committee of adjustment - 04 apr 2017 - trent hills · severance consent application b10/2017, mark...
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CORPORATION OF THE MUNICIPALITY OF TRENT HILLS
COMMITTEE OF ADJUSTMENT AGENDA
TUESDAY, APRIL 4, 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:
2 - 12 a) Committee of Adjustment Minutes - March 7, 2017
Committee of Adjustment - 07 Mar 2017 - Minutes - Pdf
6. APPLICATIONS:
13 - 18 a) COA-2017-08
Severance Consent Applications B06/2017 and B07/2017, Anders and Gabriele Wallis
Severance Consent Application B06 and B07 2017, Wallis
COA-2017-08, Severance Consent Applications B06/2017 and B07/2017, Anders and Gabriele Wallis - Pdf
19 - 23 b) COA-2017-09
Severance Consent Application B08/2017, Claire Lisle
Severance Consent Application B08 2017, Lisle
COA-2017-09, Severance Consent Application B08/2017, Claire Lisle - Pdf
24 - 28 c) COA-2017-10
Severance Consent Application B10/2017, Mark Forestell
Severance Consent Application B10 2017, Forestell
COA-2017-10, Severance Consent Application B10/2017, Mark Forestell - Pdf
7. OTHER BUSINESS:
8. ADJOURNMENT:
Committee of Adjustment Meeting Minutes March 7, 2017
CORPORATION OF THE MUNICIPALITY OF TRENT HILLS
COMMITTEE OF ADJUSTMENT MINUTES
TUESDAY, MARCH 7, 2017
HASTINGS CIVIC CENTRE
6 ALBERT STREET EAST, HASTINGS, ONTARIO
Present: Mayor Hector Macmillan
Deputy Mayor Bob Crate
Councillor Rosemary Kelleher-MacLennan
Councillor Rick English
Councillor Ken Tully
Absent: Councillor Bill Thompson
Councillor Catherine Redden
Staff: Lynn Phillips, Chief Administrative Officer
Candice Doiron, Deputy Clerk
Jim Peters, Director of Planning
Press: John Campbell, Independent
Evelyn McLeod, Community Press
Others: John Lamey, Doug Jeffs, Maggie Jeffs
1. CALL TO ORDER:
a) The meeting was called to order at 7:03 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 Councillor Ken Tully SECONDED BY Mayor Hector Macmillan
CA7-2017
BE IT RESOLVED that the agenda for the meeting of March 7, 2017, be approved as presented.
“CARRIED”
4. DECLARATIONS OF DIRECT (OR INDIRECT) PECUNIARY INTEREST:
a) None were declared.
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5. MINUTES:
a) Committee of Adjustment Minutes - February 14, 2017
MOVED BY Councillor Rick English SECONDED BY Deputy Mayor Bob Crate
CA8-2017
BE IT RESOLVED that the minutes from the February 14, 2017 meeting, be approved as presented.
“CARRIED”
6. APPLICATIONS:
a) SR-0983
COA-2017-04 Severance Consent Application B03/2017, Ken and Anne Heffernan
MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Rick English
CA9-2017
IN THE MATTER of Consent Application B03/2017 by Ken and Anne Heffernan, with respect to property located in Concession 10, Part Lot 19, 101 Faux Road, Percy Ward, Roll # 14 35 229 050 08900 0000. The application proposes to create one (1) new parcel, being approximately 2.0 acres (with the existing residential dwelling), from approximately 50 acres. The retained portion is vacant land. Zoning Amendment Application C02/2017 has been submitted in conjunction with this application.
John Lamey, Agent, 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-2017-04. An application for consent has been received from Ken and Anne Heffernan with respect to property located in Concession 10, Part of Lot 19, 101 Faux Road, Percy Ward. The application proposes to sever one new parcel, being approximately 2 acres (with the existing residential dwelling), from 50 acres. The retained portion, is vacant land. This application has been filed in conjunction with Zoning Amendment Application C02/2017. The application proposes to create one new parcel, being approximately 2 acres with the existing residential dwelling. The retained portion is approximately 48 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, Environmentally Sensitive and Environmental Protection, in the Trent Hills Zoning By-law. The Environmental Protection follows a wetland feature on the 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
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pattern of development in the area. Zoning Amendment Application C02/2017 has been filed in conjunction with the Severance Consent Application to ensure the proper zoning is in place, if provisional consent is granted. All Environmental Protection Zoning will remain in place. 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 retained parcel does provide an adequate location for a 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: John Lamey, Agent, advised that the applicants would like to sell the house, and keep the farmland. They reside elsewhere, and farm within the immediate area.
