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um on Wednesday September 20th this is
I'm going to call to order the meeting

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of the committee of adjustment
held in the council chambers and start

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time is 202 pm
so first of all I'm going to read a land

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acknowledgment so
I'd like to begin the meeting by

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recognizing the First Nations maybe
Inuit people of Canada as traditional

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stewards and caretakers of the land
we acknowledge that the town of Wasaga

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Beach is located on the boundaries of
treaty 18 the traditional lands of the

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nishinaabe hoduna Shawnee
wendat and home of the many First

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Nations matey and Inuit people as part
of the intricate nationhood that reaches

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across Turtle Island
at this time of Truth and Reconciliation

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we welcome an opportunity to work
together towards new understandings and

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relationships and ask for guidance in
all that we do

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next is disclosure of any pecuniary
interests from any of the members and I

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see one of the members
from item number one

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so is that three point Sorry 4.1 for 34
Nancy street is that correct thank you

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so just make sure you excuse yourself
anyone else

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[Music]
okay

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I'm seeing none next is the adoption of
the minutes of the meeting from August

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16 2023 and the recommendation is that
the committee of adjustment adopts the

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minutes of August 16 2023
um so do I have a mover

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okay and sorry that was uh Andy a
segmented by Leo

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um
so uh thank you so now we're going to

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get into the actual application so we
have

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done sorry moved by and seconded by Leo
sorry Andy Leo all in favor oh sir sorry

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all in favor
that's Carrie thank you

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um
so we have six applications uh being

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heard today so just to give a
introduction to everyone here today so

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my name is Adam Herron I'm the chair of
the committee

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members of the committee are Vice chair
Dave Morrison a member uh Harold van

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gool
member Andy Ferguson and member Leo

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casameno for each application being
considered by the committee today the

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following process will occur
firstly the

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[Music]
um

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firstly as the chair I will invite the
applicant agent or owner to the podium

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or if they are appearing virtually I
will ask that they turn on the camera

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and microphone
following this the secretary treasurer

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will then read the application being
considered

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and we'll review any comments regarding
the application that were made by Town

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departments outside agencies and the
public and will then provide

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recommendations made by planning
services

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after the application is read by the
secretary committee sorry the secretary

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treasurer I'll ask the applicant to
enter agent to present their application

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and address any issues raised by the
raised in the staff report or public

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concerns already filed

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00:06:13,520 --> 00:06:20,520
next uh the
uh

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public portion of the meeting will be
any any members attending for the public

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portion of the meeting will be able to
provide any comments and concerns with

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respecting the application so I see that
we have a number of people here and I'm

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not sure if they're here for the matters
or if they're here as interested to

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members
so you will have an opportunity to

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present any comments or concerns
uh so the recording secretary will be

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monitoring
um and providing each member of the

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public who wishes to speak their
opportunity to do so

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um
I'll ask the applicant members of the

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public or town staff to answer any
questions that may have been

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may have been presented with respect to
the applications being heard

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before closing the public portion I will
ask the recording secretary if there are

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any further questions from the attendees
I will then ask the committee members if

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they have any questions
and following this the public portion of

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the meeting will be closed
committee members will then put forward

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a motion
the committee members will render a

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decision by either granting the
application with conditions

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granting applications with modified
conditions reserving their decision

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refusing the application as submitted or
deferring the application to another

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public meeting

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I believe there is a sign-in sheet is
that correct

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Okay so
it is important that the town receives

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the correct names and addresses of the
individuals having interest in each of

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the applications being heard
um therefore if you plan to speak to the

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committee at the meeting or wish to
receive a copy of the decision you must

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provide your name address and email
address name address or email address to

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the secretary treasurer and there is a
sign-in sheet

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under the planning act the applicant
specified person or public body May

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appeal the decision the appeal period
for the committee of adjustment is 20

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days from the date of decision being
signed the deadlines for each of the

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application will be provided on the
notice of decision

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the applicant applicant prior to the
committee rendering its decision may

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wish to have their application deferred
until the next meeting such requests

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will be at the sole discretion of the
committee

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the public portion uh sorry the public
meeting is being recorded and live

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streamed so your name and address and
other personal information are being

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recorded recorded in accordance with the
municipal Freedom of Information and

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protection to Privacy Act

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so we will get started with the meeting
so we have application number one

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b3223
this is for 34

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00:09:12,620 --> 00:09:21,720
Nancy Street and I believe we have the
owner's agent here so if you want to

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step forward
um and uh we have that uh disclosure of

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peculinary Interest
um

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would you like to leave the room just
for the

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um

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we'll call you back in

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uh welcome so if you want to state your
name for the records

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um
gurjit mahant Ontario land severe

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working with Rudy Max survey acting
agent for this project perfect thank you

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very much so I'm going to get the
secretary treasurer to read the

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application so if you want to just grab
a seat for now thank you

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thank you chair
so application b3223 at 30 the land

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subject to the application is 34 Nancy
Street

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and an application for consent to sever
um

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application v3223 was submitted by gergy
mahant on behalf of Merriman Kamali math

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frujaki owner of the subject lands

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the applications or survey proposes to
create one new lot for a total of two

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lots the portion of the property
proposed to be severed as shown on the

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updated Severance sketch provided as
Parts two and three has a frontage of

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approximately 16.25 meters a depth of
approximately 30.3 meters and an area of

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approximately
492.6 square meters the portion of the

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property proposed to be retained as
shown on the update Severance sketch

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provided as Parts 1 and 4 has a frontage
of approximately

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29.53 meters a depth of approximately
32.3 meters and an area of approximately

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627.3 square meters

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comments Public Works is
Public Works does not oppose the

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applicant's request the mvca has no
objection to the approval and with Sega

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distribution reviewed the proposal and
has no objections

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other comments received was from Hydro 1
and they have no comments or concerns

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and we received a public comment from
the owners at 44 Nancy Street 43 Nancy

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Street Sharon and Alex Annette Jake
Jason vocage

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they would like to be they perhaps are
here at the meeting today to address the

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trees on the lot being severed and as
they're leaning over the roof causing

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gutters to clog every year and pushing
on their fence causing it to lean and

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I'll read out the recommendation and
then if they're in the audience

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and
recommendation and consideration the

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foregoing based on the above the
planning department supports the

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application b3223 subject to the
following conditions being applied that

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number one that the five percent
residential Parkland contribution as

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required by the planning act be paid as
a requirement of the approval of the

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severance the parcel severed the
determination of the value of the

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Parkland contribution will be based upon
an appraisal prepared by an AIC and

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sorry an appraisal
member of the appraisal Institute Canada

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and pursuant to section
51.14 of the play act number two that

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the applicant provides a deposit
reference plan said reference plan to

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show all the parcel to be severed
number three that an overall lot grading

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plan is to be provided showing both Lots
in accordance with the town current town

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of Wasaga Beach engineering standards
and policies specifically the info lot

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grading and drainage policy existing
Services locations to be shown on the

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above plan for both retained and severed
Lots number four that the owner is

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required to complete a full title search
of the property to determine that the

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current ownership of Parts three and
parts four and subsequent the above if

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Parts three and part four are not
currently owned by the town of saga

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Beach then the parcels are to be
dedicated to the town

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of Osaka Beach and number five that all
conditions of the decision be fulfilled

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and that the documents presented to the
planning department for issuances

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certificate of consent within a period
not to exceed to 24 months

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yeah
thank you

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um and uh do you wish to address the
committee

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for this application

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can you hear me

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oh
yeah no we will we agree with the

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conditions and we'll fulfill them for
the severance application recommended by

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the staff report

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and sorry there was a comment from the
member of the public are they here today

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uh the members of the public that wrote
In from 44 Nancy Street and 43 Nancy

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Street Sharon and Alex Annette or Jason
bokich are they in the are they here

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today yes and would you like to speak
and would you like to speak to the

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application
yes yes

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yeah so if you want to come up to the
podium and just make sure you press the

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button in the center of the microphone
just to turn it on

157
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yep thank you okay

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sorry I'm just going to stop but I don't
think if you want to step closer to the

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microphone or bring it closer to you and
just press the button it turned off uh

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thank you okay

161
00:15:51,720 --> 00:15:54,079
hello

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I think that's it okay we are the
neighbors of um your clients and we have

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no nothing concerning I'm severing the
lot but we would like to address the

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trees that are hanging over our roof and
I have pictures like we're not picky

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neighbors but the the trees are just
covering our roof and right now the

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roofs full of pine needles and leaves
and come fall it's going to get worse

167
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so if he would address maybe taking the
trees down or cutting the branches

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that's over our roof

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so those are your only comments just
about the trees yep yeah okay with no

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00:16:38,160 --> 00:16:45,480
objection to the suffering of the lot
but the lot that he's going to sever is

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on our side so maybe before he sells it
he would address that

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so unfortunately the committee can't
make any sort of conditions like that

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in their in their application this this
is a matter that maybe you can speak to

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the homeowners or through their agents
and maybe come to some sort of a

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resolution between the parties but I
mean obviously you have some concerns

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hopefully they can come to some sort of
resolution between between everyone okay

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okay can I leave the pictures with you
yeah okay

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and we're number 44 if he has any
objections he can come see us okay yeah

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and maybe you guys can speak afterwards
and maybe exchange phone numbers or

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emails or whatever the case may be okay
okay

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00:17:30,960 --> 00:17:33,559
thank you

