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 January 20, 2015 Council Chambers - Municipal Office 7:00 P.M. AGENDA B. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF C. ADOPTION OF MINUTES Page # 1 Committee of Adjustment - December 16, D. ADJOURNED APPLICATIONS "NIL" E. NEW APPLICATIONS Page # 1 1. A (Lipkus) 3197 Crescent Bay Road A (Bullock / Oliver) 4313 Huronia Road A (Powell) 4048 Hampshire Mills Line A (Cummins) 3921 Lavis Lane A (Mugford) 3285 Muskoka Street A (Boyd) 1436 Jeremey Road F. REPORTS FROM OFFICIALS "NIL" G. CORRESPONDENCE "NIL" H. OTHER BUSINESS "NIL"

2 J. ADJOURNMENT

3 C-1 MINUTES OF THE MEETING OF THE COMMITTEE OF ADJUSTMENT HELD IN THE ADMINISTRATION OFFICE, 1024 HURLWOOD LANE, TUESDAY, DECEMBER 16, 2014 AT 7:00 P.M. Present: Chair Mark Vandergeest Members Staff: Director of Planning Secretary/Treasurer, Planner GIS Assistant Douglas Hamilton John Ferguson 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 NONE C. ADOPTION OF MINUTES The following motion was adopted: Motion # MOVED by Douglas Hamilton and SECONDED by John Ferguson THAT the Minutes of the Committee of Adjustment meeting held in the Council Chambers on October 21, 2014 be adopted as printed and distributed. CARRIED Chair Vandergeest wished to express thanks on behalf of the committee to Secretary/Treasurer and Planner Katie Mandeville, Director of Planning Andrew Fyfe and GIS Assistant Lauren Millar for running and organizing the meetings this year. Chair Vandergeest also wanted to recognize the retiring committee members, Ronald Peters and John Ferguson, and thank them for their contributions, and for sharing their abundant knowledge of the township with the other members. D. ADJOURNED APPLICATIONS 1. Consent Application No.: B (Kenning) Applicant: Michael Kenning Roll Number: Page 1 of 25 COA Minutes December 16, 2014 Page 1 of 66

4 Municipal Address: 1251 Dunns Line The Secretary/Treasurer of the Committee of Adjustment outlined the application and outlined the correspondence received, as follows: Proposal: The subject property is legally described as Part of Lot 22, Concession 14, municipally known as 1251 Dunns Line. The subject lands have frontage of approximately metres (2,200 ft.) on Dunns Line and an area of approximately 40.5 ha (100 acres). The applicant originally requesting consent to sever a portion of the property having frontage of approximately metres (1,400 ft.) on Dunns Line and area of approximately 34.4 ha (85 acres) to add to an adjacent property at 1449 Upper Big Chute Road for a farm consolidation. The retained lands would have a frontage of approximately m (800 ft.) on Dunns Line and area of approximately 6.1 ha (15 acres). This application was adjourned at the July 15, 2014 Committee of Adjustment meeting and again at both the August 19 th and September 16 th, 2014 meetings. County and Township staff met the applicant and potential future property owner on site and discussed options which may satisfy the Provincial, County and Township planning policies and work for the prospective farm purchaser and applicant. After much discussion with all the parties, staff have proposed an alternative. Staff believe a revised severance size of approximately ha (5.1 acres) with 110 metres (360 ft.) of frontage on Dunns Line is appropriate and satisfies the planning policy framework. Agency Comments: The Secretary/Treasurer advised that there were no new comments for this meeting, previous comments were read and submitted for the application at previous meetings. Public Correspondence: None Staff Report D14-040: 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 explained the back and forth over portions of land to sever. The applicant asked about the concrete foundation behind the existing outbuildings and that he had been discussing rebuilding this structure with the Chief Building Official. 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 Page 2 of 25 COA Minutes December 16, 2014 Page 2 of 66

5 comments were as follows: Member Ferguson stated he was in favour of the revised proposal Chair Vandergeest inquired on if there should be a condition added to the severance regarding decommissioning of existing out buildings. The Director of Planning advised that this condition is only recommended if the agricultural operation was home to livestock and would no longer be permitted livestock under MDS calculations. Chair Vandergeest clarified that the committee was voting on the revised proposal. 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 Consent B (Kenning) THE PURPOSE and EFFECT of the application is: Consent to sever a portion of the property having frontage of approximately 560 metres (1,837 ft.) on Dunns Line and area of approximately ha (94.9 acres) for a farm consolidation. The retained lands would have a frontage of approximately 110 metres (360 ft.) on Dunns Line and area of approximately ha (5.1 acres). The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. A reference plan of the severed parcel shall be prepared and duly registered by an Ontario Land Surveyor and one copy filed with the Secretary/Treasurer of the Committee. 2. A copy of the electronic registration in preparation draft deed for the severed lot shall be provided to the Secretary/Treasurer of the Committee together with a signed Acknowledgement and Direction so that the consent certificate may be issued. 3. That the retained lands shall be rezoned by way of a Zoning By-law Amendment, at the applicant s expense so as to: place the severed lands into a zone to restrict the uses of the property to farm and prohibit a dwelling. place the retained lands in an appropriate zone which reflects the lot area and future use of the lands. 4. The Conditions set out herein shall be completed within one year of the date of this Decision. Page 3 of 25 COA Minutes December 16, 2014 Page 3 of 66

6 THE REASONS for the Committee s Decision are that the proposed consent is in keeping with the Township s Official Plan and Zoning By-law, is consistent with the 2014 Provincial Policy Statement, will provide for the orderly development of the Township and does not fall under the exclusive consideration of Section 51 of the Act. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED E. NEW APPLICATIONS 1. Variance Application No.: A Applicant: Patrick Fobert Roll Number: Municipal Address: 3930 Darling Island Rd. The Secretary/Treasurer of the Committee of Adjustment outlined the application and outlined the correspondence received, as follows: Proposal: The approximately 1.3 acre property located at 3930 Darling Island Road in the geographic Township of Tay is currently vacant with the exception of a small accessory structure and boatport. The boatport was constructed with Minor Variance A-08-14, and a condition of the variance was a requirement to build a dwelling within two years. The applicant would like permission to construct a dwelling with the front porch encroaching into the front yard setback The following variances are requested in order to permit the construction of the new dwelling: 1. A variance to permit an unenclosed porch and steps with a height of 3.3 metres (10.7 ft.) to project 3.5 metres (11.4 ft.) into the required front yard whereas Section of Zoning By-law states that unenclosed porches and steps may project into any required front yard a maximum distance of 3.5 metres, as long as the structures are not more than 2.0 metres above finished grade. 2. A variance to permit a maximum dwelling height of 9.5 metres (31.2 ft.) whereas Zoning By-law , Section 6 states that the maximum height for the SR3 Zone is 9 metres. Agency Comments: None Public Correspondence: None Staff Report D14-047: 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 Page 4 of 25 COA Minutes December 16, 2014 Page 4 of 66

