[2:39] um on Wednesday September 20th this is I'm going to call to order the meeting [2:43] of the committee of adjustment held in the council chambers and start [2:49] time is 202 pm so first of all I'm going to read a land [2:55] acknowledgment so I'd like to begin the meeting by [2:59] recognizing the First Nations maybe Inuit people of Canada as traditional [3:04] stewards and caretakers of the land we acknowledge that the town of Wasaga [3:09] Beach is located on the boundaries of treaty 18 the traditional lands of the [3:12] nishinaabe hoduna Shawnee wendat and home of the many First [3:19] Nations matey and Inuit people as part of the intricate nationhood that reaches [3:24] across Turtle Island at this time of Truth and Reconciliation [3:28] we welcome an opportunity to work together towards new understandings and [3:33] relationships and ask for guidance in all that we do [3:37] next is disclosure of any pecuniary interests from any of the members and I [3:43] see one of the members from item number one [3:49] so is that three point Sorry 4.1 for 34 Nancy street is that correct thank you [3:56] so just make sure you excuse yourself anyone else [4:00] [Music] okay [4:04] I'm seeing none next is the adoption of the minutes of the meeting from August [4:09] 16 2023 and the recommendation is that the committee of adjustment adopts the [4:15] minutes of August 16 2023 um so do I have a mover [4:23] okay and sorry that was uh Andy a segmented by Leo [4:32] um so uh thank you so now we're going to [4:35] get into the actual application so we have [4:41] done sorry moved by and seconded by Leo sorry Andy Leo all in favor oh sir sorry [4:48] all in favor that's Carrie thank you [4:54] um so we have six applications uh being [4:57] heard today so just to give a introduction to everyone here today so [5:02] my name is Adam Herron I'm the chair of the committee [5:06] members of the committee are Vice chair Dave Morrison a member uh Harold van [5:12] gool member Andy Ferguson and member Leo [5:17] casameno for each application being considered by the committee today the [5:22] following process will occur firstly the [5:25] [Music] um [5:27] firstly as the chair I will invite the applicant agent or owner to the podium [5:33] or if they are appearing virtually I will ask that they turn on the camera [5:39] and microphone following this the secretary treasurer [5:44] will then read the application being considered [5:46] and we'll review any comments regarding the application that were made by Town [5:49] departments outside agencies and the public and will then provide [5:53] recommendations made by planning services [5:55] after the application is read by the secretary committee sorry the secretary [6:00] treasurer I'll ask the applicant to enter agent to present their application [6:05] and address any issues raised by the raised in the staff report or public [6:09] concerns already filed [6:13] next uh the uh [6:18] public portion of the meeting will be any any members attending for the public [6:23] portion of the meeting will be able to provide any comments and concerns with [6:26] respecting the application so I see that we have a number of people here and I'm [6:30] not sure if they're here for the matters or if they're here as interested to [6:33] members so you will have an opportunity to [6:38] present any comments or concerns uh so the recording secretary will be [6:43] monitoring um and providing each member of the [6:46] public who wishes to speak their opportunity to do so [6:51] um I'll ask the applicant members of the [6:54] public or town staff to answer any questions that may have been [6:58] may have been presented with respect to the applications being heard [7:03] before closing the public portion I will ask the recording secretary if there are [7:08] any further questions from the attendees I will then ask the committee members if [7:13] they have any questions and following this the public portion of [7:18] the meeting will be closed committee members will then put forward [7:21] a motion the committee members will render a [7:24] decision by either granting the application with conditions [7:28] granting applications with modified conditions reserving their decision [7:33] refusing the application as submitted or deferring the application to another [7:37] public meeting [7:41] I believe there is a sign-in sheet is that correct [7:45] Okay so it is important that the town receives [7:49] the correct names and addresses of the individuals having interest in each of [7:52] the applications being heard um therefore if you plan to speak to the [7:57] committee at the meeting or wish to receive a copy of the decision you must [8:02] provide your name address and email address name address or email address to [8:07] the secretary treasurer and there is a sign-in sheet [8:12] under the planning act the applicant specified person or public body May [8:16] appeal the decision the appeal period for the committee of adjustment is 20 [8:20] days from the date of decision being signed the deadlines for each of the [8:25] application will be provided on the notice of decision [8:29] the applicant applicant prior to the committee rendering its decision may [8:34] wish to have their application deferred until the next meeting such requests [8:39] will be at the sole discretion of the committee [8:43] the public portion uh sorry the public meeting is being recorded and live [8:47] streamed so your name and address and other personal information are being [8:51] recorded recorded in accordance with the municipal Freedom of Information and [8:56] protection to Privacy Act [9:00] so we will get started with the meeting so we have application number one [9:07] b3223 this is for 34 [9:12] Nancy Street and I believe we have the owner's agent here so if you want to [9:19] step forward um and uh we have that uh disclosure of [9:26] peculinary Interest um [9:29] would you like to leave the room just for the [9:33] um [9:42] we'll call you back in [9:51] uh welcome so if you want to state your name for the records [9:55] um gurjit mahant Ontario land severe [9:59] working with Rudy Max survey acting agent for this project perfect thank you [10:05] very much so I'm going to get the secretary treasurer to read the [10:09] application so if you want to just grab a seat for now thank you [10:18] thank you chair so application b3223 at 30 the land [10:24] subject to the application is 34 Nancy Street [10:29] and an application for consent to sever um [10:34] application v3223 was submitted by gergy mahant on behalf of Merriman Kamali math [10:42] frujaki owner of the subject lands [10:47] the applications or survey proposes to create one new lot for a total of two [10:52] lots the portion of the property proposed to be severed as shown on the [10:56] updated Severance sketch provided as Parts two and three has a frontage of [11:00] approximately 16.25 meters a depth of approximately 30.3 meters and an area of [11:07] approximately 492.6 square meters the portion of the [11:12] property proposed to be retained as shown on the update Severance sketch [11:15] provided as Parts 1 and 4 has a frontage of approximately [11:21] 29.53 meters a depth of approximately 32.3 meters and an area of approximately [11:28] 627.3 square meters [11:32] comments Public Works is Public Works does not oppose the [11:39] applicant's request the mvca has no objection to the approval and with Sega [11:44] distribution reviewed the proposal and has no objections [11:50] other comments received was from Hydro 1 and they have no comments or concerns [11:57] and we received a public comment from the owners at 44 Nancy Street 43 Nancy [12:07] Street Sharon and Alex Annette Jake Jason vocage [12:12] they would like to be they perhaps are here at the meeting today to address the [12:17] trees on the lot being severed and as they're leaning over the roof causing [12:23] gutters to clog every year and pushing on their fence causing it to lean and [12:29] I'll read out the recommendation and then if they're in the audience [12:32] and recommendation and consideration the [12:36] foregoing based on the above the planning department supports the [12:39] application b3223 subject to the following conditions being applied that [12:45] number one that the five percent residential Parkland contribution as [12:48] required by the planning act be paid as a requirement of the approval of the [12:52] severance the parcel severed the determination of the value of the [12:56] Parkland contribution will be based upon an appraisal prepared by an AIC and [13:01] sorry an appraisal member of the appraisal Institute Canada [13:06] and pursuant to section 51.14 of the play act number two that [13:13] the applicant provides a deposit reference plan said reference plan to [13:17] show all the parcel to be severed number three that an overall lot grading [13:21] plan is to be provided showing both Lots in accordance with the town current town [13:27] of Wasaga Beach engineering standards and policies specifically the info lot [13:30] grading and drainage policy existing Services locations to be shown on the [13:35] above plan for both retained and severed Lots number four that the owner is [13:40] required to complete a full title search of the property to determine that the [13:45] current ownership of Parts three and parts four and subsequent the above if [13:49] Parts three and part four are not currently owned by the town of saga [13:52] Beach then the parcels are to be dedicated to the town [13:57] of Osaka Beach and number five that all conditions of the decision be fulfilled [14:01] and that the documents presented to the planning department for issuances [14:05] certificate of consent within a period not to exceed to 24 months [14:15] yeah thank you [14:18] um and uh do you wish to address the committee [14:26] for this application [14:31] can you hear me [14:39] oh yeah no we will we agree with the [14:44] conditions and we'll fulfill them for the severance application recommended by [14:47] the staff report [14:51] and sorry there was a comment from the member of the public are they here today [15:01] uh the members of the public that wrote In from 44 Nancy Street and 43 Nancy [15:06] Street Sharon and Alex Annette or Jason bokich are they in the are they here [15:13] today yes and would you like to speak and would you like to speak to the [15:18] application yes yes [15:22] yeah so if you want to come up to the podium and just make sure you press the [15:26] button in the center of the microphone just to turn it on [15:31] yep thank you okay [15:36] sorry I'm just going to stop but I don't think if you want to step closer to the [15:40] microphone or bring it closer to you and just press the button it turned off uh [15:44] thank you okay [15:51] hello [15:54] I think that's it okay we are the neighbors of um your clients and we have [16:01] no nothing concerning I'm severing the lot but we would like to address the [16:06] trees that are hanging over our roof and I have pictures like we're not picky [16:12] neighbors but the the trees are just covering our roof and right now the [16:17] roofs full of pine needles and leaves and come fall it's going to get worse [16:23] so if he would address maybe taking the trees down or cutting the branches [16:28] that's over our roof [16:32] so those are your only comments just about the trees yep yeah okay with no [16:38] objection to the suffering of the lot but the lot that he's going to sever is [16:42] on our side so maybe before he sells it he would address that [16:47] so unfortunately the committee can't make any sort of conditions like that [16:52] in their in their application this this is a matter that maybe you can speak to [16:57] the homeowners or through their agents and maybe come to some sort of a [17:02] resolution between the parties but I mean obviously you have some concerns [17:08] hopefully they can come to some sort of resolution between between everyone okay [17:13] okay can I leave the pictures with you yeah okay [17:18] and we're number 44 if he has any objections he can come see us okay yeah [17:23] and maybe you guys can speak afterwards and maybe exchange phone numbers or [17:28] emails or whatever the case may be okay okay [17:30] thank you [17:33] okay was there anyone else that uh wanted to speak to the committee [17:42] okay anyone online [17:46] okay do any of the uh committee members have [17:51] any questions [17:57] okay uh seeing none I will close this public portion of the meeting for this [18:03] application and then I will [18:07] call the vote that the committee of adjustment hereby approve the [18:11] application from gurjet Manhunt and that's for 34 Nancy street [18:19] so do I have a mover do I have a mover [18:23] Leo seconded Andy thank you and all in favor [18:31] and that is carried thank you thank you [18:41] thanks so we're just going to hold on until the uh other member gets back [19:14] foreign [19:32] okay so moving on so we have application B 33 23 and this is for 60 Robert Street [19:40] I'm not sure if the okay the owner or the agent is here so if you want to just [19:46] come forward state your name for the record and then I'll get the secretary [19:50] treasurer to read the application [19:54] Suzanne Roo the owner for his 60s [20:02] application b33 23. land subject to the application [20:07] municipally addressed as 60 Robert Street South the purpose and effect the [20:13] application proposes to create one new lot for a total of two lots the portion [20:18] of the property proposed to be severed as shown as the proposed parcel to be [20:22] severed on the severance sketch submission as a frontage of [20:25] approximately 18.72 meters along Robert Street South a [20:30] depth of approximately 38 meters and an area of approximately [20:36] 711.36 square meters the portion of the property proposed to be retained shown [20:40] as the proposed parcel to be repained retained on the severance sketch [20:45] submission has a frontage of approximately 12 meters along Roberts [20:49] Street South a depth of approximately 77.76 meters in an area of approximately [20:57] 1724.64 square meters [21:02] comments the towns Public Works and Engineering nearing department does not [21:07] oppose the application the mvca does not oppose the application wdi has no [21:13] objections and we have one [21:18] sorry two comments so um one comment from the public and Hydro [21:23] One also sent in comments after the uh the agenda was posted saying