182
00:17:33,900 --> 00:17:40,280
okay was there anyone else that uh
wanted to speak to the committee

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okay anyone online

184
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okay
do any of the uh committee members have

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any questions

186
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okay uh seeing none I will close this
public portion of the meeting for this

187
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application
and then I will

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call the vote that the committee of
adjustment hereby approve the

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application from gurjet Manhunt and
that's for 34 Nancy street

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so do I have a mover
do I have a mover

191
00:18:23,840 --> 00:18:31,039
Leo seconded
Andy thank you and all in favor

192
00:18:31,260 --> 00:18:35,600
and that is carried thank you thank you

193
00:18:41,100 --> 00:18:47,960
thanks so we're just going to hold on
until the uh other member gets back

194
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foreign

195
00:19:32,280 --> 00:19:43,500
okay so moving on so we have application
B 33 23 and this is for 60 Robert Street

196
00:19:40,500 --> 00:19:47,820
I'm not sure if the okay the owner or
the agent is here so if you want to just

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00:19:46,380 --> 00:19:53,960
come forward state your name for the
record and then I'll get the secretary

198
00:19:50,700 --> 00:19:53,960
treasurer to read the application

199
00:19:54,440 --> 00:19:59,900
Suzanne Roo the owner for his 60s

200
00:20:02,160 --> 00:20:10,620
application b33 23.
land subject to the application

201
00:20:07,940 --> 00:20:16,140
municipally addressed as 60 Robert
Street South the purpose and effect the

202
00:20:13,380 --> 00:20:19,919
application proposes to create one new
lot for a total of two lots the portion

203
00:20:18,299 --> 00:20:24,179
of the property proposed to be severed
as shown as the proposed parcel to be

204
00:20:22,740 --> 00:20:27,020
severed on the severance sketch
submission as a frontage of

205
00:20:25,559 --> 00:20:33,179
approximately
18.72 meters along Robert Street South a

206
00:20:30,480 --> 00:20:36,080
depth of approximately 38 meters and an
area of approximately

207
00:20:36,320 --> 00:20:43,260
711.36 square meters the portion of the
property proposed to be retained shown

208
00:20:40,799 --> 00:20:47,039
as the proposed parcel to be repained
retained on the severance sketch

209
00:20:45,480 --> 00:20:51,980
submission has a frontage of
approximately 12 meters along Roberts

210
00:20:49,679 --> 00:20:57,020
Street South a depth of approximately
77.76 meters in an area of approximately

211
00:20:57,620 --> 00:21:01,460
1724.64 square meters

212
00:21:02,700 --> 00:21:10,020
comments the towns Public Works and
Engineering nearing department does not

213
00:21:07,620 --> 00:21:16,140
oppose the application the mvca does not
oppose the application wdi has no

214
00:21:13,440 --> 00:21:21,480
objections
and we have one

215
00:21:18,960 --> 00:21:26,820
sorry two comments so
um one comment from the public and Hydro

216
00:21:23,640 --> 00:21:30,960
One also sent in comments after the uh
the agenda was posted saying that they

217
00:21:29,280 --> 00:21:33,140
have no comments or concerns at this
time

218
00:21:34,559 --> 00:21:44,520
and a
um a neighbor from

219
00:21:39,260 --> 00:21:49,020
95 or sorry a gentleman from 95 still a
piano Crescent

220
00:21:46,280 --> 00:21:52,500
has commented saying that they they
think expanding the density and

221
00:21:50,820 --> 00:21:55,400
framework of the street will be a
benefit to the community

222
00:21:55,620 --> 00:22:02,700
and the recommendation is as follows the
playing Department supports application

223
00:22:00,500 --> 00:22:06,240
b3323 subject to the following
conditions being applied that the five

224
00:22:04,860 --> 00:22:10,260
percent residential Parkland
contribution as required by the planning

225
00:22:08,460 --> 00:22:15,120
act be paid as a requirement of the
approval of severance the parcel suburb

226
00:22:12,900 --> 00:22:19,679
the determination of the value of the
Parkland contribution will be based upon

227
00:22:17,760 --> 00:22:24,120
an appraisal prepared by an individual
who is a member of the appraisal

228
00:22:21,720 --> 00:22:28,320
Institute of Canada and pursuant to
section

229
00:22:25,220 --> 00:22:32,220
51.14 of the planning act number two
that the applicant provides a registered

230
00:22:30,299 --> 00:22:37,020
reference plan said reference plan to
show all of the parcel to be severed and

231
00:22:34,080 --> 00:22:41,039
all the parcels be retained number three
that an overall lot grading plan is to

232
00:22:39,240 --> 00:22:44,700
be provided showing both thoughts in
accordance with the current town of

233
00:22:42,780 --> 00:22:49,440
Wasaga Beach engineering standards and
policies specifically the info lot

234
00:22:46,919 --> 00:22:55,020
grading and drainage policy existing
Service locations to be shown on the

235
00:22:52,320 --> 00:22:58,260
above plan for the severed lot and the
new sewer and water services for the

236
00:22:57,059 --> 00:23:03,659
retain lot
number four that new sewer and water

237
00:23:01,020 --> 00:23:07,679
services to be installed to the retained
lot by a town approved contractor in

238
00:23:06,120 --> 00:23:12,179
accordance with Channel asaga Beach
standard drawings 12 8 and 12 B

239
00:23:10,380 --> 00:23:16,140
number five that a road occupation
permit is to be obtained prior to any

240
00:23:13,980 --> 00:23:20,580
Works within the right towns right away
and number six that all conditions of

241
00:23:18,480 --> 00:23:23,400
this decision be fulfilled in the
documents presented to the planning

242
00:23:22,080 --> 00:23:27,780
department for issuance of the
certificate of consent within a period

243
00:23:25,500 --> 00:23:30,020
not to exceed 24 months from the data
decision

244
00:23:31,860 --> 00:23:38,280
perfect if you want to step forward and
address the committee with your

245
00:23:36,600 --> 00:23:42,600
application if you have anything further
to add

246
00:23:39,780 --> 00:23:45,960
that's pretty straightforward so we've
we've read through it all and it looks

247
00:23:44,700 --> 00:23:50,640
good
thank you if you want to grab a seat uh

248
00:23:48,480 --> 00:23:55,280
is there anyone from the public wishing
to speak to this application

249
00:23:58,380 --> 00:24:04,380
sorry if you can just come back up the
committee members may have some

250
00:24:01,740 --> 00:24:06,440
questions sorry
um

251
00:24:06,480 --> 00:24:09,919
so anyone online

252
00:24:10,740 --> 00:24:18,260
no okay
okay all right do any of the committee

253
00:24:15,179 --> 00:24:18,260
members have any questions

254
00:24:20,700 --> 00:24:27,780
um no questions for me you have reviewed
the um

255
00:24:25,220 --> 00:24:31,100
recommendations and you're good with the
recommendations that's okay

256
00:24:29,880 --> 00:24:37,260
perfect
so I will close the public portion of

257
00:24:33,720 --> 00:24:40,760
this meeting and I will call the vote
that the committee of adjustment hereby

258
00:24:39,000 --> 00:24:49,880
approve the application
from Gerald and Suzanne Roo and this is

259
00:24:44,520 --> 00:24:55,320
for 60 Robert Street application b3323
with the conditions as set out do I have

260
00:24:53,520 --> 00:25:02,880
a mover
um member Ferguson and seconded

261
00:24:58,500 --> 00:25:07,400
a member of angul so all in favor
and that is carried thank you very much

262
00:25:04,440 --> 00:25:07,400
thank you very much

263
00:25:16,080 --> 00:25:24,500
all right so the next application is uh
for

264
00:25:21,780 --> 00:25:31,880
uh 10 38
Mosley Street

265
00:25:26,419 --> 00:25:39,000
and this is application a19
23

266
00:25:33,500 --> 00:25:41,539
and is the applicant here
online

267
00:25:45,020 --> 00:25:48,799
rosabella as you hear

268
00:25:49,799 --> 00:25:52,880
is she supposed to be

269
00:26:00,120 --> 00:26:05,279
yeah
um so the recording secretaries

270
00:26:03,600 --> 00:26:09,419
indicated that she was online a moment
ago so we will perhaps just pause for a

271
00:26:07,919 --> 00:26:13,980
moment to see if she lost connection or
something sure do you want us to move on

272
00:26:12,000 --> 00:26:16,159
to the next application hold this one
down

273
00:26:17,820 --> 00:26:20,419
yep we can do

274
00:26:24,779 --> 00:26:36,600
that so the next application is
application number four a 2023

275
00:26:31,220 --> 00:26:44,539
this is for uh 34 uh
60 seconds Street North

276
00:26:40,039 --> 00:26:44,539
do I have the applicant here

277
00:26:48,779 --> 00:26:51,740
are they online

278
00:27:14,820 --> 00:27:22,380
there is one one individual online that
their name is not displayed so I've

279
00:27:20,580 --> 00:27:27,140
asked for clarification on that so once
we hear back we can determine who that

280
00:27:23,940 --> 00:27:27,140
person is okay

281
00:27:41,880 --> 00:27:44,000
okay

282
00:27:56,460 --> 00:28:03,539
all right just uh in the interest of
time is there is like are we expecting

283
00:28:01,620 --> 00:28:06,679
these people to show up
do we do we know

284
00:28:10,200 --> 00:28:15,419
um I believe that we did have a resident
who was going to speak to this

