um on Wednesday September 20th this is I'm going to call to order the meeting
of the committee of adjustment held in the council chambers and start
time is 202 pm so first of all I'm going to read a land
acknowledgment so I'd like to begin the meeting by
recognizing the First Nations maybe Inuit people of Canada as traditional
stewards and caretakers of the land we acknowledge that the town of Wasaga
Beach is located on the boundaries of treaty 18 the traditional lands of the
nishinaabe hoduna Shawnee wendat and home of the many First
Nations matey and Inuit people as part of the intricate nationhood that reaches
across Turtle Island at this time of Truth and Reconciliation
we welcome an opportunity to work together towards new understandings and
relationships and ask for guidance in all that we do
next is disclosure of any pecuniary interests from any of the members and I
see one of the members from item number one
so is that three point Sorry 4.1 for 34 Nancy street is that correct thank you
so just make sure you excuse yourself anyone else
[Music] okay
I'm seeing none next is the adoption of the minutes of the meeting from August
16 2023 and the recommendation is that the committee of adjustment adopts the
minutes of August 16 2023 um so do I have a mover
okay and sorry that was uh Andy a segmented by Leo
um so uh thank you so now we're going to
get into the actual application so we have
done sorry moved by and seconded by Leo sorry Andy Leo all in favor oh sir sorry
all in favor that's Carrie thank you
um so we have six applications uh being
heard today so just to give a introduction to everyone here today so
my name is Adam Herron I'm the chair of the committee
members of the committee are Vice chair Dave Morrison a member uh Harold van
gool member Andy Ferguson and member Leo
casameno for each application being considered by the committee today the
following process will occur firstly the
[Music] um
firstly as the chair I will invite the applicant agent or owner to the podium
or if they are appearing virtually I will ask that they turn on the camera
and microphone following this the secretary treasurer
will then read the application being considered
and we'll review any comments regarding the application that were made by Town
departments outside agencies and the public and will then provide
recommendations made by planning services
after the application is read by the secretary committee sorry the secretary
treasurer I'll ask the applicant to enter agent to present their application
and address any issues raised by the raised in the staff report or public
concerns already filed
next uh the uh
public portion of the meeting will be any any members attending for the public
portion of the meeting will be able to provide any comments and concerns with
respecting the application so I see that we have a number of people here and I'm
not sure if they're here for the matters or if they're here as interested to
members so you will have an opportunity to
present any comments or concerns uh so the recording secretary will be
monitoring um and providing each member of the
public who wishes to speak their opportunity to do so
um I'll ask the applicant members of the
public or town staff to answer any questions that may have been
may have been presented with respect to the applications being heard
before closing the public portion I will ask the recording secretary if there are
any further questions from the attendees I will then ask the committee members if
they have any questions and following this the public portion of
the meeting will be closed committee members will then put forward
a motion the committee members will render a
decision by either granting the application with conditions
granting applications with modified conditions reserving their decision
refusing the application as submitted or deferring the application to another
public meeting
I believe there is a sign-in sheet is that correct
Okay so it is important that the town receives
the correct names and addresses of the individuals having interest in each of
the applications being heard um therefore if you plan to speak to the
committee at the meeting or wish to receive a copy of the decision you must
provide your name address and email address name address or email address to
the secretary treasurer and there is a sign-in sheet
under the planning act the applicant specified person or public body May
appeal the decision the appeal period for the committee of adjustment is 20
days from the date of decision being signed the deadlines for each of the
application will be provided on the notice of decision
the applicant applicant prior to the committee rendering its decision may
wish to have their application deferred until the next meeting such requests
will be at the sole discretion of the committee
the public portion uh sorry the public meeting is being recorded and live
streamed so your name and address and other personal information are being
recorded recorded in accordance with the municipal Freedom of Information and
protection to Privacy Act
so we will get started with the meeting so we have application number one
b3223 this is for 34
Nancy Street and I believe we have the owner's agent here so if you want to
step forward um and uh we have that uh disclosure of
peculinary Interest um
would you like to leave the room just for the
um
we'll call you back in
uh welcome so if you want to state your name for the records
um gurjit mahant Ontario land severe
working with Rudy Max survey acting agent for this project perfect thank you
very much so I'm going to get the secretary treasurer to read the
application so if you want to just grab a seat for now thank you
thank you chair so application b3223 at 30 the land
subject to the application is 34 Nancy Street
and an application for consent to sever um
application v3223 was submitted by gergy mahant on behalf of Merriman Kamali math
frujaki owner of the subject lands
the applications or survey proposes to create one new lot for a total of two
lots the portion of the property proposed to be severed as shown on the
updated Severance sketch provided as Parts two and three has a frontage of
approximately 16.25 meters a depth of approximately 30.3 meters and an area of
approximately 492.6 square meters the portion of the
property proposed to be retained as shown on the update Severance sketch
provided as Parts 1 and 4 has a frontage of approximately
29.53 meters a depth of approximately 32.3 meters and an area of approximately