Public Comments: Jim Summers spoke against the application.
Committee Comments: Nothing further.
BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-04, regarding Severance Consent Application B03/2017, Ken and Anne Heffernan, as information;
AND FURTHER that the Committee of Adjustment approve Consent Application B03/2017, with respect to property located in Concession 10, Part of Lot 19, 101 Faux Road, Percy Ward, Roll # 14 35 229 050 08900 0000, for application to sever one new parcel, being approximately 2 acres with the existing residential dwelling, from approximately 50 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
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Municipality of Trent Hills Public Works Department, for determining an approved location(s) for a residential entrance.
4. 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.
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”
b) SR-0984
COA-2017-05 Severance Consent Application B04/2017, Ken and Anne Heffernan
MOVED BY Councillor Ken Tully SECONDED BY Deputy Mayor Bob Crate
CA10-2017
IN THE MATTER of Consent Application B04/2017 by Ken and Anne Heffernan, with respect to property located in Concession 9, Part Lot 15, County Road 25, Percy Ward, Roll # 14 35 229 050 00400 0000. The application proposes to create one (1) new parcel, being approximately 2.0 acres (vacant land / existing foundation from previous residential dwelling), from approximately 37 acres (vacant land).Zoning Amendment Application C03/2017 has been submitted in conjunction with this application.
John Lamey, Agent, 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-2017-05. An application for consent has been received from Ken and Anne Heffernan, with respect to property located in Concession 9, Part of Lot 15, County Road 25, Percy Ward. The purpose of the application is to sever
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approximately 2 acres (vacant land) from 37 acres. The retained parcel is vacant land. This application has been submitted in conjunction with Zoning Amendment Application C03/2017. The purpose of the application is for the creation of one new lot, being approximately 2 acres in size. The proposed severed parcel has the historic remains of the original residential dwelling. The subject lands are designated as Prime Agriculture in the Official Plan. Zoning is a combination of Agricultural and Environmentally Sensitive within the Trent Hills Zoning By-law.
With respect to Prime Agricultural Lands, the Trent Hills Official Plan states the following:
Section 2.4.2.2.5: Within the Prime Agricultural Lands the fragmentation of agricultural parcels of land and the creation of non- viable farm operations will not be permitted. The creation of parcels of land for agriculture and farm-related uses of less than 40 hectares shall not be permitted. Non-farm severances of the agricultural land base will not be permitted, with the exception of an existing farm dwelling rendered surplus as a result of the consolidation of two or more farm parcels.
Furthermore, with respect to Prime Agricultural Lands, the Provincial Policy Statement states the following:
Section 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for:
c) A residence surplus to a farming operation as a result of farm consolidation, provided that:
1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate
sewage and water services; and
2. the planning authority ensures that new residential dwellings are prohibited on any remnant
parcel of farmland created by the severance.
As noted, the historic remains of the original residential dwelling are located on the proposed severed parcel. The property is currently eligible for a residential building permit. If the severance is granted, 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. 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 and the Provincial Policy Statement. Planning staff have been
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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.
Northumberland County: The County has requested that the applicant be advised they are to ensure that both the severed and retained portions are to be protected from overland surface water drainage patterns to ensure that drainage from the adjacent County road allowance properties shall remain unimpeded over the properties.
Written Comments: None were received.
Applicant Comments: John Lamey, Agent, advised that the applicant proposes to create the two acre lot for a family member to potentially build.
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-2017-05, regarding Severance Consent Application B04/2017, Ken and Anne Heffernan, as information;
AND FURTHER that the Committee of Adjustment approve Consent Application B04/2017 by Ken and Anne Heffernan, with respect to property located in Concession 6, Part of Lot 15, County Road 25, Percy Ward, Roll # 14 35 229 050 00400 0000, for application to sever one new parcel, being approximately 2 acres (vacant land) from 37 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 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.
4. That the applicant meet all the requirements of the County of Northumberland, for determining an approved location(s) for a residential entrance.
5. 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 applicant shall be responsible for all costs associated with surveying, deed preparation and registration.
6. That the applicant provide a registerable description under the requirements of the Registry Act.
7. That the applicants provide 2 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
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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”
c) SR-0991
COA-2017-06 Severance Consent Application B05/2017, Steve Redden and Kim Jeffs
MOVED BY Mayor Hector Macmillan SECONDED BY Councillor Ken Tully
CA11-2017
IN THE MATTER of Consent Application B05/2017 by Steve Redden and Kim Jeffs, with respect to property located in Concession 5, Part Lot 8, County Road 30 / Victoria Street, Seymour Ward, Roll # 14 35 134 010 00403 0000. The application proposes to create one (1) new parcel, being approximately 14.29 acres (vacant land), from approximately 18.48 acres. 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.
