THAT this Committee of Adjustment meeting come to order at 7:00 pm.

Transcription

1 COMMITTEE OF ADJUSTMENT MINUTES October 5, :00 PM Council Chamber Administration Centre, Minesing Present: Gregory J. Barker Cor Kapteyn Tami Kitay Robert McClung Gerald Sullivan Also Present: Laura Thompson, Acting Planner Elaine Cairncross, Secretary-Treasurer 1. CALL TO ORDER Moved by: Kapteyn Seconded by: McClung THAT this Committee of Adjustment meeting come to order at 7:00 pm. 2. DISCLOSURE OF PECUNIARY OR OTHER INTEREST Committee Member Kapteyn declared a conflict with respect to Application B18/11 since the applicant is his son and they are in business together. 3. PREVIOUS MINUTES 3.1 Minutes of the Committee of Adjustment meeting held on September 7, It was noted that there were resolutions in which the movers and seconders had not been shown and in which it was not clear as to what the decision had been. The Committee agreed to deal with the minutes at the next meeting. Page 1 of 9 Page 1 of 9

2 Page 2 of 9 Moved by: McClung Seconded by: Kapteyn THAT the adoption of the Committee of Adjustment minutes dated September 7, 2011 be deferred. 4. STAFF REPORTS 5. CORRESPONDENCE/ACTION ITEMS 5.1 Ontario Municipal Board (OMB) Notice of Cancellation of Hearing for Appeal of Minor Variance A06/11 - Milner at 1369 St. Vincent Street Moved by: Kitay Seconded by: Sullivan THAT the Ontario Municipal Board (OMB) Notice of Cancellation of Hearing for Appeal of Minor Variance A06/11 - Milner at 1369 St. Vincent Street be received. 6. REQUESTS FOR DEFERRAL None. 7. APPLICATIONS 7.1 Consent Application B17/11 by Diane and John Pinder, co-owners with Brian and Elaine Minty of property located in Lot 24, Concession 5, former Township of Flos, now in the, municipally known as 3307 Flos Road Six West, for approval to sever the existing parcel evenly into 2 parcels which are to consist of a lot area of approximately 43 hectares (106.5 acres) each for agricultural purposes. REPRESENTATON: Diane and John Minty CORRESPONDENCE: Planning Report Nottawasaga Valley Conservation Authority Mrs. Diane Pinder requested that the Committee approve the application to split the farm, which is jointly owned with her brother, into two one-hundred Page 2 of 9

3 acre parcels. The status of Flos Road Five West along the southerly frontage of the parcel proposed to be severed was discussed by the Committee with it being confirmed that the road was open as far as the river to the west and was traditionally used by farm machinery. The correspondence was read into the record with no objections being noted. Moved by: Sullivan Seconded by: Kitay That the Committee of Adjustment, having given consideration to the applicable provisions of Section 53 of the Planning Act, the Official Plan of the Township of Springwater, the characteristics of the subject land and its surroundings as addressed in the Planning Report on the subject application dated October 5 th, 2011, the correspondence received, and information presented at the hearing held on October 5 th, 2011 and the discussion on the matter, hereby APPROVE Application B17/11 as applied for subject to the following conditions: 1) That the applicant meet all the requirements, financial or otherwise of the Municipality 2) That the owner/applicant satisfy and be responsible for all costs to satisfy Section 65 of the Drainage Act, 1990 if applicable 3) That the applicant provide a draft deed for the severed lands prior to the issuance of a Certificate to ensure a proper legal description can be registered without the aid of a reference plan. Failing that, a reference plan be submitted with the draft deed. Cor Kapteyn left the room for the entire hearing, discussion and voting on Application B18/11 due to his earlier disclosed interest. 7.2 Consent Application B18/11 by John and Tammy Kapteyn, owners of property in Part of Lot 12 and South Half Lot 13, Concession 1, former Township of Flos, now in the, being Part 1 on RP 51R-9495, known municipally as 4340 Horseshoe Valley Road West, for approval to convey a parcel of land consisting of metres (140 ft.) by a depth of 76.2 metres (250 ft.) or hectares (0.8 acre) with an existing dwelling and shop under the Township s farm consolidation policies. The owners propose to retain approximately 33.9 hectares (83.7 acres) of agricultural land with storage structures. Page 3 of 9 Page 3 of 9