285
00:28:13,620 --> 00:28:20,580
application however I do not see them
online

286
00:28:16,919 --> 00:28:25,200
and I am wondering if it is possible
that one of these five individuals that

287
00:28:23,279 --> 00:28:29,100
are on the zoom call right now are to
speak to this application so perhaps

288
00:28:27,659 --> 00:28:33,120
they can
put their cameras on in their microphone

289
00:28:30,900 --> 00:28:35,299
so that they can advise us of who they
are

290
00:28:37,980 --> 00:28:49,440
and that would be for application a 2023
so we believe that the applicant owner

291
00:28:44,299 --> 00:28:55,860
uh roselba Rosa for application a 1923
was online but perhaps lost connection

292
00:28:51,600 --> 00:28:59,700
so and when we moved over to a 2023
um there is somebody online but we are

293
00:28:57,659 --> 00:29:05,600
not sure if it's somebody willing
wanting to speak to this application

294
00:29:02,340 --> 00:29:05,600
the applicant or agent

295
00:29:09,600 --> 00:29:14,779
and sorry can we confirm that they can
people can hear Us online

296
00:29:21,779 --> 00:29:27,860
the recording secretary has affirmed me
that there's two people trying to speak

297
00:29:25,440 --> 00:29:27,860
right now

298
00:29:44,340 --> 00:29:49,919
if you're online and you can hear us can
you please

299
00:29:47,640 --> 00:29:53,580
um say yes you can hear us or indicate
that you cannot I believe somebody was

300
00:29:51,659 --> 00:29:57,020
trying to speak but a period though
their microphone was off

301
00:30:21,720 --> 00:30:24,320
foreign

302
00:30:30,000 --> 00:30:37,200
at this time I think we're having some
issues with some of the audio so we can

303
00:30:33,659 --> 00:30:41,840
either move on to the next application
um which would be b1823

304
00:30:40,440 --> 00:30:50,760
I believe
the applicant Lee is here as well as the

305
00:30:47,399 --> 00:30:56,779
planners here so is that accurate
okay perfect so let's uh let's move on

306
00:30:53,520 --> 00:31:03,740
to application number five
b1823 and this is for 88 and 176 Lions

307
00:31:01,919 --> 00:31:09,600
Court
so if you can just state your name for

308
00:31:07,200 --> 00:31:15,620
the record my name is Lee bull I'm with
mhbc I am the agent for the applicant

309
00:31:12,899 --> 00:31:15,620
thank you

310
00:31:16,279 --> 00:31:26,039
and if you want to read in the
application please

311
00:31:21,659 --> 00:31:31,140
so application b1823 for 88 and 176
Lions Court municipally the minute lands

312
00:31:29,460 --> 00:31:36,000
are subject
sorry municipally address that 88 and

313
00:31:33,360 --> 00:31:42,120
176 Lions Court the purpose and effect
an application has been submitted by

314
00:31:38,340 --> 00:31:45,720
mhbc planning care of Meatball on behalf
of the owners Das Development

315
00:31:44,399 --> 00:31:51,059
Corporation
the application proposes to create one

316
00:31:48,360 --> 00:31:56,880
new lot to be transferred into separate
ownership for a total of two lots one

317
00:31:53,880 --> 00:32:00,720
new lot one retained and 12 easements
for servicing and access including but

318
00:31:58,919 --> 00:32:06,720
not limited to storm water pipes
driveway access sewers water mains gas

319
00:32:03,659 --> 00:32:10,980
hydro and Telecommunications as shown on
the severance sketched

320
00:32:08,340 --> 00:32:15,240
Severance sketch proposed easement s
provided the portion of the property to

321
00:32:13,620 --> 00:32:19,620
be severed contains the existing
playtime casino and Match Eatery

322
00:32:17,640 --> 00:32:24,600
operating by Gateway entertainment
limited and is associated in the

323
00:32:22,200 --> 00:32:31,260
associated parking lot the lands are
shown as part 18 to 19

324
00:32:27,860 --> 00:32:36,360
22 23 and 27 on the severance sketch
provided and has a frontage of

325
00:32:33,539 --> 00:32:41,760
approximately 91.5 meters on Mosley
Street a depth of approximately at 194

326
00:32:39,720 --> 00:32:47,340
meters an approach an area of
approximately 2.35 hectares

327
00:32:45,419 --> 00:32:55,320
the portion of the property proposed to
be retained shown as Parts 1 to 17 21 to

328
00:32:51,179 --> 00:32:58,580
20 to 21 and 24 to 26 on the severed
sketch provided has a frontage of

329
00:32:57,000 --> 00:33:04,700
approximately
234.5 meters on Mosley Street a varied

330
00:33:02,340 --> 00:33:09,960
lot depth and an area of approximately
12.97 hectares

331
00:33:07,140 --> 00:33:14,580
the application also proposes to the
creation of 12 easements for servicing

332
00:33:12,120 --> 00:33:19,740
and access included including but not
limited to Stone water pipes driveway

333
00:33:16,679 --> 00:33:22,640
access sewers water mains gas hydro and
Telecommunications

334
00:33:23,220 --> 00:33:30,299
comments
Public Works does not object the

335
00:33:27,179 --> 00:33:34,200
application I'm VCA has no objection to
the application with Sega distribution

336
00:33:32,340 --> 00:33:39,059
has reviewed the proposal and have no
objections to

337
00:33:36,899 --> 00:33:43,380
has no objections to its approval
subject to the following comments

338
00:33:41,580 --> 00:33:48,000
we'll say good distribution as received
and reviewed the submitted proposal

339
00:33:45,659 --> 00:33:52,200
plans this review however does not imply
any of the approval of the project or

340
00:33:50,519 --> 00:33:56,940
plan in addition to the easements
located on part 2 5 24 and 26 of the

341
00:33:54,899 --> 00:34:01,559
easement sketch the applicant should be
aware that wdi does require legal

342
00:33:59,940 --> 00:34:05,100
easement through a retained portion of
the property this easement is for

343
00:34:03,120 --> 00:34:10,099
existing electrical service that feeds
the Transformers located on the separate

344
00:34:07,080 --> 00:34:10,099
portion of the property

345
00:34:11,060 --> 00:34:18,919
MTO has comments and they have no but
they have no concern or objection

346
00:34:19,080 --> 00:34:27,119
and Frank from Frank Proto Manny from
ardn Investments Inc is in full support

347
00:34:25,560 --> 00:34:31,500
of the application to create one
commercial lot for a total of two lots

348
00:34:29,580 --> 00:34:36,540
the recommendation is as follows
planting stocks the staff support

349
00:34:33,419 --> 00:34:40,679
application be teen 23 subject to the
following conditions being applied that

350
00:34:38,639 --> 00:34:43,800
the Parkland contribution as required by
the planning act be paid as a

351
00:34:42,060 --> 00:34:47,700
requirement of the approval of the
approval of the severance the parcel

352
00:34:45,720 --> 00:34:51,899
severed the determination of the
Parkland contribution will be based upon

353
00:34:49,800 --> 00:34:56,040
an appraisal prepared by an individual
who's a member of the appraisal

354
00:34:53,399 --> 00:35:00,119
Institute of Canada number two that the
applicant provides a deposited reference

355
00:34:58,080 --> 00:35:04,859
plan said reference plan to show all the
parts of Liberty suffered all of the

356
00:35:01,980 --> 00:35:10,020
easements as presented in the attachment
two of the report number three that

357
00:35:07,320 --> 00:35:14,040
construction of the access over the
retained land from Lions court is

358
00:35:12,180 --> 00:35:17,760
constructed to the satisfaction of the
MTO

359
00:35:15,119 --> 00:35:21,420
such that it may be approved for opening
to the general public and number four

360
00:35:19,380 --> 00:35:25,260
that all conditions of this decision be
fulfilled in the documents presented to

361
00:35:23,339 --> 00:35:30,240
the plane department for issuances
certificate of consent within a period

362
00:35:27,780 --> 00:35:32,660
not to exceed 24 months from the data
decision

363
00:35:34,619 --> 00:35:42,320
thank you um is there anyone from the
public wishing to speak to this

364
00:35:39,180 --> 00:35:42,320
application here today

365
00:35:44,940 --> 00:35:50,940
okay
um if you want to just uh if you have

366
00:35:49,200 --> 00:35:54,119
anything further to add in regards to
this application now is your opportunity

367
00:35:52,380 --> 00:35:58,980
to do so
thank you chair I do have a brief

368
00:35:56,220 --> 00:36:01,820
presentation for the committee
are you able to

369
00:36:03,000 --> 00:36:07,400
like and they're recording secretary
will pull that up now

370
00:36:08,099 --> 00:36:10,220
thank you

371
00:36:14,820 --> 00:36:21,740
will she flip through the slides okay
all right

372
00:36:19,740 --> 00:36:21,740
okay

373
00:36:56,820 --> 00:37:03,859
I have it on a thumb drive would that
help

374
00:37:00,599 --> 00:37:03,859
okay all right

375
00:37:07,980 --> 00:37:10,579
beautiful

376
00:37:11,640 --> 00:37:18,180
thank you
good afternoon everyone as I indicated

377
00:37:16,079 --> 00:37:21,839
earlier my name is Lee Bull and I'm an
associate with mhbc planning out of

378
00:37:20,400 --> 00:37:26,460
their Berry office
we represent Das Development Corporation

379
00:37:24,180 --> 00:37:31,260
on the consent application before the
committee this afternoon

