40
CORPORATION OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE 6 ALBERT STREET EAST, HASTINGS, ONTARIO Page 1. CALL TO ORDER: 2. ITEMS TO BE ADDED TO THE AGENDA: 3. APPROVAL OF THE AGENDA: 4. DECLARATIONS OF DIRECT (OR INDIRECT) PECUNIARY INTEREST: 5. MINUTES: 3 - 13 a) Committee of Adjustment Minutes - October 3, 2017 Committee of Adjustment - 03 Oct 2017 - Minutes - Pdf 6. APPLICATIONS: 14 - 18 a) COA-2017-36 Severance Application B37/2017, Lorne and Christine O'Brien / Frank and Sharon Gironda Severance Consent Application B37 2017, O'Brien (Gironda) COA-2017-36, Severance Application B37/2017, O'Brien / Gironda - Pdf 19 - 23 b) COA-2017-37 Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji Severance Consent Application B38 2017, Gosling and Nanji COA-2017-37, Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji - Pdf 24 - 28 c) COA-2017-38 Severance Application B39/2017, Eric Dunford / Carol Bedek Severance Consent Application B39 2017, Dunford (Bedek) COA-2017-38, Severance Application B39/2017, Eric Dunford / Carol Bedek - Pdf 29 - 33 d) COA-2017-39 Severance Application B40/2017, John Ross / Tom Fox Severance Consent Application B40 2017, Ross (Fox) COA-2017-39, Severance Application B40/2017, John Ross / Tom Fox - Pdf 34 - 38 e) COA-2017-40 Severance Consent Application B41/2017, Scott and Paula Anderson Severance Consent Application B41 2017, Anderson COA-2017-40, Severance Consent Application B41/2017, Scott and Paula Anderson - Pdf

Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

  • Upload
    lydien

  • View
    224

  • Download
    3

Embed Size (px)

Citation preview

Page 1: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

CORPORATION OF THE MUNICIPALITY OF TRENT HILLS

COMMITTEE OF ADJUSTMENT AGENDA

TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M.

HASTINGS CIVIC CENTRE

6 ALBERT STREET EAST, HASTINGS, ONTARIO Page

1. CALL TO ORDER:

2. ITEMS TO BE ADDED TO THE AGENDA:

3. APPROVAL OF THE AGENDA:

4. DECLARATIONS OF DIRECT (OR INDIRECT) PECUNIARY INTEREST:

5. MINUTES:

3 - 13 a) Committee of Adjustment Minutes - October 3, 2017

Committee of Adjustment - 03 Oct 2017 - Minutes - Pdf

6. APPLICATIONS:

14 - 18 a) COA-2017-36

Severance Application B37/2017, Lorne and Christine O'Brien / Frank and Sharon Gironda

Severance Consent Application B37 2017, O'Brien (Gironda)

COA-2017-36, Severance Application B37/2017, O'Brien / Gironda - Pdf

19 - 23 b) COA-2017-37

Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji

Severance Consent Application B38 2017, Gosling and Nanji

COA-2017-37, Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji - Pdf

24 - 28 c) COA-2017-38

Severance Application B39/2017, Eric Dunford / Carol Bedek

Severance Consent Application B39 2017, Dunford (Bedek)

COA-2017-38, Severance Application B39/2017, Eric Dunford / Carol Bedek - Pdf

29 - 33 d) COA-2017-39

Severance Application B40/2017, John Ross / Tom Fox

Severance Consent Application B40 2017, Ross (Fox)

COA-2017-39, Severance Application B40/2017, John Ross / Tom Fox - Pdf

34 - 38 e) COA-2017-40

Severance Consent Application B41/2017, Scott and Paula Anderson

Severance Consent Application B41 2017, Anderson

COA-2017-40, Severance Consent Application B41/2017, Scott and Paula Anderson - Pdf

Page 2: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

7. OTHER BUSINESS:

39 - 40 a) COA-2017-41

Condition regarding covenants for surface water drainage

COA-2017-41, Condition regarding covenants for surface water drainage - Pdf

8. ADJOURNMENT:

Page 2 of 40

Page 3: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

CORPORATION OF THE MUNICIPALITY OF TRENT HILLS

COMMITTEE OF ADJUSTMENT MINUTES

TUESDAY, OCTOBER 3, 2017

HASTINGS CIVIC CENTRE

6 ALBERT STREET EAST, HASTINGS, ONTARIO

Present: Deputy Mayor Bob Crate

Councillor Rosemary Kelleher-MacLennan

Councillor Catherine Redden

Councillor Rick English

Councillor Ken Tully

Absent: Mayor Hector Macmillan

Councillor Bill Thompson

Staff: Lynn Phillips, Chief Administrative Officer

J. Douglas Irwin, Director of Legislative Services / Clerk

Liz Mitchell, Planning Assistant

Neil Allanson, Manager of Roads and Urban Services

Kira Mees, Community Development Officer

Others: Lou-Ann Tidd, Watson Tidd, Mitch McConnell, Patricia Laundry, Brad McConnell, Rick Laundry, Paul Smith, Jim Orr, Jason Smith, Carolyn Smith, Rob Foster

1. CALL TO ORDER:

a)

The meeting was called to order at 7:05 p.m., with Councillor Ken Tully as chair.

2. ITEMS TO BE ADDED TO THE AGENDA:

a)

No items were added to the agenda.

3. APPROVAL OF THE AGENDA:

MOVED BY Councillor Catherine Redden SECONDED BY Councillor Rick English

CA60-2017

BE IT RESOLVED that the agenda for the meeting of October 3rd, 2017, be approved, as presented.

“CARRIED”

4. DECLARATIONS OF DIRECT (OR INDIRECT) PECUNIARY INTEREST:

a)

Page 3 of 40

Page 4: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

None were declared.

5. MINUTES:

a)

Committee of Adjustment Minutes - September 5, 2017

MOVED BY Councillor Rick English SECONDED BY Councillor Rosemary Kelleher-MacLennan

CA61-2017

BE IT RESOLVED that the minutes from the September 5th, 2017 meeting be approved, as presented.

“CARRIED”

6. APPLICATIONS:

a) SR-1191

COA-2017-30

Severance Consent Application B32/2017, Barbara McConnell / Brad McConnell

MOVED BY Councillor Rosemary Kelleher-MacLennan SECONDED BY Councillor Rick English

CA62-2017

IN THE MATTER of Consent Application B32/2017 by Barbara McConnell / Brad McConnell, with respect to property located in Concession 12, Part Lot 18, 2910 12th Line East, Seymour Ward, Roll # 14 35 134 070 05500 0000. The application proposes to create one (1) new parcel, being approximately 41 acres (vacant land), from approximately 48.39 acres, for residential building purposes. The retained portion contains the existing residential dwelling.

Brad McConnell was in attendance to discuss the application.

Notice of the Public Meeting was given in accordance with the Planning Act.

