[2:39] um on Wednesday September 20th this is I'm going to call to order the meeting

[2:43] of the committee of adjustment held in the council chambers and start

[2:49] time is 202 pm so first of all I'm going to read a land

[2:55] acknowledgment so I'd like to begin the meeting by

[2:59] recognizing the First Nations maybe Inuit people of Canada as traditional

[3:04] stewards and caretakers of the land we acknowledge that the town of Wasaga

[3:09] Beach is located on the boundaries of treaty 18 the traditional lands of the

[3:12] nishinaabe hoduna Shawnee wendat and home of the many First

[3:19] Nations matey and Inuit people as part of the intricate nationhood that reaches

[3:24] across Turtle Island at this time of Truth and Reconciliation

[3:28] we welcome an opportunity to work together towards new understandings and

[3:33] relationships and ask for guidance in all that we do

[3:37] next is disclosure of any pecuniary interests from any of the members and I

[3:43] see one of the members from item number one

[3:49] so is that three point Sorry 4.1 for 34 Nancy street is that correct thank you

[3:56] so just make sure you excuse yourself anyone else

[4:00] [Music] okay

[4:04] I'm seeing none next is the adoption of the minutes of the meeting from August

[4:09] 16 2023 and the recommendation is that the committee of adjustment adopts the

[4:15] minutes of August 16 2023 um so do I have a mover

[4:23] okay and sorry that was uh Andy a segmented by Leo

[4:32] um so uh thank you so now we're going to

[4:35] get into the actual application so we have

[4:41] done sorry moved by and seconded by Leo sorry Andy Leo all in favor oh sir sorry

[4:48] all in favor that's Carrie thank you

[4:54] um so we have six applications uh being

[4:57] heard today so just to give a introduction to everyone here today so

[5:02] my name is Adam Herron I'm the chair of the committee

[5:06] members of the committee are Vice chair Dave Morrison a member uh Harold van

[5:12] gool member Andy Ferguson and member Leo

[5:17] casameno for each application being considered by the committee today the

[5:22] following process will occur firstly the

[5:25] [Music] um

[5:27] firstly as the chair I will invite the applicant agent or owner to the podium

[5:33] or if they are appearing virtually I will ask that they turn on the camera

[5:39] and microphone following this the secretary treasurer

[5:44] will then read the application being considered

[5:46] and we'll review any comments regarding the application that were made by Town

[5:49] departments outside agencies and the public and will then provide

[5:53] recommendations made by planning services

[5:55] after the application is read by the secretary committee sorry the secretary

[6:00] treasurer I'll ask the applicant to enter agent to present their application

[6:05] and address any issues raised by the raised in the staff report or public

[6:09] concerns already filed

[6:13] next uh the uh

[6:18] public portion of the meeting will be any any members attending for the public

[6:23] portion of the meeting will be able to provide any comments and concerns with

[6:26] respecting the application so I see that we have a number of people here and I'm

[6:30] not sure if they're here for the matters or if they're here as interested to

[6:33] members so you will have an opportunity to

[6:38] present any comments or concerns uh so the recording secretary will be

[6:43] monitoring um and providing each member of the

[6:46] public who wishes to speak their opportunity to do so

[6:51] um I'll ask the applicant members of the

[6:54] public or town staff to answer any questions that may have been

[6:58] may have been presented with respect to the applications being heard

[7:03] before closing the public portion I will ask the recording secretary if there are

[7:08] any further questions from the attendees I will then ask the committee members if

[7:13] they have any questions and following this the public portion of

[7:18] the meeting will be closed committee members will then put forward

[7:21] a motion the committee members will render a

[7:24] decision by either granting the application with conditions

[7:28] granting applications with modified conditions reserving their decision

[7:33] refusing the application as submitted or deferring the application to another

[7:37] public meeting

[7:41] I believe there is a sign-in sheet is that correct

[7:45] Okay so it is important that the town receives

[7:49] the correct names and addresses of the individuals having interest in each of

[7:52] the applications being heard um therefore if you plan to speak to the

[7:57] committee at the meeting or wish to receive a copy of the decision you must

[8:02] provide your name address and email address name address or email address to

[8:07] the secretary treasurer and there is a sign-in sheet

[8:12] under the planning act the applicant specified person or public body May

[8:16] appeal the decision the appeal period for the committee of adjustment is 20

[8:20] days from the date of decision being signed the deadlines for each of the

[8:25] application will be provided on the notice of decision

[8:29] the applicant applicant prior to the committee rendering its decision may

[8:34] wish to have their application deferred until the next meeting such requests

[8:39] will be at the sole discretion of the committee

[8:43] the public portion uh sorry the public meeting is being recorded and live

[8:47] streamed so your name and address and other personal information are being

[8:51] recorded recorded in accordance with the municipal Freedom of Information and

[8:56] protection to Privacy Act

[9:00] so we will get started with the meeting so we have application number one

[9:07] b3223 this is for 34

[9:12] Nancy Street and I believe we have the owner's agent here so if you want to

[9:19] step forward um and uh we have that uh disclosure of

[9:26] peculinary Interest um

[9:29] would you like to leave the room just for the

[9:33] um

[9:42] we'll call you back in

[9:51] uh welcome so if you want to state your name for the records

[9:55] um gurjit mahant Ontario land severe

[9:59] working with Rudy Max survey acting agent for this project perfect thank you

[10:05] very much so I'm going to get the secretary treasurer to read the

[10:09] application so if you want to just grab a seat for now thank you

[10:18] thank you chair so application b3223 at 30 the land

[10:24] subject to the application is 34 Nancy Street

[10:29] and an application for consent to sever um

[10:34] application v3223 was submitted by gergy mahant on behalf of Merriman Kamali math

[10:42] frujaki owner of the subject lands

[10:47] the applications or survey proposes to create one new lot for a total of two

[10:52] lots the portion of the property proposed to be severed as shown on the

[10:56] updated Severance sketch provided as Parts two and three has a frontage of

[11:00] approximately 16.25 meters a depth of approximately 30.3 meters and an area of

[11:07] approximately 492.6 square meters the portion of the

[11:12] property proposed to be retained as shown on the update Severance sketch

[11:15] provided as Parts 1 and 4 has a frontage of approximately

[11:21] 29.53 meters a depth of approximately 32.3 meters and an area of approximately