7 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: Chair Vandergeest stated that he appreciates the plan put forward and the follow through from the previous variance. 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 (Fobert) 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 an unenclosed porch and steps with a height of 3.3 metres (10.7 ft.) to project 3.5 metres (11.4 ft.) into the required front yard whereas Section of Zoning By-law states that unenclosed porches and steps may project into any required front yard a maximum distance of 3.5 metres, as long as the structures are not more than 2.0 metres above finished grade. 2. A variance to permit a maximum dwelling height of 9.5 metres (31.2 ft.) whereas Zoning By-law , Section 6 states that the maximum height for the SR3 Zone is 9 metres. The following variances are needed in order to permit the construction of a new dwelling. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: 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 Page 5 of 25 COA Minutes December 16, 2014 Page 5 of 66

8 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 Applicant: Debra Cameron Agent: Wayne Turner Roll Number: Municipal Address: 3840 Elva Lane The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 0.53 acre property located at 3840 Elva Lane in the geographic Township of Matchedash is occupied by a dwelling, accessory structure and docking. The applicant would like to replace the non-complying docking facilities exactly as the structures exist today in terms of size and setbacks The following variances are requested in order to permit the construction of the replacement docking: 1. A variance to permit a maximum dock envelope of approximately 8.2 metres (27 ft.) by 11 metres (36 ft.) whereas Zoning By-law , Section c) states that docking facilities must fit within a 8.0 metre by 10.0 metre envelope adjacent to the shore. 2. A variance to permit docking with a projected setback of 1.3 metres (4.3 ft.) whereas Zoning By-law , Section b) states be setback a minimum of 4.5 metres from the straight line projection of the lot line into the water from the shoreline. Agency Comments: None Public Correspondence: None Staff Report D14-048: 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. Page 6 of 25 COA Minutes December 16, 2014 Page 6 of 66

9 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 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 (Cameron) 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 maximum dock envelope of approximately 8.2 metres (27 ft.) by 11 metres (36 ft.) whereas Zoning By-law , Section c) states that docking facilities must fit within a 8.0 metre by 10.0 metre envelope adjacent to the shore. 2. A variance to permit docking with a projected setback of 1.3 metres (4.3 ft.) whereas Zoning By-law , Section b) states be setback a minimum of 4.5 metres from the straight line projection of the lot line into the water from the shoreline. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December 2014: 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 3. Variance Application No.: A Applicant: John Robinson Roll Number: Page 7 of 25 COA Minutes December 16, 2014 Page 7 of 66

10 Municipal Address: 3583 Riverdale Drive The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 0.23 acre property located at 3583 Riverdale Drive in the geographic Township of North Orillia supports an existing single detached dwelling with an attached deck and a septic. The owners wish to construct an addition onto the side of the existing non-complying dwelling. The home is located 1.52 meters (5 ft.) from one interior lot line and the addition, which will contain a garage with living space above is proposed to be built on the other side of the dwelling. The following variance is requested in order to permit the construction of the new addition: 1. A variance to permit an interior (side) yard setback of 1.57 metres (5.16 ft.) whereas Zoning By-law states that the minimum interior yard setback for the Shoreline Residential Two (SR2) Zone is 3 metres (9.8 ft.). Agency Comments: None Public Correspondence: None Staff Report D14-049: 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 commented that ties to the lot line on the extension should be measured at a 90 degree angle. 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 THE PURPOSE and EFFECT of the application is: Page 8 of 25 COA Minutes December 16, 2014 Page 8 of 66

11 To request the following variances to the provisions of Zoning By-law : 1. A variance to permit an interior (side) yard setback of 1.57 metres (5.16 ft.) whereas Zoning By-law states that the minimum interior yard setback for the Shoreline Residential Two (SR2) Zone is 3 metres (9.8 ft.). The following variance is requested in order to permit the construction of the new addition. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16 th day of December 2014: 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 4. Variance Application No.: A Applicant: Robert Stevenson Agent: Wayne Turner Roll Number: Municipal Address: 1425 Gloucester Pool The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 1.6 acre property located at 1425 Gloucester Pool, accessible via an unnamed private lane off of Little Chute Landing, in the geographic Township of Matchedash is currently occupied with a dwelling and small accessory structure in addition to the existing docking. The applicant would like to construct a new access ramp in order to achieve adequate water depth for a new boatport. The following variances are requested in order to permit the construction of the new access ramp and the new boatport: Page 9 of 25 COA Minutes December 16, 2014 Page 9 of 66

12 1. A variance to permit an access ramp to be 14 metres (46 feet) long whereas Zoning By-law , Section f) states the boatport shall fit within an 8.0 m by 10.0 m rectangular area or envelope adjacent to the shore. Agency Comments: None Public Correspondence: None Staff Report D14-050: 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 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 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 (Stevenson) 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 an access ramp to be 14 metres (46 feet) long whereas Zoning By-law , Section f) states the boatport shall fit within an 8.0 m by 10.0 m rectangular area or envelope adjacent to the shore. The following variances are requested in order to permit the construction of the new access ramp. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December 2014: 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 Page 10 of 25 COA Minutes December 16, 2014 Page 10 of 66