Liz Mitchell, Planning Assistant, presented Staff Report COA-2017-30. An application for consent has been received from Barbara McConnell / Brad McConnell, with respect to property located in Concession 12, Part of Lot 18, 2910 12th Line East, Seymour Ward. The application proposes to sever one new parcel, being approximately 41 acres (vacant land), from 48.39 acres. The retained portion contains the existing residential dwelling. The application proposes to create one new parcel, being approximately 41 acres of vacant land, for residential building purposes. The retained portion is approximately 7.39 acres with the existing residential dwelling. The lands in question are designated as a combination of Rural and Greenlands within the Trent Hills Official Plan. Zoning is a combination of Rural Residential, Environmental Protection and Environmentally Sensitive, in the Trent Hills Zoning By-law. The Environmental Protection Zoning follows a wetland feature, while the Environmentally Sensitive Zoning denotes the wooded areas on the subject property. The policies within the Official Plan permit the

Page 2 of 11

Page 4 of 40

Page 5: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

consideration of the creation of a limited number of rural residential lots. Consideration is to be given to the proposed use of the lot, the topography of the lot and the general pattern of development in the area. The proposed parcel will have access from the 12th Line East, and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system. Planning staff have met with the applicant, to discuss their submission, and review the requirements. Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as the required outside agencies and municipal departments. The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision. The application for consent is being considered with regard to the policies contained in the Official Plan and the Provincial Policy Statement. Planning Staff have been involved in the review of the application and preparation of notices and reports. All fees have been collected in order to consider the application as complete. The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Manager of Roads and Urban Services:

The proposed severed parcel does provide an adequate location for a “site specific” proper residential entrance. Further entrance details (culvert, ditching, brushing, etc., if required) will be provided by Public Works staff, upon the formal application of an entrance permit.

Existing entrances that have not been completed through an Entrance Permit Application, will have to meet the current Trent Hills Entrance and Setback Policy requirements.

Written Comments: None were received.

Applicant Comments: The applicant advised he has received an entrance permit for the existing entrance. He further advised that he has no immediate plans to build on the property.

Public Comments: Rick and Patricia Laundry live across the road from the subject property and advised that they have water quantity concerns as each new well that is installed in the area, decreases their water level. They further advised they paid the cost to run the hydro service to the area, in which others are now utilizing.

Committee Comments: The Committee requested clarification from the Manager of Roads and Urban Services with respect to the existing entrances. Clarification was provided.

The Committee requested further information be brought forward at a future meeting, with respect to wells / water quantity within the area.

Staff will do further investigation through the Ministry of the Environment website, and provide details on the legislation that regulates wells.

Page 3 of 11

Page 5 of 40

Page 6: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-30, regarding Severance Consent Application B32/2017, Barbara McConnell / Brad McConnell, as information;

AND FURTHER that the Committee of Adjustment defer Consent Application B32/2017, with respect to property located in Concession 12, Part of Lot 18, 2910 12th Line East, Seymour Ward, Roll # 14 35 134 070 05500 0000, for application to sever one new parcel, being approximately 41 acres (vacant land), from approximately 48.39 acres.

“CARRIED”

b) SR-1197

COA-2017-31

Severance Consent Application B33/2017, Barbara McConnell / Mitch McConnell

MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Rosemary Kelleher-MacLennan

CA63-2017

IN THE MATTER of Consent Application B33/2017 by Barbara McConnell / Mitch McConnell, with respect to property located in Concession 12, Part Lot 18, 2910 12th Line East, Seymour Ward, Roll # 14 35 134 070 05500 0000. The application proposes to create one (1) new parcel, being approximately 1.61 acres (vacant land), from approximately 4.18 acres, for residential building purposes. The retained portion contains the existing residential dwelling.

Mitch McConnell was in attendance to discuss the application.

Further to the previous Public Meeting with respect to Severance Consent Application B32/2017, and discussions through the Public Meeting process, this application will also be deferred as it is the same property. A further Public Meeting will be scheduled.

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-31, regarding Severance Consent Application B33/2017, Barbara McConnell / Mitch McConnell, as information;

AND FURTHER that the Committee of Adjustment defer Consent Application B33/2017, with respect to property located in Concession 12, Part of Lot 18, 2910 12th Line East, Seymour Ward, Roll # 14 35 134 070 05500 0000, for application to sever one new parcel, being approximately 1.61 acres (vacant land), from approximately 4.18 acres.

“CARRIED”

c) SR-1199

COA-2017-32

Severance Consent Application B34/2017, John Ross

Page 4 of 11

Page 6 of 40

Page 7: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Catherine Redden

CA64-2017

IN THE MATTER of Consent Application B34/2017 by John Ross, with respect to property located in Concession 13, Part Lots 7 and 8, Birch Point Road, Seymour Ward, Roll # 14 35 134 090 02200 0000. The application proposes to create one (1) new parcel, being approximately 2.55 acres (vacant land), from approximately 51.95 acres, for residential building purposes. The proposed severed parcel is identified as Part 1 and Part 4 on the attached draft plan. The retained portion is also vacant land.

No one was in attendance to discuss the application.

Notice of the Public Meeting was given in accordance with the Planning Act.

Liz Mitchell, Planning Assistant, presented Staff Report COA-2017-32. An application for consent has been received from John Ross, with respect to property located in Concession 13, Part of Lots 7 and 8, Birch Point Road, Seymour Ward. The application proposes to sever one new parcel, being approximately 2.55 acres (vacant land), from 51.95 acres. The retained portion is also vacant land. The application proposes to create one new parcel, being approximately 2.55 acres of vacant land, for residential building purposes. The retained portion is approximately 49.4 acres, and is also vacant land. The proposed severed parcel is identified as Parts 1 and 4, on a draft survey as provided with the application. A copy is attached for the Committee's information. The lands in question are designated as Greenlands within the Trent Hills Official Plan. The Greenlands designation is due to the proximity of the Trent River. Zoning is Environmentally Sensitive in the Trent Hills Zoning By-law. The Environmentally Sensitive Zoning denotes the wooded areas on the subject property. The policies within the Official Plan permit the consideration of the creation of a limited number of rural residential lots. Consideration is to be given to the proposed use of the lot, the topography of the lot and the general pattern of development in the area. The proposed parcel will have access from Birch Point Road, and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system. Planning staff have met with the applicant, to discuss their submission, and review the requirements. Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as the required outside agencies and municipal departments. The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision. The application for consent is being considered with regard to the policies contained in the Official Plan and the Provincial Policy Statement. Planning Staff have been involved in the review of the application and preparation of notices and reports. All fees have been collected in order to consider the application as complete. The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 5 of 11

Page 7 of 40

Page 8: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

Manager of Roads and Urban Services:

The proposed severed parcel does provide an adequate location for a “site specific” proper residential entrance. Further entrance details (culvert, ditching, brushing, etc., if required) will be provided by Public Works staff, upon the formal application of an entrance permit.