627.3 square meters
comments Public Works is Public Works does not oppose the
applicant's request the mvca has no objection to the approval and with Sega
distribution reviewed the proposal and has no objections
other comments received was from Hydro 1 and they have no comments or concerns
and we received a public comment from the owners at 44 Nancy Street 43 Nancy
Street Sharon and Alex Annette Jake Jason vocage
they would like to be they perhaps are here at the meeting today to address the
trees on the lot being severed and as they're leaning over the roof causing
gutters to clog every year and pushing on their fence causing it to lean and
I'll read out the recommendation and then if they're in the audience
and recommendation and consideration the
foregoing based on the above the planning department supports the
application b3223 subject to the following conditions being applied that
number one that the five percent residential Parkland contribution as
required by the planning act be paid as a requirement of the approval of the
severance the parcel severed the determination of the value of the
Parkland contribution will be based upon an appraisal prepared by an AIC and
sorry an appraisal member of the appraisal Institute Canada
and pursuant to section 51.14 of the play act number two that
the applicant provides a deposit reference plan said reference plan to
show all the parcel to be severed number three that an overall lot grading
plan is to be provided showing both Lots in accordance with the town current town
of Wasaga Beach engineering standards and policies specifically the info lot
grading and drainage policy existing Services locations to be shown on the
above plan for both retained and severed Lots number four that the owner is
required to complete a full title search of the property to determine that the
current ownership of Parts three and parts four and subsequent the above if
Parts three and part four are not currently owned by the town of saga
Beach then the parcels are to be dedicated to the town
of Osaka Beach and number five that all conditions of the decision be fulfilled
and that the documents presented to the planning department for issuances
certificate of consent within a period not to exceed to 24 months
yeah thank you
um and uh do you wish to address the committee
for this application
can you hear me
oh yeah no we will we agree with the
conditions and we'll fulfill them for the severance application recommended by
the staff report
and sorry there was a comment from the member of the public are they here today
uh the members of the public that wrote In from 44 Nancy Street and 43 Nancy
Street Sharon and Alex Annette or Jason bokich are they in the are they here
today yes and would you like to speak and would you like to speak to the
application yes yes
yeah so if you want to come up to the podium and just make sure you press the
button in the center of the microphone just to turn it on
yep thank you okay
sorry I'm just going to stop but I don't think if you want to step closer to the
microphone or bring it closer to you and just press the button it turned off uh
thank you okay
hello
I think that's it okay we are the neighbors of um your clients and we have
no nothing concerning I'm severing the lot but we would like to address the
trees that are hanging over our roof and I have pictures like we're not picky
neighbors but the the trees are just covering our roof and right now the
roofs full of pine needles and leaves and come fall it's going to get worse
so if he would address maybe taking the trees down or cutting the branches
that's over our roof
so those are your only comments just about the trees yep yeah okay with no
objection to the suffering of the lot but the lot that he's going to sever is
on our side so maybe before he sells it he would address that
so unfortunately the committee can't make any sort of conditions like that
in their in their application this this is a matter that maybe you can speak to
the homeowners or through their agents and maybe come to some sort of a
resolution between the parties but I mean obviously you have some concerns
hopefully they can come to some sort of resolution between between everyone okay
okay can I leave the pictures with you yeah okay
and we're number 44 if he has any objections he can come see us okay yeah
and maybe you guys can speak afterwards and maybe exchange phone numbers or
emails or whatever the case may be okay okay
thank you
okay was there anyone else that uh wanted to speak to the committee
okay anyone online
okay do any of the uh committee members have
any questions
okay uh seeing none I will close this public portion of the meeting for this
application and then I will
call the vote that the committee of adjustment hereby approve the
application from gurjet Manhunt and that's for 34 Nancy street
so do I have a mover do I have a mover
Leo seconded Andy thank you and all in favor
and that is carried thank you thank you
thanks so we're just going to hold on until the uh other member gets back
foreign
okay so moving on so we have application B 33 23 and this is for 60 Robert Street
I'm not sure if the okay the owner or the agent is here so if you want to just
come forward state your name for the record and then I'll get the secretary
treasurer to read the application
Suzanne Roo the owner for his 60s
application b33 23. land subject to the application
municipally addressed as 60 Robert Street South the purpose and effect the
application proposes to create one new lot for a total of two lots the portion
of the property proposed to be severed as shown as the proposed parcel to be
severed on the severance sketch submission as a frontage of
approximately 18.72 meters along Robert Street South a
depth of approximately 38 meters and an area of approximately
711.36 square meters the portion of the property proposed to be retained shown
as the proposed parcel to be repained retained on the severance sketch
submission has a frontage of approximately 12 meters along Roberts
Street South a depth of approximately 77.76 meters in an area of approximately
1724.64 square meters
comments the towns Public Works and Engineering nearing department does not
oppose the application the mvca does not oppose the application wdi has no
objections and we have one
sorry two comments so um one comment from the public and Hydro
One also sent in comments after the uh the agenda was posted saying that they
have no comments or concerns at this time