13 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: John and Teresa Rodrigues Roll Number: Municipal Address: 4215 Smith Lane The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 1 acre property located at 4215 Smith Lane currently supports an existing single detached dwelling, a boathouse and numerous other accessory structures. The owner wishes to construct a new square metres (1,440 sq. ft.) dwelling to replace the existing 69 square metres (750 sq. ft.) seasonal residence. The existing residence is located approximately 7.6 meters (25 feet) from the water at the closest point. The following variance is requested in order to permit the construction of the new accessory structure to replace the existing dwelling: 1. A variance to permit a front yard setback of 7.6 metres (25 feet), whereas Zoning By-law , Table 6.2 states the front yard setback is 20 metres for the Shoreline Residential Three Zone. Agency Comments: None Public Correspondence: An was received, Tuesday December 16 th 2014, from Dave and Nancy Carefoote, 4217 Smith Lane, in support of the request for minor variance. Staff Report D14-053: 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. Page 11 of 25 COA Minutes December 16, 2014 Page 11 of 66

14 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: Chair Vandergeest reminded the applicant to obtain a demolition permit before starting applying to reconstruct the dwelling. The applicant stated that he already had a demolition permit. As there was no further discussion, 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 (Rodrigues) 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 7.6 metres (25 feet), whereas Zoning By-law , Table 6.2 states the front yard setback is 20 metres for the Shoreline Residential Three Zone. The following variances are requested in order to permit the construction of the new home to replace the existing dwelling. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: 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 Page 12 of 25 COA Minutes December 16, 2014 Page 12 of 66

15 6. Variance Application No.: A Applicant: Rusty and Kelly Hastings Agent: DTS and Associates Roll Number: Municipal Address: 4368 Marr Lane The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The 0.77 acre property located at 4368 Marr Lane in the geographic Township of Matchedash supports an existing single detached dwelling as seen on the site plan in addition to three small accessory structures. The owner wishes to construct a new boatport to replace the existing docking facilities on the property. The existing dock is a U shape that fits within a 24 feet by 28 feet envelope, the fingers of the dock are 6 feet in width. The proposed docking to support the boatport fits within a 26 feet by 29 feet envelope with fingers which are 5 and 5.5 feet in width. The following variance is requested in order to permit the construction of the new boatport: 1. A variance to permit a 5.9 metre (19.25 ft.) in width boat port (excluding docking) whereas Zoning By-law states that a boat port is restricted to a maximum of 5.5 metres (18 ft.) in width for a property with 30.0 metres 60.0 metres of frontage. Agency Comments: None Public Correspondence: None Staff Report D14-054: 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: 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. Page 13 of 25 COA Minutes December 16, 2014 Page 13 of 66

16 DECISION APPROVE Variance Application A (Hastings) 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 5.9 metre (19.25 ft.) in width boat port (excluding docking) whereas Zoning By-law states that a boat port is restricted to a maximum of 5.5 metres (18 ft.) in width for a property with 30.0 metres 60.0 metres of frontage. The following variance is requested in order to permit the construction of the new boatport. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: 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 7. Variance Application No.: A Applicant: William Currie Agent: A & A Services Roll Number: Municipal Address: 3900 Darling Island Road The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The approximately 1.28 acre property located at 3900 Darling Island Road in the geographic Township of Tay is occupied by an existing single storey detached dwelling, boathouse and a detached garage The following variance is requested in order to permit the construction of the Page 14 of 25 COA Minutes December 16, 2014 Page 14 of 66

17 sleeping cabin: 1. A variance to permit a sleeping cabin with a maximum gross floor area of 36.3 square metres (391 sq. 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.). Agency Comments: None Public Correspondence: None Staff Report D14-055: 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 if septic issue raised by the Building Department should be a condition. The Secretary/Treasurer responded that it should be a condition for the building permit so it is not needed for the variance. 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 (Currie) 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 36.3 square metres (391 sq. 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.). The following variance is requested in order to permit the construction of the new sleeping cabin. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: Page 15 of 25 COA Minutes December 16, 2014 Page 15 of 66

18 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 8. Consent Application No.: B and B Applicant: Nancy Wiley and Carol Kelly Roll Number: Municipal Address: 1277 and 1281 Anderson Line The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The subject lands have frontage of approximately 615 metres (2,017.7 ft.) on Anderson Line and an area of approximately 34.4 ha (85 acres). The applicants are requesting to sever two surplus farm dwellings from the property. Under application B the request for consent is to sever a portion of the property consisting of a surplus farm dwelling, having frontage of approximately 47 metres (154 ft.) on Anderson Line and an area of approximately 0.58 ha (1.4 acres). Application B is a request for consent to sever a portion of the property having frontage of approximately 75 metres (246ft.) on Anderson Line and area of approximately 0.6 ha (1.5 acres). The retained lands, should both applications be permitted by the Committee would have a frontage of approximately 480 metres (1,575 ft.) on Anderson Line and an area of approximately hectares (82.06 acres). The retained lands will be part of a farm consolidation with 1332 Dunns Line. Agency Comments: None Public Correspondence: County of Simcoe provided comments for both applications which the Secretary/Treasurer summarized for the Committee and members of the public. The Page 16 of 25 COA Minutes December 16, 2014 Page 16 of 66

19 County did not object to the applications and supported staffs recommended condition for the rezoning application. Staff Report D14-051: 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 applicants were 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 Ferguson inquired about the possibility of creating an infilling lot between one of the proposed lot and neighbouring property. The Planner explained that an infilling lot would not be permitted due to the current Official Plan policies and the restrictive zoning to prohibit development. Chair Vandergeest stated that this is a unique situation with two dwellings and there are significant financial gains as a result of these applications. Member Vandergeest asked if there was any way to collect parkland from the creation of these lots. The Director of Planning stated that there was no ability, as we are not creating new development, the number of dwellings stays the same. Chair Vandergeest asked if farm land is considered commercial? The Director of Planning stated that it is not considered commercial in terms of parkland. Member Vandergeest asked the reason for the triangular division of land? The Director of Planning stated that the unusual shape of the proposed severance is to allow for the maximum amount of worked farm land to be included with the farming operation and the un-used lands to be with the dwelling to allow for area for a replacement septic system and well. Member Ferguson commented that part of Medonte drain #2 could be subject to maintenance costs. Chair Vandergeest suggested the applicants inquire with the health unit and MOE about obligations for a shared well. 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 Secretary/Treasurer advised the Committee that there are two separate decisions and the Committee should vote separately on them. The Chair then called for a vote on each of the applications. DECISION APPROVE Variance Application B (Wyley & Kelly) THE PURPOSE and EFFECT of the application is: Page 17 of 25 COA Minutes December 16, 2014 Page 17 of 66