that they [21:29] have no comments or concerns at this time [21:34] and a um a neighbor from [21:39] 95 or sorry a gentleman from 95 still a piano Crescent [21:46] has commented saying that they they think expanding the density and [21:50] framework of the street will be a benefit to the community [21:55] and the recommendation is as follows the playing Department supports application [22:00] b3323 subject to the following conditions being applied that the five [22:04] percent residential Parkland contribution as required by the planning [22:08] act be paid as a requirement of the approval of severance the parcel suburb [22:12] the determination of the value of the Parkland contribution will be based upon [22:17] an appraisal prepared by an individual who is a member of the appraisal [22:21] Institute of Canada and pursuant to section [22:25] 51.14 of the planning act number two that the applicant provides a registered [22:30] reference plan said reference plan to show all of the parcel to be severed and [22:34] all the parcels be retained number three that an overall lot grading plan is to [22:39] be provided showing both thoughts in accordance with the current town of [22:42] Wasaga Beach engineering standards and policies specifically the info lot [22:46] grading and drainage policy existing Service locations to be shown on the [22:52] above plan for the severed lot and the new sewer and water services for the [22:57] retain lot number four that new sewer and water [23:01] services to be installed to the retained lot by a town approved contractor in [23:06] accordance with Channel asaga Beach standard drawings 12 8 and 12 B [23:10] number five that a road occupation permit is to be obtained prior to any [23:13] Works within the right towns right away and number six that all conditions of [23:18] this decision be fulfilled in the documents presented to the planning [23:22] department for issuance of the certificate of consent within a period [23:25] not to exceed 24 months from the data decision [23:31] perfect if you want to step forward and address the committee with your [23:36] application if you have anything further to add [23:39] that's pretty straightforward so we've we've read through it all and it looks [23:44] good thank you if you want to grab a seat uh [23:48] is there anyone from the public wishing to speak to this application [23:58] sorry if you can just come back up the committee members may have some [24:01] questions sorry um [24:06] so anyone online [24:10] no okay okay all right do any of the committee [24:15] members have any questions [24:20] um no questions for me you have reviewed the um [24:25] recommendations and you're good with the recommendations that's okay [24:29] perfect so I will close the public portion of [24:33] this meeting and I will call the vote that the committee of adjustment hereby [24:39] approve the application from Gerald and Suzanne Roo and this is [24:44] for 60 Robert Street application b3323 with the conditions as set out do I have [24:53] a mover um member Ferguson and seconded [24:58] a member of angul so all in favor and that is carried thank you very much [25:04] thank you very much [25:16] all right so the next application is uh for [25:21] uh 10 38 Mosley Street [25:26] and this is application a19 23 [25:33] and is the applicant here online [25:45] rosabella as you hear [25:49] is she supposed to be [26:00] yeah um so the recording secretaries [26:03] indicated that she was online a moment ago so we will perhaps just pause for a [26:07] moment to see if she lost connection or something sure do you want us to move on [26:12] to the next application hold this one down [26:17] yep we can do [26:24] that so the next application is application number four a 2023 [26:31] this is for uh 34 uh 60 seconds Street North [26:40] do I have the applicant here [26:48] are they online [27:14] there is one one individual online that their name is not displayed so I've [27:20] asked for clarification on that so once we hear back we can determine who that [27:23] person is okay [27:41] okay [27:56] all right just uh in the interest of time is there is like are we expecting [28:01] these people to show up do we do we know [28:10] um I believe that we did have a resident who was going to speak to this [28:13] application however I do not see them online [28:16] and I am wondering if it is possible that one of these five individuals that [28:23] are on the zoom call right now are to speak to this application so perhaps [28:27] they can put their cameras on in their microphone [28:30] so that they can advise us of who they are [28:37] and that would be for application a 2023 so we believe that the applicant owner [28:44] uh roselba Rosa for application a 1923 was online but perhaps lost connection [28:51] so and when we moved over to a 2023 um there is somebody online but we are [28:57] not sure if it's somebody willing wanting to speak to this application [29:02] the applicant or agent [29:09] and sorry can we confirm that they can people can hear Us online [29:21] the recording secretary has affirmed me that there's two people trying to speak [29:25] right now [29:44] if you're online and you can hear us can you please [29:47] um say yes you can hear us or indicate that you cannot I believe somebody was [29:51] trying to speak but a period though their microphone was off [30:21] foreign [30:30] at this time I think we're having some issues with some of the audio so we can [30:33] either move on to the next application um which would be b1823 [30:40] I believe the applicant Lee is here as well as the [30:47] planners here so is that accurate okay perfect so let's uh let's move on [30:53] to application number five b1823 and this is for 88 and 176 Lions [31:01] Court so if you can just state your name for [31:07] the record my name is Lee bull I'm with mhbc I am the agent for the applicant [31:12] thank you [31:16] and if you want to read in the application please [31:21] so application b1823 for 88 and 176 Lions Court municipally the minute lands [31:29] are subject sorry municipally address that 88 and [31:33] 176 Lions Court the purpose and effect an application has been submitted by [31:38] mhbc planning care of Meatball on behalf of the owners Das Development [31:44] Corporation the application proposes to create one [31:48] new lot to be transferred into separate ownership for a total of two lots one [31:53] new lot one retained and 12 easements for servicing and access including but [31:58] not limited to storm water pipes driveway access sewers water mains gas [32:03] hydro and Telecommunications as shown on the severance sketched [32:08] Severance sketch proposed easement s provided the portion of the property to [32:13] be severed contains the existing playtime casino and Match Eatery [32:17] operating by Gateway entertainment limited and is associated in the [32:22] associated parking lot the lands are shown as part 18 to 19 [32:27] 22 23 and 27 on the severance sketch provided and has a frontage of [32:33] approximately 91.5 meters on Mosley Street a depth of approximately at 194 [32:39] meters an approach an area of approximately 2.35 hectares [32:45] the portion of the property proposed to be retained shown as Parts 1 to 17 21 to [32:51] 