committee of adjustment - 06 jun 2017

CORPORATION OF THE MUNICIPALITY OF TRENT HILLS

COMMITTEE OF ADJUSTMENT AGENDA

TUESDAY, JUNE 6, 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 - 8 a) Committee of Adjustment Minutes - May 2, 2017

Committee of Adjustment - 02 May 2017 - Minutes - Pdf

6. APPLICATIONS:

9 - 13 a) COA-2017-13

Severance Consent Application B13/2017, Donna Brown

Severance Consent B13 2017, Brown

COA-2017-13, Severance Consent Application B13/2017, Donna Brown - Pdf

14 - 18 b) COA-2017-14

Severance Consent Application B14/2017, Gary Stephens

Severance Consent B14 2017, Stephens

COA-2017-14, Severance Consent Application B14/2017, Gary Stephens - Pdf

19 - 24 c) COA-2017-15

Severance Consent Applications B15/2017 and B16/2017, Roger White

Severance Consent B15 and B16 2017, White

COA-2017-15, Severance Consent Applications B15/2017 and B16/2017, Roger White - Pdf

25 - 29 d) COA-2017-16

Severance Consent Application B17/2017, Wayne Newman

Severance Consent B17 2017, Newman

COA-2017-16, Severance Consent Application B17/2017, Wayne Newman - Pdf

30 - 34 e) COA-2017-17

Minor Variance Application A02/2017, Michael Olscher

Minor Variance A02 2017, Olscher

COA-2017-17, Minor Variance Application A02/2017, Michael Olscher - Pdf

35 - 39 f) COA-2017-18

Minor Variance Application A03/2017, Morgan Broekoven-Fiene

and Cassie Gardner

Minor Variance A03 2017, Broekoven-Fiene and Gardner

COA-2017-18, Minor Variance Application A03/2017, Morgan Broekoven-Fiene and Cassie Gardner - Pdf

7. OTHER BUSINESS:

8. ADJOURNMENT:

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Committee of Adjustment Meeting Minutes May 2, 2017

CORPORATION OF THE MUNICIPALITY OF TRENT HILLS

COMMITTEE OF ADJUSTMENT MINUTES

TUESDAY, MAY 2, 2017

HASTINGS CIVIC CENTRE

6 ALBERT STREET EAST, HASTINGS, ONTARIO

Present: Mayor Hector Macmillan

Deputy Mayor Bob Crate

Councillor Rosemary Kelleher-MacLennan

Councillor Bill Thompson

Councillor Catherine Redden

Councillor Rick English

Councillor Ken Tully

Absent:

Staff: Lynn Phillips, Chief Administrative Officer

Jim Peters, Director of Planning

Neil Allanson, Manager of Roads and Urban Services

Tim Blake, Fire Chief

Kira Mees, Community Development Officer

Peter Burnett, Community Recreation Officer

Press: Sue Dickens

Others: Jessica Mackenzie, Zubeda Nanji

1. CALL TO ORDER:

a) The meeting was called to order at 7:30 p.m. with Councillor Rosemary Kelleher-MacLennan 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 Deputy Mayor Bob Crate SECONDED BY Councillor Rick English

CA21-2017

BE IT RESOLVED that the agenda for the meeting of May 2, 2017, be approved as presented.

“CARRIED”

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

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a) None were declared.

5. MINUTES:

a) Committee of Adjustment Minutes - April 4, 2017

MOVED BY Councillor Catherine Redden SECONDED BY Councillor Ken Tully

CA22-2017

BE IT RESOLVED that the minutes from the April 4, 2017 meeting, be approved as presented.

“CARRIED”

6. APPLICATIONS:

a) SR-1060

COA-2017-11 Severance Application B11/2017, Joseph Carlaw / David and Jessica Mackenzie

MOVED BY Mayor Hector Macmillan SECONDED BY Councillor Bill Thompson

CA23-2017

IN THE MATTER of Consent Application B11/2017, by Joseph Carlaw / David and Jessica Mackenzie, with respect to property located at Concession 14, Part Lot 21, 61 Evegroen Road, Roll # 14 35 134 070 03200 0000 and 171 Evegroen Road, Roll # 14 35 134 070 03255 0000, former Seymour Ward. The application is to sever one parcel from 61 Evegroen Road, being approximately 0.88 acres (vacant land) which will serve as a lot addition and merge to the adjacent lands, being 171 Evegroen Road.