Jim Peters, Director of Planning, presented Staff Report COA-2017-06. An application for consent has been received from Steve Redden and Kim Jeffs with respect to property located in Concession 5, Part of Lot 8, County Road 30 (Grand Road) / Victoria Street, Seymour Ward. The application proposes to sever one new parcel, being approximately 14.29 acres (vacant land), from 18.48 acres. The retained portion is also vacant land. The application proposes to create one new parcel, being approximately 14.29 acres of vacant land, from approximately 18.48 acres. The lands in question are designated as Greenlands within the Trent Hills Official Plan, due to the proximity of the Trent River. A portion along Grand Road also falls within the limits of the Town of Campbellford Urban Centre. Zoning is a combination of Environmentally Sensitive and Environmental Protection within the Trent Hills Zoning By-law. The Environmentally Sensitive denotes the heavily wooded feature of 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 subject property has frontage on Grand Road, as well as Victoria Street. The applicant will be retaining ownership of the frontage along Grand Road, but has noted the prospective purchaser has requested a registered right-of-way to potentially run municipal services into the parcel, as well as access from Grand Road. Planning staff have met with the applicant, to discuss their submission, and review the requirements. Furthermore, the Notice of Public Meeting has
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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 proper residential entrance. The entrance will be site specific to the 6th Line West. 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-2017-06, regarding Severance Consent Application B05/2017, Steve Redden and Kim Jeffs, as information;
AND FURTHER that the Committee of Adjustment approve Consent Application B05/2017, with respect to property located in Concession 5, Part of Lot 8, County Road 30 (Grand Road) / Victoria Street, Seymour Ward, Roll # 14 35 134 010 00403 0000, for application to sever one new parcel, being approximately14.29 acres (vacant land) from approximately 18.48 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
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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”
d) SR-0992
COA-2017-07 Severance Consent Application B09/2017, Doug Jeffs / Maggie Jeffs
MOVED BY Deputy Mayor Bob Crate SECONDED BY Councillor Rick English
CA12-2017
IN THE MATTER of Consent Application B09/2017 by Doug Jeffs / Maggie Jeffs, with respect to property located in Concession 5, Part Lots 19 and 20, 5th Line East, Seymour Ward, Roll # 14 35 134 050 08310 0000. The application proposes to create one (1) new parcel, being approximately 1.5 acres (vacant land), from approximately 21.45 acres, for residential building purposes. The retained portion is vacant land. Zoning Amendment Application C08/2017 has been submitted in conjunction with this application.
Doug and Maggie Jeffs were 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-2017-07. An application for consent has been received from Doug Jeffs / Maggie Jeffs with respect to property located in Concession 5, Part of Lots 19 and 20, 5th Line East, Seymour Ward. The application proposes to sever one new parcel, being approximately 1.5 acres (vacant land), from 21.45 acres. The retained portion is also vacant land. This application has been filed in conjunction with Zoning Amendment Application C08/2017. The application proposes to create one new parcel, being approximately 1.5 acres of vacant land, for residential building purposes. The retained portion is approximately 20 acres of vacant land. The lands in question are designated as Rural within the Trent Hills Official Plan. Zoning is a combination of Rural and Environmentally Sensitive, in the Trent Hills Zoning By-law. The Environmentally Sensitive Zoning denotes a slope 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
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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 5th 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 C08/2017 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 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.
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-2017-07, regarding Severance Consent Application B09/2017, Doug Jeffs / Maggie Jeffs, as information;
AND FURTHER that the Committee of Adjustment approve Consent Application B09/2017, with respect to property located in Concession 5, Part of Lots 19 and 20, 5th Line East, Seymour Ward, Roll # 14 35 134 050 08310 0000, for application to sever one new parcel, being approximately 1.5 acres (vacant land), from approximately 21.45 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
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property are paid in full. 3. That the applicant meet all the requirements of the
Municipality of Trent Hills Building By-law 2001-37, as amended, for approval for the sewage disposal system.
4. 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.
5. That the applicant rezone the severed portion of land to conform to the Municipality of Trent Hills Zoning By-law 2010-105.
6. 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.
7. That the applicant provide a registerable description under the requirements of the Registry Act.
8. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.