Written Comments: None were received.

Public Comments: No one spoke for or against the application.

Committee Comments: Nothing further.

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-32, regarding Severance Consent Application B34/2017, John Ross, as information;

AND FURTHER that the Committee of Adjustment approve Consent Application B34/2017, with respect to property located in Concession 13, Part of Lots 7 and 8, Birch Point Road, Seymour Ward, Roll # 14 35 134 090 02200 0000, for application to sever one new parcel, being approximately 2.55 acres (vacant land), from approximately 51.95 acres, with the following conditions.

1. That $750.00 for each new vacant building lot created, is paid cash-in-lieu of parkland pursuant to Section 53 of the Planning Act, RSO 1990, as amended, and the Municipality of Trent Hills By-law 2001-42.

2. That all outstanding and current taxes on the subject property are paid in full.

3. That the applicant meet all the requirements of the Municipality of Trent Hills Public Works Department, for determining an approved location(s) for a residential entrance.

4. That a parcel of land measuring 33 feet wide along the frontage of the severed lands (as measured from the centre line of the travelled road) for road widening purposes be dedicated (in the form of a registered deed) in favour of the Municipality and conveyed at no cost to the Municipality. This requirement must be addressed to the satisfaction of the Public Works Department and may be determined to be unnecessary by an Ontario Land Surveyor.

5. That the applicant provide a registerable description under the requirements of the Registry Act.

6. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

7. That the initial deed, due to severance, be prepared in the name of the current owner(s) of the severed property who have applied for the consent. Any subsequent transfer from the original to a third party is to be properly registered at the Registry Office.

8. If all conditions of this decision have been fulfilled within one year of the date on the "Notice of Decision" and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

“CARRIED”

Page 6 of 11

Page 8 of 40

Page 9: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

d) SR-1196

COA-2017-33

Severance Consent Application B36/2017, Aubrey and William Woof

MOVED BY Councillor Rick English SECONDED BY Councillor Rosemary Kelleher-MacLennan

CA65-2017

IN THE MATTER of Consent Application B36/2017 by Aubrey and William Woof, with respect to property located in Concession 3, Part Lot 9 and 10, Concession Road 3 West / Gummow Road, Percy Ward, Roll # 14 35 229 060 01600 0000. The application proposes to create one (1) new parcel, being approximately 12 acres (vacant land), from approximately 98.12 acres, for residential building purposes. The retained portion is also vacant land. The proposed severed parcel will be accessed via a registered right-of-way from Gummow Road. Zoning Amendment Application C39/2017 has been submitted in conjunction with this severance consent application.

Paul Smith, Solicitor for the applicant, was in attendance to discuss the application.

Notice of the Public Meeting was given in accordance with the Planning Act.

Liz Mitchell, Planning Assistant, presented Staff Report COA-2017-33. An application for consent has been received from Aubrey and William Woof, with respect to property located in Concession 3, Part of Lot 9 and 10, Concession Road 3 West / Gummow Road, Percy Ward. The application proposes to sever one new parcel, being approximately 12 acres (vacant land), from 98.12 acres. The retained portion is also vacant land. This application has been filed in conjunction with Zoning Amendment Application C39/2017. The application proposes to create one new parcel, being approximately 12 acres of vacant land, for residential building purposes. The retained portion is approximately 86.12 acres of vacant land. The lands in question are designated as a combination of Rural and Greenlands within the Trent Hills Official Plan. Zoning is a combination of Rural, Environmental Protection and Environmentally Sensitive, in the Trent Hills Zoning By-law. The Environmental Protection Zoning follows a wetland feature, while the Environmentally Sensitive Zoning denotes the wooded areas on the subject property. The policies within the Official Plan permit the consideration of the creation of a limited number of rural residential lots. Consideration is to be given to the proposed use of the lot, the topography of the lot and the general pattern of development in the area. This application has been submitted in conjunction with Zoning Amendment Application C39/2017, as well as with an application to close a portion of an unassumed, unmaintained municipal road allowance. Upon the approval of all three applications, the proposed parcel will have access from Gummow Road (via a registered right-of-way), and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system. This twelve acre parcel is already separated from the lands to the north by a watercourse, that cuts through the subject lands. The proposed parcel is only accessible over the right-of-way and the portion of the road

Page 7 of 11

Page 9 of 40

Page 10: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

allowance that has been applied for. Planning staff have met with the applicant, to discuss their submission, and review the requirements. Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as the required outside agencies and municipal departments. The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision. The application for consent is being considered with regard to the policies contained in the Official Plan and the Provincial Policy Statement. Planning Staff have been involved in the review of the application and preparation of notices and reports. All fees have been collected in order to consider the application as complete. The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Written Comments: Letter of support from adjacent landowner, David Luton

Applicant Comments: Mr. Smith advised that if the severance was denied, that the land would basically be landlocked due to the watercourse and the restricted access, and be of no value.

Public Comments: Lou-Ann and Watson Tidd, own the adjacent lands at 81 Gummow Road. They expressed the following concerns:

• low water level within their well, as they were without water for six months last year;

• further development in the immediate area;

• do not want to see further severances or a subdivision on the subject lands; and

• they paid the cost for the hydro poles along this portion of Gummow Road.

Committee Comments: The Committee requested clarification on the proposed right-of-way access for the subject property to ensure emergency vehicles would have the ability to safely enter the property. Clarification was provided by the Manager of Roads and Urban Services.

The Committee enquired if Lower Trent Conservation Authority had been contacted. Planning Staff confirmed discussions with Lower Trent Conservation Authority and there appears to be a suitable building envelope, outside of the regulated area.

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-33, regarding Severance Consent Application B36/2017, Aubrey and William Woof, as information;

AND FURTHER that the Committee of Adjustment approve Consent Application B36/2017, with respect to property located in Concession 3, Part of Lot 9 and 10, Concession Road 3 West / Gummow Road, Percy Ward, Roll # 14 35 229 060 01600 0000, for application to sever one new parcel, being approximately 12 acres (vacant land), from

Page 8 of 11

Page 10 of 40

Page 11: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

approximately 98.12 acres, with the following conditions.

1. That $750.00 for each new vacant building lot created, is paid cash-in-lieu of parkland pursuant to Section 53 of the Planning Act, RSO 1990, as amended, and the Municipality of Trent Hills By-law 2001-42.

2. That all outstanding and current taxes on the subject property are paid in full.

3. That the applicant meet all the requirements of the Municipality of Trent Hills Public Works Department, for determining an approved location(s) for a residential entrance.

4. That the applicant rezone the severed portion of land to conform to the Municipality of Trent Hills Zoning By-law 2010-105.