Jessica Mackenzie was in attendance to discuss the application.

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

Jim Peters, Director of Planning, presented Staff Report COA-2017-11. An application for consent has been received from Joseph Carlaw / David and Jessica Mackenzie, with respect to lands at Concession 14, Part Lot 21, 61 Evegroen Road / 171 Evegroen Road, former Seymour Ward. The purpose of the application is to sever one parcel, being approximately 0.88 acres (vacant land), to be severed from Concession 14, Part Lot 21, 61 Evegroen Road. The severed portion will then serve as a lot addition and merge to 171 Evegroen Road. The lands in question are designated as Rural and Greenlands within the Trent Hills Official Plan. Zoning for the severed parcel is Rural, Environmental Protection and Environmentally Sensitive within the Trent Hills Zoning By-law. The lands located at 171 Evegroen Road are zoned as Rural Residential. As the severed parcel is merging with these lands, in order to keep the zoning consistent and in conformance with the Zoning By-law, the entire parcel at 171 Evegroen Road will remain zoned Rural

Page 2 of 6

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Residential. 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. 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. 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. 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.

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-2017-11, regarding Severance Consent Application B11/2017, Joseph Carlaw / David and Jessica Mackenzie, as information.

AND FURTHER that the Committee of Adjustment approve Consent Application B11/2017 with respect to property located at Concession 14, Part Lot 21, 61 Evegroen Road, Roll # 14 35 134 070 03200 0000, for application to sever one parcel, being approximately 0.88 acres (vacant land), in which the severed parcel will serve as a lot addition, to merge with the adjacent lands at 171 Evegroen Road, Roll # 14 35 134 070 03255 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 0.88 acres, being a portion of Concession 14, Part Lot 21, 61 Evegroen Road, known as Roll No. 14 35 134 070 03200 0000, shall be conveyed to and merge with the neighbouring property at 171 Evegroen Road, known as Roll No. 14 35 134 070 03255 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

Page 3 of 6

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Certificate of Consent.

“CARRIED”

b) SR-1061

COA-2017-12 Severance Consent Application B12/2017, Richard Gosling and Zubeda Nanji

MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Catherine Redden

CA24-2017

IN THE MATTER of Consent Application B12/2017 by Richard Gosling and Zubeda Nanji, with respect to property located in Concession 13, Part Lot 17, 1948 13th Line East, Seymour Ward, Roll # 14 35 134 070 05700 0000. The application proposes to create one (1) new parcel, being approximately 7.1 acres (with the existing residential dwelling and outbuildings), from approximately 147.71 acres. The retained portion is vacant land. Zoning Amendment Application C14/2017 has been submitted in conjunction with this application.

Zubeda Nanji was in attendance to discuss the application.

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

Jim Peters, Director of Planning, presented Staff Report COA-2017-12. An application for consent has been received with respect to property located at 1948 13th Line East, Seymour Ward. The application proposes to sever one new parcel, being approximately 7.1 acres (with the existing residential dwelling and outbuildings), from approximately 147.71 acres. The retained portion is 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 Environmentally Sensitive Zoning denotes a heavily wooded portion of the property, 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 retained parcel of vacant land, will have access from the 13th Line East, and will be eligible for the construction of a single family residential dwelling, serviced by a private well and septic system. Zoning Amendment Application C14/2017 has been filed in conjunction with the Severance Consent Application to ensure the proper zoning is in place, if provisional consent is granted. 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

Page 4 of 6

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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 retained 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.

Applicant Comments: Nothing further.

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

Committee Comments: Councillor Thompson expressed concern over drainage on the property, and the location of the residential entrance. The Roads Manager and Director of Planning will conduct a further site visit, to ensure Condition #3 can be met, prior to the severance deeds being stamped.

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-12, regarding Severance Consent Application B12/2017, Richard Gosling and Zubeda Nanji, as information;

AND FURTHER that the Committee of Adjustment approve Consent Application B12/2017, with respect to property located at 1948 13th Line East, Seymour Ward, Roll # 14 35 134 070 05700 0000, for application to sever one new parcel, being approximately 7.1 acres (with the existing residential dwelling and outbuildings) 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.


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 rezone the severed portion of land to conform to the Municipality of Trent Hills Zoning By-

Page 5 of 6

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law 2010-105. 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”

7. OTHER BUSINESS:

a) No other business.