9. 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.
10. 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 Ken Tully SECONDED BY Councillor Rick English
CA13-2017
BE IT RESOLVED that this meeting of the Committee of Adjustment be adjourned at 7:24 p.m.
“CARRIED”
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SEVERANCE CONSENT APPLICATION B06/2017 AND B07/2017 ANDERS AND GABRIELE WALLIS
CONCESSION 9, PART LOT 9 1827 10TH LINE WEST
FORMER SEYMOUR WARD
Consent Application B06/2017 and B07/2017 by Anders and Gabriele Wallis, with respect to property located in Concession 9, Part Lot 9, 1827 10th Line West, Seymour Ward, Roll # 14 35 134 020 08000 0000. Severance Consent Applications B06/2017 and B07/2017 propose to create two (2) new parcels, each being approximately 2 acres (vacant land), from approximately 121.81 acres, for residential building purposes. The retained portion contains the existing residential dwelling and outbuildings. Zoning Amendment Application C04/2017 has been submitted in conjunction with this application. COMMENTS RECEIVED: Manager of Roads and Urban Services: The proposed severed parcels do 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.
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10TH LINE WEST
10TH LINE WEST
1695
1827
1761
1834
SEVERANCE CONSENT APPLICATIONS B06/2017 AND B07/2017 ANDERS AND GABRIELE WALLIS
1827 10TH LINE WEST FORMER TOWNSHIP OF SEYMOUR
LANDS SUBJECT TO SEVERANCE CONSENT
APPLICATION
PROPOSED RETAINED PARCEL
(APPROX. 117.81 ACRES)
WITH EXISTING RESIDENTIAL DWELLING AND OUTBUILDINGS
B06/2017—PROPOSED SEVERED PARCEL APPROX. 2 ACRES
(VACANT LAND)
10TH LINE WEST
10TH LINE WEST
1696
1856
706
706
1527
1695
1827
1761
1720
1834
B07/2017—PROPOSED SEVERED PARCEL APPROX. 2 ACRES
(VACANT LAND)
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S T A F F R E P O R T
Meeting Date: 04 Apr 2017
To:
Committee of Adjustment
Prepared By:
Liz Mitchell
Reviewed/Approved By:
Jim Peters, Lynn Phillips
Department Report No:
COA-2017-08
Subject:
Severance Consent Applications B06/2017 and B07/2017, Anders and Gabriele Wallis
Corporate Strategic Plan:
Communications, Customer Service
Council Recommendation:
BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-08, regarding Severance Consent Applications B06/2017 and B07/2017, Anders and Gabriele Wallis, as information;
SEVERANCE CONSENT APPLICATION B06/2017
AND FURTHER that the Committee of Adjustment deny Consent Application B06/2017, with respect to property located in Concession 9, Part of Lot 9, 1827 10th Line West, Seymour Ward, Roll # 14 35 134 020 08000 0000, for application to sever one new parcel, being approximately 2 acres (vacant land), for residential building purposes, from 121.81 acres, for the following reasons:
Or
AND FURTHER that the Committee of Adjustment approve Consent Application B06/2017, with respect to property located in Concession 9, Part of Lot 9, 1827 10th Line West, Seymour Ward, Roll # 14 35 134 020 08000 0000, for application to sever one new parcel, being approximately 2 acres (vacant land), for residential building purposes, from 121.81 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.
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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 Building By-law
2001-37, as amended, for approval for the sewage disposal system. 4. 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. 5. 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.
6. 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 provide a registerable description under the requirements of the Registry Act.
8. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.
9. 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.
10. 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.
SEVERANCE CONSENT APPLICATION B07/2017
AND FURTHER that the Committee of Adjustment deny Consent Application B07/2017, with respect to property located in Concession 9, Part of Lot 9, 1827 10th Line West, Seymour Ward, Roll # 14 35 134 020 08000 0000, for application to sever one new parcel, being approximately 2 acres (vacant land), for residential building purposes, from 121.81 acres, for the following reasons:
Or
AND FURTHER that the Committee of Adjustment approve Consent Application B07/2017, with respect to property located in Concession 9, Part of Lot 9, 1827 10th Line West, Seymour Ward, Roll # 14 35 134 020 08000 0000, for application to sever one new parcel, being approximately 2 acres (vacant land), for residential building purposes, from 121.81 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 Building By-law
2001-37, as amended, for approval for the sewage disposal system. 4. 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. 5. 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.
Page 16 of 28
6. 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 provide a registerable description under the requirements of the Registry Act.