5. That a parcel of land measuring 33 feet wide along the frontage of the severed lands (as measured from the centre line of the travelled road) for road widening purposes be dedicated (in the form of a registered deed) in favour of the Municipality and conveyed at no cost to the Municipality. This requirement must be addressed to the satisfaction of the Public Works Department and may be determined to be unnecessary by an Ontario Land Surveyor.

6. That the applicant provide a registerable description under the requirements of the Registry Act.

7. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

8. That the initial deed, due to severance, be prepared in the name of the current owner(s) of the severed property who have applied for the consent. Any subsequent transfer from the original to a third party is to be properly registered at the Registry Office.

9. If all conditions of this decision have been fulfilled within one year of the date on the "Notice of Decision" and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

“CARRIED”

e) SR-1200

COA-2017-34

Minor Variance Application A05/2017, Jason Smith / Foster Pools

MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Rosemary Kelleher-MacLennan

CA66-2017

IN THE MATTER of Minor Variance Application A05/2017 by Jason Smith / Foster Pools, with respect to property located at 78 Woodlawn Drive, Percy Ward, Roll # 14 35 229 040 04217 0000. The Minor Variance application is seeking relief from the Trent Hills Zoning By-law 2010-105, with respect to the installation of an inground pool within the front / exterior side yard of the subject property.

Jason Smith was in attendance to discuss the application.

Notice of the Public Meeting was given in accordance with the Planning Act.

Page 9 of 11

Page 11 of 40

Page 12: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

Liz Mitchell, Planning Assistant, presented Staff Report COA-2017-34. An application for Minor Variance has been received from Jason Smith / Foster Pools, with respect to property at 78 Woodlawn Drive, Former Township of Percy. The purpose of the application is to seek relief from the Municipality of Trent Hills Zoning By-law 2010-105, with respect to the location of an inground pool. The applicant has submitted an application for a minor variance, requesting the approval of the installation of an inground pool, located in the front / exterior side yard of the subject property. The Trent Hills Zoning By-law stipulates that an outdoor swimming pool shall be permitted in any residential zone, in the interior and rear yard of a lot. Due to the location of the residential dwelling, garage and septic system, the pool location is required to be in the front / exterior side yard of the subject property. All other requirements of the Zoning By-law are being met.

Four tests have been established for a Minor Variance:

1. Does the use comply with the Official Plan?

The Greenlands designation recognizes residential uses, and accessory uses thereto.

2. Does the use comply with the Zoning By-law?

The Environmentally Sensitive Zoning (wooded lands) permits the current structures on site, as well as the pool as an accessory use.

3. Is the Minor Variance necessary to achieve the appropriate use of the property?

In order for the applicants to construct the pool, the Minor Variance is necessary to locate the pool within an area on the property, away from the existing dwelling, garage and septic system.

4. Is the variance minor?

The structures as they exist, currently meet the requirements of the Zoning By-law. The construction of the pool does not appear to create any adverse impact.

Planning staff have met with the applicants, to discuss their submission, and review the requirements. Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as to the required outside agencies and municipal departments. The process to consider minor variance applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision. The application for minor variance is being considered with regard to the policies contained in the Official Plan and Zoning By-law. Planning staff have been involved in the review of the application and preparation of notices and reports. All applicable fees have been collected to consider the application as complete. The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Written Comments: None were received.

Applicant Comments: Nothing further.

Page 10 of 11

Page 12 of 40

Page 13: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Committee of Adjustment Meeting Minutes October 3, 2017

Public Comments: No one spoke for or against the application.

Committee Comments: The Committee requested further information on the proximity of adjacent neighbours, in which the applicant responded.

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-34, regarding Minor Variance Application A05/2017, Jason Smith / Foster Pools, for information.

AND FURTHER that the Committee of Adjustment approve Minor Variance Application A05/2017 by Jason Smith / Foster Pools, with respect to property located at 78 Woodlawn Drive, former Township of Percy.

“CARRIED”

7. OTHER BUSINESS:

a) SR-1201

COA-2017-35

Extension for Severance Consent B27/2016, Jim Orr

MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Catherine Redden

CA67-2017

BE IT RESOLVED that the Committee receive Staff Report COA-2017-35, regarding an extension for Severance Consent Application B27/2016, Jim Orr, as information;

AND FURTHER that the Committee of Adjustment grant a six month extension to May 6, 2018, for fulfilling the conditions of Severance Consent Application B27/2016.

“CARRIED”

8. ADJOURNMENT:

MOVED BY Councillor Rosemary Kelleher-MacLennan SECONDED BY Councillor Rick English

CA68-2017

BE IT RESOLVED that this meeting of the Committee of Adjustment be adjourned at 7:47 p.m.

“CARRIED”

Page 11 of 11

Page 13 of 40

Page 14: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B37/2017

LORNE AND CHRISTINE O’BRIEN 197 LAKE ROAD (SPLIT FROM)

FRANK AND SHARON GIRONDA

203 LAKE ROAD (MERGE TO)

FORMER SEYMOUR WARD

Consent Application B37/2017, by Lorne and Christine O’Brien / Frank and Sharon Gironda, with respect to property located at 197 Lake Road, Roll # 14 35 134 070 11505 0000 and 203 Lake Road, Roll # 14 35 134 070 11600 0000, former Seymour Ward. The application is to sever one parcel from 197 Lake Road, being approximately 50’ x 30’ (vacant land) which will serve as a lot addition and merge to the adjacent vacant lands to the west, being 203 Lake Road.

Page 14 of 40

Page 15: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B37/2017 LORNE AND CHRISTINE O’BRIEN / FRANK AND SHARON GIRONDA

197 LAKE ROAD (SPLIT FROM) 203 LAKE ROAD (MERGE TO)

SEYMOUR WARD

LANDS SUBJECT TO SEVERANCE CONSENT

APPLICATION

LA

KE

RO

AD

178

192

210

198

203

196

188

206

185

184

197

207

200

205

218

PROPOSED RETAINED PORTION (APPROX 0.782 ACRES)

WITH EXISTING RESIDENTIAL DWELLING

PROPOSED SEVERED PARCEL (APPROX. 50’ X 30’)

VACANT LAND

PROPOSED SEVERED PORTION TO MERGE WITH 203 LAKE ROAD

Page 15 of 40

Page 16: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-36

Subject:

Severance Application B37/2017, Lorne and Christine O'Brien / Frank and Sharon Gironda

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-36, regarding Severance Consent Application B37/2017, Lorne and Christine O'Brien / Frank and Sharon Gironda, as information.