8. ADJOURNMENT:

MOVED BY Councillor Bill Thompson SECONDED BY Deputy Mayor Bob Crate

CA25-2017

BE IT RESOLVED that this meeting of the Committee of Adjustment be adjourned at 7:45 p.m.

“CARRIED”

Page 6 of 6

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SEVERANCE CONSENT APPLICATION B13/2017 DONNA BROWN

1192 10TH LINE WEST / 1222 10TH LINE WEST FORMER SEYMOUR WARD

Consent Application B13/2017 by Donna Brown, with respect to property located at 1192 10th Line West (1.0 acre with existing residential dwelling), Roll # 14 35 134 020 07101 0000 and 1222 10th Line West (99 acres with existing residential dwelling and outbuildings), Roll # 14 35 134 020 07100 0000, Seymour Ward. The application is for a technical severance, to recreate two separate parcels, which have merged in title under the name of the applicant.

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SEVERANCE CONSENT APPLICATION B13/2017 DONNA BROWN

1192 10TH LINE WEST / 1222 10TH LINE WEST FORMER TOWNSHIP OF SEYMOUR

LANDS SUBJECT TO SEVERANCE CONSENT

APPLICATION

10TH LINE WEST

CO

UN

TY

RO

AD

30

960

1040

10221071

1118

1215

1133

1222

1192

7505

1256

7484

7733

7539

PROPOSED SEVERED PORTION (1.0 ACRES)

EXISTING RESIDENTIAL DWELLING

PROPOSED RETAINED PORTION (99 ACRES)

EXISTING RESIDENTIAL DWELLING AND OUTBUILDINGS

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S T A F F R E P O R T

Meeting Date: 06 Jun 2017

To:

Committee of Adjustment

Prepared By:

Liz Mitchell

Reviewed/Approved By:

Jim Peters, Lynn Phillips

Department Report No:

COA-2017-13

Subject:

Severance Consent Application B13/2017, Donna Brown

Corporate Strategic Plan:

Communications, Customer Service

Council Recommendation:

BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-13, regarding Severance Consent Application B13/2017, Donna Brown, for information;

AND FURTHER that the Committee of Adjustment deny Consent Application B13/2017 by Donna Brown, with respect to property located at 1192 10th Line West (1.0 acre with existing residential dwelling) Seymour Ward, Roll # 14 35 134 020 07101 0000 and 1222 10th Line West (99 acres with existing residential dwelling and outbuildings), Seymour Ward, Roll # 14 35 134 020 07100 0000, for application to recreate two separate parcels which have merged in title, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B13/2017 by Donna Brown, with respect to property located at 1192 10th Line West (1.0 acre with existing residential dwelling) Seymour Ward, Roll # 14 35 134 020 07101 0000 and 1222 10th Line West (99 acres with existing residential dwelling and outbuildings), Seymour Ward, Roll # 14 35 134 020 07100 0000, for application to recreate two separate parcels which have merged in title, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the applicant provide a registerable description under the requirements of the Registry

Act. 3. That the applicants provide 2 copies of a registered survey of the subject property, prior to the

issuance of the Certificate of Consent.

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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 Donna Brown with respect to property located at 1192 10th Line West (1.0 acre with existing residential dwelling) and 1222 10th Line West (99 acres with existing residential dwelling and outbuildings), Seymour Ward.

2. Background/Rationale:

The purpose of the application is to sever two parcels which have merged under the ownership of the applicant. The severance will return the two previously separate parcels to separate ownership status. Both parcels have separate roll numbers, and receive separate tax bills.

The severed portion is 1.0 acre with an existing residential dwelling. The retained portion is 99 acres with the existing residential dwelling and outbuidlings. The proposed severance does not change any existing lot lines, and each parcel currently has a separate roll number.

The lands in question are designated as Prime Agricultural and Greenlands in the Official Plan. As the lots have been in existence for several years and unexpectedly merged in title, the application conforms to the policies as outlined in the Official Plan and Provincial Policy Statement.

The zoning for the severed parcel is Rural Residential. The zoning for the retained parcel is Agricultural, Environmental Protection and Environmentally Sensitive. The correct Zoning is in place for both parcels, in accordance with the Trent Hills Zoning By-law.

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 and the Provincial Policy Statement.

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

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7. Major Benefits:

Not applicable.

8. Financial Analysis:

All applicable fees have been paid, 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.