[11:28] 627.3 square meters

[11:32] comments Public Works is Public Works does not oppose the

[11:39] applicant's request the mvca has no objection to the approval and with Sega

[11:44] distribution reviewed the proposal and has no objections

[11:50] other comments received was from Hydro 1 and they have no comments or concerns

[11:57] and we received a public comment from the owners at 44 Nancy Street 43 Nancy

[12:07] Street Sharon and Alex Annette Jake Jason vocage

[12:12] they would like to be they perhaps are here at the meeting today to address the

[12:17] trees on the lot being severed and as they're leaning over the roof causing

[12:23] gutters to clog every year and pushing on their fence causing it to lean and

[12:29] I'll read out the recommendation and then if they're in the audience

[12:32] and recommendation and consideration the

[12:36] foregoing based on the above the planning department supports the

[12:39] application b3223 subject to the following conditions being applied that

[12:45] number one that the five percent residential Parkland contribution as

[12:48] required by the planning act be paid as a requirement of the approval of the

[12:52] severance the parcel severed the determination of the value of the

[12:56] Parkland contribution will be based upon an appraisal prepared by an AIC and

[13:01] sorry an appraisal member of the appraisal Institute Canada

[13:06] and pursuant to section 51.14 of the play act number two that

[13:13] the applicant provides a deposit reference plan said reference plan to

[13:17] show all the parcel to be severed number three that an overall lot grading

[13:21] plan is to be provided showing both Lots in accordance with the town current town

[13:27] of Wasaga Beach engineering standards and policies specifically the info lot

[13:30] grading and drainage policy existing Services locations to be shown on the

[13:35] above plan for both retained and severed Lots number four that the owner is

[13:40] required to complete a full title search of the property to determine that the

[13:45] current ownership of Parts three and parts four and subsequent the above if

[13:49] Parts three and part four are not currently owned by the town of saga

[13:52] Beach then the parcels are to be dedicated to the town

[13:57] of Osaka Beach and number five that all conditions of the decision be fulfilled

[14:01] and that the documents presented to the planning department for issuances

[14:05] certificate of consent within a period not to exceed to 24 months

[14:15] yeah thank you

[14:18] um and uh do you wish to address the committee

[14:26] for this application

[14:31] can you hear me

[14:39] oh yeah no we will we agree with the

[14:44] conditions and we'll fulfill them for the severance application recommended by

[14:47] the staff report

[14:51] and sorry there was a comment from the member of the public are they here today

[15:01] uh the members of the public that wrote In from 44 Nancy Street and 43 Nancy

[15:06] Street Sharon and Alex Annette or Jason bokich are they in the are they here

[15:13] today yes and would you like to speak and would you like to speak to the

[15:18] application yes yes

[15:22] yeah so if you want to come up to the podium and just make sure you press the

[15:26] button in the center of the microphone just to turn it on

[15:31] yep thank you okay

[15:36] sorry I'm just going to stop but I don't think if you want to step closer to the

[15:40] microphone or bring it closer to you and just press the button it turned off uh

[15:44] thank you okay

[15:51] hello

[15:54] I think that's it okay we are the neighbors of um your clients and we have

[16:01] no nothing concerning I'm severing the lot but we would like to address the

[16:06] trees that are hanging over our roof and I have pictures like we're not picky

[16:12] neighbors but the the trees are just covering our roof and right now the

[16:17] roofs full of pine needles and leaves and come fall it's going to get worse

[16:23] so if he would address maybe taking the trees down or cutting the branches

[16:28] that's over our roof

[16:32] so those are your only comments just about the trees yep yeah okay with no

[16:38] objection to the suffering of the lot but the lot that he's going to sever is

[16:42] on our side so maybe before he sells it he would address that

[16:47] so unfortunately the committee can't make any sort of conditions like that

[16:52] in their in their application this this is a matter that maybe you can speak to

[16:57] the homeowners or through their agents and maybe come to some sort of a

[17:02] resolution between the parties but I mean obviously you have some concerns

[17:08] hopefully they can come to some sort of resolution between between everyone okay

[17:13] okay can I leave the pictures with you yeah okay

[17:18] and we're number 44 if he has any objections he can come see us okay yeah

[17:23] and maybe you guys can speak afterwards and maybe exchange phone numbers or

[17:28] emails or whatever the case may be okay okay

[17:30] thank you

[17:33] okay was there anyone else that uh wanted to speak to the committee

[17:42] okay anyone online

[17:46] okay do any of the uh committee members have

[17:51] any questions

[17:57] okay uh seeing none I will close this public portion of the meeting for this

[18:03] application and then I will

[18:07] call the vote that the committee of adjustment hereby approve the

[18:11] application from gurjet Manhunt and that's for 34 Nancy street

[18:19] so do I have a mover do I have a mover

[18:23] Leo seconded Andy thank you and all in favor

[18:31] and that is carried thank you thank you

[18:41] thanks so we're just going to hold on until the uh other member gets back

[19:14] foreign

[19:32] okay so moving on so we have application B 33 23 and this is for 60 Robert Street

[19:40] I'm not sure if the okay the owner or the agent is here so if you want to just

[19:46] come forward state your name for the record and then I'll get the secretary

[19:50] treasurer to read the application

[19:54] Suzanne Roo the owner for his 60s

[20:02] application b33 23. land subject to the application

[20:07] municipally addressed as 60 Robert Street South the purpose and effect the

[20:13] application proposes to create one new lot for a total of two lots the portion

[20:18] of the property proposed to be severed as shown as the proposed parcel to be

[20:22] severed on the severance sketch submission as a frontage of

[20:25] approximately 18.72 meters along Robert Street South a

[20:30] depth of approximately 38 meters and an area of approximately

[20:36] 711.36 square meters the portion of the property proposed to be retained shown

[20:40] as the proposed parcel to be repained retained on the severance sketch

[20:45] submission has a frontage of approximately 12 meters along Roberts

[20:49] Street South a depth of approximately 77.76 meters in an area of approximately

[20:57] 1724.64 square meters

[21:02] comments the towns Public Works and Engineering nearing department does not

[21:07] oppose the application the mvca does not oppose the application wdi has no

[21:13] objections and we have one

[21:18] sorry two comments so um one comment from the public and Hydro

[21:23] One also sent in comments after the uh the agenda was posted saying that they