AND FURTHER that the Committee of Adjustment deny Consent Application B37/2017 with respect to property located at 197 Lake Road, Roll # 14 35 134 070 11505 0000, for application to sever one parcel, being approximately 50' x 30' (vacant land), in which the severed parcel will serve as a lot addition, to merge with the adjacent lands at 203 Lake Road, Roll # 14 35 134 070 11600 0000, former Seymour Ward, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B37/2017 with respect to property located at 197 Lake Road, Roll # 14 35 134 070 11505 0000, for application to sever one parcel, being approximately 50' x 30' (vacant land), in which the severed parcel will serve as a lot addition, to merge with the adjacent lands at 203 Lake Road, Roll # 14 35 134 070 11600 0000, former Seymour Ward, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the merger of the severed parcel, approximately 50' x 30', being a portion of 197 Lake

Road, known as Roll No. 14 35 134 070 11505 0000, shall be conveyed to and merge with the

Page 16 of 40

Page 17: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

neighbouring property at 203 Lake Road, known as Roll No. 14 35 134 070 11600 0000, former Seymour Ward, Municipality of Trent Hills, and that the appropriate merging statement appear on the deed.

3. That the applicant provides a registerable description under the requirements of the Registry Act.

4. That the applicants provide 2 copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

5. If all conditions of this decision have been fulfilled within one year of the date on the “Notice of Decision”, and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

1. Purpose/Nature of the Proposal:

An application for consent has been received from Lorne and Christine O'Brien / Frank and Sharon Gironda, with respect to lands at 197 Lake Road / 203 Lake Road, former Seymour Ward.

The purpose of the application is to sever one parcel, being approximately 50' x 30' (vacant land), to be severed from 197 Lake Road. The severed portion will then serve as a lot addition and merge to 203 Lake Road. Both properties have existing residential dwellings.

2. Background/Rationale:

The lands in question are designated as Greenlands within the Trent Hills Official Plan.

Zoning is a combination of Shoreline Residential and Environmental Protection within the Trent Hills Zoning By-law. The Environmental Protection Zone is due to the proximity of the Trent River / Lake Seymour.

As the application is for a lot addition, and not for the creation of a new parcel, it will not create any non-conformance with the Official Plan.

3. Relevant Options/Consultations:

Planning staff have met with the applicant, to discuss their submission, and review the requirements.

Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as to the required outside agencies and municipal departments.

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision.

6. Policy/Staff Implications:

The application for consent is being considered with regard to the policies contained in the Official Plan.

Planning staff have been involved in the review of the application and preparation of notices and reports.

Page 17 of 40

Page 18: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

7. Major Benefits:

Not applicable.

8. Financial Analysis:

All applicable fees have been collected to consider the application as complete.

9. Means of Communicating Decision:

The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 18 of 40

Page 19: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B38/2017 RICK GOSLING AND ZUBEDA NANJI

CONCESSION 10, PART LOT 12, 271 CONCESSION ROAD 11 WEST FORMER PERCY WARD

Consent Application B38/2017 by Rick Gosling and Zubeda Nanji, with respect to property located in Concession 10, Part Lot 12, 271 Concession Road 11 West, Percy Ward, Roll # 14 35 229 040 02400 0000. The application proposes to create one (1) new parcel, being approximately 25 acres (with existing residential dwelling and outbuildings), from approximately 159 acres. The retained portion contains a small accessory building, and will be for residential building purposes. COMMENTS RECEIVED: Neil Allanson, Manager of Roads and Urban Services: The proposed severed parcel has an existing residential entrance. The proposed retained parcel does provide an adequate location for a “site specific” residential entrance. Further entrance details (culvert, ditching, brushing, etc., if required) will be provided by Public Works staff, upon the formal application of an entrance permit.

Page 19 of 40

Page 20: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B38/2017 RICK GOSLING AND ZUBEDA NANJI

CONCESSION 10, PART LOT 12, 271 CONCESSION ROAD 11 WEST FORMER TOWNSHIP OF PERCY

BE

AM

ISH

RO

AD

CO

UN

TY R

OAD

45

RIC

HA

RD

SO

N R

OA

D

CONCESSION 11 WEST

CO

NC

ES

SIO

N 1

1 W

ES

T

CONCESSION 11 WEST

RU

SA

W L

INE

CO

UN

TY R

OAD

45

CO

UN

TY R

OAD

45

RICHARDSON ROAD

141

152

11979

11735

228

271

11707

311

342

362

40

21

371

401

364

26

43

425

380

333

355

11587

11600

11484

36

5866

11836

270

308

390

417

400

381

55

41

335

271

11580

LANDS SUBJECT TO

SEVERANCE CONSENT

APPLICATION

PROPOSED SEVERED PARCEL APPROX. 25 ACRES

(WITH EXISTING RESIDENTIAL DWELLING AND OUTBUILDINGS)

PROPOSED RETAINED PARCEL APPROX. 134 ACRES

(SMALL ACCESSORY BUILDING)

Page 20 of 40

Page 21: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-37

Subject:

Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-37, regarding Severance Consent Application B38/2017, Rick Gosling and Zubeda Nanji, as information;

AND FURTHER that the Committee of Adjustment deny Consent Application B38/2017, with respect to property located in Concession 10, Part of Lot 12, 271 Concession Road 11 West, Percy Ward, Roll # 14 35 229 040 02400 0000, for application to sever one new parcel, being approximately 25 acres (with existing residential dwelling and outbuildings), from approximately 159 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B38/2017, with respect to property located in Concession 10, Part of Lot 12, 271 Concession Road 11 West, Percy Ward, Roll # 14 35 229 040 02400 0000, for application to sever one new parcel, being approximately 25 acres (with existing residential dwelling and outbuildings), from approximately 159 acres, with the following conditions.

1. That $750.00 for each new vacant building lot created, is paid cash-in-lieu of parkland pursuant to Section 53 of the Planning Act, RSO 1990, as amended, and the Municipality of Trent Hills By-law 2001-42.

2. That all outstanding and current taxes on the subject property are paid in full.

Page 21 of 40

Page 22: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

3. That the applicant meet all the requirements of the Municipality of Trent Hills Public Works Department, for determining an approved location(s) for a residential entrance.

4. That a parcel of land measuring 33 feet wide along the frontage of the severed and retained lands (as measured from the centre line of the travelled road) for road widening purposes be dedicated (in the form of a registered deed) in favour of the Municipality and conveyed at no cost to the Municipality. This requirement must be addressed to the satisfaction of the Public Works Department and may be determined to be unnecessary by an Ontario Land Surveyor.

5. That the applicant provide a registerable description under the requirements of the Registry Act.

6. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

7. That the initial deed, due to severance, be prepared in the name of the current owner(s) of the severed property who have applied for the consent. Any subsequent transfer from the original to a third party is to be properly registered at the Registry Office.

8. If all conditions of this decision have been fulfilled within one year of the date on the "Notice of Decision" and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

1. Purpose/Nature of the Proposal:

An application for consent has been received from Rick Gosling and Zubeda Nanji with respect to property located in Concession 10, Part of Lot 12, 271 Concession Road 11 West, Percy Ward.

2. Background/Rationale:

The application proposes to sever one new parcel, being approximately 25 acres (with existing residential dwelling and outbuildings), from 159 acres. The retained portion contains a small accessory building, and will be for residential building purposes.