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SEVERANCE CONSENT APPLICATION B14/2017 GARY STEPHENS

1196 COUNTY ROAD 8 FORMER SEYMOUR WARD

Consent Application B14/2017 by Gary Stephens, with respect to property located at 1196 County Road 8, Seymour Ward, Roll # 14 35 134 030 03900 0000. The application proposes to create one (1) new parcel, being approximately 2.0 acres (with existing residential dwelling and outbuildings), from approximately 148.5 acres. The retained portion contains existing outbuildings, which will be removed by the purchaser. Zoning Amendment Application C18/2017 has been submitted in conjunction with this application. COMMENTS RECEIVED: County of Northumberland: In response to the above noted circulation, we have reviewed the application and would request that the following be included as conditions of consent:

1. 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.

2. That the applicant shall layout and dedicate by deed to the County of Northumberland a strip of land ensuring 15.0 metres (50 feet) from the centerline of County Road 8, along the frontage of the severed and the retained portions, for road widening purposes.

Please send a copy of the Notice of Decision to the County office for our records.

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COUNTY ROAD 8

1196

1222

1147

SEVERANCE CONSENT APPLICATION B14/2017 GARY STEPHENS

1196 COUNTY ROAD 8 FORMER TOWNSHIP OF SEYMOUR

LANDS SUBJECT TO

SEVERANCE CONSENT

APPLICATION

PROPOSED RETAINED PARCEL

APPROX. 146 ACRES

WITH EXISTING OUTBUILDINGS—TO BE REMOVED

PROPOSED SEVERED PARCEL

APPROX. 2 ACRES (WITH EXISTING

RESIDENTIAL DWELLING

AND OUTBUILDINGS)

COUNTY ROAD 8

COUNTY ROAD 8

CO

UN

TY

RO

AD

8

BR

AD

LE

Y B

AY

RO

AD

JAMES ROAD

BR

AD

LE

Y B

AY

RO

AD

1378

1196

1222

1084

1120

1107

1082

802

1293

1147

1093

661

950

1233

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To:


Prepared By:

Liz Mitchell




COA-2017-14

Subject:

Severance Consent Application B14/2017, Gary Stephens




BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-14, regarding Severance Consent Application B14/2017, Gary Stephens, as information;

AND FURTHER that the Committee of Adjustment deny Consent Application B14/2017 by Gary Stephens, with respect to property located at 1196 County Road 8, Seymour Ward, Roll # 14 35 134 030 03900 0000, for application to sever one new parcel, being approximately 2.0 acres (with existing surplus residential dwelling and outbuildings) from 148.5 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B14/2017 by Gary Stephens, with respect to property located at 1196 County Road 8, Seymour Ward, Roll # 14 35 134 030 03900 0000, for application to sever one new parcel, being approximately 2.0 acres (with existing surplus residential dwelling and outbuildings) from 148.5 acres, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the applicant rezone the severed portion and retained portion of land to conform to the

Municipality of Trent Hills Zoning By-law 2010-105 and the Provincial Policy Statement. 3. That the applicant meet all the requirements of the County of Northumberland, for determining

an approved location(s) for an agricultural entrance. 4. That the applicant shall dedicate to the County of Northumberland sufficient land across the

retained / severed portion for the purpose of road widening and/or road alignment. The

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applicant shall be responsible for all costs associated with surveying, deed preparation and registration.

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





An application for consent has been received from Gary Stephens, with respect to property located 1196 County Road 8, Seymour Ward. The purpose of the application is to sever approximately 2.0 acres (with existing surplus residential dwelling) from 148.5 acres. The retained parcel contains an existing outbuilding, which will be removed by the purchaser.

This application has been submitted in conjunction with Zoning Amendment Application C18/2017.


The purpose of the application is for the creation of one new lot, being approximately 2.0 acres containing the existing surplus residential dwelling.

The remaining lands are being sold to a local farming operation, and will continue to be used as active agricultural lands. The purchaser is aware that the existing outbuilding needs to be removed, as it does not meet the minimum setback requirements to the proposed lot line. In order to complete the real estate transaction in a timely fashion, staff have not included the demolition of the outbuilding as a condition of the completion of the severance. Written correspondence will be provided to both the applicant and the purchaser, to clearly indicate the building must be removed within one (1) year of the issuance of the Notice of Decision.