20 Consent to sever a portion of the property having frontage of approximately 47 metres (154 ft.) on Anderson Line and area of approximately 0.58 ha (1.4 acres). The retained lands (should application B be approved) would have a frontage of approximately 480 metres (1,575 ft.) on Anderson Line and an area of approximately hectares (82.06 acres). The retained lands will be part of a farm consolidation. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the severed lands shall be rezoned to a site specific Rural Residential (RR) Zone, at the owners expense, in order to recognize the reduced lot frontage and intended use of the lands. The retained lands shall also be rezoned to a site specific Agricultural (AG) Zone to prohibit residential development of the cultivated lands. The owner shall make an Application for Zoning By-law Amendment and pay the applicable fee and deposit, if required. 2. A reference plan of the severed parcel shall be prepared and duly registered by an Ontario Land Surveyor and one copy filed with the Secretary/Treasurer of the Committee. 3. A copy of the electronic registration in preparation draft deed for the severed lot shall be provided to the Secretary/Treasurer of the Committee together with a signed Acknowledgement and Direction so that the consent certificate may be issued. 4. Municipal taxes shall be paid in full up to the date of request of issuance of the consent certificate. 5. That all fees and disbursements (legal, engineering, planning), if any, incurred by the Township with respect to this application shall be paid for by the owner. 6. The Conditions set out herein shall be completed within one year of the date of this Decision. THE REASONS for the Committee s Decision are that the proposed consent is in keeping with the Township s Official Plan and Zoning By-law, is consistent with the 2014 Provincial Policy Statement, will provide for the orderly development of the Township and does not fall under the exclusive consideration of Section 51 of the Act. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED DECISION APPROVE Variance Application B (Wyley & Kelly) THE PURPOSE and EFFECT of the application is: Page 18 of 25 COA Minutes December 16, 2014 Page 18 of 66

21 Consent to sever a portion of the property having frontage of approximately 75 metres (246ft.) on Anderson Line and area of approximately 0.6 ha (1.5 acres). The retained lands (should application B be approved) would have a frontage of approximately 480 metres (1,575 ft.) on Anderson Line and an area of approximately hectares (82.06 acres). The retained lands will be part of a farm consolidation. The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the severed lands shall be rezoned to a site specific Rural Residential (RR) Zone, at the owners expense, in order to recognize the reduced lot frontage and intended use of the lands. The retained lands shall also be rezoned to a site specific Agricultural (AG) Zone to prohibit residential development of the cultivated lands. The owner shall make an Application for Zoning By-law Amendment and pay the applicable fee and deposit, if required. 2. A reference plan of the severed parcel shall be prepared and duly registered by an Ontario Land Surveyor and one copy filed with the Secretary/Treasurer of the Committee. 3. A copy of the electronic registration in preparation draft deed for the severed lot shall be provided to the Secretary/Treasurer of the Committee together with a signed Acknowledgement and Direction so that the consent certificate may be issued. 4. Municipal taxes shall be paid in full up to the date of request of issuance of the consent certificate. 5. That all fees and disbursements (legal, engineering, planning), if any, incurred by the Township with respect to this application shall be paid for by the owner. 6. The Conditions set out herein shall be completed within one year of the date of this Decision. THE REASONS for the Committee s Decision are that the proposed consent is in keeping with the Township s Official Plan and Zoning By-law, is consistent with the 2014 Provincial Policy Statement, will provide for the orderly development of the Township and does not fall under the exclusive consideration of Section 51 of the Act. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 9. Consent Application No.: B Applicant: Tom Taylor Roll Number: Municipal Address: 2748 Upper Big Chute Road Page 19 of 25 COA Minutes December 16, 2014 Page 19 of 66

22 The Secretary/Treasurer of the Committee of Adjustment outlined the application(s) and the correspondence received, as follows: Proposal: The subject lands located at Concession 2, South Part Lot 7, geographic Township of Matchedash, have frontage of approximately: 230 metres (754.5 ft.) on Irish Line, 1,158 metres (3799 ft.) on Upper Big Chute Road, 184 metres (603.7 ft.) on Taylor Line and an area of approximately ha (92.3 acres). The property is split into two legal parcels by a rail line; the parcel to which this application applies contains accessory structures with the main dwelling and farm buildings on the other parcel. The applicant is requesting consent to sever a portion of the property having no road frontage and an area of approximately 0.05 ha (0.13 acres). The severed lands will be added to 2856 Upper Big Chute Road to correct an existing lot line encroachment. The retained lands would have the frontages listed above and area of approximately 37.3 ha (92.17 acres). Agency Comments: None Public Correspondence: None Staff Report D14-052: 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: 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 agent confirmed this. The Chair then called for a vote on the application. DECISION APPROVE Variance Application B-19-14(Taylor) THE PURPOSE and EFFECT of the application is: Consent to sever a portion of the property having no road frontage and an area of approximately 0.05 ha (0.13 acres) to be added to 2856 Upper Big Chute Road as a lot addition. Page 20 of 25 COA Minutes December 16, 2014 Page 20 of 66

23 The retained lands would have the frontage of approximately: 230 metres (754.5 ft.) on Irish Line, 1,158 metres (3799 ft.) on Upper Big Chute Road, 184 metres (603.7 ft.) on Taylor Line and area of approximately 37.3 ha (92.17 acres). The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. A reference plan of the severed parcel shall be prepared and duly registered by an Ontario Land Surveyor and one copy filed with the Secretary/Treasurer of the Committee. A draft copy of the reference plan shall be provided to the Secretary- Treasurer for review and approval prior to registration on title. 2. A copy of the electronic registration in preparation draft deed for the severed lot shall be provided to the Secretary/Treasurer of the Committee together with a signed Acknowledgement and Direction so that the consent certificate may be issued. 3. Municipal taxes shall be paid in full up to the date of request of issuance of the consent certificate. 4. That the severed lands shall merge with the property municipally known as 2856 Upper Big Chute Road. The owners solicitor shall take all necessary steps to ensure that the parcels merge under the Planning Act. 5. That the owners solicitor shall provide an undertaking to register an Application to Consolidate Parcels in order to merge the severed lands with the adjoining lands and to provide the Township with a copy of the registered Application within three months of the date of registration of the Transfer of the severed lot. THE REASONS for the Committee s Decision are that the proposed consent is in keeping with the Township s Official Plan and Zoning By-law, is consistent with the 2005 Provincial Policy Statement, will provide for the orderly development of the Township and does not fall under the exclusive consideration of Section 51 of the Act. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED 10. Consent Application No.: B Applicant: Mark and Marnie 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: Page 21 of 25 COA Minutes December 16, 2014 Page 21 of 66