20 to 21 and 24 to 26 on the severed sketch provided has a frontage of [32:57] approximately 234.5 meters on Mosley Street a varied [33:02] lot depth and an area of approximately 12.97 hectares [33:07] the application also proposes to the creation of 12 easements for servicing [33:12] and access included including but not limited to Stone water pipes driveway [33:16] access sewers water mains gas hydro and Telecommunications [33:23] comments Public Works does not object the [33:27] application I'm VCA has no objection to the application with Sega distribution [33:32] has reviewed the proposal and have no objections to [33:36] has no objections to its approval subject to the following comments [33:41] we'll say good distribution as received and reviewed the submitted proposal [33:45] plans this review however does not imply any of the approval of the project or [33:50] plan in addition to the easements located on part 2 5 24 and 26 of the [33:54] easement sketch the applicant should be aware that wdi does require legal [33:59] easement through a retained portion of the property this easement is for [34:03] existing electrical service that feeds the Transformers located on the separate [34:07] portion of the property [34:11] MTO has comments and they have no but they have no concern or objection [34:19] and Frank from Frank Proto Manny from ardn Investments Inc is in full support [34:25] of the application to create one commercial lot for a total of two lots [34:29] the recommendation is as follows planting stocks the staff support [34:33] application be teen 23 subject to the following conditions being applied that [34:38] the Parkland contribution as required by the planning act be paid as a [34:42] requirement of the approval of the approval of the severance the parcel [34:45] severed the determination of the Parkland contribution will be based upon [34:49] an appraisal prepared by an individual who's a member of the appraisal [34:53] Institute of Canada number two that the applicant provides a deposited reference [34:58] plan said reference plan to show all the parts of Liberty suffered all of the [35:01] easements as presented in the attachment two of the report number three that [35:07] construction of the access over the retained land from Lions court is [35:12] constructed to the satisfaction of the MTO [35:15] such that it may be approved for opening to the general public and number four [35:19] that all conditions of this decision be fulfilled in the documents presented to [35:23] the plane department for issuances certificate of consent within a period [35:27] not to exceed 24 months from the data decision [35:34] thank you um is there anyone from the public wishing to speak to this [35:39] application here today [35:44] okay um if you want to just uh if you have [35:49] anything further to add in regards to this application now is your opportunity [35:52] to do so thank you chair I do have a brief [35:56] presentation for the committee are you able to [36:03] like and they're recording secretary will pull that up now [36:08] thank you [36:14] will she flip through the slides okay all right [36:19] okay [36:56] I have it on a thumb drive would that help [37:00] okay all right [37:07] beautiful [37:11] thank you good afternoon everyone as I indicated [37:16] earlier my name is Lee Bull and I'm an associate with mhbc planning out of [37:20] their Berry office we represent Das Development Corporation [37:24] on the consent application before the committee this afternoon [37:28] also joining us by Zoom are the applicant and their lawyer who is [37:33] available to answer any detailed questions that you may have about the [37:37] proposed easements to be created through this consent application [37:42] the property that is subject to this application is located at 88 and 176 [37:48] Lions Court which is located the southwest corner of lions court and [37:53] Mosley Street the lot proposed to be severed is [37:57] currently home to the existing playtime Casino while the retained lot is [38:02] currently vacant site is primarily surrounded by roads [38:06] with residential development north of Mosley Street and East of lions Court as [38:11] well as south of the property [38:15] and Highway 26 runs along the Southwest boundary of the property [38:20] the purpose of the application is twofold firstly the application is [38:24] intended to facilitate the severance of the existing Casino from the remaining [38:29] vacant portion of the property and the second purpose of the application is to [38:33] create easements for servicing and access to both the severed and retained [38:37] parcels [38:40] portions shown in red on the slide illustrates the casino lands which are [38:45] proposed to be severed from the remainder of the land Holdings the lands [38:49] in blue are proposed to be retained [38:55] the proposed consent application also includes the creation of 12 easements [39:00] for servicing and access including but not limited to storm water management [39:04] pipes storm water flow driveway access sewers water mains gas hydro and [39:10] Telecommunications we have completed a land use planning [39:14] analysis of the proposed Severance and in our opinion it is consistent with the [39:18] relevant policies of the provincial policy statement in Conformity with the [39:22] relevant policies of the growth plan both of which direct development to [39:26] settlement areas we have also reviewed the application [39:29] against the lot creation policies within the town of Wasaga Beach official plan [39:34] and in our opinion the application conforms to those policies [39:40] we have completed a zoning compliance review for both the proposed severed and [39:44] retained Lots the retained in severed Lots comply with the Zone standards of [39:49] the district commercial Zone within which they are located [39:54] in my opinion The Proposal is consistent with the relevant policy regime and the [39:59] town of Wasaga Beach zoning bylaw and represents good planning I have read the [40:04] report prepared by the planning department on this application and agree [40:08] with their recommendation that this consent application be approved by the [40:12] committee subject to the conditions as outlined by staff in their report I'd be [40:17] happy to answer any questions that you may have at this time [40:23] thank you very much to any of the members have any questions for either [40:27] the agent or the lawyer that's here via Zoom [40:36] okay seeing none and I don't believe we have anyone here just to confirm wishing [40:43] to speak to this matter either online or in person [40:48] okay I will close this public portion in the meeting seeing as there's no [40:52] questions from the public or comments and no questions from the committee [40:55] members I will now call the vote that the [41:00] committee of adjustment sorry the just give me one second [41:37] sorry so the committee of adjustment hereby approved the application from Das [41:42] Development Corporation it's for consent um [41:47] um with the conditions as set out in the [41:50] staff report sort of a mover [41:55] member Casa Mano and seconded by member van [42:01] Ghul um and all in favor [42:06] and that is Kerry thank you thank you [42:29] do we know if we have anyone online [42:37] not pertaining to that application now the person online that was waiting was [42:41] for a previous one but they are gone now okay [42:46] is there anyone else [42:53] did you want to go back to um to a 1923. [43:00] uh is the applicant here or [43:15] I I personally don't feel comfortable proceeding with the applications without [43:18] the applicants being here they may have an issue with the conditions and they [43:22] may want to present I don't know if staff have any comments or [43:28] if if it's normal for Apple applicants not to show up [43:35] there has been situations in the past where applicants haven't [43:39] attended or the applicant or agent or owner hasn't attended but with that [43:45] being said I believe somebody from the audience said that they did see her [43:48] online um [43:53] okay but the but the committee if depending [43:59] on what you decide to do then [44:04] I guess what is uh what is the best way forward do we [44:09] wait for these people to maybe show up or [44:17] it's very suit yeah [44:20] I suggest that we move to a 2023 for the time being [44:26] which is that the Gentlemans indicate that they are here today so that's the [44:31] application 4.4 okay so we'll move on to application [44:37] number four I'm not sure if one of the staff members can reach out to the [44:43] applicants for these files just to see if they're intending to show up if they [44:47] have any objections is that something that can be done [44:50] well then I would ask you if the recording secretary noticed if she did [44:54] try to get online then maybe she's having connection issues which would be [44:58] different than her not showing up [45:02] okay all right so application number four a [45:06] 20 23 34 62nd Street North um and we have Sue here or [45:18] I'm your husband okay do you want to step forward and state your name for the [45:22] record Eddie Edward proceeding okay [45:27] sorry what was your last name pursuiti yes okay [45:32] on your the uh husband husband okay and Sue is here yes okay perfect all right [45:39] so this is for a variance so um as you may have heard the uh secretary [45:45] treasurer will read in the application okay [45:50] so application a 2023 [45:55] um land subject to the application sorry municipally addressed as 34 62nd [46:02] Street North and an application for a minor variance [46:06] was submitted by Edward prasuti on behalf of Sue facility owner of the [46:11] subject lands the application requests relief from section 4 residential type 1 [46:16] R1 zone of comprehensive zoning Bella sorry 2003-60 and they're specifically [46:25] requesting relief from section 4.3.6 to permit an additional in [46:30] addition to the existing dwelling with a rear yard setback of Five Point 98 [46:36] meters whereas the minimum rear yard depth of 7.6 meters is required section [46:42] 4.3.9 to permit a total lock coverage of 38.6 where maximum Total Lock coverage [46:50] of 35 is permitted and the variances were requested would facilitate the [46:56] construction of a one-story 16.84 square meter addition to the rear of the [47:01] existing dwelling unit the recommendation [47:05] sorry comments Public Works does not oppose the application the mvca has no [47:10] objection to the application [47:16] there's no public comments [47:20] and the recommendation is as follows playing Department [47:24] supports application a 2023 subject to the following conditions being applied [47:28] that the development will be substantially consistent with the site [47:32] plan drawing provided with the application contained within appendix [47:36] one of this report of the report [47:43] thank you would you like to just uh speak to this [47:48] application if you can just stand up to the podium [47:52] basically we want to expand the dwelling just to expand our kitchen washroom and [47:59] construct like a utility overflow room which we don't have at the moment so [48:03] just additional space [48:06] it's basically it [48:09] okay thank you um do any of the uh I guess anyone here [48:15] from the public wishing to speak to this application [48:20] okay any of the committee members have any questions comments [48:31] um okay seeing uh none I will close the public portion of [48:36] the meeting and I'm not sure if you read in the [48:40] recommendations um Christy [48:44] okay so you've obviously seen the [48:49] recommendations and conditions [48:55] drainage that what we were proposing would not affect [49:01] storm water or water runoff to other properties and it would it that the [49:06] development be substantially consistent with the site plan drawing provided oh [49:10] yes yes [49:14] okay perfect thank you um so if you uh no questions from the committee members [49:20] then I will uh call the vote and sorry that the um [49:26] the committee of adjustment hereby approved the application from Sue facili [49:30] and this is for a 2023 34 62nd Street North for the variants [49:39] with the conditions as set out another mover [49:45] uh and seconded [49:51] thank you [49:54] and all in all in favor [50:06] and that is completed so you're free to stick around or head out thank you thank [50:11] you [50:34] okay so um [50:36] have we heard back from the other applications [50:43] don't see her online anymore for application e1923 [50:52] okay [Music] [50:53] um so I guess we I'm assuming that everyone [50:57] else is here for the last application is that correct [51:03] yeah okay so we'll deal with that and then go back [51:08] to the final one afterwards [51:12] um so do we have the applicant here [51:19] Barbara okay [51:30] sorry can you just put on the mic just press the middle button [51:36] thank you good afternoon my name is Barbara [51:39] puckery I'm the agent owner of the corporation that owns the property I'm [51:44] here today with my husband as well who's brought a model of the the cabin [51:50] and the neighbor to the North and the South is also present [51:56] okay perfect if you wanted to grab a seat we'll get the Secretary of [51:59] Treasurer to read in the application and then you'll have an opportunity to [52:03] present your case [52:11] foreign [52:15] application a 1922 um land subject to the application is [52:22] municipally dressed as six Burns Lane purpose and effect the applicant [52:27] requests relief from section 3.22 non-conforming uses of the zoning bylaw [52:34] 2003-60 to permit the expansion of a legal non-conforming seasonal cabin use [52:40] the applicant has indicated the requester relief would enable the [52:45] expansion of the Season seasonal cabin and continue the seasonal cabin use the [52:51] applicant has indicated the requested relief would seek to expand the existing [52:56] 30.23 square meter seasonal cabin by way of an 8.57 square meter deck Edition [53:02] along the east portion of the seasonal cabin and by way of an 8.65 square meter [53:10] deck Edition along the south portion of the seasonal cabin as indicated in the [53:15] site plan drawings provided for an overall increase of 17.22 square [53:21] meters and a resultant size of 47.45 square meters further the [53:29] applicant is seeking to increase the height of the seasonal cabin from 4.5 [53:34] I'm sorry for 