and a um a neighbor from
95 or sorry a gentleman from 95 still a piano Crescent
has commented saying that they they think expanding the density and
framework of the street will be a benefit to the community
and the recommendation is as follows the playing Department supports application
b3323 subject to the following conditions being applied that the five
percent residential Parkland contribution as required by the planning
act be paid as a requirement of the approval of severance the parcel suburb
the determination of the value of the Parkland contribution will be based upon
an appraisal prepared by an individual who is a member of the appraisal
Institute of Canada and pursuant to section
51.14 of the planning act number two that the applicant provides a registered
reference plan said reference plan to show all of the parcel to be severed and
all the parcels be retained number three that an overall lot grading plan is to
be provided showing both thoughts in accordance with the current town of
Wasaga Beach engineering standards and policies specifically the info lot
grading and drainage policy existing Service locations to be shown on the
above plan for the severed lot and the new sewer and water services for the
retain lot number four that new sewer and water
services to be installed to the retained lot by a town approved contractor in
accordance with Channel asaga Beach standard drawings 12 8 and 12 B
number five that a road occupation permit is to be obtained prior to any
Works within the right towns right away and number six that all conditions of
this decision be fulfilled in the documents presented to the planning
department for issuance of the certificate of consent within a period
not to exceed 24 months from the data decision
perfect if you want to step forward and address the committee with your
application if you have anything further to add
that's pretty straightforward so we've we've read through it all and it looks
good thank you if you want to grab a seat uh
is there anyone from the public wishing to speak to this application
sorry if you can just come back up the committee members may have some
questions sorry um
so anyone online
no okay okay all right do any of the committee
members have any questions
um no questions for me you have reviewed the um
recommendations and you're good with the recommendations that's okay
perfect so I will close the public portion of
this meeting and I will call the vote that the committee of adjustment hereby
approve the application from Gerald and Suzanne Roo and this is
for 60 Robert Street application b3323 with the conditions as set out do I have
a mover um member Ferguson and seconded
a member of angul so all in favor and that is carried thank you very much
thank you very much
all right so the next application is uh for
uh 10 38 Mosley Street
and this is application a19 23
and is the applicant here online
rosabella as you hear
is she supposed to be
yeah um so the recording secretaries
indicated that she was online a moment ago so we will perhaps just pause for a
moment to see if she lost connection or something sure do you want us to move on
to the next application hold this one down
yep we can do
that so the next application is application number four a 2023
this is for uh 34 uh 60 seconds Street North
do I have the applicant here
are they online
there is one one individual online that their name is not displayed so I've
asked for clarification on that so once we hear back we can determine who that
person is okay
okay
all right just uh in the interest of time is there is like are we expecting
these people to show up do we do we know
um I believe that we did have a resident who was going to speak to this
application however I do not see them online
and I am wondering if it is possible that one of these five individuals that
are on the zoom call right now are to speak to this application so perhaps
they can put their cameras on in their microphone
so that they can advise us of who they are
and that would be for application a 2023 so we believe that the applicant owner
uh roselba Rosa for application a 1923 was online but perhaps lost connection
so and when we moved over to a 2023 um there is somebody online but we are
not sure if it's somebody willing wanting to speak to this application
the applicant or agent
and sorry can we confirm that they can people can hear Us online
the recording secretary has affirmed me that there's two people trying to speak
right now
if you're online and you can hear us can you please
um say yes you can hear us or indicate that you cannot I believe somebody was
trying to speak but a period though their microphone was off
foreign
at this time I think we're having some issues with some of the audio so we can
either move on to the next application um which would be b1823
I believe the applicant Lee is here as well as the
planners here so is that accurate okay perfect so let's uh let's move on
to application number five b1823 and this is for 88 and 176 Lions
Court so if you can just state your name for
the record my name is Lee bull I'm with mhbc I am the agent for the applicant
thank you
and if you want to read in the application please
so application b1823 for 88 and 176 Lions Court municipally the minute lands
are subject sorry municipally address that 88 and
176 Lions Court the purpose and effect an application has been submitted by
mhbc planning care of Meatball on behalf of the owners Das Development
Corporation the application proposes to create one
new lot to be transferred into separate ownership for a total of two lots one
new lot one retained and 12 easements for servicing and access including but
not limited to storm water pipes driveway access sewers water mains gas
hydro and Telecommunications as shown on the severance sketched
Severance sketch proposed easement s provided the portion of the property to
be severed contains the existing playtime casino and Match Eatery
operating by Gateway entertainment limited and is associated in the
associated parking lot the lands are shown as part 18 to 19
22 23 and 27 on the severance sketch provided and has a frontage of
approximately 91.5 meters on Mosley Street a depth of approximately at 194
meters an approach an area of approximately 2.35 hectares
the portion of the property proposed to be retained shown as Parts 1 to 17 21 to
20 to 21 and 24 to 26 on the severed sketch provided has a frontage of
approximately 234.5 meters on Mosley Street a varied
lot depth and an area of approximately 12.97 hectares