Initially, the proposed sketch included a forty (40) foot laneway to the east of the severed parcel. It was the intent to provide a field access for the purchaser. Since that time, the purchaser has advised this access is not required, as there is sufficient road frontage to provide adequate access. Therefore, the application and sketch have been adjusted accordingly.

The subject lands are designated as Prime Agricultural Lands within the Official Plan.

Zoning is a combination of Agricultural, Environmental Protection and Environmentally Sensitive within the Trent Hills Zoning By-law. The Environmentally Sensitive Zoning denotes a heavily wooded area on the subject property, while the Environmental Protection indicates a small wetland feature.

Under the Provincial Policy Statement and Official Plan policies, a surplus farm dwelling can be severed. The Provincial Policy Statement also states that due to the Prime Agricultural designation, the balance of the lands are to be protected from future residential use. Therefore, if the Consent is approved, it should be with the condition to rezone the retained portion to Agricultural Exception (*) to prohibit future residential development.

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The applicants have submitted this zoning amendment application in conjunction with the severance application.


Planning staff have met with the applicants to discuss the application, and review the requirements.



Not applicable.






7. Major Benefits:

Not applicable.


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



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SEVERANCE CONSENT APPLICATIONS B15/2017 AND B16/2017 ROGER WHITE

36 O’MELIA LAKE ROAD FORMER PERCY WARD

Consent Application B15/2017 and B16/2017 by Roger White, with respect to property located in Concession 10, Part Lot 10, 36 O’Melia Lake Road, Percy Ward, Roll # 14 35 229 040 09350 0000. Severance Consent Application B15/2017 proposes to create one (1) new parcel, being approximately 5.75 acres (vacant land), from approximately 19.47 acres, for residential building purposes. Severance Consent Application B16/2017 proposes to create one (1) new parcel, being approximately 8.0 acres (vacant land), from approximately 19.47 acres, for residential building purposes. Zoning Amendment Application C19/2017 has been submitted in conjunction with these applications. COMMENTS RECEIVED: County of Northumberland: (B15/2017) In response to the above noted circulation, we have reviewed the application and would request that the following be included as conditions of consent:

1. 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.

2. That the applicant shall layout and dedicate by deed to the County of Northumberland a strip of land ensuring 15.0 metres (50 feet) from the centerline of County Road 8, along the frontage of the severed and the retained portions, for road widening purposes.

Please send a copy of the Notice of Decision to the County office for our records. Manager of Roads and Urban Services: (B16/2017) 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 field entrances if any, will not be acceptable. The entrance will have to be new and meet the Trent Hills Entrance and Setback Policy requirements. The existing entrance on the retained parcel, does not meet the requirements of the Trent Hills Entrance and Setback Policy. Therefore, it is incomplete at this time.

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CO

UN

TY R

OAD

45

CO

UN

TY R

OAD

45

364

380

11587

11484

36

35

18

11404

11383

SEVERANCE CONSENT APPLICATIONS B15/2017 AND B16/2017 ROGER WHITE

36 O’MELIA LAKE ROAD FORMER TOWNSHIP OF PERCY

LANDS SUBJECT TO

SEVERANCE CONSENT

APPLICATIONS


(APPROX. 5.75 ACRES)

B16/2017—PROPOSED SEVERED PARCEL (APPROXIMATELY 8

ACRES) VACANT LAND

B15/2017—PROPOSED SEVERED PARCEL (APPROXIMATELY 5.75

ACRES) VACANT LAND

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To:


Prepared By:

Liz Mitchell




COA-2017-15

Subject:

Severance Consent Applications B15/2017 and B16/2017, Roger White




BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-15, regarding Severance Consent Applications B15/2017 and B16/2017, Roger White, as information;

SEVERANCE CONSENT APPLICATION 15/2017

AND FURTHER that the Committee of Adjustment deny Consent Application B15/2017, with respect to property located in Concession 10, Part of Lot 10, 36 O'Melia Lake Road, Percy Ward, Roll # 14 35 229 040 09350 0000, for application to sever one new parcel, being approximately 5.75 acres (vacant land), for residential building purposes, from 19.47 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B15/2017, with respect to property located in Concession 10, Part of Lot 10, 36 O'Melia Lake Road, Percy Ward, Roll # 14 35 229 040 09350 0000, for application to sever one new parcel, being approximately 5.75 acres (vacant land), for residential building purposes, from 19.47 acres, with the following conditions.



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3. That the applicant meet all the requirements of the County of Northumberland, for determining an approved location(s) for a residential entrance.