380
00:37:28,680 --> 00:37:35,640
also joining us by Zoom are the
applicant and their lawyer who is

381
00:37:33,359 --> 00:37:39,839
available to answer any detailed
questions that you may have about the

382
00:37:37,740 --> 00:37:44,460
proposed easements to be created through
this consent application

383
00:37:42,359 --> 00:37:50,640
the property that is subject to this
application is located at 88 and 176

384
00:37:48,060 --> 00:37:55,200
Lions Court which is located the
southwest corner of lions court and

385
00:37:53,040 --> 00:38:00,119
Mosley Street
the lot proposed to be severed is

386
00:37:57,720 --> 00:38:04,320
currently home to the existing playtime
Casino while the retained lot is

387
00:38:02,579 --> 00:38:09,060
currently vacant
site is primarily surrounded by roads

388
00:38:06,900 --> 00:38:14,839
with residential development north of
Mosley Street and East of lions Court as

389
00:38:11,520 --> 00:38:14,839
well as south of the property

390
00:38:15,180 --> 00:38:22,260
and Highway 26 runs along the Southwest
boundary of the property

391
00:38:20,640 --> 00:38:27,060
the purpose of the application is
twofold firstly the application is

392
00:38:24,900 --> 00:38:31,619
intended to facilitate the severance of
the existing Casino from the remaining

393
00:38:29,040 --> 00:38:35,520
vacant portion of the property and the
second purpose of the application is to

394
00:38:33,780 --> 00:38:40,220
create easements for servicing and
access to both the severed and retained

395
00:38:37,680 --> 00:38:40,220
parcels

396
00:38:40,859 --> 00:38:47,280
portions shown in red on the slide
illustrates the casino lands which are

397
00:38:45,839 --> 00:38:53,660
proposed to be severed from the
remainder of the land Holdings the lands

398
00:38:49,440 --> 00:38:53,660
in blue are proposed to be retained

399
00:38:55,740 --> 00:39:02,820
the proposed consent application also
includes the creation of 12 easements

400
00:39:00,540 --> 00:39:07,680
for servicing and access including but
not limited to storm water management

401
00:39:04,619 --> 00:39:12,480
pipes storm water flow driveway access
sewers water mains gas hydro and

402
00:39:10,680 --> 00:39:16,859
Telecommunications
we have completed a land use planning

403
00:39:14,520 --> 00:39:20,280
analysis of the proposed Severance and
in our opinion it is consistent with the

404
00:39:18,839 --> 00:39:24,300
relevant policies of the provincial
policy statement in Conformity with the

405
00:39:22,740 --> 00:39:27,900
relevant policies of the growth plan
both of which direct development to

406
00:39:26,400 --> 00:39:32,400
settlement areas
we have also reviewed the application

407
00:39:29,820 --> 00:39:36,240
against the lot creation policies within
the town of Wasaga Beach official plan

408
00:39:34,140 --> 00:39:40,160
and in our opinion the application
conforms to those policies

409
00:39:40,260 --> 00:39:47,280
we have completed a zoning compliance
review for both the proposed severed and

410
00:39:44,880 --> 00:39:51,480
retained Lots the retained in severed
Lots comply with the Zone standards of

411
00:39:49,380 --> 00:39:56,880
the district commercial Zone within
which they are located

412
00:39:54,240 --> 00:40:02,160
in my opinion The Proposal is consistent
with the relevant policy regime and the

413
00:39:59,700 --> 00:40:06,119
town of Wasaga Beach zoning bylaw and
represents good planning I have read the

414
00:40:04,619 --> 00:40:09,900
report prepared by the planning
department on this application and agree

415
00:40:08,280 --> 00:40:14,520
with their recommendation that this
consent application be approved by the

416
00:40:12,300 --> 00:40:19,020
committee subject to the conditions as
outlined by staff in their report I'd be

417
00:40:17,220 --> 00:40:21,800
happy to answer any questions that you
may have at this time

418
00:40:23,579 --> 00:40:31,859
thank you very much to any of the
members have any questions for either

419
00:40:27,180 --> 00:40:34,160
the agent or the lawyer that's here via
Zoom

420
00:40:36,540 --> 00:40:45,060
okay seeing none and I don't believe we
have anyone here just to confirm wishing

421
00:40:43,079 --> 00:40:47,660
to speak to this matter either online or
in person

422
00:40:48,240 --> 00:40:54,420
okay I will close this public portion in
the meeting seeing as there's no

423
00:40:52,440 --> 00:40:56,820
questions from the public or comments
and no questions from the committee

424
00:40:55,740 --> 00:41:04,200
members
I will now call the vote that the

425
00:41:00,599 --> 00:41:06,920
committee of adjustment sorry the
just give me one second

426
00:41:37,619 --> 00:41:45,960
sorry so the committee of adjustment
hereby approved the application from Das

427
00:41:42,420 --> 00:41:48,359
Development Corporation it's for consent
um

428
00:41:47,520 --> 00:41:54,920
um
with the conditions as set out in the

429
00:41:50,820 --> 00:41:54,920
staff report sort of a mover

430
00:41:55,099 --> 00:42:02,760
member
Casa Mano and seconded by member van

431
00:42:01,020 --> 00:42:05,780
Ghul
um and all in favor

432
00:42:06,839 --> 00:42:11,060
and that is Kerry thank you thank you

433
00:42:29,220 --> 00:42:33,079
do we know if we have anyone online

434
00:42:37,859 --> 00:42:44,339
not pertaining to that application now
the person online that was waiting was

435
00:42:41,520 --> 00:42:49,160
for a previous one but they are gone now
okay

436
00:42:46,140 --> 00:42:49,160
is there anyone else

437
00:42:53,660 --> 00:43:05,960
did you want to go back to um
to a 1923.

438
00:43:00,359 --> 00:43:05,960
uh is the applicant here or

439
00:43:15,060 --> 00:43:21,359
I I personally don't feel comfortable
proceeding with the applications without

440
00:43:18,900 --> 00:43:26,160
the applicants being here they may have
an issue with the conditions and they

441
00:43:22,859 --> 00:43:32,220
may want to present I don't know if
staff have any comments or

442
00:43:28,640 --> 00:43:34,940
if if it's normal for Apple applicants
not to show up

443
00:43:35,220 --> 00:43:43,079
there has been situations in the past
where applicants haven't

444
00:43:39,920 --> 00:43:47,339
attended or the applicant or agent or
owner hasn't attended but with that

445
00:43:45,960 --> 00:43:50,339
being said I believe somebody from the
audience said that they did see her

446
00:43:48,599 --> 00:43:52,460
online
um

447
00:43:53,280 --> 00:44:00,319
okay
but the but the committee if depending

448
00:43:59,160 --> 00:44:04,640
on
what you decide to do then

449
00:44:04,920 --> 00:44:12,240
I guess what is uh what is the best way
forward do we

450
00:44:09,920 --> 00:44:14,540
wait for these people to maybe show up
or

451
00:44:17,220 --> 00:44:24,180
it's very suit
yeah

452
00:44:20,760 --> 00:44:29,339
I suggest that we move to a 2023 for the
time being

453
00:44:26,099 --> 00:44:34,619
which is that the Gentlemans indicate
that they are here today so that's the

454
00:44:31,560 --> 00:44:39,000
application 4.4
okay so we'll move on to application

455
00:44:37,380 --> 00:44:45,480
number four I'm not sure if one of the
staff members can reach out to the

456
00:44:43,020 --> 00:44:49,500
applicants for these files just to see
if they're intending to show up if they

457
00:44:47,640 --> 00:44:52,560
have any objections is that something
that can be done

458
00:44:50,700 --> 00:44:56,940
well then I would ask you if the
recording secretary noticed if she did

459
00:44:54,540 --> 00:45:00,319
try to get online then maybe she's
having connection issues which would be

460
00:44:58,619 --> 00:45:03,900
different than her not
showing up

461
00:45:02,460 --> 00:45:11,700
okay
all right so application number four a

462
00:45:06,119 --> 00:45:16,400
20 23 34 62nd Street North
um and we have Sue here or

463
00:45:18,680 --> 00:45:24,480
I'm your husband okay do you want to
step forward and state your name for the

464
00:45:22,079 --> 00:45:26,960
record Eddie Edward proceeding
okay

465
00:45:27,540 --> 00:45:36,060
sorry what was your last name
pursuiti yes okay

466
00:45:32,040 --> 00:45:42,540
on your the uh husband husband okay and
Sue is here yes okay perfect all right

467
00:45:39,119 --> 00:45:47,280
so this is for a variance so um as you
may have heard the uh secretary

468
00:45:45,359 --> 00:45:49,760
treasurer will read in the application
okay

469
00:45:50,300 --> 00:45:55,200
so application a 2023

470
00:45:55,740 --> 00:46:04,140
um land subject to the application
sorry municipally addressed as 34 62nd

471
00:46:02,160 --> 00:46:08,940
Street North
and an application for a minor variance

472
00:46:06,780 --> 00:46:13,800
was submitted by Edward prasuti on
behalf of Sue facility owner of the

473
00:46:11,700 --> 00:46:20,300
subject lands the application requests
relief from section 4 residential type 1

474
00:46:16,440 --> 00:46:27,560
R1 zone of comprehensive zoning Bella
sorry 2003-60 and they're specifically

475
00:46:25,040 --> 00:46:32,339
requesting relief from section
4.3.6 to permit an additional in