[21:29] have no comments or concerns at this time

[21:34] and a um a neighbor from

[21:39] 95 or sorry a gentleman from 95 still a piano Crescent

[21:46] has commented saying that they they think expanding the density and

[21:50] framework of the street will be a benefit to the community

[21:55] and the recommendation is as follows the playing Department supports application

[22:00] b3323 subject to the following conditions being applied that the five

[22:04] percent residential Parkland contribution as required by the planning

[22:08] act be paid as a requirement of the approval of severance the parcel suburb

[22:12] the determination of the value of the Parkland contribution will be based upon

[22:17] an appraisal prepared by an individual who is a member of the appraisal

[22:21] Institute of Canada and pursuant to section

[22:25] 51.14 of the planning act number two that the applicant provides a registered

[22:30] reference plan said reference plan to show all of the parcel to be severed and

[22:34] all the parcels be retained number three that an overall lot grading plan is to

[22:39] be provided showing both thoughts in accordance with the current town of

[22:42] Wasaga Beach engineering standards and policies specifically the info lot

[22:46] grading and drainage policy existing Service locations to be shown on the

[22:52] above plan for the severed lot and the new sewer and water services for the

[22:57] retain lot number four that new sewer and water

[23:01] services to be installed to the retained lot by a town approved contractor in

[23:06] accordance with Channel asaga Beach standard drawings 12 8 and 12 B

[23:10] number five that a road occupation permit is to be obtained prior to any

[23:13] Works within the right towns right away and number six that all conditions of

[23:18] this decision be fulfilled in the documents presented to the planning

[23:22] department for issuance of the certificate of consent within a period

[23:25] not to exceed 24 months from the data decision

[23:31] perfect if you want to step forward and address the committee with your

[23:36] application if you have anything further to add

[23:39] that's pretty straightforward so we've we've read through it all and it looks

[23:44] good thank you if you want to grab a seat uh

[23:48] is there anyone from the public wishing to speak to this application

[23:58] sorry if you can just come back up the committee members may have some

[24:01] questions sorry um

[24:06] so anyone online

[24:10] no okay okay all right do any of the committee

[24:15] members have any questions

[24:20] um no questions for me you have reviewed the um

[24:25] recommendations and you're good with the recommendations that's okay

[24:29] perfect so I will close the public portion of

[24:33] this meeting and I will call the vote that the committee of adjustment hereby

[24:39] approve the application from Gerald and Suzanne Roo and this is

[24:44] for 60 Robert Street application b3323 with the conditions as set out do I have

[24:53] a mover um member Ferguson and seconded

[24:58] a member of angul so all in favor and that is carried thank you very much

[25:04] thank you very much

[25:16] all right so the next application is uh for

[25:21] uh 10 38 Mosley Street

[25:26] and this is application a19 23

[25:33] and is the applicant here online

[25:45] rosabella as you hear

[25:49] is she supposed to be

[26:00] yeah um so the recording secretaries

[26:03] indicated that she was online a moment ago so we will perhaps just pause for a

[26:07] moment to see if she lost connection or something sure do you want us to move on

[26:12] to the next application hold this one down

[26:17] yep we can do

[26:24] that so the next application is application number four a 2023

[26:31] this is for uh 34 uh 60 seconds Street North

[26:40] do I have the applicant here

[26:48] are they online

[27:14] there is one one individual online that their name is not displayed so I've

[27:20] asked for clarification on that so once we hear back we can determine who that

[27:23] person is okay

[27:41] okay

[27:56] all right just uh in the interest of time is there is like are we expecting

[28:01] these people to show up do we do we know

[28:10] um I believe that we did have a resident who was going to speak to this

[28:13] application however I do not see them online

[28:16] and I am wondering if it is possible that one of these five individuals that

[28:23] are on the zoom call right now are to speak to this application so perhaps

[28:27] they can put their cameras on in their microphone

[28:30] so that they can advise us of who they are

[28:37] and that would be for application a 2023 so we believe that the applicant owner

[28:44] uh roselba Rosa for application a 1923 was online but perhaps lost connection

[28:51] so and when we moved over to a 2023 um there is somebody online but we are

[28:57] not sure if it's somebody willing wanting to speak to this application

[29:02] the applicant or agent

[29:09] and sorry can we confirm that they can people can hear Us online

[29:21] the recording secretary has affirmed me that there's two people trying to speak

[29:25] right now

[29:44] if you're online and you can hear us can you please

[29:47] um say yes you can hear us or indicate that you cannot I believe somebody was

[29:51] trying to speak but a period though their microphone was off

[30:21] foreign

[30:30] at this time I think we're having some issues with some of the audio so we can

[30:33] either move on to the next application um which would be b1823

[30:40] I believe the applicant Lee is here as well as the

[30:47] planners here so is that accurate okay perfect so let's uh let's move on

[30:53] to application number five b1823 and this is for 88 and 176 Lions

[31:01] Court so if you can just state your name for

[31:07] the record my name is Lee bull I'm with mhbc I am the agent for the applicant

[31:12] thank you

[31:16] and if you want to read in the application please

[31:21] so application b1823 for 88 and 176 Lions Court municipally the minute lands

[31:29] are subject sorry municipally address that 88 and

[31:33] 176 Lions Court the purpose and effect an application has been submitted by

[31:38] mhbc planning care of Meatball on behalf of the owners Das Development

[31:44] Corporation the application proposes to create one

[31:48] new lot to be transferred into separate ownership for a total of two lots one

[31:53] new lot one retained and 12 easements for servicing and access including but

[31:58] not limited to storm water pipes driveway access sewers water mains gas

[32:03] hydro and Telecommunications as shown on the severance sketched

[32:08] Severance sketch proposed easement s provided the portion of the property to

[32:13] be severed contains the existing playtime casino and Match Eatery

[32:17] operating by Gateway entertainment limited and is associated in the

[32:22] associated parking lot the lands are shown as part 18 to 19

[32:27] 22 23 and 27 on the severance sketch provided and has a frontage of

[32:33] approximately 91.5 meters on Mosley Street a depth of approximately at 194

[32:39] meters an approach an area of approximately 2.35 hectares

[32:45] the portion of the property proposed to be retained shown as Parts 1 to 17 21 to