4 Page 4 of 9 REPRESENTATON: John Kapteyn CORRESPONDENCE: Planning Report Nottawasaga Valley Conservation Authority John Kapteyn indicated that he had bought the subject property recently and added it to the existing farm operation which totals approximately 600 acres. He requested approval to split off the house and retain the farmland. The Committee s attention was drawn to the existing dairy barn in the centre of the farmstead and the smaller hog barn, which have both been gutted and are now used for storage of equipment and hay respectively. Mr. Kapteyn advised that the circular tanks had been decommissioned approximately one month previously and will be relocated in the spring. The manure storage and two silos have been removed. In response to the Committee s questions regarding access, Mr. Kapteyn indicated that if he is granted a new entrance by the County, the driveway will line up with the bins for trucks coming in and out. It was recognized by the Committee that two wells exist and questioned whether they were active and in use. The applicant responded that the pipes have been disconnected from the former barn. They are artesian wells and one is connected to the house. Mr. Kapteyn noted that he may ask for water rights. The Secretary-Treasurer read the correspondence received with no objections being raised. Moved by: McClung Seconded by: Kitay That the Committee of Adjustment, having given consideration to the applicable provisions of Section 53 of the Planning Act, the Official Plan of the Township of Springwater, the characteristics of the subject land and its surroundings as addressed in the Planning Report on the subject application dated October 5 th, 2011, the correspondence received, and information presented at the hearing held on October 5 th, 2011 and the discussion on the matter, hereby APPROVE Application B18/11 as applied for subject to the following conditions: 1) That the applicant meet all the requirements, financial or otherwise of the Municipality 2) That the applicant provide two copies of the registered survey of the severed lot prepared by an Ontario Land Surveyor Page 4 of 9

5 3) That the owner/applicant satisfy and be responsible for all costs to satisfy Section 65 of the Drainage Act, 1990 if applicable 4) That the applicants rezone the severed lands to an Agricultural Exception (A-xy) Zone in order to recognize the size of the existing accessory building on the severed lot and to prohibit the keeping of livestock in the building. 5) That the applicants rezone the retained lands to an Agricultural Consolidation Exception (AC-xy) Zone to prohibit new residential uses, to recognize the deficient lot area and to prohibit the keeping of livestock in existing structures that could not meet Minimum Distance Separation policies. 6) That an entrance permit be obtained from the County of Simcoe for the retained farm parcel. 7) That the existing grain bins be relocated to ensure that all applicable setbacks of By-law 5000 are complied with. 8) That the applicant provide a draft deed for the retained lands demonstrating that the lands will be transferred to a bona fide farmer, prior to the issuance of a Certificate. Mr. Kapteyn returned to the Council Chamber at 7:26 pm. 7.3 Consent Application B19/11 by Ontario Limited, owner of property in Part of Lot 5, Concession 3, former Township of Vespra, now in the Township of Springwater, being Part 2 on RP 51R-14691, known municipally as 1573 Gill Road, for approval to create a new residential lot consisting of metres (62.63 ft.) by a depth of metres ( ft.) or a lot area of 0.22 hectares (0.546 acres) served by private water and septic. The owner proposes to retain a parcel of land with metres ( ft.) of frontage by a depth of metres ( ft.) or hectares (0.764 acre) with an existing dwelling unit. REPRESENTATION: Lou Kelly CORRESPONDENCE: Planning Report Nottawasaga Valley Conservation Authority Simcoe County District School Board Gemmell Engineering Lou Kelly, as owner of the property, submitted that he had purchased the land this year and would like to sever a lot and build a new house on the severed portion. The existing house is 35 to 40 years old. Page 5 of 9 Page 5 of 9

6 Page 6 of 9 With respect to the staff report, Mr. Kelly agreed with all of the proposed conditions except the one which asks for a rezoning of the lots. He respectfully requested the Committee to consider a requirement for a minor variance instead. He pointed out that the lots would be consistent with other lots in the area, which are legal non-conforming. Of the eleven lots nearby, 9 have the same 60-foot frontage as is being requested under this application. Mr. Kelly submitted that a rezoning would mean increased cost and time over what a minor variance represents. He also offered that the application is consistent with Provincial Policy Statements. With respect to front yard setbacks along Gill Road and whether the existing homes were set at the maximum or minimum, staff responded that the applicant had been advised that the current setbacks under By-law 5000 would be required. Staff also confirmed for the Committee that accessory buildings were allowed under the Rural Residential (RR) Zone to a total of 1076 sq. ft. Staff confirmed for the Committee that the subject lands are not included in the Midhurst Secondary Plan Area, being approximately one kilometre to the north. The applicant was asked whether he had a level of comfort that servicing of lots could be satisfactorily achieved, to which Mr. Kelly responded in the affirmative. When asked whether the existing driveway would be removed, Mr. Kelly confirmed that it would be reconfigured on the retained lands. He understood that a new entrance permit would be required for the severed lands. Staff was requested by the Committee to comment on Mr. Kelly s request that the recommended condition for rezoning be amended to require a minor variance. The Acting Planner reported that prior to the meeting she had advised the applicant that the Township s Planning Fee Schedule had been amended by Council on Monday, October 3 rd in an effort to make sure application fees are competitive and reasonable. Ms. Thompson advised the Committee that her response to a minor variance application in this instance would not be favourable since it was not numerically minor and would not meet all of the 4 tests for a minor variance. Also, neither lot would be compliant. The intent of the Rural Residential (RR) Zone is to provide for larger transitional lots between agricultural and urban uses. The Committee noted that the new Planning Fees By-law reduced the zoning by-law amendment fee, of which only one application is required, to $1,500 and maintained the minor variance fee at $1,000 for each lot would be required, resulting in $2,000 in application fees. Mr. Paul Martin of Gill Road indicated that he assumed that the application was based on the fact that there are existing 60-foot lots in the area from 1955 and those were the rules of the time. Today s rules require 100 feet, Page 6 of 9