the application also proposes to the creation of 12 easements for servicing
and access included including but not limited to Stone water pipes driveway
access sewers water mains gas hydro and Telecommunications
comments Public Works does not object the
application I'm VCA has no objection to the application with Sega distribution
has reviewed the proposal and have no objections to
has no objections to its approval subject to the following comments
we'll say good distribution as received and reviewed the submitted proposal
plans this review however does not imply any of the approval of the project or
plan in addition to the easements located on part 2 5 24 and 26 of the
easement sketch the applicant should be aware that wdi does require legal
easement through a retained portion of the property this easement is for
existing electrical service that feeds the Transformers located on the separate
portion of the property
MTO has comments and they have no but they have no concern or objection
and Frank from Frank Proto Manny from ardn Investments Inc is in full support
of the application to create one commercial lot for a total of two lots
the recommendation is as follows planting stocks the staff support
application be teen 23 subject to the following conditions being applied that
the Parkland contribution as required by the planning act be paid as a
requirement of the approval of the approval of the severance the parcel
severed the determination of the Parkland contribution will be based upon
an appraisal prepared by an individual who's a member of the appraisal
Institute of Canada number two that the applicant provides a deposited reference
plan said reference plan to show all the parts of Liberty suffered all of the
easements as presented in the attachment two of the report number three that
construction of the access over the retained land from Lions court is
constructed to the satisfaction of the MTO
such that it may be approved for opening to the general public and number four
that all conditions of this decision be fulfilled in the documents presented to
the plane department for issuances certificate of consent within a period
not to exceed 24 months from the data decision
thank you um is there anyone from the public wishing to speak to this
application here today
okay um if you want to just uh if you have
anything further to add in regards to this application now is your opportunity
to do so thank you chair I do have a brief
presentation for the committee are you able to
like and they're recording secretary will pull that up now
thank you
will she flip through the slides okay all right
okay
I have it on a thumb drive would that help
okay all right
beautiful
thank you good afternoon everyone as I indicated
earlier my name is Lee Bull and I'm an associate with mhbc planning out of
their Berry office we represent Das Development Corporation
on the consent application before the committee this afternoon
also joining us by Zoom are the applicant and their lawyer who is
available to answer any detailed questions that you may have about the
proposed easements to be created through this consent application
the property that is subject to this application is located at 88 and 176
Lions Court which is located the southwest corner of lions court and
Mosley Street the lot proposed to be severed is
currently home to the existing playtime Casino while the retained lot is
currently vacant site is primarily surrounded by roads
with residential development north of Mosley Street and East of lions Court as
well as south of the property
and Highway 26 runs along the Southwest boundary of the property
the purpose of the application is twofold firstly the application is
intended to facilitate the severance of the existing Casino from the remaining
vacant portion of the property and the second purpose of the application is to
create easements for servicing and access to both the severed and retained
parcels
portions shown in red on the slide illustrates the casino lands which are
proposed to be severed from the remainder of the land Holdings the lands
in blue are proposed to be retained
the proposed consent application also includes the creation of 12 easements
for servicing and access including but not limited to storm water management
pipes storm water flow driveway access sewers water mains gas hydro and
Telecommunications we have completed a land use planning
analysis of the proposed Severance and in our opinion it is consistent with the
relevant policies of the provincial policy statement in Conformity with the
relevant policies of the growth plan both of which direct development to
settlement areas we have also reviewed the application
against the lot creation policies within the town of Wasaga Beach official plan
and in our opinion the application conforms to those policies
we have completed a zoning compliance review for both the proposed severed and
retained Lots the retained in severed Lots comply with the Zone standards of
the district commercial Zone within which they are located
in my opinion The Proposal is consistent with the relevant policy regime and the
town of Wasaga Beach zoning bylaw and represents good planning I have read the
report prepared by the planning department on this application and agree
with their recommendation that this consent application be approved by the
committee subject to the conditions as outlined by staff in their report I'd be
happy to answer any questions that you may have at this time
thank you very much to any of the members have any questions for either
the agent or the lawyer that's here via Zoom
okay seeing none and I don't believe we have anyone here just to confirm wishing
to speak to this matter either online or in person
okay I will close this public portion in the meeting seeing as there's no
questions from the public or comments and no questions from the committee
members I will now call the vote that the
committee of adjustment sorry the just give me one second
sorry so the committee of adjustment hereby approved the application from Das
Development Corporation it's for consent um
with the conditions as set out in the
staff report sort of a mover
member Casa Mano and seconded by member van
Ghul um and all in favor
and that is Kerry thank you thank you
do we know if we have anyone online
not pertaining to that application now the person online that was waiting was
for a previous one but they are gone now okay
is there anyone else
did you want to go back to um to a 1923.