[32:51] 20 to 21 and 24 to 26 on the severed sketch provided has a frontage of

[32:57] approximately 234.5 meters on Mosley Street a varied

[33:02] lot depth and an area of approximately 12.97 hectares

[33:07] the application also proposes to the creation of 12 easements for servicing

[33:12] and access included including but not limited to Stone water pipes driveway

[33:16] access sewers water mains gas hydro and Telecommunications

[33:23] comments Public Works does not object the

[33:27] application I'm VCA has no objection to the application with Sega distribution

[33:32] has reviewed the proposal and have no objections to

[33:36] has no objections to its approval subject to the following comments

[33:41] we'll say good distribution as received and reviewed the submitted proposal

[33:45] plans this review however does not imply any of the approval of the project or

[33:50] plan in addition to the easements located on part 2 5 24 and 26 of the

[33:54] easement sketch the applicant should be aware that wdi does require legal

[33:59] easement through a retained portion of the property this easement is for

[34:03] existing electrical service that feeds the Transformers located on the separate

[34:07] portion of the property

[34:11] MTO has comments and they have no but they have no concern or objection

[34:19] and Frank from Frank Proto Manny from ardn Investments Inc is in full support

[34:25] of the application to create one commercial lot for a total of two lots

[34:29] the recommendation is as follows planting stocks the staff support

[34:33] application be teen 23 subject to the following conditions being applied that

[34:38] the Parkland contribution as required by the planning act be paid as a

[34:42] requirement of the approval of the approval of the severance the parcel

[34:45] severed the determination of the Parkland contribution will be based upon

[34:49] an appraisal prepared by an individual who's a member of the appraisal

[34:53] Institute of Canada number two that the applicant provides a deposited reference

[34:58] plan said reference plan to show all the parts of Liberty suffered all of the

[35:01] easements as presented in the attachment two of the report number three that

[35:07] construction of the access over the retained land from Lions court is

[35:12] constructed to the satisfaction of the MTO

[35:15] such that it may be approved for opening to the general public and number four

[35:19] that all conditions of this decision be fulfilled in the documents presented to

[35:23] the plane department for issuances certificate of consent within a period

[35:27] not to exceed 24 months from the data decision

[35:34] thank you um is there anyone from the public wishing to speak to this

[35:39] application here today

[35:44] okay um if you want to just uh if you have

[35:49] anything further to add in regards to this application now is your opportunity

[35:52] to do so thank you chair I do have a brief

[35:56] presentation for the committee are you able to

[36:03] like and they're recording secretary will pull that up now

[36:08] thank you

[36:14] will she flip through the slides okay all right

[36:19] okay

[36:56] I have it on a thumb drive would that help

[37:00] okay all right

[37:07] beautiful

[37:11] thank you good afternoon everyone as I indicated

[37:16] earlier my name is Lee Bull and I'm an associate with mhbc planning out of

[37:20] their Berry office we represent Das Development Corporation

[37:24] on the consent application before the committee this afternoon

[37:28] also joining us by Zoom are the applicant and their lawyer who is

[37:33] available to answer any detailed questions that you may have about the

[37:37] proposed easements to be created through this consent application

[37:42] the property that is subject to this application is located at 88 and 176

[37:48] Lions Court which is located the southwest corner of lions court and

[37:53] Mosley Street the lot proposed to be severed is

[37:57] currently home to the existing playtime Casino while the retained lot is

[38:02] currently vacant site is primarily surrounded by roads

[38:06] with residential development north of Mosley Street and East of lions Court as

[38:11] well as south of the property

[38:15] and Highway 26 runs along the Southwest boundary of the property

[38:20] the purpose of the application is twofold firstly the application is

[38:24] intended to facilitate the severance of the existing Casino from the remaining

[38:29] vacant portion of the property and the second purpose of the application is to

[38:33] create easements for servicing and access to both the severed and retained

[38:37] parcels

[38:40] portions shown in red on the slide illustrates the casino lands which are

[38:45] proposed to be severed from the remainder of the land Holdings the lands

[38:49] in blue are proposed to be retained

[38:55] the proposed consent application also includes the creation of 12 easements

[39:00] for servicing and access including but not limited to storm water management

[39:04] pipes storm water flow driveway access sewers water mains gas hydro and

[39:10] Telecommunications we have completed a land use planning

[39:14] analysis of the proposed Severance and in our opinion it is consistent with the

[39:18] relevant policies of the provincial policy statement in Conformity with the

[39:22] relevant policies of the growth plan both of which direct development to

[39:26] settlement areas we have also reviewed the application

[39:29] against the lot creation policies within the town of Wasaga Beach official plan

[39:34] and in our opinion the application conforms to those policies

[39:40] we have completed a zoning compliance review for both the proposed severed and

[39:44] retained Lots the retained in severed Lots comply with the Zone standards of

[39:49] the district commercial Zone within which they are located

[39:54] in my opinion The Proposal is consistent with the relevant policy regime and the

[39:59] town of Wasaga Beach zoning bylaw and represents good planning I have read the

[40:04] report prepared by the planning department on this application and agree

[40:08] with their recommendation that this consent application be approved by the

[40:12] committee subject to the conditions as outlined by staff in their report I'd be

[40:17] happy to answer any questions that you may have at this time

[40:23] thank you very much to any of the members have any questions for either

[40:27] the agent or the lawyer that's here via Zoom

[40:36] okay seeing none and I don't believe we have anyone here just to confirm wishing

[40:43] to speak to this matter either online or in person

[40:48] okay I will close this public portion in the meeting seeing as there's no

[40:52] questions from the public or comments and no questions from the committee

[40:55] members I will now call the vote that the

[41:00] committee of adjustment sorry the just give me one second

[41:37] sorry so the committee of adjustment hereby approved the application from Das

[41:42] Development Corporation it's for consent um

[41:47] um with the conditions as set out in the

[41:50] staff report sort of a mover

[41:55] member Casa Mano and seconded by member van

[42:01] Ghul um and all in favor

[42:06] and that is Kerry thank you thank you

[42:29] do we know if we have anyone online

[42:37] not pertaining to that application now the person online that was waiting was

[42:41] for a previous one but they are gone now okay

[42:46] is there anyone else

[42:53] did you want to go back to um to a 1923.