7 Page 7 of 9 he stated, meaning that the two lots would be undersized. Mr. Martin expressed the view that it should not be allowed and that the rules should be followed. Mr. Martin clarified for the Committee that he lives two houses to the north of the subject lands. The Committee asked whether Mr. Martin had a specific concern, to which he responded that all the trees would be cut down and there would be one more well. He submitted that the neighbours, who were not able to come to the meeting, were also concerned. Mr. Martin spoke of the possible potential uses of both properties being of concern due to past and current problems with renters in the neighbourhood. He indicated that he assumed that both houses would be rented. The Committee advised that it cannot control who occupies the house or houses. Mr. Kelly pointed out that there is a large new house to the west of his property, on a 60-foot lot with a market value of $350,000 to $370,000 which, in his opinion, enhances the area. The Committee heard that Mr. Kelly proposes a well-built custom home on the new lot, which he doubts would be rented out. He advised that the existing house on the retained lot will be sold, likely to a first-time buyer, although he could not control that. Staff reported that there was no difference in the size of house required under the current Rural Residential Zone or the proposed Rural Residential Exception Zone. The Acting Planner confirmed that there were no municipal plans to include the area in the Midhurst Secondary Plan Area in the future or to service the existing houses. It was also noted that the existing subdivision would not be allowed under current policies. The Committee questioned the existing water supply in the area and Mr. Martin was able to respond that his was a sand point well of 100 or 115 feet in depth. He indicated he has not run out of water but a friend of his had experienced that problem when two new homes were built near him. Mr. Kelly indicated that he expects that there will be an ample water supply from the existing well and proposed a drilled well for the severed lot. He added that perhaps a new drilled well should be considered for the existing house as well. Detailed discussion was held with respect to the expenses and time factors involved with a minor variance versus a zoning by-law amendment application. It was noted that the minor variance application fee is $1,000 for each lot, with a process time of approximately 2 months. A zoning by-law amendment application would take approximately 3 months at a cost of $1,500. Both have public meeting requirements. Mr. Kelly withdrew his request that the condition require a minor variance Page 7 of 9

8 rather than rezoning. Items of correspondence read did not indicate any objection to the proposal, however Gemmell Engineering, on behalf of the applicant, requested that the Committee consider changing its proposed condition to require a minor variance for both the severed and retained parcels, rather than a rezoning to permit the deficient lot frontage. The withdrawal of the request by Mr. Kelly supercedes the Gemmell request. Moved by: McClung Seconded by: Kapteyn That the Committee of Adjustment, having given consideration to the applicable provisions of Section 53 of the Planning Act, the Official Plan of the Township of Springwater, the characteristics of the subject land and its surroundings as addressed in the Planning Report on the subject application dated October 5, 2011, the correspondence received and information presented at the hearing held on October 5th, 2011 and the discussion on the matter, hereby APPROVE Application B19/11 subject to conditions. 1) That the applicant meet all the requirements, financial or otherwise of the Municipality 2) That the applicant provide two copies of the registered survey of the severed lot prepared by an Ontario Land Surveyor 3) That the owner/applicant satisfy and be responsible for all costs to satisfy Section 65 of the Drainage Act, 1990 if applicable 4) That the applicant rezone the severed and retained lands to Residential Rural Exception (RR-xy) in order to address the deficient lot frontages; 5) That the applicant demonstrate that both the severed and retained parcels are able to meet Reasonable Use Guidelines; 6) That the applicant demonstrate to the satisfaction of the Chief Building Official that the existing septic system would meet applicable setbacks from the proposed lot lines; and 7) That the applicant obtain an entrance permit for the severed lands 8) That the applicant provide a draft deed for the severed lands. 8. CLOSED SESSION The Committee decided that a closed session was not required. Page 8 of 9 Page 8 of 9

9 8.2 Committee of Adjustment Closed Session Minutes of September 7, Moved by:kapteyn Seconded by: McClung THAT the minutes of the Committee of Adjustment Closed Session of September 7, 2011 be adopted as presented. 9. ADJOURNMENT Moved by: McClung Seconded by: Kapteyn THAT this Committee of Adjustment meeting does now adjourn at 8:05 pm. Gregory J. Barker, Chair K. Elaine Cairncross, Sect-Treasurer Page 9 of 9 Page 9 of 9