476
00:46:30,599 --> 00:46:38,880
addition to the existing dwelling with a
rear yard setback of Five Point 98

477
00:46:36,660 --> 00:46:46,400
meters whereas the minimum rear yard
depth of 7.6 meters is required section

478
00:46:42,740 --> 00:46:53,880
4.3.9 to permit a total lock coverage of
38.6 where maximum Total Lock coverage

479
00:46:50,640 --> 00:46:59,339
of 35 is permitted and the variances
were requested would facilitate the

480
00:46:56,040 --> 00:47:03,839
construction of a one-story 16.84 square
meter addition to the rear of the

481
00:47:01,859 --> 00:47:08,099
existing dwelling unit the
recommendation

482
00:47:05,700 --> 00:47:14,420
sorry comments Public Works does not
oppose the application the mvca has no

483
00:47:10,800 --> 00:47:14,420
objection to the application

484
00:47:16,500 --> 00:47:20,119
there's no public comments

485
00:47:20,160 --> 00:47:27,119
and the recommendation
is as follows playing Department

486
00:47:24,180 --> 00:47:30,599
supports application a 2023 subject to
the following conditions being applied

487
00:47:28,859 --> 00:47:34,380
that the development will be
substantially consistent with the site

488
00:47:32,160 --> 00:47:40,940
plan drawing provided with the
application contained within appendix

489
00:47:36,359 --> 00:47:40,940
one of this report of the report

490
00:47:43,680 --> 00:47:50,040
thank you
would you like to just uh speak to this

491
00:47:48,599 --> 00:47:54,960
application if you can just stand up to
the podium

492
00:47:52,319 --> 00:48:01,680
basically we want to expand the dwelling
just to expand our kitchen washroom and

493
00:47:59,060 --> 00:48:06,079
construct like a utility overflow room
which we don't have at the moment so

494
00:48:03,180 --> 00:48:06,079
just additional space

495
00:48:06,240 --> 00:48:09,020
it's basically it

496
00:48:09,420 --> 00:48:16,980
okay thank you
um do any of the uh I guess anyone here

497
00:48:15,060 --> 00:48:19,339
from the public wishing to speak to this
application

498
00:48:20,339 --> 00:48:26,240
okay any of the committee members have
any questions comments

499
00:48:31,319 --> 00:48:38,700
um okay seeing uh
none I will close the public portion of

500
00:48:36,960 --> 00:48:42,660
the meeting
and I'm not sure if you read in the

501
00:48:40,619 --> 00:48:47,420
recommendations
um Christy

502
00:48:44,700 --> 00:48:53,300
okay
so you've obviously seen the

503
00:48:49,920 --> 00:48:53,300
recommendations and conditions

504
00:48:55,440 --> 00:49:03,300
drainage that what we were proposing
would not affect

505
00:49:01,140 --> 00:49:08,579
storm water or water runoff to other
properties and it would it that the

506
00:49:06,720 --> 00:49:12,920
development be substantially consistent
with the site plan drawing provided oh

507
00:49:10,380 --> 00:49:12,920
yes yes

508
00:49:14,339 --> 00:49:21,660
okay perfect thank you um so if you uh
no questions from the committee members

509
00:49:20,160 --> 00:49:28,380
then I will uh
call the vote and sorry that the um

510
00:49:26,819 --> 00:49:34,940
the committee of adjustment hereby
approved the application from Sue facili

511
00:49:30,619 --> 00:49:43,380
and this is for a 2023
34 62nd Street North for the variants

512
00:49:39,420 --> 00:49:46,859
with the conditions as set out another
mover

513
00:49:45,240 --> 00:49:49,940
uh
and seconded

514
00:49:51,599 --> 00:49:54,319
thank you

515
00:49:54,480 --> 00:50:00,380
and all in
all in favor

516
00:50:06,480 --> 00:50:13,579
and that is completed so you're free to
stick around or head out thank you thank

517
00:50:11,579 --> 00:50:13,579
you

518
00:50:34,079 --> 00:50:39,839
okay so
um

519
00:50:36,359 --> 00:50:42,859
have we heard back from
the other applications

520
00:50:43,319 --> 00:50:51,000
don't see her online anymore for
application e1923

521
00:50:52,500 --> 00:50:54,720
okay
[Music]

522
00:50:53,940 --> 00:51:00,000
um
so I guess we I'm assuming that everyone

523
00:50:57,900 --> 00:51:02,780
else is here for the last application
is that correct

524
00:51:03,540 --> 00:51:12,680
yeah okay
so we'll deal with that and then go back

525
00:51:08,700 --> 00:51:12,680
to the final one afterwards

526
00:51:12,780 --> 00:51:17,839
um so do we have the
applicant here

527
00:51:19,079 --> 00:51:22,760
Barbara
okay

528
00:51:30,800 --> 00:51:37,680
sorry can you just put on the mic just
press the middle button

529
00:51:36,300 --> 00:51:41,760
thank you
good afternoon my name is Barbara

530
00:51:39,480 --> 00:51:47,220
puckery I'm the agent owner of the
corporation that owns the property I'm

531
00:51:44,040 --> 00:51:53,339
here today with my husband as well
who's brought a model of the the cabin

532
00:51:50,460 --> 00:51:58,140
and the neighbor to the North and the
South is also present

533
00:51:56,339 --> 00:52:01,920
okay perfect if you wanted to grab a
seat we'll get the Secretary of

534
00:51:59,880 --> 00:52:07,220
Treasurer to read in the application
and then you'll have an opportunity to

535
00:52:03,599 --> 00:52:07,220
present your case

536
00:52:11,460 --> 00:52:14,119
foreign

537
00:52:15,920 --> 00:52:25,619
application a 1922
um land subject to the application is

538
00:52:22,020 --> 00:52:31,040
municipally dressed as six Burns Lane
purpose and effect the applicant

539
00:52:27,839 --> 00:52:38,460
requests relief from section 3.22
non-conforming uses of the zoning bylaw

540
00:52:34,819 --> 00:52:42,960
2003-60 to permit the expansion of a
legal non-conforming seasonal cabin use

541
00:52:40,619 --> 00:52:48,200
the applicant has indicated the
requester relief would enable the

542
00:52:45,599 --> 00:52:53,880
expansion of the Season seasonal cabin
and continue the seasonal cabin use the

543
00:52:51,420 --> 00:52:59,400
applicant has indicated the requested
relief would seek to expand the existing

544
00:52:56,300 --> 00:53:06,180
30.23 square meter seasonal cabin by way
of an 8.57 square meter deck Edition

545
00:53:02,940 --> 00:53:12,720
along the east portion of the seasonal
cabin and by way of an 8.65 square meter

546
00:53:10,079 --> 00:53:17,520
deck Edition along the south portion of
the seasonal cabin as indicated in the

547
00:53:15,540 --> 00:53:26,359
site plan drawings provided
for an overall increase of 17.22 square

548
00:53:21,180 --> 00:53:31,140
meters and a resultant size of
47.45 square meters further the

549
00:53:29,040 --> 00:53:38,460
applicant is seeking to increase the
height of the seasonal cabin from 4.5

550
00:53:34,200 --> 00:53:43,160
I'm sorry for 4.7 meters to 5.4 meters
in addition to the above the applicant

551
00:53:40,619 --> 00:53:47,819
request relief from section 3.23
non-complying Lots buildings or

552
00:53:45,599 --> 00:53:52,200
structures to recognize the location of
the non-compliant building

553
00:53:49,859 --> 00:53:59,240
comments received the Public Works does
not oppose the applicant's request and

554
00:53:55,380 --> 00:53:59,240
they have no conditions at this time

555
00:53:59,940 --> 00:54:07,380
the mvca it's not regulated by the nbca
the building department has indicated

556
00:54:05,700 --> 00:54:11,400
that the property owner will need to
sign an affidavit in regards to the

557
00:54:09,359 --> 00:54:15,780
classification of the building as to not
be permitted as anything more than a

558
00:54:13,319 --> 00:54:21,540
seasonal cabin for seasonal recreational
use the draft affidavit is affixed to

559
00:54:19,020 --> 00:54:27,480
the to the report
and there is public comments from a

560
00:54:23,940 --> 00:54:33,300
resident Helen Harper of 1789 Shore Lane
I own as Seoul shareholder shareholder

561
00:54:31,440 --> 00:54:38,940
of three corporations the cottage at
eight Burns Lane

562
00:54:34,859 --> 00:54:46,280
the car 2014 the garden Lots at two to
four Burns Lane 2015 and the former

563
00:54:41,640 --> 00:54:53,460
Cottage 2015 and now my new home 21
2021 to 2022 at 1789 Shore Lane in

564
00:54:51,240 --> 00:54:57,300
Wasaga Beach Ontario I'm writing to
express my support of the application

565
00:54:55,200 --> 00:55:01,740
for the town's consent for six Burns
Lane for the raising of the cabin

566
00:54:59,460 --> 00:55:06,079
number one raising the cabin as it has
to be done number two reinforcing and

567
00:55:03,839 --> 00:55:10,980
insulating the roof planned
number three building a porch on the

568
00:55:09,000 --> 00:55:17,280
south and east side of the cabin as
planned number four enlarging the cabin

569
00:55:13,260 --> 00:55:21,599
to allow for composting toilet plant the
application is desirable and an

570
00:55:19,319 --> 00:55:26,579
appropriate development of the seasonal
cabin I cannot see that there would be