uh is the applicant here or
I I personally don't feel comfortable proceeding with the applications without
the applicants being here they may have an issue with the conditions and they
may want to present I don't know if staff have any comments or
if if it's normal for Apple applicants not to show up
there has been situations in the past where applicants haven't
attended or the applicant or agent or owner hasn't attended but with that
being said I believe somebody from the audience said that they did see her
online um
okay but the but the committee if depending
on what you decide to do then
I guess what is uh what is the best way forward do we
wait for these people to maybe show up or
it's very suit yeah
I suggest that we move to a 2023 for the time being
which is that the Gentlemans indicate that they are here today so that's the
application 4.4 okay so we'll move on to application
number four I'm not sure if one of the staff members can reach out to the
applicants for these files just to see if they're intending to show up if they
have any objections is that something that can be done
well then I would ask you if the recording secretary noticed if she did
try to get online then maybe she's having connection issues which would be
different than her not showing up
okay all right so application number four a
20 23 34 62nd Street North um and we have Sue here or
I'm your husband okay do you want to step forward and state your name for the
record Eddie Edward proceeding okay
sorry what was your last name pursuiti yes okay
on your the uh husband husband okay and Sue is here yes okay perfect all right
so this is for a variance so um as you may have heard the uh secretary
treasurer will read in the application okay
so application a 2023
um land subject to the application sorry municipally addressed as 34 62nd
Street North and an application for a minor variance
was submitted by Edward prasuti on behalf of Sue facility owner of the
subject lands the application requests relief from section 4 residential type 1
R1 zone of comprehensive zoning Bella sorry 2003-60 and they're specifically
requesting relief from section 4.3.6 to permit an additional in
addition to the existing dwelling with a rear yard setback of Five Point 98
meters whereas the minimum rear yard depth of 7.6 meters is required section
4.3.9 to permit a total lock coverage of 38.6 where maximum Total Lock coverage
of 35 is permitted and the variances were requested would facilitate the
construction of a one-story 16.84 square meter addition to the rear of the
existing dwelling unit the recommendation
sorry comments Public Works does not oppose the application the mvca has no
objection to the application
there's no public comments
and the recommendation is as follows playing Department
supports application a 2023 subject to the following conditions being applied
that the development will be substantially consistent with the site
plan drawing provided with the application contained within appendix
one of this report of the report
thank you would you like to just uh speak to this
application if you can just stand up to the podium
basically we want to expand the dwelling just to expand our kitchen washroom and
construct like a utility overflow room which we don't have at the moment so
just additional space
it's basically it
okay thank you um do any of the uh I guess anyone here
from the public wishing to speak to this application
okay any of the committee members have any questions comments
um okay seeing uh none I will close the public portion of
the meeting and I'm not sure if you read in the
recommendations um Christy
okay so you've obviously seen the
recommendations and conditions
drainage that what we were proposing would not affect
storm water or water runoff to other properties and it would it that the
development be substantially consistent with the site plan drawing provided oh
yes yes
okay perfect thank you um so if you uh no questions from the committee members
then I will uh call the vote and sorry that the um
the committee of adjustment hereby approved the application from Sue facili
and this is for a 2023 34 62nd Street North for the variants
with the conditions as set out another mover
uh and seconded
thank you
and all in all in favor
and that is completed so you're free to stick around or head out thank you thank
you
okay so um
have we heard back from the other applications
don't see her online anymore for application e1923
okay [Music]
um so I guess we I'm assuming that everyone
else is here for the last application is that correct
yeah okay so we'll deal with that and then go back
to the final one afterwards
um so do we have the applicant here
Barbara okay
sorry can you just put on the mic just press the middle button
thank you good afternoon my name is Barbara
puckery I'm the agent owner of the corporation that owns the property I'm
here today with my husband as well who's brought a model of the the cabin
and the neighbor to the North and the South is also present
okay perfect if you wanted to grab a seat we'll get the Secretary of
Treasurer to read in the application and then you'll have an opportunity to
present your case
foreign
application a 1922 um land subject to the application is
municipally dressed as six Burns Lane purpose and effect the applicant
requests relief from section 3.22 non-conforming uses of the zoning bylaw
2003-60 to permit the expansion of a legal non-conforming seasonal cabin use
the applicant has indicated the requester relief would enable the
expansion of the Season seasonal cabin and continue the seasonal cabin use the
applicant has indicated the requested relief would seek to expand the existing
30.23 square meter seasonal cabin by way of an 8.57 square meter deck Edition
along the east portion of the seasonal cabin and by way of an 8.65 square meter
deck Edition along the south portion of the seasonal cabin as indicated in the
site plan drawings provided for an overall increase of 17.22 square
meters and a resultant size of 47.45 square meters further the
applicant is seeking to increase the height of the seasonal cabin from 4.5
I'm sorry for 4.7 meters to 5.4 meters in addition to the above the applicant
request relief from section 3.23 non-complying Lots buildings or