4.7 meters to 5.4 meters in addition to the above the applicant [53:40] request relief from section 3.23 non-complying Lots buildings or [53:45] structures to recognize the location of the non-compliant building [53:49] comments received the Public Works does not oppose the applicant's request and [53:55] they have no conditions at this time [53:59] the mvca it's not regulated by the nbca the building department has indicated [54:05] that the property owner will need to sign an affidavit in regards to the [54:09] classification of the building as to not be permitted as anything more than a [54:13] seasonal cabin for seasonal recreational use the draft affidavit is affixed to [54:19] the to the report and there is public comments from a [54:23] resident Helen Harper of 1789 Shore Lane I own as Seoul shareholder shareholder [54:31] of three corporations the cottage at eight Burns Lane [54:34] the car 2014 the garden Lots at two to four Burns Lane 2015 and the former [54:41] Cottage 2015 and now my new home 21 2021 to 2022 at 1789 Shore Lane in [54:51] Wasaga Beach Ontario I'm writing to express my support of the application [54:55] for the town's consent for six Burns Lane for the raising of the cabin [54:59] number one raising the cabin as it has to be done number two reinforcing and [55:03] insulating the roof planned number three building a porch on the [55:09] south and east side of the cabin as planned number four enlarging the cabin [55:13] to allow for composting toilet plant the application is desirable and an [55:19] appropriate development of the seasonal cabin I cannot see that there would be [55:24] any undue adverse impacts on the surrounding properties the most [55:28] proximate of which I own or neighborhood indeed there would be a significant [55:33] improvement over the present state in which the cabin has been essentially [55:37] derelict for years raising the cabin allows airflow under the wood cabin and [55:43] stops the dry rot this is consistent with the continuation of the seasonal [55:48] residential use moving the cabin further into the lot [55:53] is more consistent within with the setbacks a waterless composting toilet [55:58] is more consistent with sustainable development and Environmental Protection [56:02] than the previous Outhouse which is a which existed at the time of purchase [56:07] I've known Barbara puckering for over 62 years and I was excited when she and her [56:12] husband bought the cabin I look forward to the time when once again we can live [56:16] in close proximity for a portion of the year [56:20] and no other comments were received at the time of writing the report and the [56:25] recommendation is as follows the playing Department supports [56:29] application a1922 subject to the following conditions being applied [56:33] number one that the development be consistent with the site plan provided [56:37] with the application contained within appendix one at the report with the [56:41] following setbacks front yard setback Southeast Corner 2.85 [56:46] meters front yard setback northeast corner [56:49] 5.808 meters interior side yard setback to Southern Property boundary 1.64 [56:56] meters and number two that the permission [56:59] granted to this application for minor variants shall be for a seasonal cabin [57:04] use and that the property owner shall sign an affidavit speaking to the use of [57:10] the seasonal cabin which will accompany any building permit application [57:14] number three that the maximum height of the seasonal cabin shall be 5.4 meters [57:20] from grade to Peak [57:26] perfect and uh sorry there was somebody here from the public uh is that [57:32] um sorry uh Helen Harper [57:38] okay perfect I just wanted to confirm if so there's no further comments than you [57:42] okay perfect uh is there anyone else from the public wishing to speak to this [57:47] application [57:50] okay um now's your opportunity to present [57:55] your case okay as stated what it's a legal [58:00] non-conforming seasonal use cabin and we had a model built with respect [58:09] to the and if I can just it would would be permissible to pass it around [58:18] which basically shows that the only improvements to the seasonal cabin are [58:23] to allow the raising of it and a porch on the South and the east [58:30] side of the cabin [58:33] and there's a gradient they are showing um [58:37] the lot [58:52] the enlargement of the legal non-conformer use is relatively minor [58:57] and the other condition that um the secretary referred to was a form of a [59:04] statutory declaration or affidavit on the return I have amended the foreman [59:09] provided the amended form but insofar as it dealing with the issues that [59:15] um were spoken to in the recommendation [59:18] they deal with the fact that it is a seasonal cabin will continue to be used [59:22] as a seasonal carbon [59:30] I don't know if Joel has any issue with respect to the I forged on to you [59:39] uh so through the chair at this point in time there there is no desire to look at [59:46] any type of affidavit as the decision has not been made my recommendation [59:50] would be that if there is an affidavit that has been provided by the applicant [59:55] that is not consistent with appendix 9 that further discussions with the [1:00:01] building department be had in order to determine if that affidavit is [1:00:04] acceptable to the building department standards [1:00:08] I assumed I have to apply it can if I've applied for a building permit so I'm [1:00:13] assuming those discussions would be ongoing [1:00:17] through the chair I suppose my my recommendation in this [1:00:23] regard is to if the committee is in support of the application to disregard [1:00:28] the content of the affidavit at this point and let that be addressed through [1:00:31] the building permit process with the building department and to Simply make [1:00:35] the decision on the matters and the conditions as presented [1:00:39] not necessarily considering the specific appendix as provided that's just a draft [1:00:45] so we're not stating that that has to be the appendix going forward [1:00:49] but the building department will have the ultimate decision on that [1:00:55] I'm chair Herod if I can add a comment at this point I was in a meeting [1:01:00] immediately preceding the committee of adjustment [1:01:05] um meeting today and I had learned from the [1:01:09] director of planning that the Chief Building official was now aware of this [1:01:14] affidavit and unbeknownst probably to Joel [1:01:18] is that he had indicated that he wants the condition left as is and indicated [1:01:24] that he would be happy to discuss the matter further subsequent to the [1:01:30] decision of committee today so again just to confirm what planner [1:01:35] Vine said that the determination as to how that [1:01:40] condition is satisfied would be subsequent to the decision that there [1:01:44] would be that appendix 9 would not necessarily be the the format content [1:01:50] absolutely required to satisfy the condition and we would look at that [1:01:55] subsequent to the decision today the condition would still allow for that [1:01:59] leeway to discuss how the condition could be satisfied the content of the [1:02:03] affidavit and so