571
00:55:24,180 --> 00:55:31,400
any undue adverse impacts on the
surrounding properties the most

572
00:55:28,680 --> 00:55:35,460
proximate of which I own or neighborhood
indeed there would be a significant

573
00:55:33,420 --> 00:55:40,200
improvement over the present state in
which the cabin has been essentially

574
00:55:37,280 --> 00:55:46,680
derelict for years raising the cabin
allows airflow under the wood cabin and

575
00:55:43,380 --> 00:55:51,480
stops the dry rot this is consistent
with the continuation of the seasonal

576
00:55:48,960 --> 00:55:55,619
residential use moving the cabin further
into the lot

577
00:55:53,339 --> 00:56:00,359
is more consistent within with the
setbacks a waterless composting toilet

578
00:55:58,500 --> 00:56:05,280
is more consistent with sustainable
development and Environmental Protection

579
00:56:02,280 --> 00:56:09,900
than the previous Outhouse which is a
which existed at the time of purchase

580
00:56:07,140 --> 00:56:14,700
I've known Barbara puckering for over 62
years and I was excited when she and her

581
00:56:12,480 --> 00:56:19,140
husband bought the cabin I look forward
to the time when once again we can live

582
00:56:16,800 --> 00:56:22,980
in close proximity for a portion of the
year

583
00:56:20,520 --> 00:56:27,540
and no other comments were received at
the time of writing the report and the

584
00:56:25,440 --> 00:56:31,920
recommendation is as follows
the playing Department supports

585
00:56:29,099 --> 00:56:35,040
application a1922 subject to the
following conditions being applied

586
00:56:33,240 --> 00:56:39,059
number one that the development be
consistent with the site plan provided

587
00:56:37,020 --> 00:56:42,960
with the application contained within
appendix one at the report with the

588
00:56:41,460 --> 00:56:48,480
following setbacks
front yard setback Southeast Corner 2.85

589
00:56:46,140 --> 00:56:53,099
meters front yard setback northeast
corner

590
00:56:49,880 --> 00:56:57,240
5.808 meters interior side yard setback
to Southern Property boundary 1.64

591
00:56:56,160 --> 00:57:01,980
meters
and number two that the permission

592
00:56:59,940 --> 00:57:06,960
granted to this application for minor
variants shall be for a seasonal cabin

593
00:57:04,140 --> 00:57:12,420
use and that the property owner shall
sign an affidavit speaking to the use of

594
00:57:10,020 --> 00:57:17,819
the seasonal cabin which will accompany
any building permit application

595
00:57:14,940 --> 00:57:24,200
number three that the maximum height of
the seasonal cabin shall be 5.4 meters

596
00:57:20,640 --> 00:57:24,200
from grade to Peak

597
00:57:26,460 --> 00:57:37,280
perfect and uh sorry there was somebody
here from the public uh is that

598
00:57:32,520 --> 00:57:37,280
um sorry uh Helen Harper

599
00:57:38,400 --> 00:57:45,180
okay perfect I just wanted to confirm if
so there's no further comments than you

600
00:57:42,599 --> 00:57:49,460
okay perfect uh is there anyone else
from the public wishing to speak to this

601
00:57:47,099 --> 00:57:49,460
application

602
00:57:50,880 --> 00:57:57,440
okay
um now's your opportunity to present

603
00:57:55,200 --> 00:58:02,819
your case okay
as stated what it's a legal

604
00:58:00,240 --> 00:58:06,800
non-conforming seasonal use cabin and we
had a model built with respect

605
00:58:09,480 --> 00:58:17,780
to the and if I can just it would
would be permissible to pass it around

606
00:58:18,660 --> 00:58:25,819
which basically shows that the only
improvements to the seasonal cabin are

607
00:58:23,099 --> 00:58:33,200
to allow the raising of it
and a porch on the South and the east

608
00:58:30,420 --> 00:58:33,200
side of the cabin

609
00:58:33,960 --> 00:58:40,460
and there's a gradient they are showing
um

610
00:58:37,859 --> 00:58:40,460
the lot

611
00:58:52,140 --> 00:59:02,280
the enlargement of the legal
non-conformer use is relatively minor

612
00:58:57,440 --> 00:59:07,079
and the other condition that um the
secretary referred to was a form of a

613
00:59:04,680 --> 00:59:12,599
statutory declaration or affidavit on
the return I have amended the foreman

614
00:59:09,540 --> 00:59:16,440
provided the amended form but insofar as
it dealing with the issues that

615
00:59:15,660 --> 00:59:20,040
um
were spoken to in the recommendation

616
00:59:18,359 --> 00:59:25,579
they deal with the fact that it is a
seasonal cabin will continue to be used

617
00:59:22,140 --> 00:59:25,579
as a seasonal carbon

618
00:59:30,599 --> 00:59:38,420
I don't know if Joel has any issue with
respect to the I forged on to you

619
00:59:39,599 --> 00:59:48,480
uh so through the chair at this point in
time there there is no desire to look at

620
00:59:46,200 --> 00:59:53,460
any type of affidavit as the decision
has not been made my recommendation

621
00:59:50,579 --> 00:59:58,579
would be that if there is an affidavit
that has been provided by the applicant

622
00:59:55,020 --> 01:00:02,880
that is not consistent with appendix 9
that further discussions with the

623
01:00:01,079 --> 01:00:05,819
building department be had in order to
determine if that affidavit is

624
01:00:04,380 --> 01:00:08,480
acceptable to the building department
standards

625
01:00:08,579 --> 01:00:14,460
I assumed I have to apply it can if I've
applied for a building permit so I'm

626
01:00:13,079 --> 01:00:16,940
assuming those discussions would be
ongoing

627
01:00:17,640 --> 01:00:26,520
through the chair
I suppose my my recommendation in this

628
01:00:23,460 --> 01:00:30,299
regard is to if the committee is in
support of the application to disregard

629
01:00:28,440 --> 01:00:33,119
the content of the affidavit at this
point and let that be addressed through

630
01:00:31,619 --> 01:00:37,260
the building permit process with the
building department and to Simply make

631
01:00:35,760 --> 01:00:42,780
the decision on the matters and the
conditions as presented

632
01:00:39,200 --> 01:00:47,520
not necessarily considering the specific
appendix as provided that's just a draft

633
01:00:45,119 --> 01:00:50,760
so we're not stating that that has to be
the appendix going forward

634
01:00:49,319 --> 01:00:53,900
but the building department will have
the ultimate decision on that

635
01:00:55,260 --> 01:01:02,480
I'm chair Herod if I can add a comment
at this point I was in a meeting

636
01:01:00,960 --> 01:01:05,819
immediately
preceding the committee of adjustment

637
01:01:05,160 --> 01:01:11,160
um
meeting today and I had learned from the

638
01:01:09,299 --> 01:01:17,460
director of planning that the Chief
Building official was now aware of this

639
01:01:14,400 --> 01:01:21,839
affidavit and unbeknownst probably to
Joel

640
01:01:18,720 --> 01:01:27,000
is that he had indicated that he wants
the condition left as is and indicated

641
01:01:24,480 --> 01:01:31,980
that he would be happy to discuss the
matter further subsequent to the

642
01:01:30,180 --> 01:01:36,859
decision of committee today
so again just to confirm what planner

643
01:01:35,520 --> 01:01:42,540
Vine said
that the determination as to how that

644
01:01:40,980 --> 01:01:47,460
condition is satisfied would be
subsequent to the decision that there

645
01:01:44,880 --> 01:01:52,740
would be that appendix 9 would not
necessarily be the the format content

646
01:01:50,700 --> 01:01:57,299
absolutely required to satisfy the
condition and we would look at that

647
01:01:55,260 --> 01:02:01,140
subsequent to the decision today the
condition would still allow for that

648
01:01:59,160 --> 01:02:05,220
leeway to discuss how the condition
could be satisfied the content of the

649
01:02:03,180 --> 01:02:09,599
affidavit and so forth
I and if I might speak to it I'm content

650
01:02:08,339 --> 01:02:14,160
to deal with the building department
with respect to whatever their concerns

651
01:02:11,819 --> 01:02:18,240
are I think I've addressed them but I I
haven't been able to speak to anyone in

652
01:02:15,780 --> 01:02:22,140
the building department yet so I'm fine
with that it's just the there are the

653
01:02:20,339 --> 01:02:25,880
number of undefined terms in the draft
that I had concerns with

654
01:02:26,220 --> 01:02:30,859
and if they're defined then it won't be
a concern

655
01:02:40,260 --> 01:02:47,900
okay
do any of the committee members have a

656
01:02:44,640 --> 01:02:47,900
you have any comments questions

657
01:02:48,859 --> 01:02:57,299
Mr chair uh just for clarification
was the alterations and construction

658
01:02:55,099 --> 01:03:01,920
commenced without the benefit of a
building permit and this building permit

659
01:02:59,640 --> 01:03:05,880
in fact would Legalize It should it be
issued

660
01:03:03,720 --> 01:03:11,700
I don't believe that's the legal
situation the cabin was raised with

661
01:03:08,819 --> 01:03:16,140
respect to prior to the building permit
has not yet issued yet we go we received

662
01:03:14,280 --> 01:03:20,819
a notice from the town to say that we
had to apply for a building's permit and

663
01:03:17,819 --> 01:03:26,160
not to proceed with any so there's
pictures I guess in the application of

664
01:03:23,640 --> 01:03:31,380
the current state of the cabin which is
raised but unaltered from when the stop

