of decision of the Committee of Adjustment, per new lot created. 9. Other Business 9.1 None. 10. Adjournment 10.1 Moved by Member Jibb, Seconded by Member Woods THAT the meeting be adjourned at 3:22 p.m.. Page 14 of 14