24 Proposal: The approximately 4.04 ha (10 acres) property located at 4048 Hampshire Mills Line, being East Part Lot 1, Concession 6, geographic Township of North Orillia has metres (634 ft.) of frontage on Hampshire Mills Line. The largely treed property contains a residential dwelling. The owner is requesting consent 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 would then have frontage of approximately 163 metres (535 ft.) and an area of approximately 3.78 hectares ha (9.34 acres). Agency Comments: None Public Correspondence: None Staff Report D14-056: 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. William McCrimmon and Ann MacDiarmid from 4086 Hampshire Mills Line stated they were both in favour of the application since they are the owners of the adjacent property benefiting from the added lands. As no more 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 Ferguson inquired about a former proposed industrial park in the area. Director of planning explained that Stewart Construction has put a road in and the lands are zoned industrial, and that the consent would not affect the industrial uses on the land in the future. 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 B (Powell) Page 22 of 25 COA Minutes December 16, 2014 Page 22 of 66

25 THE PURPOSE and EFFECT of the application is: Consent 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 would then have frontage of approximately 163 metres (535 ft.) and an area of approximately 3.78 hectares ha (9.34 acres). The Committee has considered the Application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. A reference plan of the severed parcel shall be prepared and duly registered by an Ontario Land Surveyor and one copy filed with the Secretary/Treasurer of the Committee. A draft copy of the reference plan shall be provided to the Secretary- Treasurer for review and approval prior to registration on title. 2. A copy of the electronic registration in preparation draft deed for the severed lot shall be provided to the Secretary/Treasurer of the Committee together with a signed Acknowledgement and Direction so that the consent certificate may be issued. 3. Municipal taxes shall be paid in full up to the date of request of issuance of the consent certificate. 4. The owners shall apply for a minor variance to reflect the deficient lot area of the retained lands, 4048 Hampshire Mills Line. 5. That the severed lands shall merge with the property municipally known as 4086 Hampshire Mills Line. The owners solicitor shall take all necessary steps to ensure that the parcels merge under the Planning Act. 6. That the owners solicitor shall provide an undertaking to register an Application to Consolidate Parcels in order to merge the severed lands with the adjoining lands and to provide the Township with a copy of the registered Application within three months of the date of registration of the Transfer of the severed lot. THE REASONS for the Committee s Decision are that the proposed consent is in keeping with the Township s Official Plan and Zoning By-law, is consistent with the 2014 Provincial Policy Statement, will provide for the orderly development of the Township and does not fall under the exclusive consideration of Section 51 of the Act. 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 Page 23 of 25 COA Minutes December 16, 2014 Page 23 of 66

26 1. Request to Amend Conditions of: Consent Application No.: B Applicant: Edward and Mary Chmiel Agent: Lisa Welch Madden Law Firm Roll Number: Municipal Address: 1720 Earl Haid Avenue The Secretary/Treasurer of the Committee of Adjustment outlined the correspondence from Lisa Welch Madden, requesting an amendment to the conditions of provisionally approved consent application B in order to allow more time for the property owners to satisfy the conditions. Agency Comments: None Public Correspondence: None Staff Report D14-058: The Director of Planning provided a brief summary of the staff report. The Chair stated that this is request is not subject to a publis meeting but noted that the property owners were in attendance. 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 applicants were asked if they were aware of the proposed amended condition and were in agreement with them. The applicant confirmed this. The Chair then called for a vote on the request to amend the conditions using the conditions recommended by staff. DECISION APPROVE Consent Application B THE PURPOSE and EFFECT of the application is: Committee of Adjustment agrees to amend the original conditions of the provisionally approved consent application by: Replacing condition number four (4) with the following: 4. The Owner shall enter into a License Agreement with the Municipality which provides for: i) a one year term ii) indemnification of the Municipality iii) removal of the holding tank at the applicant's expense upon construction of the new system or expiry of the license, whichever comes first. Page 24 of 25 COA Minutes December 16, 2014 Page 24 of 66

27 iv) all expenses to be the responsibility of the applicants v) the posting of securities for the removal of the tank in the amount of $2,500. The Committee has considered the amendment application and, based upon the evidence provided, issues the following Decision on the 16th day of December, 2014: DECISION: PROVISIONALLY APPROVED SUBJECT TO THE FOLLOWING CONDITION: 1. All other conditions under B remain. THE REASONS for the Committee s Decision are that the proposed amendment to conditions of the provisionally approved consent is in keeping with the Township s Official Plan, is consistent with the 2014 Provincial Policy Statement and the Planning Act, as amended. AND the Secretary-Treasurer is hereby authorized to sign any documents required to give effect to this Decision. CARRIED G. OTHER BUSINESS NONE H. ADJOURNMENT The following motion was adopted: Motion # MOVED by Ronald Peters and SECONDED by John Ferguson THAT the Committee of Adjustment meeting be adjourned at 8:30 p.m. on December 16 th, The Committee will reconvene at 7:00 p.m. on January 20, 2015 unless the Secretary/Treasurer has not received a complete application for the Committee s consideration. CARRIED Katie Mandeville, Secretary/Treasurer Page 25 of 25 COA Minutes December 16, 2014 Page 25 of 66

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29 D-1 REPORT D15-OO1 TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner DATE: January 14,2015 RE: Application for Minor Variance A Applicant: Barry Lipkus Address: 3197 Crescent Bay Road Background: County Official Plan: Township Official Plan: Township Zoning: Rural Shoreline Residential Shoreline Residential Two (SR2) The subject property is located at 3197 Crescent Bay Road in the geographic Township of North Orillia (Appendix 1). The approximately 0.11 hectare (0.29 acres) property 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 as seen on the site plan attached as Appendix 2. 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). The property was site inspected by planning and 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 27 of 66