structures to recognize the location of the non-compliant building
comments received the Public Works does not oppose the applicant's request and
they have no conditions at this time
the mvca it's not regulated by the nbca the building department has indicated
that the property owner will need to sign an affidavit in regards to the
classification of the building as to not be permitted as anything more than a
seasonal cabin for seasonal recreational use the draft affidavit is affixed to
the to the report and there is public comments from a
resident Helen Harper of 1789 Shore Lane I own as Seoul shareholder shareholder
of three corporations the cottage at eight Burns Lane
the car 2014 the garden Lots at two to four Burns Lane 2015 and the former
Cottage 2015 and now my new home 21 2021 to 2022 at 1789 Shore Lane in
Wasaga Beach Ontario I'm writing to express my support of the application
for the town's consent for six Burns Lane for the raising of the cabin
number one raising the cabin as it has to be done number two reinforcing and
insulating the roof planned number three building a porch on the
south and east side of the cabin as planned number four enlarging the cabin
to allow for composting toilet plant the application is desirable and an
appropriate development of the seasonal cabin I cannot see that there would be
any undue adverse impacts on the surrounding properties the most
proximate of which I own or neighborhood indeed there would be a significant
improvement over the present state in which the cabin has been essentially
derelict for years raising the cabin allows airflow under the wood cabin and
stops the dry rot this is consistent with the continuation of the seasonal
residential use moving the cabin further into the lot
is more consistent within with the setbacks a waterless composting toilet
is more consistent with sustainable development and Environmental Protection
than the previous Outhouse which is a which existed at the time of purchase
I've known Barbara puckering for over 62 years and I was excited when she and her
husband bought the cabin I look forward to the time when once again we can live
in close proximity for a portion of the year
and no other comments were received at the time of writing the report and the
recommendation is as follows the playing Department supports
application a1922 subject to the following conditions being applied
number one that the development be consistent with the site plan provided
with the application contained within appendix one at the report with the
following setbacks front yard setback Southeast Corner 2.85
meters front yard setback northeast corner
5.808 meters interior side yard setback to Southern Property boundary 1.64
meters and number two that the permission
granted to this application for minor variants shall be for a seasonal cabin
use and that the property owner shall sign an affidavit speaking to the use of
the seasonal cabin which will accompany any building permit application
number three that the maximum height of the seasonal cabin shall be 5.4 meters
from grade to Peak
perfect and uh sorry there was somebody here from the public uh is that
um sorry uh Helen Harper
okay perfect I just wanted to confirm if so there's no further comments than you
okay perfect uh is there anyone else from the public wishing to speak to this
application
okay um now's your opportunity to present
your case okay as stated what it's a legal
non-conforming seasonal use cabin and we had a model built with respect
to the and if I can just it would would be permissible to pass it around
which basically shows that the only improvements to the seasonal cabin are
to allow the raising of it and a porch on the South and the east
side of the cabin
and there's a gradient they are showing um
the lot
the enlargement of the legal non-conformer use is relatively minor
and the other condition that um the secretary referred to was a form of a
statutory declaration or affidavit on the return I have amended the foreman
provided the amended form but insofar as it dealing with the issues that
um were spoken to in the recommendation
they deal with the fact that it is a seasonal cabin will continue to be used
as a seasonal carbon
I don't know if Joel has any issue with respect to the I forged on to you
uh so through the chair at this point in time there there is no desire to look at
any type of affidavit as the decision has not been made my recommendation
would be that if there is an affidavit that has been provided by the applicant
that is not consistent with appendix 9 that further discussions with the
building department be had in order to determine if that affidavit is
acceptable to the building department standards
I assumed I have to apply it can if I've applied for a building permit so I'm
assuming those discussions would be ongoing
through the chair I suppose my my recommendation in this
regard is to if the committee is in support of the application to disregard
the content of the affidavit at this point and let that be addressed through
the building permit process with the building department and to Simply make
the decision on the matters and the conditions as presented
not necessarily considering the specific appendix as provided that's just a draft
so we're not stating that that has to be the appendix going forward
but the building department will have the ultimate decision on that
I'm chair Herod if I can add a comment at this point I was in a meeting
immediately preceding the committee of adjustment
um meeting today and I had learned from the
director of planning that the Chief Building official was now aware of this
affidavit and unbeknownst probably to Joel
is that he had indicated that he wants the condition left as is and indicated
that he would be happy to discuss the matter further subsequent to the
decision of committee today so again just to confirm what planner
Vine said that the determination as to how that
condition is satisfied would be subsequent to the decision that there
would be that appendix 9 would not necessarily be the the format content
absolutely required to satisfy the condition and we would look at that
subsequent to the decision today the condition would still allow for that
leeway to discuss how the condition could be satisfied the content of the