4. That the applicant shall dedicate to the County of Northumberland sufficient land across the severed portion for the purpose of road widening and/or road alignment. The applicant shall be responsible for all costs associated with surveying, deed preparation and registration.

5. That the applicant rezone the severed parcel of the property to Rural Residential, to conform to the Municipality of Trent Hills Zoning By-law 2010-105.


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



SEVERANCE CONSENT APPLICATION B16/2017

AND FURTHER that the Committee of Adjustment deny Consent Application B16/2017, with respect to property located in Concession 10, Part of Lot 10, 36 O'Melia Lake Road, Percy Ward, Roll # 14 35 229 040 09350 0000, for application to sever one new parcel, being approximately 8.0 acres (vacant land), for residential building purposes, from 19.47 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B16/2017, with respect to property located in Concession 10, Part of Lot 10, 36 O'Melia Lake Road, Percy Ward, Roll # 14 35 229 040 09350 0000, for application to sever one new parcel, being approximately 8.0 acres (vacant land), for residential building purposes, from 19.47 acres, with the following conditions.


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 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 rezone the severed and retained parcel of the property to Rural Residential, to conform to the Municipality of Trent Hills Zoning By-law 2010-105.


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

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Two applications for consent have been received with respect to property located in Concession 10, Part of Lot 10, 36 O'Melia Lake Road, Percy Ward.

Severance Consent Application B15/2017 proposes to create one new parcel, being approximately 5.75 acres in size, of vacant land.

Severance Consent Application B16/2017 proposes to create one new parcel, being approximately 8.0 acres in size, of vacant land.

The retained portion is approximately 5.75 acres, and contains the existing residential dwelling and accessory building.

This application has been filed in conjunction with Zoning Amendment Application C19/2017.


The application proposes to create two new parcels, being approximately 5.75 acres and 8.0 acres each in size, for residential building purposes. The retained portion contains the existing residential dwelling and accessory outbuilding.

The property in question is designated as Rural within the Trent Hills Official Plan. Zoning is Rural within the Trent Hills Zoning By-law.

Planning staff have advised the applicant that due to the livestock barn located at 1184 County Road 45, Minimum Distance Separation applies to any potential residential development on the proposed parcel created under Severance Consent Application B15/2017. Staff have completed the required distance using the OMAFRA program, which specifies any residential development must be a minimum of 595 feet from the adjacent barn. Therefore, a small building envelope appears to be available in the south east corner of the proposed lot.

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 severed parcels will be eligible for a residential building permit, serviced by an individual well and septic system, with access off County Road 45 (B15/2017) and O'Melia Lake Road (B16/2017),

The applicant has submitted a zoning amendment application in conjunction with the severance applications. The Zoning Amendment proposes to rezone the severed and retained portions to Rural Residential.


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

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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.


Not applicable.





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

7. Major Benefits:

Not applicable.


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



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SEVERANCE CONSENT APPLICATION B17/2017 WAYNE NEWMAN

1470 9TH LINE WEST FORMER SEYMOUR WARD

Consent Application B17/2017 by Wayne Newman, with respect to property located at 1470 9th Line West, Seymour Ward, Roll # 14 35 134 010 20200 0000. The application proposes to create one (1) new parcel, being approximately 5.0 acres (with existing residential dwelling and outbuildings), from approximately 120 acres. The retained portion is vacant land. Zoning Amendment Application C21/2017 has been submitted in conjunction with this application. COMMENTS RECEIVED:

The proposed retained parcel does provide an adequate location for a “site specific” proper agricultural 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.

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9TH LINE WEST

14671533

1696

1470

SEVERANCE CONSENT APPLICATION B17/2017 WAYNE NEWMAN

1470 9TH LINE WEST FORMER TOWNSHIP OF SEYMOUR

LANDS SUBJECT TO

SEVERANCE CONSENT

APPLICATION


APPROX. 115 ACRES

VACANT LAND

PROPOSED SEVERED PARCEL

APPROX. 5 ACRES (WITH EXISTING

RESIDENTIAL DWELLING

AND OUTBUILDINGS)

9TH LINE WEST

9TH LINE WEST

CO

UN

TY

RO

AD

30

1210

14671533

1413

1696

1470

1352

7084 1391

7250

1527

1695

1827

1720

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To:


Prepared By:

Liz Mitchell




COA-2017-16

Subject:

Severance Consent Application B17/2017, Wayne Newman




BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-16, regarding Severance Consent Application B17/2017, Wayne Newman, as information;

AND FURTHER that the Committee of Adjustment deny Consent Application B17/2017 by Wayne Newman, with respect to property located at 1470 9th Line West, Seymour Ward, Roll # 14 35 134 010 20200 0000, for application to sever one new parcel, being approximately 5.0 acres (with existing surplus residential dwelling and agricultural accessory buildings) from 120 acres, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Consent Application B17/2017 by Wayne Newman, with respect to property located at 1470 9th Line West, Seymour Ward, Roll # 14 35 134 010 20200 0000, for application to sever one new parcel, being approximately 5.0 acres (with existing surplus residential dwelling and agricultural accessory buildings) from 120 acres, with the following conditions:

1. That all outstanding and current taxes on the subject property are paid in full. 2. That the applicant rezone the severed portion and retained portion of land to conform to the

Municipality of Trent Hills Zoning By-law 2010-105 and the Provincial Policy Statement.

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






An application for consent has been received from Wayne Newman, with respect to property located 1470 9th Line West, Seymour Ward. The purpose of the application is to sever approximately 5.0 acres (with existing surplus residential dwelling and agricultural accessory buildings) from 120 acres. The retained parcel is vacant land.

This application has been submitted in conjunction with Zoning Amendment Application C21/2017.


The purpose of the application is for the creation of one new lot, being approximately 5.0 acres containing the existing surplus residential dwelling and agricultural accessory buildings. The applicant has recently purchased the subject lands, in which the residential dwelling is surplus to the farming operation.

The subject lands are designated as a combination of Prime Agricultural Lands and Rural within the Official Plan.

Zoning is a combination of Agricultural, Rural, Environmental Protection and Environmentally Sensitive within the Trent Hills Zoning By-law. The Environmentally Sensitive Zoning denotes a heavily wooded area on the subject property, while the Environmental Protection indicates a small wetland feature.

Under the Provincial Policy Statement and Official Plan policies, a surplus farm dwelling can be severed. The Provincial Policy Statement also states that due to the Prime Agricultural designation, the balance of the lands are to be protected from future residential use. Therefore, if the Consent is approved, it should be with the condition to rezone the retained portion to Agricultural Exception (*) to prohibit future residential development.

The applicants have submitted this zoning amendment application in conjunction with the severance application.


Planning staff have met with the applicants to discuss the application, and review the requirements.


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Not applicable.






7. Major Benefits:

Not applicable.


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



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MINOR VARIANCE APPLICATION A02/2017 MICHAEL OLSCHER

52 SUMMER LANE, FORMER TOWNSHIP OF PERCY Relief: To permit the construction of a detached accessory building, with a Minimum Front Yard Setback of approximately 5.5 metres (18 feet), as per the attached site plan. Due to the topography of the property, the proposed accessory building will be located in the front / side yard of the residential dwelling, and will comply with all other requirements of the Zoning By-law.

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MINOR VARIANCE APPLICATION A02/2017 MICHAEL OLSCHER

52 SUMMER LANE, WARKWORTH, PERCY WARD

LANDS SUBJECT TO MINOR VARIANCE APPLICATION

SITE PLAN PROPOSED DETACHED ACCESSORY BUILDING

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To:


Prepared By:

Liz Mitchell




COA-2017-17

Subject:

Minor Variance Application A02/2017, Michael Olscher




BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-17, regarding Minor Variance Application A02/2017, Michael Olscher, for information.

AND FURTHER that the Committee of Adjustment deny Minor Variance Application A02/2017 by Michael Olscher, with respect to property located at 52 Summer Lane, former Township of Percy, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Minor Variance Application A02/2017 by Michael Olscher, with respect to property located at 52 Summer Lane, former Township of Percy.


An application for Minor Variance has been received from Michael Olscher, with respect to property at 52 Summer Lane, Warkworth, 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 minimum front yard setback for a detached accessory building.


The applicant has submitted an application for a minor variance, requesting a reduction in the minimum front yard setback to construct a detached accessory building.

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The Trent Hills Zoning By-law stipulates that in any Residential Zone, any accessory building or structure, which is not part of the principal or main building, shall be erected in conformity with the setback requirements of the Zone in which such building is located. The subject property is Zoned Special Rural Residential, with a required minimum front yard setback of 12 metres (40) feet.