30 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 Area as stated in Section C7. I of the Township s 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 an addition and attached deck to an existing structure which will not significantly impact the natural features and functions of the shoreline of the area as the property has been developed with the existing structure, at the existing setback for over 50 years. The deck will be low in profile, less than one metre above the average finished grade, which will assist in keeping with the predominately low density residential character of the area. Is the general intent and purpose of the Zoning By-law maintained? The proposai appears to comply with all Zoning By-Jaw requirements with the exception of the requested variance. The property currently has a non-complying dwelling as the home is located closer than the current by-law permits to the water, with a front yard setback of 13.7 metres. If the current dwelling was located 20 metres from the water, the owners would be permitted to encroach into the front yard setback with a deck by 3.5 metres. Given the long established non-complying dwelling setback from the water the requested variance maintains the general intent and purpose of the Zoning By-law. Is it minor? In the opinion of the Planning Department the requested variance is minor in nature. The property is already developed with a single family dwelling as well as a garage. The requested variance is to slightly decrease the front yard setback by 3 metres to permit a deck, less than 3 metres off the ground, on the front of the dwelling. Is it desirable for the approphate development or use of the land? The proposed addition and renovation is considered to be appropriate and desirable development of the land as the property is already development with a residential use. The updating and expansion of existing cottage type seasonal dwellings to create more comfortable residences is a common trend, particularly along the waterfront within the Township. Other Considerations: The Building Department has provided the following comment: Minor Variance. No objection to the Page 28 of 66

31 Recommendation: The Planning Department has no objections to the approval of this application, subject to the recommended conditions set out in Appendix 3, because the variance is believed to be minor in nature, is 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. Respectfully sub iffed, With the conourrence ol) Katie Mandeville, BA, BURPI Andrew Fyfe, M.A. Planner Director of Planning evelopment / / // / Page 29 of 66

32 ) LI $ / I -- i t (V. X!pUGddV Page 30 of 66

33 Appendix 2 C \U N I a 0 A a V. V SO I C Page 31 of 66

34 RECOMMENDED CONDITIONS Appendix 3 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 32 of 66

35 D-2 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Andrew Fyfe Director of Planning & Development DATE: January 14, 2015 RE: Application for Minor Variance A Applicant: Scott Oliver on behalf of the Estate of Russell Bullock Address: 4313 Huronia Road Background: County Official Plan: Township Official Plan: Township Zoning: Rural and Agricultural Shoreline Residential Residential One (Ri) The subject property is located at 4313 Huronia Road, Lot 12, Plan 1027, geographic Township of North Orillia, (Appendix I). The approximately 0.19 hectare (0.5 acre) has 30 metres (100 ft.) of frontage is located in a strip of existing homes along the eastern side of Huronia Road (Appendix 2). 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 one-bedroom 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. 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. Page 33 of 66

36 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 4319 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 property was subject to a site inspection by planning and 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. 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 Area as stated in Section C7.1 of the Township s Official Plan are as follows: C7. I 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. As the property has historically been used for this purpose, no external additions are proposed and it is in an area of similar buildings and uses, the proposed variance does not impair the achievement of the above objectives. In terms of non-conforming uses under the zoning by-law, Section G3 of the Official Plan provides direction regarding the consideration of a proposal to enlarge, repair or renovate. This proposal represents a renovation which increased the number of units and is to be considered on the basis of whether it: a) further increase a situation of non-compliance b) complies with all other provisions of the Plan and the zoning By-law c) does not increase the floor area in a required yard or setback d) do doesn t pose a threat to public health or safety. With regard to the above: a) the non-compliance relates to the multi-unit use which is not being changed b) no changes to the exterior structure are involved, therefore no other provisions of the Plan or By-law are affected. Page 34 of 66

37 c) There is no change in floor area d) The septic system was previously approved for more units and is appropriately sized to accommodate the new configuration. Is the general intent and purpose of the Zoning By-law maintained? As the exterior of the building will be unchanged and the requested variance simply recognises a long-standing reconfiguration of the internal lay-out of the building, the intent and purpose of the By-law is being maintained. Is it minor? In the opinion of the Planning Department the requested variance is minor in nature as it recognizes the historical use of the building and will have no impact on the appearance of the building or its impact on its neighbours. Is it desirable for the appropriate development or use of the land? The use of this property and its neighbours is atypical of what one would expect to find in a Shoreline Residential area, but its location is also considerably removed from the shoreline area. There is no indication that any of the properties along Huronia Road are used seasonally or as recreational residences. Presumably that is why the area is zoned Residential One (Ri) and is not in a Shoreline Residential category. The requested variance simply recognizes an existing situation and will not alter the character of the area is therefore desirable and appropriate development of the land. Other Considerations: The Building Department has provided the following comment: proposed Minor Variance. No objection to the The Fire Department advised that they have not done an inspection on this property since 2010 and would like to re-inspect the five units. 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 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. / Fyfe, M.A. Director of Planning & Develgpment Page 35 of 66

38 Appendix I a 9 r. Page 36 of 66

39 Appendix 2 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 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. Page 37 of 66

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41 D-3 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner DATE: January14, 2015 RE: Application for Minor Variance A Applicant: Mark & Marine Powell Address: 4048 Hampshire Mills Line Background: County Official Plan: Township Official Plan: Township Zoning: Special Policy Area, South of Division Road Secondary Plan Industrial, South of Division Road Secondary Plan Rural The subject property is located at 4048 Hampshire Mills Line, being East Part Lot 1, Concession 6, geographic Township of North Odllia (Appendix I). The property is approximately 4.04 hectares (10 acres) in size with metres (634 ft.) of frontage on Hampshire Mills Line. 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). A sketch of the provisionally approved lot addition is attached as Appendix 2. Planning and Development staff site inspected the property prior to the writing of this report. Page 39 of 66