8. That the applicant provides two copies of a registered survey of the subject property, prior to the issuance of the Certificate of Consent.
9. 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.
10. 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:
Two applications for consent have been received with respect to property located in Concession 9, Part of Lot 9, 1827 10th Line West, Seymour Ward.
Severance Consent Application B06/2017 proposes to create one new parcel, being approximately 2 acres in size, of vacant land.
Severance Consent Application B07/2017 proposes to create one new parcel, being approximately 2 acres in size, of vacant land.
The retained portion is approximately 117 acres, and contains the existing residential dwelling and agricultural accessory buildings.
This application has been filed in conjunction with Zoning Amendment Application C04/2017.
2. Background/Rationale:
The application proposes to create two new parcels, being approximately 2 acres each in size, for residential building purposes. The retained portion contains the existing residential dwelling and agricultural accessory outbuildings.
The property in question is designated as a combination of Rural, Prime Agricultural and Greenlands within the Trent Hills Official Plan. The proposed parcels are not located within the Prime Agricultural designation.
Zoning is a combination of Agricultural, Rural, Environmental Protection and Environmentally Sensitive within the Trent Hills Zoning By-law. The Environmental Protection Zoning follows a wetland feature on the property. The proposed parcels are not within any area zoned Environmental Protection.
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 the 10th Line West.
The applicant has submitted a zoning amendment application in conjunction with the severance applications. The Zoning Amendment proposes to rezone the severed portions to Rural Residential.
Page 17 of 28
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:
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 18 of 28
SEVERANCE CONSENT APPLICATION B08/2017 CLAIRE LISLE
CONCESSION 14, PART LOT 20 2350 14TH LINE EAST
FORMER SEYMOUR WARD
Consent Application B08/2017 by Claire Lisle, with respect to property located in Concession 14, Part Lot 20, 2350 14th Line East, Seymour Ward, Roll # 14 35 134 070 03100 0000. The application proposes to create one (1) new parcel, being approximately 2.8 acres (with the existing residential dwelling), from approximately 100 acres. The retained portion is vacant land. Zoning Amendment Application C06/2017 has been submitted in conjunction with this application. COMMENTS RECEIVED: 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.
Page 19 of 28
CR
OW
E R
IVE
R R
OA
D
EVEGROEN ROAD
14TH LINE EAST
2288
2291
2350
2404
1281
1220
SEVERANCE CONSENT APPLICATION B08/2017 CLAIRE LISLE
2350 14TH LINE EAST FORMER TOWNSHIP OF SEYMOUR
BE
LM
ON
T T
WP
4TH
LIN
E
CR
OW
E R
IVE
R R
OA
DEVEGROEN ROAD
EV
EG
RO
EN
RO
AD
EV
EG
RO
EN
RO
AD
14TH LINE EAST
202
122
16
158
170
161
125
2288
53
2350
61
155
171
2404
436
152
327
1281
1220
2478
2518
LANDS SUBJECT TO
SEVERANCE CONSENT
APPLICATION
PROPOSED RETAINED PARCEL
VACANT LAND
PROPOSED SEVERED PARCEL
APPROX. 2.8 ACRES
(WITH EXISTING RESIDENTIAL DWELLING)
Page 20 of 28
S T A F F R E P O R T
Meeting Date: 04 Apr 2017
To:
Committee of Adjustment
Prepared By:
Liz Mitchell
Reviewed/Approved By:
Jim Peters, Lynn Phillips
Department Report No:
COA-2017-09
Subject:
Severance Consent Application B08/2017, Claire Lisle
Corporate Strategic Plan:
Communications, Customer Service
Council Recommendation:
BE IT RESOLVED that the Committee of Adjustment received Staff Report COA-2017-09, regarding Severance Consent Application B08/2017, Claire Lisle, as information;
AND FURTHER that the Committee of Adjustment deny Consent Application B08/2017, with respect to property located at 2350 14th Line East, Seymour Ward, Roll # 14 35 134 070 03100 0000, for application to sever one new parcel, being approximately 2.8 acres (with the existing residential dwelling), for the following reasons:
Or
AND FURTHER that the Committee of Adjustment approve Consent Application B08/2017, with respect to property located at 2350 14th Line East, Seymour Ward, Roll # 14 35 134 070 03100 0000, for application to sever one new parcel, being approximately 2.8 acres (with the existing residential dwelling), 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 21 of 28
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-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.
1. Purpose/Nature of the Proposal:
An application for consent has been received with respect to property located at 2350 14th Line East, Seymour Ward.