affidavit and so forth I and if I might speak to it I'm content
to deal with the building department with respect to whatever their concerns
are I think I've addressed them but I I haven't been able to speak to anyone in
the building department yet so I'm fine with that it's just the there are the
number of undefined terms in the draft that I had concerns with
and if they're defined then it won't be a concern
okay do any of the committee members have a
you have any comments questions
Mr chair uh just for clarification was the alterations and construction
commenced without the benefit of a building permit and this building permit
in fact would Legalize It should it be issued
I don't believe that's the legal situation the cabin was raised with
respect to prior to the building permit has not yet issued yet we go we received
a notice from the town to say that we had to apply for a building's permit and
not to proceed with any so there's pictures I guess in the application of
the current state of the cabin which is raised but unaltered from when the stop
order issued in 2000 and 17 I believe it remains a legal
non-conforming cabin regardless of whether or not it's been moved in law
but I appreciate that the zoning department and myself may have a
different opinion as to what the lies and we don't have to agree on that we
have just have to agree with respect to what we do going forward
so the issue is it's still illegal non-conforming cabin the the town agrees
with that in their report and I can direct you to it that they've provided
satisfactory proof that since 1961 it's been a seasonal
one-room cabin and will continue to be so the enlargement we have to see the
permission of the Town legally because it's an enlargement we haven't done the
enlargement yet we um that's the building permit that is
been filed back in 2017 so that's when the
that's the the approach on the east side and the north side now that it's been
raised but the cabin was raised without the benefit of a building permit
which required the stop order in 2017 and there's been a whole history which I
don't think is actually necessary to go into at this time as to why we're it
took so long thank you
foreign further questions
is there is there a possibility that sanitary will be on that street
through the chair from the comments that we've received through the public works
department it does not appear as though that's going to be a potential solution
in the in the future as of right now the street is not determined to be a
right-of-way to Municipal standards and the public works department has not
provided any comment with regard to Future Servicing
so the only way they can continue using that particular building or property is
if we pass this
that would be correct through the chair the applicant has
has provided information to the planning department indicating that the water
will be brought in and that these sanitary will be achieved through a
compost list in Violet toilet which was spoken to in the staff report
any further questions
okay I just have a just confirming so you're you are not opposed to uh signing
the affidavit uh but uh there is some language in there that you are wanting
changed is that uh correct that's are defined but yes yes and I
appreciate that the language relates to the building departments
participation and and that would require I guess negotiation as my he's indicated
with the the building officials so it really has it doesn't have to do with
the zoning right okay so so no no the reason why I'm asking is it doesn't
reference uh appendix 9 in the recommendations or the conditions that
uh planning staff it just simply says and that the property owners sign and
aft David speaking to the use of the seasonal cabin which will accompany any
building permit application and I've already signed it yes okay that's no
problem okay
um any uh further questions and there's no one from the public
wishing to speak to this application
okay all right so I will close the public
portion of the meeting and call the vote that the committee of
adjustment hereby approved the application from Barbara Pucker
puckering and this is for application a 1922 6 Burns Lane do I move her
member Morrison seconded uh
member of angul all in favor before you hold the vote I'd like to comment on
this if I could this is the appropriate time because the motion's just been put
on the floor so this is the appropriate time for me to pass a short comment
love it there's a part of me that remembers old Wasaga that remembers
Cottages it's I'm sort of down from the old brox Beach area what was called
Brock Avenue going on to gurrock if you've been around long enough you
remember what that is it's now 72nd Street and the idea of this I went down
and saw it today it took me a while to find it I mean it's there's not a road
trust me um I was just fascinated by it and when
I found the place there's like three places tucked away back in there and I'm
sure that there are all kinds of inconveniences in being there but on the
other hand I kind of loved the whole Cottage atmosphere surrounded by trees
isolation so many of the files that that come before us are about being
Progressive and moving forward and that's fine I have that this is not what
I'm objecting to I just think it's really cool to see people that are happy
with what they have and are just making it legal non-conforming so they can
enjoy it and so all the more power to you I'm happy to move the motion and
most certainly be voting for it thank you Mr chair
thank you for those comments any further comments before I call vote
so all in favor
and that is carried thank you
all right so the last application we'll go back to uh
4.3 and this is for 1038 to Mosley Street do we have the applicant online
there is still one applicant that I am waiting for a response from so I am
asking that person at this time if they could respond or turn their camera on if
it pertains to the application this is the only matter left correct
I I think I see is this uh is this rosabella
can she hear me
asked her to unmute her um self there so
hi can you hear us
can you hear us
foreign
the person online with their video can you hear us
jerk we'd like to take a brief break I can try to call the applicant or the