42 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 Industrial under the South of Division Road Secondary Plan within the Township s Official Plan. The policies of the secondary plan are intended to be read in conjunction with the OP policies, the designation on the property does make this residential use an existing non-conforming use. As this application is needed to fulfil a condition of provisionally approved severance B-23-14, for a lot line adjustment between two existing residential properties and the current zone from the implementing zoning by-law is Rural (RU), Planning Staff believe the general intent and purpose of the Official Plan is maintained. Is the general intent and purpose of the Zoning By-law maintained? The subject property, 4048 Hampshire Mills Line, as well as the property which will be benefiting from the lot addition, 4086 Hampshire Mills Line, are located within the Rural (RU) Zone. The requirement for Minimum Lot Area for lots in the RU Zone is 10 hectares (24.7 acres) and the requirement for Minimum Lot Frontage is 60 metres ( feet). The subject properties, 4048 & 4086 Hampshire Mills Line are currently existing non-complying lots according to Section 3.19 of Zoning By-law , meaning they have less lot area than the current by-law specifications. Allowing for more property to be added to an existing undersized lot, from another undersized lot which is larger in size will meet the general intent and purpose of the Zoning By-law. Is it minor? In the opinion of the planning department the requested variance is minor in nature because the existing area of both properties is undersized; however the residence that will gain land is substantially smaller than the one giving up the land. Is it desirable for the appropriate development or use of the land? Both properties, 4048 and 4086 Hampshire Mills Line are currently developed with residential dwellings so moving the lot line between the two homes will not noticeably impact the area. Furthermore should the owners of 4086 Hampshire Mills Line wish to expand their home or build an accessory structure in the future the adding of property to their land will allow for the provisions of the Zoning By-law to be more easily followed. Other Considerations: The Building Department stated they have no object to the proposed variance. Page 40 of 66

43 Recommendation: The Planning Department has no objections to the approval of this application, subject to the recommended conditions set out in Appendix 3, 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 su mitted, With the concurrence of, K Katie Mandeville, BA, BURPI. Planner / Andrew R. Fyfe, M.A. Director of Planning & Page 41 of 66

44 Appendix I S. r 9 4 S 1 1 Page 42 of 66

45 Appendix 2 S I F 4042 Hampshire Mills Line I I ( I It I. Approx Acres and 100 ft. of frontageto be added to 4086 from 4048 Hampshire Mills Line 4086 Mills Line it Page 43 of 66

46 RECOMMENDED CONDITIONS Appendix 3 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 44 of 66

47 D-4 REPORT TO: FROM: Chair and Members Committee of Adjustment Katie Mandeville Planner DATE: January 14, 2015 RE: Application for Minor Variance A Owners: Peter & Susan Cummins Agent: Shaun Brear, House Tech Design Address: 3921 Lavis Lane Background: County Official Plan: Greenlands Township Official Plan: Greenlands Township Zoning: Shoreline Residential Three (SR3) The subject property is located at 3921 Lavis Lane in the geographic Township of The approximately 0.44 hectare (1.09 acre) property is occupied by a small single storey detached dwelling, boathouse and a privy, as seen on the site plan attached as Appendix 2. Matchedash (Appendix 1). 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 5R3 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. Page 45 of 66

48 The proposed new dwelling plan is attached as Appendix 3. Planning and Development staff site inspected the property 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. Is the general intent and purpose of the Official Plan maintained? The subject property is designated Greenlands under the Township of Severn Official Plan. The objectives of the Greenlands designation and the Natural Heritage System Policies are to conserve, protect, enhance and rehabilitate the Natural Heritage Systems within the municipality. This specifically relates to evaluated wetlands, local wetlands, significant habitats or endangered or threatened species, hydrologically sensitive features and to maintain ecological functions and connectivity. A single family dwelling is a permitted use within this designation; however the goals are that of protecting the natural environment. The proposed variances allow for the retention of the existing cottage as a sleeping cabin and to permit a dwelling to be located slightly closer to the water Maintaining an existing long established structure within the shoreline area can be more beneficial to the natural environment then further disrupting the area by demolishing the structure. The proposed dwelling is located 19.3 metres from the shoreline and will allow for the existing buffer between the original dwelling and waters edge. The general intent and purpose of the Official Plan will be maintained as the application will balance further development of the site with maintaining the natural heritage systems of the Greenlands designation. 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 variances. The intent of the maximum gross floor area for the sleeping cabin is to ensure that the cabin remains accessory to the principle dwelling and used as a secondary space, without kitchen facilities to limit the ability to live in a cabin without dependence on the main residence. The existing dwelling will require a change of use permit, which the applicant has already applied for, to ensure that building meets the requirements of a sleeping cabin rather than a dwelling. The requested variance to allow for the screened porch to encroach into the front yard setback would not require a variance if the porch was located closer to the ground. Is it minor? In the opinion of the Planning Department the requested variances are minor in nature as the proposed sleeping cabin size will allow for the owners to retain this original cottage while building a more usable modern dwelling to house the owners. The Page 46 of 66

49 proposed setback for the main dwelling is a variance of 0.7 metres and will not be noticeable due to the irregular shoreline much of the proposed dwelling and porch exceed the minimum setback. Is it desirable for the appropriate development or use of the land? The impact of the larger sleeping cabin on neighbouring property owners will be low due to the crown land and surrounding properties. Allowing a property owner to retain a long established building while still redeveloping the property for a modern dwelling will add to the character of the lake and those who are nostalgic for the older cottage appearances on the lake. The redevelopment of the property includes plans for a new septic system and the decommissioning of the existing privy, this is good for the environment and in conjunction with the other proposed variances is appropriate development and use of the land. Other Considerations: The Building Department has provided the following comment: No objection to the proposed Minor Variance. Please note that the proposed location for the sewage system at 3921 Lavis Lane has not been verified due to the winter conditions. The Fire Department would like to remind the property owners that their driveway and private road access should be 4 metres in clearance width and overhead to allow for adequate access as well as a turnaround should the driveway be longer than 9Cm. The Fire Department has also suggested that the property owner investigate the potential installation of a residential sprinkler system as part of the design of the new dwelling. 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. x Respectfully submitted, Katie Mandeville, BA, BURPI Planner Director of Planni Page 47 of 66