665
01:03:28,619 --> 01:03:36,960
order issued in 2000 and
17 I believe it remains a legal

666
01:03:35,280 --> 01:03:43,020
non-conforming cabin regardless of
whether or not it's been moved in law

667
01:03:39,420 --> 01:03:46,079
but I appreciate that the zoning
department and myself may have a

668
01:03:44,520 --> 01:03:49,920
different opinion as to what the lies
and we don't have to agree on that we

669
01:03:47,760 --> 01:03:54,960
have just have to agree with respect to
what we do going forward

670
01:03:52,260 --> 01:04:00,720
so the issue is it's still illegal
non-conforming cabin the the town agrees

671
01:03:59,099 --> 01:04:04,920
with that in their report and I can
direct you to it that they've provided

672
01:04:02,880 --> 01:04:10,859
satisfactory proof
that since 1961 it's been a seasonal

673
01:04:07,680 --> 01:04:15,839
one-room cabin and will continue to be
so the enlargement we have to see the

674
01:04:13,799 --> 01:04:20,579
permission of the Town legally because
it's an enlargement we haven't done the

675
01:04:17,640 --> 01:04:25,940
enlargement yet we um that's the
building permit that is

676
01:04:22,579 --> 01:04:32,880
been filed back in
2017 so that's when the

677
01:04:29,400 --> 01:04:37,079
that's the the approach on the east side
and the north side now that it's been

678
01:04:34,980 --> 01:04:42,900
raised but the cabin was raised without
the benefit of a building permit

679
01:04:39,480 --> 01:04:48,540
which required the stop order in 2017
and there's been a whole history which I

680
01:04:45,960 --> 01:04:54,380
don't think is actually necessary to go
into at this time as to why we're it

681
01:04:50,760 --> 01:04:54,380
took so long thank you

682
01:04:55,799 --> 01:05:00,859
foreign
further questions

683
01:05:01,920 --> 01:05:07,520
is there is there a possibility that
sanitary will be on that street

684
01:05:09,420 --> 01:05:14,160
through the chair from the comments that
we've received through the public works

685
01:05:12,780 --> 01:05:19,020
department it does not appear as though
that's going to be a potential solution

686
01:05:15,900 --> 01:05:24,480
in the in the future as of right now the
street is not determined to be a

687
01:05:21,079 --> 01:05:27,180
right-of-way to Municipal standards and
the public works department has not

688
01:05:25,799 --> 01:05:30,200
provided any comment with regard to
Future Servicing

689
01:05:30,380 --> 01:05:40,579
so the only way they can continue using
that particular building or property is

690
01:05:36,720 --> 01:05:40,579
if we pass this

691
01:05:41,339 --> 01:05:48,900
that would be correct through the chair
the applicant has

692
01:05:46,680 --> 01:05:53,099
has provided information to the planning
department indicating that the water

693
01:05:51,180 --> 01:05:58,740
will be brought in and that these
sanitary will be achieved through a

694
01:05:55,260 --> 01:06:01,819
compost list in Violet toilet which was
spoken to in the staff report

695
01:06:07,260 --> 01:06:10,220
any further questions

696
01:06:12,839 --> 01:06:23,640
okay I just have a just confirming so
you're you are not opposed to uh signing

697
01:06:19,440 --> 01:06:27,920
the affidavit uh but uh there is some
language in there that you are wanting

698
01:06:25,500 --> 01:06:33,780
changed is that uh correct
that's are defined but yes yes and I

699
01:06:31,920 --> 01:06:37,980
appreciate that the language relates to
the building departments

700
01:06:35,640 --> 01:06:44,700
participation and and that would require
I guess negotiation as my he's indicated

701
01:06:40,859 --> 01:06:50,760
with the the building officials so
it really has it doesn't have to do with

702
01:06:46,980 --> 01:06:55,740
the zoning right okay so so no no the
reason why I'm asking is it doesn't

703
01:06:52,799 --> 01:07:00,660
reference uh appendix 9 in the
recommendations or the conditions that

704
01:06:57,960 --> 01:07:04,440
uh planning staff it just simply says
and that the property owners sign and

705
01:07:02,280 --> 01:07:08,339
aft David speaking to the use of the
seasonal cabin which will accompany any

706
01:07:06,480 --> 01:07:13,220
building permit application and I've
already signed it yes okay that's no

707
01:07:10,380 --> 01:07:13,220
problem okay

708
01:07:14,520 --> 01:07:23,599
um any uh further questions
and there's no one from the public

709
01:07:19,619 --> 01:07:23,599
wishing to speak to this application

710
01:07:25,859 --> 01:07:32,700
okay
all right so I will close the public

711
01:07:29,220 --> 01:07:37,640
portion of the meeting and
call the vote that the committee of

712
01:07:35,220 --> 01:07:44,359
adjustment hereby approved the
application from Barbara Pucker

713
01:07:41,339 --> 01:07:52,920
puckering and this is for application a
1922 6 Burns Lane do I move her

714
01:07:50,280 --> 01:07:56,640
member Morrison seconded
uh

715
01:07:54,059 --> 01:07:59,880
member of angul all in favor before you
hold the vote I'd like to comment on

716
01:07:58,140 --> 01:08:03,059
this if I could this is the appropriate
time because the motion's just been put

717
01:08:01,500 --> 01:08:08,579
on the floor so this is the appropriate
time for me to pass a short comment

718
01:08:05,940 --> 01:08:14,039
love it there's a part of me that
remembers old Wasaga that remembers

719
01:08:11,400 --> 01:08:18,060
Cottages it's I'm sort of down from the
old brox Beach area what was called

720
01:08:15,539 --> 01:08:20,759
Brock Avenue going on to gurrock if
you've been around long enough you

721
01:08:19,020 --> 01:08:24,540
remember what that is it's now 72nd
Street and the idea of this I went down

722
01:08:23,339 --> 01:08:28,259
and saw it today it took me a while to
find it I mean it's there's not a road

723
01:08:26,460 --> 01:08:32,040
trust me
um I was just fascinated by it and when

724
01:08:30,420 --> 01:08:36,540
I found the place there's like three
places tucked away back in there and I'm

725
01:08:35,400 --> 01:08:41,640
sure that there are all kinds of
inconveniences in being there but on the

726
01:08:39,179 --> 01:08:45,960
other hand I kind of loved the whole
Cottage atmosphere surrounded by trees

727
01:08:43,500 --> 01:08:50,160
isolation so many of the files that that
come before us are about being

728
01:08:48,120 --> 01:08:53,759
Progressive and moving forward and
that's fine I have that this is not what

729
01:08:51,960 --> 01:08:58,259
I'm objecting to I just think it's
really cool to see people that are happy

730
01:08:55,319 --> 01:09:01,799
with what they have and are just making
it legal non-conforming so they can

731
01:08:59,759 --> 01:09:04,620
enjoy it and so all the more power to
you I'm happy to move the motion and

732
01:09:03,120 --> 01:09:09,719
most certainly be voting for it thank
you Mr chair

733
01:09:06,719 --> 01:09:14,120
thank you for those comments
any further comments before I call vote

734
01:09:15,000 --> 01:09:17,839
so all in favor

735
01:09:18,000 --> 01:09:22,400
and that is carried
thank you

736
01:09:24,359 --> 01:09:33,600
all right so the last application we'll
go back to uh

737
01:09:29,239 --> 01:09:39,440
4.3 and this is for 1038 to Mosley
Street do we have the applicant online

738
01:09:40,620 --> 01:09:47,580
there is still one applicant that I am
waiting for a response from so I am

739
01:09:45,900 --> 01:09:53,699
asking that person at this time if they
could respond or turn their camera on if

740
01:09:51,120 --> 01:09:57,739
it pertains to the application
this is the only matter left correct

741
01:09:58,400 --> 01:10:05,960
I I think I see
is this uh is this rosabella

742
01:10:06,960 --> 01:10:10,400
can she hear me

743
01:10:14,760 --> 01:10:22,699
asked her to unmute her
um self there so

744
01:10:19,199 --> 01:10:22,699
hi can you hear us

745
01:10:27,840 --> 01:10:30,620
can you hear us

746
01:10:49,320 --> 01:10:52,320
foreign

747
01:11:00,360 --> 01:11:07,340
the person online with their video
can you hear us

748
01:11:25,199 --> 01:11:31,980
jerk we'd like to take a brief break I
can try to call the applicant or the

749
01:11:30,239 --> 01:11:36,000
owner of the property
I mean at this point it might be

750
01:11:34,440 --> 01:11:40,080
beneficial we can see that she's online
but clearly she can't hear us so I don't

751
01:11:38,040 --> 01:11:46,080
know if her speakers are off or
yeah or as you suggested before

752
01:11:43,020 --> 01:11:50,760
um the application you had asked about
deferral for the application as well or

753
01:11:49,199 --> 01:11:57,360
possibly
I mean is there a cost to the applicant

754
01:11:54,480 --> 01:12:02,219
if if we defer it no there'd be no cost
to the applicant for it to come back at

755
01:12:00,000 --> 01:12:05,340
the next meeting
point of clarification and I really just

756
01:12:04,080 --> 01:12:09,120
want to understand something I'm not
objecting anything

757
01:12:06,960 --> 01:12:12,000
like is there a rule that the applicant
is required to be in attendance during

758
01:12:10,739 --> 01:12:14,940
these things because I'm sure we've
dealt with things in the past without