[43:00] uh is the applicant here or

[43:15] I I personally don't feel comfortable proceeding with the applications without

[43:18] the applicants being here they may have an issue with the conditions and they

[43:22] may want to present I don't know if staff have any comments or

[43:28] if if it's normal for Apple applicants not to show up

[43:35] there has been situations in the past where applicants haven't

[43:39] attended or the applicant or agent or owner hasn't attended but with that

[43:45] being said I believe somebody from the audience said that they did see her

[43:48] online um

[43:53] okay but the but the committee if depending

[43:59] on what you decide to do then

[44:04] I guess what is uh what is the best way forward do we

[44:09] wait for these people to maybe show up or

[44:17] it's very suit yeah

[44:20] I suggest that we move to a 2023 for the time being

[44:26] which is that the Gentlemans indicate that they are here today so that's the

[44:31] application 4.4 okay so we'll move on to application

[44:37] number four I'm not sure if one of the staff members can reach out to the

[44:43] applicants for these files just to see if they're intending to show up if they

[44:47] have any objections is that something that can be done

[44:50] well then I would ask you if the recording secretary noticed if she did

[44:54] try to get online then maybe she's having connection issues which would be

[44:58] different than her not showing up

[45:02] okay all right so application number four a

[45:06] 20 23 34 62nd Street North um and we have Sue here or

[45:18] I'm your husband okay do you want to step forward and state your name for the

[45:22] record Eddie Edward proceeding okay

[45:27] sorry what was your last name pursuiti yes okay

[45:32] on your the uh husband husband okay and Sue is here yes okay perfect all right

[45:39] so this is for a variance so um as you may have heard the uh secretary

[45:45] treasurer will read in the application okay

[45:50] so application a 2023

[45:55] um land subject to the application sorry municipally addressed as 34 62nd

[46:02] Street North and an application for a minor variance

[46:06] was submitted by Edward prasuti on behalf of Sue facility owner of the

[46:11] subject lands the application requests relief from section 4 residential type 1

[46:16] R1 zone of comprehensive zoning Bella sorry 2003-60 and they're specifically

[46:25] requesting relief from section 4.3.6 to permit an additional in

[46:30] addition to the existing dwelling with a rear yard setback of Five Point 98

[46:36] meters whereas the minimum rear yard depth of 7.6 meters is required section

[46:42] 4.3.9 to permit a total lock coverage of 38.6 where maximum Total Lock coverage

[46:50] of 35 is permitted and the variances were requested would facilitate the

[46:56] construction of a one-story 16.84 square meter addition to the rear of the

[47:01] existing dwelling unit the recommendation

[47:05] sorry comments Public Works does not oppose the application the mvca has no

[47:10] objection to the application

[47:16] there's no public comments

[47:20] and the recommendation is as follows playing Department

[47:24] supports application a 2023 subject to the following conditions being applied

[47:28] that the development will be substantially consistent with the site

[47:32] plan drawing provided with the application contained within appendix

[47:36] one of this report of the report

[47:43] thank you would you like to just uh speak to this

[47:48] application if you can just stand up to the podium

[47:52] basically we want to expand the dwelling just to expand our kitchen washroom and

[47:59] construct like a utility overflow room which we don't have at the moment so

[48:03] just additional space

[48:06] it's basically it

[48:09] okay thank you um do any of the uh I guess anyone here

[48:15] from the public wishing to speak to this application

[48:20] okay any of the committee members have any questions comments

[48:31] um okay seeing uh none I will close the public portion of

[48:36] the meeting and I'm not sure if you read in the

[48:40] recommendations um Christy

[48:44] okay so you've obviously seen the

[48:49] recommendations and conditions

[48:55] drainage that what we were proposing would not affect

[49:01] storm water or water runoff to other properties and it would it that the

[49:06] development be substantially consistent with the site plan drawing provided oh

[49:10] yes yes

[49:14] okay perfect thank you um so if you uh no questions from the committee members

[49:20] then I will uh call the vote and sorry that the um

[49:26] the committee of adjustment hereby approved the application from Sue facili

[49:30] and this is for a 2023 34 62nd Street North for the variants

[49:39] with the conditions as set out another mover

[49:45] uh and seconded

[49:51] thank you

[49:54] and all in all in favor

[50:06] and that is completed so you're free to stick around or head out thank you thank

[50:11] you

[50:34] okay so um

[50:36] have we heard back from the other applications

[50:43] don't see her online anymore for application e1923

[50:52] okay [Music]

[50:53] um so I guess we I'm assuming that everyone

[50:57] else is here for the last application is that correct

[51:03] yeah okay so we'll deal with that and then go back

[51:08] to the final one afterwards

[51:12] um so do we have the applicant here

[51:19] Barbara okay

[51:30] sorry can you just put on the mic just press the middle button

[51:36] thank you good afternoon my name is Barbara

[51:39] puckery I'm the agent owner of the corporation that owns the property I'm

[51:44] here today with my husband as well who's brought a model of the the cabin

[51:50] and the neighbor to the North and the South is also present

[51:56] okay perfect if you wanted to grab a seat we'll get the Secretary of

[51:59] Treasurer to read in the application and then you'll have an opportunity to

[52:03] present your case

[52:11] foreign

[52:15] application a 1922 um land subject to the application is

[52:22] municipally dressed as six Burns Lane purpose and effect the applicant

[52:27] requests relief from section 3.22 non-conforming uses of the zoning bylaw

[52:34] 2003-60 to permit the expansion of a legal non-conforming seasonal cabin use

[52:40] the applicant has indicated the requester relief would enable the

[52:45] expansion of the Season seasonal cabin and continue the seasonal cabin use the

[52:51] applicant has indicated the requested relief would seek to expand the existing

[52:56] 30.23 square meter seasonal cabin by way of an 8.57 square meter deck Edition

[53:02] along the east portion of the seasonal cabin and by way of an 8.65 square meter

[53:10] deck Edition along the south portion of the seasonal cabin as indicated in the

[53:15] site plan drawings provided for an overall increase of 17.22 square

[53:21] meters and a resultant size of 47.45 square meters further the

[53:29] applicant is seeking to increase the height of the seasonal cabin from 4.5

[53:34] I'm sorry for 4.7 meters to 5.4 meters in addition to the above the applicant

[53:40] request relief from section 3.23 non-complying Lots buildings or

[53:45] structures to recognize the location of the non-compliant building

[53:49] comments received the Public Works does not oppose the applicant's request and