forth I and if I might speak to it I'm content [1:02:08] to deal with the building department with respect to whatever their concerns [1:02:11] are I think I've addressed them but I I haven't been able to speak to anyone in [1:02:15] the building department yet so I'm fine with that it's just the there are the [1:02:20] number of undefined terms in the draft that I had concerns with [1:02:26] and if they're defined then it won't be a concern [1:02:40] okay do any of the committee members have a [1:02:44] you have any comments questions [1:02:48] Mr chair uh just for clarification was the alterations and construction [1:02:55] commenced without the benefit of a building permit and this building permit [1:02:59] in fact would Legalize It should it be issued [1:03:03] I don't believe that's the legal situation the cabin was raised with [1:03:08] respect to prior to the building permit has not yet issued yet we go we received [1:03:14] a notice from the town to say that we had to apply for a building's permit and [1:03:17] not to proceed with any so there's pictures I guess in the application of [1:03:23] the current state of the cabin which is raised but unaltered from when the stop [1:03:28] order issued in 2000 and 17 I believe it remains a legal [1:03:35] non-conforming cabin regardless of whether or not it's been moved in law [1:03:39] but I appreciate that the zoning department and myself may have a [1:03:44] different opinion as to what the lies and we don't have to agree on that we [1:03:47] have just have to agree with respect to what we do going forward [1:03:52] so the issue is it's still illegal non-conforming cabin the the town agrees [1:03:59] with that in their report and I can direct you to it that they've provided [1:04:02] satisfactory proof that since 1961 it's been a seasonal [1:04:07] one-room cabin and will continue to be so the enlargement we have to see the [1:04:13] permission of the Town legally because it's an enlargement we haven't done the [1:04:17] enlargement yet we um that's the building permit that is [1:04:22] been filed back in 2017 so that's when the [1:04:29] that's the the approach on the east side and the north side now that it's been [1:04:34] raised but the cabin was raised without the benefit of a building permit [1:04:39] which required the stop order in 2017 and there's been a whole history which I [1:04:45] don't think is actually necessary to go into at this time as to why we're it [1:04:50] took so long thank you [1:04:55] foreign further questions [1:05:01] is there is there a possibility that sanitary will be on that street [1:05:09] through the chair from the comments that we've received through the public works [1:05:12] department it does not appear as though that's going to be a potential solution [1:05:15] in the in the future as of right now the street is not determined to be a [1:05:21] right-of-way to Municipal standards and the public works department has not [1:05:25] provided any comment with regard to Future Servicing [1:05:30] so the only way they can continue using that particular building or property is [1:05:36] if we pass this [1:05:41] that would be correct through the chair the applicant has [1:05:46] has provided information to the planning department indicating that the water [1:05:51] will be brought in and that these sanitary will be achieved through a [1:05:55] compost list in Violet toilet which was spoken to in the staff report [1:06:07] any further questions [1:06:12] okay I just have a just confirming so you're you are not opposed to uh signing [1:06:19] the affidavit uh but uh there is some language in there that you are wanting [1:06:25] changed is that uh correct that's are defined but yes yes and I [1:06:31] appreciate that the language relates to the building departments [1:06:35] participation and and that would require I guess negotiation as my he's indicated [1:06:40] with the the building officials so it really has it doesn't have to do with [1:06:46] the zoning right okay so so no no the reason why I'm asking is it doesn't [1:06:52] reference uh appendix 9 in the recommendations or the conditions that [1:06:57] uh planning staff it just simply says and that the property owners sign and [1:07:02] aft David speaking to the use of the seasonal cabin which will accompany any [1:07:06] building permit application and I've already signed it yes okay that's no [1:07:10] problem okay [1:07:14] um any uh further questions and there's no one from the public [1:07:19] wishing to speak to this application [1:07:25] okay all right so I will close the public [1:07:29] portion of the meeting and call the vote that the committee of [1:07:35] adjustment hereby approved the application from Barbara Pucker [1:07:41] puckering and this is for application a 1922 6 Burns Lane do I move her [1:07:50] member Morrison seconded uh [1:07:54] member of angul all in favor before you hold the vote I'd like to comment on [1:07:58] this if I could this is the appropriate time because the motion's just been put [1:08:01] on the floor so this is the appropriate time for me to pass a short comment [1:08:05] love it there's a part of me that remembers old Wasaga that remembers [1:08:11] Cottages it's I'm sort of down from the old brox Beach area what was called [1:08:15] Brock Avenue going on to gurrock if you've been around long enough you [1:08:19] remember what that is it's now 72nd Street and the idea of this I went down [1:08:23] and saw it today it took me a while to find it I mean it's there's not a road [1:08:26] trust me um I was just fascinated by it and when [1:08:30] I found the place there's like three places tucked away back in there and I'm [1:08:35] sure that there are all kinds of inconveniences in being there but on the [1:08:39] other hand I kind of loved the whole Cottage atmosphere surrounded by trees [1:08:43] isolation so many of the files that that come before us are about being [1:08:48] Progressive and moving forward and that's fine I have that this is not what [1:08:51] I'm objecting to I just think it's really cool to see people that are happy [1:08:55] with what they have and are just making it legal non-conforming so they can [1:08:59] enjoy it and so all the more power to you I'm happy to move the motion and [1:09:03] most certainly be voting for it thank you Mr chair [1:09:06] thank you for those comments any further comments before I call vote [1:09:15] so all in favor [1:09:18] and that is carried thank you [1:09:24] all right so the last application we'll go back to uh [1:09:29] 4.3 and this is for 1038 to Mosley Street do we have the applicant online [1:09:40] there is still one applicant that I am waiting for a response from so I am [1:09:45] asking that person at this time if they could respond or turn their camera on if [1:09:51] it pertains to the application this is the only matter left correct [1:09:58] I I think I see is this uh is this rosabella [1:10:06] can she hear me [1:10:14] asked her to unmute her um self there so [1:10:19] hi can you hear us [1:10:27] can you hear us [1:10:49] foreign [1:11:00] the person online with their video can you hear us [1:11:25] jerk we'd like to take a brief break I can try to call the applicant or the [1:11:30] owner of the property I mean at this point it might