owner of the property I mean at this point it might be
beneficial we can see that she's online but clearly she can't hear us so I don't
know if her speakers are off or yeah or as you suggested before
um the application you had asked about deferral for the application as well or
possibly I mean is there a cost to the applicant
if if we defer it no there'd be no cost to the applicant for it to come back at
the next meeting point of clarification and I really just
want to understand something I'm not objecting anything
like is there a rule that the applicant is required to be in attendance during
these things because I'm sure we've dealt with things in the past without
them in attendance and it's a beautiful day out I can't imagine that if I had
something before us that I thought was not going to be controversial I'm pretty
sure I wouldn't be here either so I'm just I'm just curious what the
what the rules are if they have to be here then we've got to do something if
not let's just move ahead
through you the chair with the application that we're dealing with
today so with 8 19 23 for remote 1038 mostly sweet the applicant is clearly
online today with us today intending to attend the meeting
so for this application in particular she's here and able to and would like to
participate I apologize for my final comment it was I shouldn't have been
stated this is a different situation but the first question is still the reason I
asked for the clarification is are are we required to have the the applicant in
attendance in some manner in order to review the event and decide a file I'm
not suggesting I understand what you're saying about this one yeah but in
general is that true or not
so so if if I may I think we have to provide them with an opportunity to
present their case and this is based on natural justice so
and the rules of natural Justice we're a tribunal exercising uh
powers of uh and so the committee May
decide not to vote in favor of this so we need to provide the applicant the
opportunity to present their case so um again I don't know what staff
recommend if this if this is normal this is the first time I've ever come across
this so if the manager wishes to uh
provide some clarity on this I just it's my understanding I'm not
familiar with overly familiar with the details of this particular application
but it's my understanding that there what there were comments received from
the public on this application and in that situation then the applicants
ability to respond to those comments um would require that
they'd be that they'd be able to respond to them
and they obviously have made an effort to be part of this public meeting
okay um so I'm gonna put forwards a
motion to defer this application to the next committee meeting we spent enough
time trying to get a hold of the applicant and maybe staff can follow up
and see if she can either attend in person or
trying to get those so so that the applicant sort of the application
um
e19 23. thank you application a 1923 for 1038 Mosley Street rosabella DeAngelo so
this is for a variance I'm going to put forward the motion that
this uh application applicant application be
deferred to the next scheduled meeting before you do that chair Herod if I can
interject for a moment is it possible for us to chat
use the chat function I've been doing that for the past half an hour
okay and are we
again through the chair is it possible for us to give them a phone call I'm not
opposed to that if if the members are good with taking a five minute recess so
that we can try to get a hold of the applicant
and I through you again um is there anyone in the public here to
speak to this today yes there there is
okay so for want of one more try
a telephone maybe we can still wrap this up today okay
um so we'll take a five minute recess and if somebody can try to phone the
applicant that would be great yeah
just before
for one moment for the recurring secretary to confirm that the recording
has started okay so it's uh 319 right now we started
at two o'clock uh uh the the application that we're
waiting to hear is a 1923 and this is for 1038 Mosley Street uh
um and this is rosabella uh to Angelo for a variance
um she has tried to connect multiple times
unfortunately it appears that she's having
technical issues um
I don't feel as if we should be proceeding
with this application um based on our duty of procedural
fairness which is the right to participate in having the right to
participate and the right to be heard
So based on those grounds I don't feel comfortable proceeding with this
application we've staff have attempted multiple times to reach this individual
I appreciate that people are here wishing to speak to this application
I personally don't feel comfortable proceeding so I am going to put forward
a motion that this application be deferred to the next scheduled meeting
and request that staff follow up with the applicant to see if they can attend
in person next time um do I have a well I guess I'll move it
do I have a secondary member van Ghul all in favor
and that is carried um so this uh so just for the
individuals in the audience um just to confirm
we've deferred this to the next scheduled meeting hopefully you can
attend if this is something you're wishing to speak with
um I don't know if you still have an
opportunity to present um like if you're unable to attend in
person next time if you can maybe send your information to the secretary
treasurer so they can be read into the record just like the previous applicants
um or sorry applications that were done so if you're if you're not able to
attend that's my suggestion to you but I do appreciate the time that you've spent
waiting to hear this and unfortunately we're just not able to proceed
not in relation to this unfortunately we've we've voted on it to defer the
matter to the next meeting
so I I appreciate uh the time that you spent to to try to speak to this
application unfortunately um we've we've just voted on it so
um if you haven't already sent your comments I would suggest doing so okay
all right so that concludes the meeting uh today so the next scheduled meeting
uh is on October 18th uh 2023 um so uh do I have a mover to adjourn
the meeting
remember Morrison and seconded by uh cool Savannah
all in favor thank you
yes if if you wish yes