[53:55] they have no conditions at this time

[53:59] the mvca it's not regulated by the nbca the building department has indicated

[54:05] that the property owner will need to sign an affidavit in regards to the

[54:09] classification of the building as to not be permitted as anything more than a

[54:13] seasonal cabin for seasonal recreational use the draft affidavit is affixed to

[54:19] the to the report and there is public comments from a

[54:23] resident Helen Harper of 1789 Shore Lane I own as Seoul shareholder shareholder

[54:31] of three corporations the cottage at eight Burns Lane

[54:34] the car 2014 the garden Lots at two to four Burns Lane 2015 and the former

[54:41] Cottage 2015 and now my new home 21 2021 to 2022 at 1789 Shore Lane in

[54:51] Wasaga Beach Ontario I'm writing to express my support of the application

[54:55] for the town's consent for six Burns Lane for the raising of the cabin

[54:59] number one raising the cabin as it has to be done number two reinforcing and

[55:03] insulating the roof planned number three building a porch on the

[55:09] south and east side of the cabin as planned number four enlarging the cabin

[55:13] to allow for composting toilet plant the application is desirable and an

[55:19] appropriate development of the seasonal cabin I cannot see that there would be

[55:24] any undue adverse impacts on the surrounding properties the most

[55:28] proximate of which I own or neighborhood indeed there would be a significant

[55:33] improvement over the present state in which the cabin has been essentially

[55:37] derelict for years raising the cabin allows airflow under the wood cabin and

[55:43] stops the dry rot this is consistent with the continuation of the seasonal

[55:48] residential use moving the cabin further into the lot

[55:53] is more consistent within with the setbacks a waterless composting toilet

[55:58] is more consistent with sustainable development and Environmental Protection

[56:02] than the previous Outhouse which is a which existed at the time of purchase

[56:07] I've known Barbara puckering for over 62 years and I was excited when she and her

[56:12] husband bought the cabin I look forward to the time when once again we can live

[56:16] in close proximity for a portion of the year

[56:20] and no other comments were received at the time of writing the report and the

[56:25] recommendation is as follows the playing Department supports

[56:29] application a1922 subject to the following conditions being applied

[56:33] number one that the development be consistent with the site plan provided

[56:37] with the application contained within appendix one at the report with the

[56:41] following setbacks front yard setback Southeast Corner 2.85

[56:46] meters front yard setback northeast corner

[56:49] 5.808 meters interior side yard setback to Southern Property boundary 1.64

[56:56] meters and number two that the permission

[56:59] granted to this application for minor variants shall be for a seasonal cabin

[57:04] use and that the property owner shall sign an affidavit speaking to the use of

[57:10] the seasonal cabin which will accompany any building permit application

[57:14] number three that the maximum height of the seasonal cabin shall be 5.4 meters

[57:20] from grade to Peak

[57:26] perfect and uh sorry there was somebody here from the public uh is that

[57:32] um sorry uh Helen Harper

[57:38] okay perfect I just wanted to confirm if so there's no further comments than you

[57:42] okay perfect uh is there anyone else from the public wishing to speak to this

[57:47] application

[57:50] okay um now's your opportunity to present

[57:55] your case okay as stated what it's a legal

[58:00] non-conforming seasonal use cabin and we had a model built with respect

[58:09] to the and if I can just it would would be permissible to pass it around

[58:18] which basically shows that the only improvements to the seasonal cabin are

[58:23] to allow the raising of it and a porch on the South and the east

[58:30] side of the cabin

[58:33] and there's a gradient they are showing um

[58:37] the lot

[58:52] the enlargement of the legal non-conformer use is relatively minor

[58:57] and the other condition that um the secretary referred to was a form of a

[59:04] statutory declaration or affidavit on the return I have amended the foreman

[59:09] provided the amended form but insofar as it dealing with the issues that

[59:15] um were spoken to in the recommendation

[59:18] they deal with the fact that it is a seasonal cabin will continue to be used

[59:22] as a seasonal carbon

[59:30] I don't know if Joel has any issue with respect to the I forged on to you

[59:39] uh so through the chair at this point in time there there is no desire to look at

[59:46] any type of affidavit as the decision has not been made my recommendation

[59:50] would be that if there is an affidavit that has been provided by the applicant

[59:55] that is not consistent with appendix 9 that further discussions with the

[1:00:01] building department be had in order to determine if that affidavit is

[1:00:04] acceptable to the building department standards

[1:00:08] I assumed I have to apply it can if I've applied for a building permit so I'm

[1:00:13] assuming those discussions would be ongoing

[1:00:17] through the chair I suppose my my recommendation in this

[1:00:23] regard is to if the committee is in support of the application to disregard

[1:00:28] the content of the affidavit at this point and let that be addressed through

[1:00:31] the building permit process with the building department and to Simply make

[1:00:35] the decision on the matters and the conditions as presented

[1:00:39] not necessarily considering the specific appendix as provided that's just a draft

[1:00:45] so we're not stating that that has to be the appendix going forward

[1:00:49] but the building department will have the ultimate decision on that

[1:00:55] I'm chair Herod if I can add a comment at this point I was in a meeting

[1:01:00] immediately preceding the committee of adjustment

[1:01:05] um meeting today and I had learned from the

[1:01:09] director of planning that the Chief Building official was now aware of this

[1:01:14] affidavit and unbeknownst probably to Joel

[1:01:18] is that he had indicated that he wants the condition left as is and indicated

[1:01:24] that he would be happy to discuss the matter further subsequent to the

[1:01:30] decision of committee today so again just to confirm what planner

[1:01:35] Vine said that the determination as to how that

[1:01:40] condition is satisfied would be subsequent to the decision that there

[1:01:44] would be that appendix 9 would not necessarily be the the format content

[1:01:50] absolutely required to satisfy the condition and we would look at that

[1:01:55] subsequent to the decision today the condition would still allow for that

[1:01:59] leeway to discuss how the condition could be satisfied the content of the

[1:02:03] affidavit and so forth I and if I might speak to it I'm content

[1:02:08] to deal with the building department with respect to whatever their concerns

[1:02:11] are I think I've addressed them but I I haven't been able to speak to anyone in

[1:02:15] the building department yet so I'm fine with that it's just the there are the