be [1:11:34] beneficial we can see that she's online but clearly she can't hear us so I don't [1:11:38] know if her speakers are off or yeah or as you suggested before [1:11:43] um the application you had asked about deferral for the application as well or [1:11:49] possibly I mean is there a cost to the applicant [1:11:54] if if we defer it no there'd be no cost to the applicant for it to come back at [1:12:00] the next meeting point of clarification and I really just [1:12:04] want to understand something I'm not objecting anything [1:12:06] like is there a rule that the applicant is required to be in attendance during [1:12:10] these things because I'm sure we've dealt with things in the past without [1:12:13] them in attendance and it's a beautiful day out I can't imagine that if I had [1:12:16] something before us that I thought was not going to be controversial I'm pretty [1:12:20] sure I wouldn't be here either so I'm just I'm just curious what the [1:12:24] what the rules are if they have to be here then we've got to do something if [1:12:26] not let's just move ahead [1:12:31] through you the chair with the application that we're dealing with [1:12:34] today so with 8 19 23 for remote 1038 mostly sweet the applicant is clearly [1:12:41] online today with us today intending to attend the meeting [1:12:46] so for this application in particular she's here and able to and would like to [1:12:52] participate I apologize for my final comment it was I shouldn't have been [1:12:56] stated this is a different situation but the first question is still the reason I [1:12:59] asked for the clarification is are are we required to have the the applicant in [1:13:05] attendance in some manner in order to review the event and decide a file I'm [1:13:09] not suggesting I understand what you're saying about this one yeah but in [1:13:12] general is that true or not [1:13:15] so so if if I may I think we have to provide them with an opportunity to [1:13:20] present their case and this is based on natural justice so [1:13:25] and the rules of natural Justice we're a tribunal exercising uh [1:13:32] powers of uh and so the committee May [1:13:38] decide not to vote in favor of this so we need to provide the applicant the [1:13:42] opportunity to present their case so um again I don't know what staff [1:13:48] recommend if this if this is normal this is the first time I've ever come across [1:13:53] this so if the manager wishes to uh [1:13:59] provide some clarity on this I just it's my understanding I'm not [1:14:04] familiar with overly familiar with the details of this particular application [1:14:08] but it's my understanding that there what there were comments received from [1:14:12] the public on this application and in that situation then the applicants [1:14:18] ability to respond to those comments um would require that [1:14:25] they'd be that they'd be able to respond to them [1:14:29] and they obviously have made an effort to be part of this public meeting [1:14:36] okay um so I'm gonna put forwards a [1:14:42] motion to defer this application to the next committee meeting we spent enough [1:14:49] time trying to get a hold of the applicant and maybe staff can follow up [1:14:54] and see if she can either attend in person or [1:14:58] trying to get those so so that the applicant sort of the application [1:15:04] um [1:15:10] e19 23. thank you application a 1923 for 1038 Mosley Street rosabella DeAngelo so [1:15:20] this is for a variance I'm going to put forward the motion that [1:15:25] this uh application applicant application be [1:15:31] deferred to the next scheduled meeting before you do that chair Herod if I can [1:15:36] interject for a moment is it possible for us to chat [1:15:40] use the chat function I've been doing that for the past half an hour [1:15:46] okay and are we [1:15:49] again through the chair is it possible for us to give them a phone call I'm not [1:15:54] opposed to that if if the members are good with taking a five minute recess so [1:15:59] that we can try to get a hold of the applicant [1:16:03] and I through you again um is there anyone in the public here to [1:16:08] speak to this today yes there there is [1:16:14] okay so for want of one more try [1:16:19] a telephone maybe we can still wrap this up today okay [1:16:23] um so we'll take a five minute recess and if somebody can try to phone the [1:16:29] applicant that would be great yeah [1:16:33] just before [1:20:31] for one moment for the recurring secretary to confirm that the recording [1:20:36] has started okay so it's uh 319 right now we started [1:20:45] at two o'clock uh uh the the application that we're [1:20:51] waiting to hear is a 1923 and this is for 1038 Mosley Street uh [1:20:59] um and this is rosabella uh to Angelo for a variance [1:21:04] um she has tried to connect multiple times [1:21:09] unfortunately it appears that she's having [1:21:12] technical issues um [1:21:15] I don't feel as if we should be proceeding [1:21:21] with this application um based on our duty of procedural [1:21:27] fairness which is the right to participate in having the right to [1:21:32] participate and the right to be heard [1:21:37] So based on those grounds I don't feel comfortable proceeding with this [1:21:41] application we've staff have attempted multiple times to reach this individual [1:21:46] I appreciate that people are here wishing to speak to this application [1:21:52] I personally don't feel comfortable proceeding so I am going to put forward [1:21:57] a motion that this application be deferred to the next scheduled meeting [1:22:01] and request that staff follow up with the applicant to see if they can attend [1:22:07] in person next time um do I have a well I guess I'll move it [1:22:12] do I have a secondary member van Ghul all in favor [1:22:18] and that is carried um so this uh so just for the [1:22:24] individuals in the audience um just to confirm [1:22:28] we've deferred this to the next scheduled meeting hopefully you can [1:22:33] attend if this is something you're wishing to speak with [1:22:37] um I don't know if you still have an [1:22:39] opportunity to present um like if you're unable to attend in [1:22:44] person next time if you can maybe send your information to the secretary [1:22:49] treasurer so they can be read into the record just like the previous applicants [1:22:55] um or sorry applications that were done so if you're if you're not able to [1:22:59] attend that's my suggestion to you but I do appreciate the time that you've spent [1:23:04] waiting to hear this and unfortunately we're just not able to proceed [1:23:12] not in relation to this unfortunately we've we've voted on it to defer the [1:23:19] matter to the next meeting [1:23:26] so I I appreciate uh the time that you spent to to try to speak to this [1:23:33] application unfortunately um we've we've just voted on it so [1:23:38] um if you haven't already sent your comments I would suggest doing so okay [1:23:44] all right so that concludes the meeting uh today so the next scheduled meeting [1:23:50] uh is on October 18th uh 2023 um so uh do I have a mover to adjourn [1:23:58] the meeting [1:24:01] remember Morrison and seconded by uh cool Savannah [1:24:10] all in favor thank you [1:24:17] yes if if you wish yes