The lands in question are designated as a combination of Rural and Greenlands within the Trent Hills Official Plan.

Zoning is a combination of Rural, Environmental Protection and Environmentally Sensitive, in the Trent Hills Zoning By-law. The Environmentally Sensitive Zoning denotes the wooded portions of the subject lands, while the Environmental Protection follows a wetland feature.

The policies within the Official Plan permit the consideration of the creation of a limited number of rural residential lots. Consideration is to be given to the proposed use of the lot, the topography of the lot and the general pattern of development in the area. The proposed parcel will have access from Concession Road 11 West, and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system.

3. Relevant Options/Consultations:

Planning staff have met with the applicant, to discuss their submission, and review the requirements.

Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as the required outside agencies and municipal departments.

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

Page 22 of 40

Page 23: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision.

6. Policy/Staff Implications:

The application for consent is being considered with regard to the policies contained in the Official Plan and the Provincial Policy Statement.

Planning Staff have been involved in the review of the application and preparation of notices and reports.

7. Major Benefits:

Not applicable.

8. Financial Analysis:

All fees have been collected in order to consider the application as complete.

9. Means of Communicating Decision:

The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 23 of 40

Page 24: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B39/2017

ERIC DUNFORD CONCESSION 14, PART LOT 3, DUNFORD’S LANE (SPLIT FROM)

CAROL BEDEK

154-B DUNFORD’S LANE (MERGE TO)

FORMER SEYMOUR WARD

Consent Application B39/2017, by Eric Dunford / Carol Bedek, with respect to property located Concession 14, Part Lot 3, Dunford’s Lane, Roll # 14 35 134 090 09900 0000 and Concession 14, Part Lot 3, 154-B Dunford’s Lane, Roll # 14 35 134 090 12200 0000, former Seymour Ward. The application is to sever one parcel from Concession 14, Part Lot 3, Dunford’s Lane, being approximately 49’ x 14.7’ (vacant land), as identified as Part 4 on the attached draft survey. The proposed severed parcel will be merged in title (PIN) to the adjacent lands at 154-B Dunford’s Lane, as identified as Part 1 on the attached draft survey. The application is not for the creation of a new developable parcel, and will only serve as a parking / turn around area for 154-B Dunford’s Lane.

Page 24 of 40

Page 25: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B39/2017 ERIC DUNFORD / CAROL BEDEK

CONCESSION 14, PART LOT 3, DUNFORD’S LANE (SPLIT FROM) CONCESSION 14, PART LOT 3, 154-B DUNFORD’S LANE

SEYMOUR WARD

LANDS SUBJECT TO SEVERANCE CONSENT

APPLICATION

Page 25 of 40

Page 26: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-38

Subject:

Severance Application B39/2017, Eric Dunford / Carol Bedek

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-38, regarding Severance Consent Application B39/2017, Eric Dunford / Carol Bedek , as information.

AND FURTHER that the Committee of Adjustment deny Consent Application B39/2017 with respect to property located at Concession 14, Part Lot 3, Dunford's Lane, Roll # 14 35 134 090 09900 0000, for application to sever one parcel, being approximately 49' x 14.7' (vacant land), in which the severed parcel will merge in title with the lands at 154-B Dunford's Lane, Roll # 14 35 134 090 12200 0000, former Seymour Ward, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B39/2017 with respect to property located at Concession 14, Part Lot 3, Dunford's Lane, Roll # 14 35 134 090 09900 0000, for application to sever one parcel, being approximately 49' x 14.7' (vacant land), in which the severed parcel will merge in title with the lands at 154-B Dunford's Lane, Roll # 14 35 134 090 12200 0000, former Seymour Ward, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the two parcels, being Part 1 and Part 4, be merged in title by consolidating the PIN. 3. That the applicant enter into an agreement with the Municipality, to state that the two

properties will remain together as one parcel, for any future real estate transactions.

Page 26 of 40

Page 27: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

4. That the applicant provides a registerable description under the requirements of the Registry Act.

5. That the applicants provide 2 copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

6. If all conditions of this decision have been fulfilled within one year of the date on the “Notice of Decision”, and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

1. Purpose/Nature of the Proposal:

An application for consent has been received from Eric Dunford / Carol Bedek, with respect to lands at Concession 14, Part Lot 3, Dunford's Lane / 154-B Dunford's Lane, former Seymour Ward.

2. Background/Rationale:

The purpose of the application is to sever one parcel, being approximately 49' x 14.7' (vacant land), to be severed from Concession 14, Part Lot 3, Dunford's Lane. The severed portion will then merge in title (PIN) to the adjacent lands at 154-B Dunford's Lane. The application is not for the creation of a new developable parcel, and will only serve as a parking / turn around area for 154-B Dunford's Lane.

Normally, if the lands were immediately adjacent to each other, they would merge and become one roll number. In this case, Eric Dunford is retaining ownership of the road / right-of-way, which serves other properties along Dunford's Lane. Therefore, the two properties can not be merged into one roll number.

Planning Staff were concerned that it may appear that the severed portion would be identified as a separate parcel and discussed the concerns with the applicant's solicitor. The solicitor advised the properties can be merged in title, and will be identified under one PIN through the Registry Office. It is further suggested that as a condition of the consent, that the applicant agrees to enter into an agreement with the Municipality, to state that the two parts must be sold together, for any future real estate transactions. This information will be kept in the property roll file for future reference.

The lands in question are designated as Greenlands within the Trent Hills Official Plan.

Zoning is a combination of Shoreline Residential and Environmental Protection within the Trent Hills Zoning By-law. The Environmental Protection Zone is due to the proximity of the Trent River / Lake Seymour.

As the application is for a lot addition, and not for the creation of a new parcel, it will not create any non-conformance with the Official Plan.

3. Relevant Options/Consultations:

Planning staff have met with the applicant, to discuss their submission, and review the requirements.

Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as to the required outside agencies and municipal departments.

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

Page 27 of 40

Page 28: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision.

6. Policy/Staff Implications:

The application for consent is being considered with regard to the policies contained in the Official Plan.

Planning staff have been involved in the review of the application and preparation of notices and reports.

7. Major Benefits:

Not applicable.

8. Financial Analysis:

All applicable fees have been collected to consider the application as complete.

9. Means of Communicating Decision:

The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 28 of 40

Page 29: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B40/2017

JOHN ROSS CONCESSION 13, PART LOTS 7 AND 8, BIRCH POINT ROAD (SPLIT FROM)

TOM FOX

116 BIRCH POINT ROAD (MERGE TO)

FORMER SEYMOUR WARD

Consent Application B40/2017, by John Ross / Tom Fox, with respect to property located Concession 13, Part Lots 7 and 8, Birch Point Road, Roll # 14 35 134 090 02200 0000 and Concession 13, Part Lot 7, 116 Birch Point Road, Roll # 14 35 134 090 02600 0000, former Seymour Ward. The application is to sever one parcel from Concession 13, Part Lots 7 and 8, Birch Point Road, being approximately 80’ x 50’ (vacant land). The proposed severed parcel will serve as a lot addition to the adjacent lands at 116 Birch Point Road.