50 r a- N: ) Appendix I K- t F C) jet It,_ \.) L 3-1 I d... -: -. I. ii N Nt / _i 1 :. a- 1 S ; _ -.4 -F r a S 0 0 tip -40 S - N N. V A z 4 0 a I Page 48 of 66

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53 RECOMMENDED CONDITIONS Appendix 4 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 51 of 66

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55 D-5 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Katie Mandevflle Planner DATE: January 14, 2015 RE: Application for Minor Variance A Applicants: Heather Mugford Address: 3285 Muskoka Street Background: County Official Plan: Settlement Area, Washago Township Official Plan: Settlement Living Township Zoning: Shoreline Residential Two (SR2) The subject property is located at 3285 Muskoka Street in the geographic Township of North Orillia (Appendix 1). The approximately 0.26 acre waterfront property located within the community of Wahsago is currently vacant. The owner wishes to place a new modular home and attached garage on the property as seen on the site plan attached as Appendix 2. 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 By-law states the minimum rear yard setback is 7.5 metres (24.6 feet) 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 53 of 66

56 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 located within the settlement area of Washago and is designated Settlement Living Area. The purpose of settlement areas is to protect and enhance the character of existing settlement areas and to maintain them as diverse, livable, safe, thriving and attractive communities. A single detached dwelling is a permitted use within this designation and the neighbouring properties are currently developed with this use. The proposed new dwelling would only add to the thriving community and will maintain the general intent and purpose of the Official Plan with regard to the character and function of the settlement area. Is the general intent and purpose of the Zoning By1aw maintained? The proposal appears to comply with all Zoning By-law requirements with the exception of the interior yard and rear yard setback for the garage. The intent of interior yard setbacks is to ensure that homes and structures are not built on or in close proximity to the lot line shared between neighbours. What is unusual about this property and the neighbouring lots is the zoning of Shoreline Residential Two (SR2) as the Shoreline Residential One (SRi) is intended for properties within settlement areas that are on municipal water and sewage, which these properties are. The interior yard setback for the SRi Zone is 1.5 metres for a new dwelling so if this property were zoned SRi, the house would not require this variance The intent of the rear yard setback in the waterfront area is to allow adequate room for maintaining the road allowance and snow removal. The nature of this property and paved portion of the Muskoka Street Road allowance is that the driven portion of the road is not located in close proximity to the rear lot line of this property and therefore the intent of allowing room for municipal operations would not be affected. The proposed variances maintain the general intent and purpose of the Zoning By-law. Is it minor? In the opinion of the Planning Department the requested variances are minor in nature due to the similarities to the SRi Zone and the design of Muskoka Street in relation to the rear property line of this particular property. Is it desirable for the appropriate development or use of the land? The proposed development is appropriate and desirable development of the land. The proposed new dwelling will add to the character of Washago with a new home on a previously undeveloped lot. Settlement areas are the intended focus of growth for municipalities and so the construction of a new home on the existing municipal water and sewage system, which is already connected to the lot, will be desirable and appropriate use of the land. Page 54 of 66

57 Key Other Considerations: The Building Department provided the following comment: No objection to the proposed minor variance. Note: Specific construction requirements are required under the building code when constructing close to the property line. The Public Works Department stated that they had no objection to the application as the proposed setback should not interfere with road or utilities operations. 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 development and use of the land. Respectfully submitted, With the c6ncurrence of, 4 Katie Mandeville, BA, BURPI. Andrew Fyfe, M.A / Planner Director of Planning & Dçvelopment Appendix 1 Map Appendix 2 Proposed Site Plan Appendix 3 Proposed Addition Plan Appendix 4 Recommended Conditions Page 55 of 66

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61 RECOMMENDED CONDITIONS Appendix 4 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 59 of 66

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63 D-6 REPORT Dl TO: FROM: Chair and Members Committee of Adjustment Andrew Fyfe Director of Planning and Development DATE: January 14, 2015 RE: Application for Minor Variance A Applicant: Curt & Kara Boyd Address: 1436 Jeremy Road Background: County Official Plan: Township Official Plan: Township Zoning: Rural and Agriculture Rural Rural (RU) Zone The subject property is located at 1436 Jeremy Road, being Part of Lot 21 Concession 6, geographic Township of North Orillia (Appendix I). The property is approximately 25 ha (61 acres) in size and currently is occupied by two residences and associated outbuildings (Appendix 2). In addition, 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 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-O1-14 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: Page 61 of 66

64 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). A sketch of the proposed severance is attached as Appendix 3. 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 Rural in the Township Official Plan. The net effect of the severance is to take two parcels, one of which is occupied by two dwellings and reconfigure them so that the two homes are on separate parcels and the separate. vacant parcel is transferred to municipal ownership along with the land associated with a new turn-around for snow removal equipment and a road allowance associated with Jeremy Road which occupies part of the original lands now owned by the Boyd family. Therefore, the number of parcels owned by the Boyds remains at two and no building lot is being created. The approved lot line basically reflects the area of use associated with each of the two dwellings. Is the general intent and purpose of the Zoning By-law maintained? As the minimum lot areas are intended to preserve the agricultural viability of rural parcels and the parcel being severed is largely bush and only a portion of the retained lands are actively used for agriculture, there is no potential impact in this regard. The parcel size will be compatible with the continued use of the property and its neighbours. Is it minor? At 3.9 hectares (9.6 acres), the severed parcel is of a size of many other parcels with a Rural zoning elsewhere in the Township. As the impact of the variance is to enable the division of a property into two parcels which reflect the pattern of use associated with the two existing dwellings, there will be no noticeable impact on the use of the property or on its neighbours. Is it desirable for the appropriate development or use of the land? As the variance only relates to ownership and not the use of the property, the development of the land will remain unchanged. Other Considerations: The Building Department has no objection to this application. Page 62 of 66

65 Recommendation: The Planning Department has no major objection to the approval of this application. Respectfully submitted, / -ç AndrewR.Fe Director of Planning & Development Appendix 1 Appendix Key Map Severance Sketch Page 63 of 66

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67 x V C 0aa Retained Lands Approximate Frontage: 20m Area: 16 ha * * Severed Lands Approximate Frontage: 580m Area: 3S ha Lands to be conveyed to the Township for Jeremy Road A Approximate locations of the two existing single detached dwellings.