Due to the topography of the subject property, the location of the current residential dwelling, septic and well, the proposed accessory building will be located in the front/side yard of the residential dwelling. The front yard setback to the proposed accessory building will be approximately 5.5 metres (18 feet). 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 Rural designation recognizes residential uses, and accessory buildings thereto.

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

The Special Rural Residential Zone permits the current structures on site, as well as the proposed accessory building.

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

In order for the applicants to construct the proposed accessory building, the Minor Variance is necessary to acknowledge the reduced front yard setback.

4. Is the variance minor?

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


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



Not applicable.


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.


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The application for minor variance is being considered with regard to the policies contained in the Official Plan and Zoning By-law.


7. Major Benefits:

Not applicable.


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



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MINOR VARIANCE APPLICATION A03/2017 MORGAN BROEKOVEN-FIENE AND CASSIE GARDNER

194 NASEBY STREET, FORMER TOWN OF CAMPBELLFORD

The applicants have applied to construct a semi-detached residential dwelling on the subject property. Relief: To permit the construction of a semi-detached residential dwelling, with a reduced Minimum Frontage as required for each unit, from 10 metres (33 feet) per unit, to approximately 8.535 metres (28 feet) per unit. COMMENTS RECEIVED: Manager of Roads and Urban Services: The subject parcel does provide an adequate location for “site specific” proper residential entrances for the proposed semi-detached dwelling. Further entrance details (culvert, ditching, brushing, etc., if required) will be provided by Public Works staff, upon the formal application of an entrance permit.

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MINOR VARIANCE APPLICATION A03/2017 MORGAN BROEKOVEN-FIENE AND CASSIE GARDNER

194 NASEBY STREET, FORMER TOWN OF CAMPBELLFORD

LANDS SUBJECT TO MINOR VARIANCE

APPLICATION

PROPOSED CONCEPT PLAN

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To:


Prepared By:

Liz Mitchell




COA-2017-18

Subject:

Minor Variance Application A03/2017, Morgan Broekoven-Fiene and Cassie Gardner




BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-18, regarding Minor Variance Application A03/2017, Morgan Broekoven-Fiene and Cassie Gardner, for information.

AND FURTHER that the Committee of Adjustment deny Minor Variance Application A03/2017 by Morgan Broekoven-Fiene and Cassie Gardner, with respect to property located at 194 Naseby Street, former Town of Campbellford, for the following reasons:

Or

AND FURTHER that the Committee of Adjustment approve Minor Variance Application A03/2017 by Morgan Broekoven-Fiene and Cassie Gardner, with respect to property located at 194 Naseby Street.


An application for Minor Variance has been received from Morgan Broekoven-Fiene and Cassie Gardner, with respect to property at 194 Naseby Street, Campbellford.

The purpose of the application is to seek relief from the Municipality of Trent Hills Zoning By-law 2010-105, with respect to the minimum frontage required to construct a semi-detached residential dwelling on the subject lands.


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The applicant has submitted an application for a minor variance, requesting a reduced Minimum Frontage as required for the construction of a semi-detached residential dwelling.

The Trent Hills Zoning By-law stipulates within the Residential 1 (R1) Zone, the Minimum Frontage for a semi-detached residential dwelling, with public piped water and public sewers, is 10 metres (33 feet) per unit. The variance required is a reduction to approximately 8.535 metres (28 feet) per unit. All other requirements of the Zoning By-law are being met for the proposed dwelling.

The subject lands fall within the urban limits of the Town of Campbellford, and are designated as Residential within the Official Plan. The Official Plan states the following Objectives within the Residential Designation:

• To provide for a range of housing forms in order to meet the varied needs of the present and future residents;

• To ensure that new development is compatible with existing uses; and,

• To make the most efficient use of municipal services and infrastructure through intensification, infilling and appropriate urban design.

Four tests have been established for a Minor Variance:

1. Does the use comply with the Official Plan?

The Residential designation recognizes residential uses, including that of semi-detached residential dwellings.

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

The Residential 1 Zone permits the construction of a semi-detached residential dwelling.

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

In order for the applicants to construct the proposed semi-detached residential dwelling, the Minor Variance is necessary to acknowledge the reduced minimum frontage required for each unit.

4. Is the variance minor?

The construction of the semi-detached residential dwelling 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.


Not applicable.


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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.


7. Major Benefits:

Not applicable.


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



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committee of adjustment - 06 jun 2017

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