Page 29 of 40

Page 30: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B40/2017 JOHN ROSS / TOM FOX

CONCESSION 13, PART LOTS 7 AND 8, BIRCH POINT ROAD(SPLIT FROM) 116 BIRCH POINT ROAD (MERGE TO)

SEYMOUR WARD

LANDS SUBJECT TO SEVERANCE CONSENT

APPLICATION

106

116

132

158

200

224

244

120

150

168 186

192

218

24832

210

PROPOSED RETAINED PORTION (APPROX 49 ACRES)

VACANT LAND

PROPOSED SEVERED PORTION TO MERGE WITH

116 BIRCH POINT ROAD

PROPOSED SEVERED PARCEL (APPROX. 80’ X 50’)

VACANT LAND

Page 30 of 40

Page 31: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-39

Subject:

Severance Application B40/2017, John Ross / Tom Fox

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-39, regarding Severance Consent Application B40/2017, John Ross / Tom Fox, as information.

AND FURTHER that the Committee of Adjustment deny Consent Application B40/2017 with respect to property located at Concession 13, Part Lots 7 and 8, Birch Point Road, Roll # 14 35 134 090 02200 0000, for application to sever one parcel, being approximately 80' x 50' (vacant land), in which the severed parcel will serve as a lot addition, to merge with the adjacent lands at 116 Birch Point Road, Roll # 14 35 134 090 02600 0000, former Seymour Ward, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B40/2017 with respect to property located at Concession 13, Part Lots 7 and 8, Birch Point Road, Roll # 14 35 134 090 02200 0000, for application to sever one parcel, being approximately 80' x 50' (vacant land), in which the severed parcel will serve as a lot addition, to merge with the adjacent lands at 116 Birch Point Road, Roll # 14 35 134 090 02600 0000, former Seymour Ward, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the merger of the severed parcel, approximately 80' x 50', being a portion of Concession

13, Part Lots 7 and 8, Birch Point Road, known as Roll No. 14 35 134 090 02200 0000, shall be conveyed to and merge with the neighbouring property at 116 Birch Point Road, known as

Page 31 of 40

Page 32: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Roll No. 14 35 134 090 02600 0000, former Seymour Ward, Municipality of Trent Hills, and that the appropriate merging statement appear on the deed.

3. That the applicant provides a registerable description under the requirements of the Registry Act.

4. That the applicants provide 2 copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

5. If all conditions of this decision have been fulfilled within one year of the date on the “Notice of Decision”, and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

1. Purpose/Nature of the Proposal:

An application for consent has been received from John Ross / Tom Fox, with respect to lands at Concession 13, Part Lots 7 and 8, Birch Point Road / 116 Birch Point Road, former Seymour Ward.

The purpose of the application is to sever one parcel, being approximately 80' x 50' (vacant land), to be severed from Concession 13, Part Lots 7 and 8, Birch Point Road. The severed portion will then serve as a lot addition and merge to 116 Birch Point Road.

2. Background/Rationale:

The lands in question are designated as Greenlands within the Trent Hills Official Plan.

Zoning is a combination of Shoreline Residential, Environmental Protection and Environmentally Sensitive within the Trent Hills Zoning By-law. The Environmental Protection Zone is due to the proximity of the Trent River.

As the application is for a lot addition, and not for the creation of a new parcel, it will not create any non-conformance with the Official Plan.

3. Relevant Options/Consultations:

Planning staff have met with the applicant, to discuss their submission, and review the requirements.

Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as to the required outside agencies and municipal departments.

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision.

6. Policy/Staff Implications:

The application for consent is being considered with regard to the policies contained in the Official Plan.

Planning staff have been involved in the review of the application and preparation of notices and reports.

7. Major Benefits:

Page 32 of 40

Page 33: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

Not applicable.

8. Financial Analysis:

All applicable fees have been collected to consider the application as complete.

9. Means of Communicating Decision:

The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 33 of 40

Page 34: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

SEVERANCE CONSENT APPLICATION B41/2017 SCOTT AND PAULA ANDERSON

CONCESSION 11, PART LOT 2, 765 12TH LINE WEST / EDGAR ROAD FORMER SEYMOUR WARD

Consent Application B41/2017 by Scott and Paula Anderson, with respect to property located in Concession 11, Part Lot 2, 765 12th Line West / Edgar Road, Seymour Ward, Roll # 14 35 134 090 00300 0000. The application proposes to create one (1) new parcel, being approximately 50 acres (vacant land), from approximately 152 acres, for residential building purposes. The retained portion contains the existing residential dwelling and outbuildings. COMMENTS RECEIVED: Neil Allanson, Manager of Roads and Urban Services: The proposed retained parcel has an existing residential entrance. The proposed severed parcel does provide an adequate location for a “site specific” residential entrance. Further entrance details (culvert, ditching, brushing, etc., if required) will be provided by Public Works staff, upon the formal application of an entrance permit.

Page 34 of 40

Page 35: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

ED

GA

R R

OA

D

ED

GA

R R

OA

D

11TH LINE WEST

11TH LINE WEST

12TH LINE WEST

12TH LINE WEST

12TH LINE WEST

FRIENDLY ACRES ROAD

11TH LINE WEST

MA

LC

OLM

RO

AD

960

282

705

712

846

135

321

352

1118

101

590

314

765

843

273

273

56

196

351

SEVERANCE CONSENT APPLICATION B41/2017 SCOTT AND PAULA ANDERSON

765 12TH LINE WEST / EDGAR ROAD FORMER TOWNSHIP OF SEYMOUR

LANDS SUBJECT TO

SEVERANCE CONSENT

APPLICATION

PROPOSED RETAINED PARCEL

(APPROX. 101 ACRES)

WITH EXISTING RESIDENTIAL DWELLING AND OUTBUILDINGS

PROPOSED SEVERED PARCEL (APPROXIMATELY 51 ACRES)

VACANT LAND

Page 35 of 40

Page 36: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-40

Subject:

Severance Consent Application B41/2017, Scott and Paula Anderson

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-40, regarding Severance Consent Application B41/2017, Scott and Paula Anderson, as information;

AND FURTHER that the Committee of Adjustment deny Consent Application B41/2017, with respect to property located in Concession 11, Part of Lot 2, 765 12th Line West / Edgar Road, Seymour Ward, Roll # 14 35 134 090 00300 0000, for application to sever one new parcel, being approximately 51 acres (vacant land), from approximately 152 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B41/2017, with respect to property located in Concession 11, Part of Lot 2, 765 12th Line West / Edgar Road, Seymour Ward, Roll # 14 35 134 090 00300 0000, for application to sever one new parcel, being approximately 51 acres (vacant land), from approximately 152 acres, with the following conditions.

