Agenda
The Blue Mountains, Committee of Adjustment

Meeting #:

Date:

Wednesday, August 21, 2024

Time:

1:00 P.m. - 4:30 P.m.

Location:

Town Hall, Council Chambers and Virtual Meeting

32 Mill Street, Thornbury ON

Prepared by: Carrie Fairley, Secretary-Treasurer

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A.

Call to Order

A.1

Traditional Territory Acknowledgement

We would like to begin our meeting by recognizing the First Nations, Metis and Inuit peoples of Canada as traditional stewards of the land.  The municipality is located within the boundary of Treaty 18 region of 1818 which is the traditional land of the Anishnaabek, Haudenosaunee and Wendat-Wyandot-Wyandotte peoples.

A.2

Committee Member Attendance

A.3

Approval of Agenda

• Recommended (Move, Second)

  THAT the Agenda of August 21, 2024, be approved as circulated, including any additions to the agenda.

A.4

Declaration of pecuniary interest and general nature thereof

NOTE: In accordance with the Municipal Conflict of Interest Act, the Town Committee of Adjustment By-Law 2024-04, and the Town Procedural By-law 2023-62, Committee of Adjustment Committee Members must file a written statement of the interest and its general nature with the Clerk for inclusion on the Registry. 

A.5

Previous Minutes

• Recommended (Move, Second)

  THAT the Minutes of July 17, 2024, be approved as circulated, including any revisions to be made.

A.6

Business Arising from Previous Minutes

B.

Public Meeting

Under the authority of the Municipal Act, 2001 and in accordance with Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The Corporation of the Town of The Blue Mountains wishes to inform the public that all information including opinions, presentations, reports and documentation provided for or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record. This information may be posted on the Town’s website and/or made available to the public upon request.

B.1

Minor Variance Application No. A32-2024

Owner: Santino Agueci and June Nagy
Applicant/Agent: N/A
Municipal Address: 58 Bruce Street South 

• Recommended (Move, Second)

  THAT the Committee of Adjustment receive Staff Report PDS.24.116, entitled “Recommendation Report – Minor Variance Application A32-2024 – 58 Bruce Street (Agueci and Nagy)”;

  AND THAT the Committee of Adjustment GRANT a minor variance for A322024 subject to the following conditions:

  1. That the site development be constructed in a manner substantially in accordance with the submitted site plan;
  2. That this variance to the Zoning By-law is for the purpose of obtaining a building permit and is only valid for a period of two (2) years from the date of decision. Should a building permit not be issued within two years, the variance shall expire on August 21, 2026.

B.2

Consent Application No. B09-2024

Owner: Joe and Lynda Elmes
Applicant/Agent: Colin Travis, Travis & Associates
Municipal Address: Town Plot Lot 10 SW Louisa Street NE Alice Street RP 16R-8525 Part 1

• Recommended (Move, Second)

  THAT the Director of Planning and Development Services has deemed Consent Application B09-2024 a Contested Application and advances the Application to the Committee of Adjustment for a decision.

  AND THAT the Committee of Adjustment receives Staff Report PDS.24.102, entitled “Recommendation Report – Consent Application B09-2024 – Alice Street (Elmes);”

  AND THAT the Committee of Adjustment GRANT provisional consent for application B09-2024, subject to the following conditions:

  1. That the Applicant meets all the requirements of the Town, financial and otherwise, for the Certificate of Consent to be issued.
  2. That the Applicant provide payment of cash‐in‐lieu of parkland dedication for the severed lot, or 5% of its appraised value, to the satisfaction of the Town of The Blue Mountains.
  3. That the Applicant provide payment of applicable Development Charges for the severed lot, as required by the Town.
  4. That the depth of the severed lot is confirmed to be located entirely within the R1-1 zone or that the depth of the severed lot be modified to ensure that it is located entirely within the R1-1 zone.
  5. That the Applicant retain an engineer to provide an engineered Lot Development Plan to demonstrate that the existing Town water and sewer services can be extended to service the severed lot. The Lot Development Plan shall be submitted to the Town prior to final approval and registration of the Lot. A Municipal Land Use Agreement, or other Agreement as deemed appropriate by the Town, shall be entered into to facilitate all approved works. All costs associated with the installation of required services shall be the responsibility of the Applicant.
  6. That the Applicant retain an engineer to provide detailed design drawings for the provision of appropriate access to the site, to the satisfaction of the Town. Any design shall provide for a formalized pedestrian trail connection from Alice Street East to the Beaver River Trail. Any design shall also locate the entrance to the site from Alice Street East as far to the west as possible. A Municipal Land Use Agreement, or other Agreement as deemed appropriate by the Town, shall be entered into to facilitate all approved works. All costs associated with the installation of required works shall be the responsibility of the Applicant.
  7. That the Applicant submit a Tree Inventory/Retention Plan and Planting Plan prepared by a qualified Registered Professional Forester or Registered Landscape Architect, informed by the requirements outlined in Conditions 5 and 6, to the satisfaction of the Town. Any trees over 10 centimetres in diameter at breast height shall be replaced at a 2:1 compensation ratio.
  8. That the Applicant provide Phase 1 and Phase 2 Environmental Assessments, and that any recommendations from the Assessments be implemented, to the satisfaction of the Town.
  9. That the Owner provides a description of the land and deposited reference plan, which can be registered in the Land Registry Office.
  10. That all above conditions be fulfilled within two years of the Notice of Decision so that the Certificate of Consent pursuant to Section 53(42) of the Planning Act, can be issued by the Town.

B.3

Consent Application No. B13-2024 & B14-2024

Owner: Garpan Holdings Inc.
Applicant/Agent: Gord Russell
Municipal Address: 105 Patricia Drive

• Recommended (Move, Second)

  THAT the Director of Planning and Development Services deems Consent Application B13-2024 and B14-2024 as Contested Applications and advances the Applications to the Committee of Adjustment for a decision.
  AND THAT the Committee of Adjustment receives Staff Report PDS.24.106, entitled “Recommendation Report – Consent Applications B13-2024 and B14-2024 – 105 Patricia Drive (Garpan Holdings Inc.);”
  AND THAT the Committee of Adjustment GRANT provisional consent to application B13-2024, subject to the following conditions:

  
  1. That the Applicant meets all the requirements of the Town, financial and otherwise, for the Certificate of Official to be issued.
  2. That the Applicant provide payment of cash‐in‐lieu of parkland dedication for the severed lot, or 5% of its appraised value, to the satisfaction of the Town of The Blue Mountains.
  3. That all existing accessory structures and buildings are demolished, removed or otherwise brought into compliance with the Zoning By-law, to the satisfaction of the Town of The Blue Mountains.
  4. That the Owner provides a description of the land and deposited reference plan, which can be registered in the Land Registry Office.
  5. That all above conditions be fulfilled within two (2) years of the Notice of Decision so that the Certificate of Consent pursuant to Section 53(42) of the Planning Act, can be issued by the Town.

  AND THAT the Committee of Adjustment GRANT provisional consent to application B14-2024, subject to the following conditions:

  
  1. That the Applicant meets all the requirements of the Town, financial and otherwise, for the Certificate of Official to be issued. 
  2. That the existing dwelling unit is demolished, removed or otherwise brought into compliance with the Zoning By-law, to the satisfaction of the Town of The Blue Mountains.
  3. That the lots created by Consent Application B13-2024 be registered prior to those created by Consent Application B14-2024.
  4. That the Owner provides a description of the land and deposited reference plan, which can be registered in the Land Registry Office.
  5. That all above conditions be fulfilled within two (2) years of the Notice of Decision so that the Certificate of Consent pursuant to Section 53(42) of the Planning Act, can be issued by the Town.

   

C.

Other Business

D.

Committee Member Expenses

E.

Notice of Meeting Date

September 18, 2024
Town Hall, Council Chambers, and Virtual

October 16, 2024
Town Hall, Council Chambers, and Virtual

F.

Adjournment

• Recommended (Move, Second)

  THAT the Committee of Adjustment does now adjourn at (time) p.m. to meet again at the call of the Chair.