759
01:12:13,080 --> 01:12:18,719
them in attendance and it's a beautiful
day out I can't imagine that if I had

760
01:12:16,800 --> 01:12:22,140
something before us that I thought was
not going to be controversial I'm pretty

761
01:12:20,520 --> 01:12:25,380
sure I wouldn't be here either
so I'm just I'm just curious what the

762
01:12:24,000 --> 01:12:29,600
what the rules are if they have to be
here then we've got to do something if

763
01:12:26,580 --> 01:12:29,600
not let's just move ahead

764
01:12:31,080 --> 01:12:38,880
through you the chair with the
application that we're dealing with

765
01:12:34,560 --> 01:12:44,040
today so with 8 19 23 for remote 1038
mostly sweet the applicant is clearly

766
01:12:41,239 --> 01:12:48,960
online today with us today intending to
attend the meeting

767
01:12:46,380 --> 01:12:54,600
so for this application in particular
she's here and able to and would like to

768
01:12:52,320 --> 01:12:57,780
participate I apologize for my final
comment it was I shouldn't have been

769
01:12:56,219 --> 01:13:01,380
stated this is a different situation but
the first question is still the reason I

770
01:12:59,400 --> 01:13:07,199
asked for the clarification is are are
we required to have the the applicant in

771
01:13:05,100 --> 01:13:10,560
attendance in some manner in order to
review the event and decide a file I'm

772
01:13:09,480 --> 01:13:15,620
not suggesting I understand what you're
saying about this one yeah but in

773
01:13:12,480 --> 01:13:15,620
general is that true or not

774
01:13:15,780 --> 01:13:21,679
so so if if I may I think we have to
provide them with an opportunity to

775
01:13:20,340 --> 01:13:29,159
present their case
and this is based on natural justice so

776
01:13:25,860 --> 01:13:35,900
and the rules of natural Justice we're a
tribunal exercising uh

777
01:13:32,520 --> 01:13:40,920
powers of uh and so
the committee May

778
01:13:38,159 --> 01:13:46,320
decide not to vote in favor of this so
we need to provide the applicant the

779
01:13:42,900 --> 01:13:51,540
opportunity to present their case so
um again I don't know what staff

780
01:13:48,300 --> 01:13:56,640
recommend if this if this is normal this
is the first time I've ever come across

781
01:13:53,280 --> 01:14:02,159
this so if
the manager wishes to uh

782
01:13:59,520 --> 01:14:06,780
provide some clarity on this
I just it's my understanding I'm not

783
01:14:04,860 --> 01:14:10,440
familiar with overly familiar with the
details of this particular application

784
01:14:08,640 --> 01:14:15,300
but it's my understanding that there
what there were comments received from

785
01:14:12,420 --> 01:14:22,800
the public on this application and in
that situation then the applicants

786
01:14:18,380 --> 01:14:27,360
ability to respond to those comments
um would require that

787
01:14:25,500 --> 01:14:31,320
they'd be
that they'd be able to respond to them

788
01:14:29,280 --> 01:14:35,300
and they obviously have made an effort
to be part of this public meeting

789
01:14:36,420 --> 01:14:46,560
okay
um so I'm gonna put forwards a

790
01:14:42,260 --> 01:14:51,659
motion to defer this application to the
next committee meeting we spent enough

791
01:14:49,679 --> 01:14:57,540
time trying to get a hold of the
applicant and maybe staff can follow up

792
01:14:54,840 --> 01:15:01,560
and see if she can either attend in
person or

793
01:14:58,739 --> 01:15:06,080
trying to get those so so that the
applicant sort of the application

794
01:15:04,020 --> 01:15:06,080
um

795
01:15:10,320 --> 01:15:22,040
e19 23. thank you application a 1923 for
1038 Mosley Street rosabella DeAngelo so

796
01:15:20,280 --> 01:15:27,260
this is for a variance
I'm going to put forward the motion that

797
01:15:25,500 --> 01:15:33,960
this uh
application applicant application be

798
01:15:31,739 --> 01:15:38,880
deferred to the next scheduled meeting
before you do that chair Herod if I can

799
01:15:36,480 --> 01:15:43,199
interject for a moment is it possible
for us to chat

800
01:15:40,980 --> 01:15:46,820
use the chat function I've been doing
that for the past half an hour

801
01:15:46,860 --> 01:15:52,140
okay and
are we

802
01:15:49,860 --> 01:15:57,000
again through the chair is it possible
for us to give them a phone call I'm not

803
01:15:54,540 --> 01:16:01,620
opposed to that if if the members are
good with taking a five minute recess so

804
01:15:59,760 --> 01:16:06,179
that we can try to get a hold of the
applicant

805
01:16:03,179 --> 01:16:11,820
and I through you again
um is there anyone in the public here to

806
01:16:08,820 --> 01:16:17,820
speak to this today
yes there there is

807
01:16:14,580 --> 01:16:22,020
okay so for want of
one more try

808
01:16:19,560 --> 01:16:25,219
a telephone maybe we can still wrap this
up today okay

809
01:16:23,580 --> 01:16:32,040
um so we'll take a five minute recess
and if somebody can try to phone the

810
01:16:29,040 --> 01:16:36,500
applicant that would be great
yeah

811
01:16:33,179 --> 01:16:36,500
just before

812
01:20:31,980 --> 01:20:39,179
for one moment for the recurring
secretary to confirm that the recording

813
01:20:36,900 --> 01:20:48,500
has started
okay so it's uh 319 right now we started

814
01:20:45,120 --> 01:20:55,860
at two o'clock uh
uh the the application that we're

815
01:20:51,060 --> 01:21:03,000
waiting to hear is a 1923 and this is
for 1038 Mosley Street uh

816
01:20:59,940 --> 01:21:08,400
um and this is rosabella uh to Angelo
for a variance

817
01:21:04,920 --> 01:21:11,580
um she has tried to connect multiple
times

818
01:21:09,320 --> 01:21:14,580
unfortunately it appears that she's
having

819
01:21:12,480 --> 01:21:18,420
technical issues
um

820
01:21:15,600 --> 01:21:24,360
I
don't feel as if we should be proceeding

821
01:21:21,360 --> 01:21:30,179
with this application
um based on our duty of procedural

822
01:21:27,480 --> 01:21:37,159
fairness which is the right to
participate in having the right to

823
01:21:32,760 --> 01:21:37,159
participate and the right to be heard

824
01:21:37,620 --> 01:21:44,280
So based on those grounds I don't feel
comfortable proceeding with this

825
01:21:41,580 --> 01:21:49,980
application we've staff have attempted
multiple times to reach this individual

826
01:21:46,920 --> 01:21:54,620
I appreciate that people are here
wishing to speak to this application

827
01:21:52,620 --> 01:21:59,880
I personally don't feel comfortable
proceeding so I am going to put forward

828
01:21:57,480 --> 01:22:04,739
a motion that this application be
deferred to the next scheduled meeting

829
01:22:01,679 --> 01:22:09,780
and request that staff follow up with
the applicant to see if they can attend

830
01:22:07,199 --> 01:22:14,520
in person next time
um do I have a well I guess I'll move it

831
01:22:12,120 --> 01:22:18,320
do I have a secondary
member van Ghul all in favor

832
01:22:18,840 --> 01:22:26,760
and that is carried
um so this uh so just for the

833
01:22:24,719 --> 01:22:30,840
individuals in the audience
um just to confirm

834
01:22:28,520 --> 01:22:35,400
we've deferred this to the next
scheduled meeting hopefully you can

835
01:22:33,239 --> 01:22:38,040
attend if this is something you're
wishing to speak with

836
01:22:37,320 --> 01:22:41,340
um
I don't know if you still have an

837
01:22:39,659 --> 01:22:46,080
opportunity to present
um like if you're unable to attend in

838
01:22:44,219 --> 01:22:51,600
person next time if you can maybe send
your information to the secretary

839
01:22:49,020 --> 01:22:57,360
treasurer so they can be read into the
record just like the previous applicants

840
01:22:55,199 --> 01:23:02,940
um or sorry applications that were done
so if you're if you're not able to

841
01:22:59,100 --> 01:23:06,719
attend that's my suggestion to you but I
do appreciate the time that you've spent

842
01:23:04,739 --> 01:23:10,340
waiting to hear this and unfortunately
we're just not able to proceed

843
01:23:12,540 --> 01:23:23,420
not in relation to this unfortunately
we've we've voted on it to defer the

844
01:23:19,800 --> 01:23:23,420
matter to the next meeting

845
01:23:26,520 --> 01:23:36,060
so I I appreciate uh the time that you
spent to to try to speak to this

846
01:23:33,780 --> 01:23:40,199
application unfortunately
um we've we've just voted on it so

847
01:23:38,940 --> 01:23:46,800
um if you haven't already sent your
comments I would suggest doing so okay

848
01:23:44,040 --> 01:23:56,159
all right so that concludes the meeting
uh today so the next scheduled meeting

849
01:23:50,179 --> 01:24:01,280
uh is on October 18th uh 2023
um so uh do I have a mover to adjourn

850
01:23:58,980 --> 01:24:01,280
the meeting

851
01:24:01,380 --> 01:24:09,739
remember Morrison and seconded by uh
cool Savannah

852
01:24:10,679 --> 01:24:17,179
all in favor
thank you

853
01:24:17,940 --> 01:24:22,219
yes if if you wish yes