1. That $750.00 for each new vacant building lot created, is paid cash-in-lieu of parkland pursuant to Section 53 of the Planning Act, RSO 1990, as amended, and the Municipality of Trent Hills By-law 2001-42.

2. That all outstanding and current taxes on the subject property are paid in full. 3. That the applicant meet all the requirements of the Municipality of Trent Hills Public Works

Department, for determining an approved location(s) for a residential entrance.

Page 36 of 40

Page 37: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

4. That a parcel of land measuring 33 feet wide along the frontage of the severed lands (as measured from the centre line of the travelled road) for road widening purposes be dedicated (in the form of a registered deed) in favour of the Municipality and conveyed at no cost to the Municipality. This requirement must be addressed to the satisfaction of the Public Works Department and may be determined to be unnecessary by an Ontario Land Surveyor.

5. That the applicant provide a registerable description under the requirements of the Registry Act.

6. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.

7. That the initial deed, due to severance, be prepared in the name of the current owner(s) of the severed property who have applied for the consent. Any subsequent transfer from the original to a third party is to be properly registered at the Registry Office.

8. If all conditions of this decision have been fulfilled within one year of the date on the "Notice of Decision" and all authorities concerned have so notified the Clerk in writing, the Clerk is authorized to issue the Certificate of Consent.

1. Purpose/Nature of the Proposal:

An application for consent has been received from Scott and Paula Anderson, with respect to property located in Concession 11, Part of Lot 2, 765 12th Line West / Edgar Road, Seymour Ward.

The application proposes to sever one new parcel, being approximately 51 acres (vacant land), from 152 acres. The retained portion contains the existing residential dwelling and outbuildings.

2. Background/Rationale:

The application proposes to create one new parcel, being approximately 51 acres of vacant land, for residential building purposes. The retained portion is approximately 101 acres with the existing residential dwelling and outbuildings.

The lands in question are designated as a combination of Prime Agricultural, Rural and Greenlands within the Trent Hills Official Plan. The majority of the Prime Agricultural Designation is remaining with the retained parcel, to remain in accordance with applicable policies. The retained parcel is considered as a viable farm parcel, exceeding the required 40 hectares / 99 acres.

Zoning is a combination of Agricultural, Rural, Environmental Protection and Environmentally Sensitive, in the Trent Hills Zoning By-law. The Environmental Protection Zoning follows a wetland feature, while the Environmentally Sensitive Zoning denotes the wooded areas on the subject property.

The policies within the Official Plan permit the consideration of the creation of a limited number of rural residential lots. Consideration is to be given to the proposed use of the lot, the topography of the lot and the general pattern of development in the area. The proposed parcel will have access from Edgar Road or the 11th Line West, and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system.

3. Relevant Options/Consultations:

Planning staff have met with the applicant, to discuss their submission, and review the requirements.

Furthermore, the Notice of Public Meeting has been circulated to the public in the appropriate manner, as well as the required outside agencies and municipal departments.

Page 37 of 40

Page 38: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

The process to consider consent applications is being carried out in accordance with the process as set out in the Planning Act. It involves pre-consultation, filing of a complete application, public and agency circulation, consideration at a public meeting and circulation of the decision.

6. Policy/Staff Implications:

The application for consent is being considered with regard to the policies contained in the Official Plan and the Provincial Policy Statement.

Planning Staff have been involved in the review of the application and preparation of notices and reports.

7. Major Benefits:

Not applicable.

8. Financial Analysis:

All fees have been collected in order to consider the application as complete.

9. Means of Communicating Decision:

The Notice of Decision will be circulated to the applicant and any agency or individual who has requested a copy.

Page 38 of 40

Page 39: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

S T A F F R E P O R T

Meeting Date: 07 Nov 2017

To:

Committee of Adjustment

Prepared By:

Jim Peters

Reviewed/Approved By:

Lynn Phillips

Department Report No:

COA-2017-41

Subject:

Condition regarding covenants for surface water drainage

Corporate Strategic Plan:

Communications

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-41, with respect to the condition regarding covenants for surface water drainage, as information;

AND FURTHER that the Committee of Adjustment support the condition to register covenants for surface water drainage from County Roads;

AND FURTHER that the Committee of Adjustment support that this condition be extended to municipal roads.

1. Purpose/Nature of the Proposal:

To provide information regarding the purpose of a condition requested by the County as it applies to lot creation.

2. Background/Rationale:

When severance applications to create residential lots are considered along County Roads, one of the conditions the County requests reads as follows:

"That the applicant shall register sufficient covenants on the title of the severed and retained portions to protect overland surface water drainage patterns to ensure that drainage from the adjacent County road allowance properties shall remain unimpeded over the properties."

Page 39 of 40

Page 40: Committee of Adjustment - 07 Nov 2017 - Home - Trent … OF THE MUNICIPALITY OF TRENT HILLS COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, NOVEMBER 7, 2017 at 7:00 P.M. HASTINGS CIVIC CENTRE

The Director of Planning met with the Roads Manager regarding the purpose of this condition. He indicated that it works in conjunction for the condition for an entrance meeting County requirements.

The covenant on the title of the property means that the property owners are responsible for maintaining overland drainage patterns so that they continue as they are.

The Roads Manager indicated that this is a condition that should be added to lots created along municipal roads as well. There are more issues arising with overland drainage in recent years and especially this year due to the amount of rainfall. In many cases, drainage exists but is changed as landscaping occurs and than leads to an issue with drainage. When this occurs, the residents have an expectation that the municipality will address the issue.

Conditions regarding surface water drainage covenants and installation of entrances would clearly establish the property owners responsibility for those elements.

Jim Orr has applied for two Consents along County Road 25 to which this condition applies. He has been concerned with the implications of the condition. As noted, this is a standard condition that the County applies for all lots created along County roads. This does not impose anything that is not already in place regarding surface drainage. The Municipality can provide the proper wording for the covenant to appear on transfer documents for the lots created.

3. Relevant Options/Consultations:

Not applicable.

4. Risk/Safety Considerations:

Not applicable.

5. Legal Implications/Legislative Requirements:

Not applicable.

6. Policy/Staff Implications:

This represents a policy change for the Municipality to start adding this to the conditions of Consent Applications for lots along municipal roads. This will work in concert with changes to the Entrance Permit process.

7. Major Benefits:

The change will benefit the Municipality by identifying the importance of surface water drainage patterns and by identifying the owners responsibility through the covenant on the deed.

8. Financial Analysis:

Not applicable.

9. Means of Communicating Decision:

The decision of Council will be communicated to Mr. Orr, and will become a policy point to be communicated to future applicants.

Page 40 of 40