[1:02:20] number of undefined terms in the draft that I had concerns with

[1:02:26] and if they're defined then it won't be a concern

[1:02:40] okay do any of the committee members have a

[1:02:44] you have any comments questions

[1:02:48] Mr chair uh just for clarification was the alterations and construction

[1:02:55] commenced without the benefit of a building permit and this building permit

[1:02:59] in fact would Legalize It should it be issued

[1:03:03] I don't believe that's the legal situation the cabin was raised with

[1:03:08] respect to prior to the building permit has not yet issued yet we go we received

[1:03:14] a notice from the town to say that we had to apply for a building's permit and

[1:03:17] not to proceed with any so there's pictures I guess in the application of

[1:03:23] the current state of the cabin which is raised but unaltered from when the stop

[1:03:28] order issued in 2000 and 17 I believe it remains a legal

[1:03:35] non-conforming cabin regardless of whether or not it's been moved in law

[1:03:39] but I appreciate that the zoning department and myself may have a

[1:03:44] different opinion as to what the lies and we don't have to agree on that we

[1:03:47] have just have to agree with respect to what we do going forward

[1:03:52] so the issue is it's still illegal non-conforming cabin the the town agrees

[1:03:59] with that in their report and I can direct you to it that they've provided

[1:04:02] satisfactory proof that since 1961 it's been a seasonal

[1:04:07] one-room cabin and will continue to be so the enlargement we have to see the

[1:04:13] permission of the Town legally because it's an enlargement we haven't done the

[1:04:17] enlargement yet we um that's the building permit that is

[1:04:22] been filed back in 2017 so that's when the

[1:04:29] that's the the approach on the east side and the north side now that it's been

[1:04:34] raised but the cabin was raised without the benefit of a building permit

[1:04:39] which required the stop order in 2017 and there's been a whole history which I

[1:04:45] don't think is actually necessary to go into at this time as to why we're it

[1:04:50] took so long thank you

[1:04:55] foreign further questions

[1:05:01] is there is there a possibility that sanitary will be on that street

[1:05:09] through the chair from the comments that we've received through the public works

[1:05:12] department it does not appear as though that's going to be a potential solution

[1:05:15] in the in the future as of right now the street is not determined to be a

[1:05:21] right-of-way to Municipal standards and the public works department has not

[1:05:25] provided any comment with regard to Future Servicing

[1:05:30] so the only way they can continue using that particular building or property is

[1:05:36] if we pass this

[1:05:41] that would be correct through the chair the applicant has

[1:05:46] has provided information to the planning department indicating that the water

[1:05:51] will be brought in and that these sanitary will be achieved through a

[1:05:55] compost list in Violet toilet which was spoken to in the staff report

[1:06:07] any further questions

[1:06:12] okay I just have a just confirming so you're you are not opposed to uh signing

[1:06:19] the affidavit uh but uh there is some language in there that you are wanting

[1:06:25] changed is that uh correct that's are defined but yes yes and I

[1:06:31] appreciate that the language relates to the building departments

[1:06:35] participation and and that would require I guess negotiation as my he's indicated

[1:06:40] with the the building officials so it really has it doesn't have to do with

[1:06:46] the zoning right okay so so no no the reason why I'm asking is it doesn't

[1:06:52] reference uh appendix 9 in the recommendations or the conditions that

[1:06:57] uh planning staff it just simply says and that the property owners sign and

[1:07:02] aft David speaking to the use of the seasonal cabin which will accompany any

[1:07:06] building permit application and I've already signed it yes okay that's no

[1:07:10] problem okay

[1:07:14] um any uh further questions and there's no one from the public

[1:07:19] wishing to speak to this application

[1:07:25] okay all right so I will close the public

[1:07:29] portion of the meeting and call the vote that the committee of

[1:07:35] adjustment hereby approved the application from Barbara Pucker

[1:07:41] puckering and this is for application a 1922 6 Burns Lane do I move her

[1:07:50] member Morrison seconded uh

[1:07:54] member of angul all in favor before you hold the vote I'd like to comment on

[1:07:58] this if I could this is the appropriate time because the motion's just been put

[1:08:01] on the floor so this is the appropriate time for me to pass a short comment

[1:08:05] love it there's a part of me that remembers old Wasaga that remembers

[1:08:11] Cottages it's I'm sort of down from the old brox Beach area what was called

[1:08:15] Brock Avenue going on to gurrock if you've been around long enough you

[1:08:19] remember what that is it's now 72nd Street and the idea of this I went down

[1:08:23] and saw it today it took me a while to find it I mean it's there's not a road

[1:08:26] trust me um I was just fascinated by it and when

[1:08:30] I found the place there's like three places tucked away back in there and I'm

[1:08:35] sure that there are all kinds of inconveniences in being there but on the

[1:08:39] other hand I kind of loved the whole Cottage atmosphere surrounded by trees

[1:08:43] isolation so many of the files that that come before us are about being

[1:08:48] Progressive and moving forward and that's fine I have that this is not what

[1:08:51] I'm objecting to I just think it's really cool to see people that are happy

[1:08:55] with what they have and are just making it legal non-conforming so they can

[1:08:59] enjoy it and so all the more power to you I'm happy to move the motion and

[1:09:03] most certainly be voting for it thank you Mr chair

[1:09:06] thank you for those comments any further comments before I call vote

[1:09:15] so all in favor

[1:09:18] and that is carried thank you

[1:09:24] all right so the last application we'll go back to uh

[1:09:29] 4.3 and this is for 1038 to Mosley Street do we have the applicant online

[1:09:40] there is still one applicant that I am waiting for a response from so I am

[1:09:45] asking that person at this time if they could respond or turn their camera on if

[1:09:51] it pertains to the application this is the only matter left correct

[1:09:58] I I think I see is this uh is this rosabella

[1:10:06] can she hear me

[1:10:14] asked her to unmute her um self there so

[1:10:19] hi can you hear us

[1:10:27] can you hear us

[1:10:49] foreign

[1:11:00] the person online with their video can you hear us

[1:11:25] jerk we'd like to take a brief break I can try to call the applicant or the

[1:11:30] owner of the property I mean at this point it might be

[1:11:34] beneficial we can see that she's online but clearly she can't hear us so I don't

[1:11:38] know if her speakers are off or yeah or as you suggested before

[1:11:43] um the application you had asked about deferral for the application as well or