The application proposes to sever one new parcel, being approximately 2.8 acres (with the existing residential dwelling). The retained portion will be approximately 97 acres of vacant land.
2. Background/Rationale:
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 14th 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 C06/2017 has been filed in conjunction with the Severance Consent Application to ensure the proper zoning is in place, if provisional consent is granted.
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:
Page 22 of 28
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 23 of 28
SEVERANCE CONSENT APPLICATION B10/2017 MARK FORESTELL
498 6TH LINE WEST / BANNON ROAD FORMER SEYMOUR WARD
Consent Application B10/2017 by Mark Forestell, with respect to property located in Concession 6, Part Lot 5, 498 6th Line West / Bannon Road, Seymour Ward, Roll # 14 35 134 010 13600 0000. The application proposes to create one (1) new parcel, being approximately 5.5 acres (with the existing residential dwelling and outbuilding), from approximately 44.29 acres. The retained portion is vacant land. Zoning Amendment Application C09/2017 has been submitted in conjunction with this application. COMMENTS RECEIVED: 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.
Page 24 of 28
6TH LINE WEST
BA
NN
ON
RO
AD
BA
NN
ON
RO
AD
6TH LINE WEST
587
465
538
498
482
400
354
507
396
493
479
401
533
537
541
SEVERANCE CONSENT APPLICATION B10/2017 MARK FORESTELL
498 6TH LINE WEST / BANNON ROAD FORMER TOWNSHIP OF SEYMOUR
LANDS SUBJECT TO SEVERANCE CONSENT
APPLICATION
PROPOSED RETAINED PARCEL
(APPROX. 38.75 ACRES)
VACANT LAND
PROPOSED SEVERED PARCEL
APPROX. 5.5 ACRES (WITH EXISTING
RESIDENTIAL DWELLING AND OUTBUILDING)
Page 25 of 28
S T A F F R E P O R T
Meeting Date: 04 Apr 2017
To:
Committee of Adjustment
Prepared By:
Liz Mitchell
Reviewed/Approved By:
Jim Peters, Lynn Phillips
Department Report No:
COA-2017-10
Subject:
Severance Consent Application B10/2017, Mark Forestell
Corporate Strategic Plan:
Communications, Customer Service
Council Recommendation:
BE IT RESOLVED that the Committee of Adjustment receive Staff Report COA-2017-10, regarding Severance Consent Application B10/2017, Mark Forestell, as information;
AND FURTHER that the Committee of Adjustment deny Consent Application B10/2017, with respect to property located in Concession 6, Part of Lot 5, 498 6th Line West / Bannon Road, Seymour Ward, Roll # 14 35 134 010 13600 0000, for application to sever one new parcel, being approximately 5.5 acres with the existing residential dwelling and outbuilding, from approximately 44.29 acres, for the following reasons:
Or
AND FURTHER that the Committee of Adjustment approve Consent Application B10/2017, with respect to property located in Concession 6, Part of Lot 5, 498 6th Line West / Bannon Road, Seymour Ward, Roll # 14 35 134 010 13600 0000, for application to sever one new parcel, being approximately 5.5 acres with the existing residential dwelling and outbuilding, from approximately 44.29 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 26 of 28
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 parcel of the property to Rural Residential, 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.
1. Purpose/Nature of the Proposal:
An application for consent has been received from Mark Forestell with respect to property located in Concession 6, Part of Lot 5, 498 6th Line West / Bannon Road, Seymour Ward.
The application proposes to sever one new parcel, being approximately 5.5 acres (with the existing residential dwelling and outbuilding), from 44.29 acres. The retained portion, is vacant land.
This application has been filed in conjunction with Zoning Amendment Application C09/2017.
2. Background/Rationale:
The application proposes to create one new parcel, being approximately 5.5 acres with the existing residential dwelling and outbuilding. The retained portion is approximately 38.79 acres of vacant land.
The lands in question are designated as a combination of Rural and Primary/Secondary Mineral Aggregates within the Trent Hills Official Plan. Although the Official Plan indicates Mineral Aggregates, it is referencing a resource that has been previously exhausted.
Zoning is Rural in the Trent Hills Zoning By-law.
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.
Zoning Amendment Application C09/2017 has been filed in conjunction with the Severance Consent Application to ensure the proper zoning is in place, if provisional consent is granted.
3. Relevant Options/Consultations:
Planning staff have met with the applicant, to discuss their submission, and review the requirements.
Page 27 of 28
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:
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 28 of 28
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