[1:11:49] possibly I mean is there a cost to the applicant

[1:11:54] if if we defer it no there'd be no cost to the applicant for it to come back at

[1:12:00] the next meeting point of clarification and I really just

[1:12:04] want to understand something I'm not objecting anything

[1:12:06] like is there a rule that the applicant is required to be in attendance during

[1:12:10] these things because I'm sure we've dealt with things in the past without

[1:12:13] them in attendance and it's a beautiful day out I can't imagine that if I had

[1:12:16] something before us that I thought was not going to be controversial I'm pretty

[1:12:20] sure I wouldn't be here either so I'm just I'm just curious what the

[1:12:24] what the rules are if they have to be here then we've got to do something if

[1:12:26] not let's just move ahead

[1:12:31] through you the chair with the application that we're dealing with

[1:12:34] today so with 8 19 23 for remote 1038 mostly sweet the applicant is clearly

[1:12:41] online today with us today intending to attend the meeting

[1:12:46] so for this application in particular she's here and able to and would like to

[1:12:52] participate I apologize for my final comment it was I shouldn't have been

[1:12:56] stated this is a different situation but the first question is still the reason I

[1:12:59] asked for the clarification is are are we required to have the the applicant in

[1:13:05] attendance in some manner in order to review the event and decide a file I'm

[1:13:09] not suggesting I understand what you're saying about this one yeah but in

[1:13:12] general is that true or not

[1:13:15] so so if if I may I think we have to provide them with an opportunity to

[1:13:20] present their case and this is based on natural justice so

[1:13:25] and the rules of natural Justice we're a tribunal exercising uh

[1:13:32] powers of uh and so the committee May

[1:13:38] decide not to vote in favor of this so we need to provide the applicant the

[1:13:42] opportunity to present their case so um again I don't know what staff

[1:13:48] recommend if this if this is normal this is the first time I've ever come across

[1:13:53] this so if the manager wishes to uh

[1:13:59] provide some clarity on this I just it's my understanding I'm not

[1:14:04] familiar with overly familiar with the details of this particular application

[1:14:08] but it's my understanding that there what there were comments received from

[1:14:12] the public on this application and in that situation then the applicants

[1:14:18] ability to respond to those comments um would require that

[1:14:25] they'd be that they'd be able to respond to them

[1:14:29] and they obviously have made an effort to be part of this public meeting

[1:14:36] okay um so I'm gonna put forwards a

[1:14:42] motion to defer this application to the next committee meeting we spent enough

[1:14:49] time trying to get a hold of the applicant and maybe staff can follow up

[1:14:54] and see if she can either attend in person or

[1:14:58] trying to get those so so that the applicant sort of the application

[1:15:04] um

[1:15:10] e19 23. thank you application a 1923 for 1038 Mosley Street rosabella DeAngelo so

[1:15:20] this is for a variance I'm going to put forward the motion that

[1:15:25] this uh application applicant application be

[1:15:31] deferred to the next scheduled meeting before you do that chair Herod if I can

[1:15:36] interject for a moment is it possible for us to chat

[1:15:40] use the chat function I've been doing that for the past half an hour

[1:15:46] okay and are we

[1:15:49] again through the chair is it possible for us to give them a phone call I'm not

[1:15:54] opposed to that if if the members are good with taking a five minute recess so

[1:15:59] that we can try to get a hold of the applicant

[1:16:03] and I through you again um is there anyone in the public here to

[1:16:08] speak to this today yes there there is

[1:16:14] okay so for want of one more try

[1:16:19] a telephone maybe we can still wrap this up today okay

[1:16:23] um so we'll take a five minute recess and if somebody can try to phone the

[1:16:29] applicant that would be great yeah

[1:16:33] just before

[1:20:31] for one moment for the recurring secretary to confirm that the recording

[1:20:36] has started okay so it's uh 319 right now we started

[1:20:45] at two o'clock uh uh the the application that we're

[1:20:51] waiting to hear is a 1923 and this is for 1038 Mosley Street uh

[1:20:59] um and this is rosabella uh to Angelo for a variance

[1:21:04] um she has tried to connect multiple times

[1:21:09] unfortunately it appears that she's having

[1:21:12] technical issues um

[1:21:15] I don't feel as if we should be proceeding

[1:21:21] with this application um based on our duty of procedural

[1:21:27] fairness which is the right to participate in having the right to

[1:21:32] participate and the right to be heard

[1:21:37] So based on those grounds I don't feel comfortable proceeding with this

[1:21:41] application we've staff have attempted multiple times to reach this individual

[1:21:46] I appreciate that people are here wishing to speak to this application

[1:21:52] I personally don't feel comfortable proceeding so I am going to put forward

[1:21:57] a motion that this application be deferred to the next scheduled meeting

[1:22:01] and request that staff follow up with the applicant to see if they can attend

[1:22:07] in person next time um do I have a well I guess I'll move it

[1:22:12] do I have a secondary member van Ghul all in favor

[1:22:18] and that is carried um so this uh so just for the

[1:22:24] individuals in the audience um just to confirm

[1:22:28] we've deferred this to the next scheduled meeting hopefully you can

[1:22:33] attend if this is something you're wishing to speak with

[1:22:37] um I don't know if you still have an

[1:22:39] opportunity to present um like if you're unable to attend in

[1:22:44] person next time if you can maybe send your information to the secretary

[1:22:49] treasurer so they can be read into the record just like the previous applicants

[1:22:55] um or sorry applications that were done so if you're if you're not able to

[1:22:59] attend that's my suggestion to you but I do appreciate the time that you've spent

[1:23:04] waiting to hear this and unfortunately we're just not able to proceed

[1:23:12] not in relation to this unfortunately we've we've voted on it to defer the

[1:23:19] matter to the next meeting

[1:23:26] so I I appreciate uh the time that you spent to to try to speak to this

[1:23:33] application unfortunately um we've we've just voted on it so

[1:23:38] um if you haven't already sent your comments I would suggest doing so okay

[1:23:44] all right so that concludes the meeting uh today so the next scheduled meeting

[1:23:50] uh is on October 18th uh 2023 um so uh do I have a mover to adjourn

[1:23:58] the meeting

[1:24:01] remember Morrison and seconded by uh cool Savannah

[1:24:10] all in favor thank you

[1:24:17] yes if if you wish yes

Committee of Adjustment - 20 Sep 2023

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