THE CORPORATION OF THE

TOWN OF GEORGINA

Committee of Adjustment Minutes

Meeting #:

Date:

Monday, March 31, 2025

Time:

7:30 P.m. - 8:30 P.m.

Location:

Virtual Meeting

Members of Committee Present:

• John Rogers, Acting Chair
• Karen Whitney
• Chris Burns
• Lynda Rogers

Members of Committee Absent:

• Joseph Bonello

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1.

ROLL CALL

“The Town of Georgina recognizes and acknowledges that we are on lands originally used and occupied by the First Peoples of the Williams Treaties First Nations and other Indigenous Peoples, and on behalf of the Mayor and Council and Committee, we would like to thank them for sharing this land.  We would also like to acknowledge the Chippewas of Georgina Island First Nation as our close neighbour and friend, one with which we strive to build a cooperative and respectful relationship.

We also recognize the unique relationship the Chippewas have with the lands and waters of this territory.  They are the water protectors and environmental stewards of these lands and we join them in these responsibilities.”

As noted above.

2.

INTRODUCTION OF ADDENDUM ITEM(S)

None. 

3.

DECLARATION OF PECUNIARY INTEREST

No pecuniary interests were declared. 

4.

EXPLANATION OF HEARING PROCEDURE

Brianna Flatt, Secretary-treasurer read the explanation of hearing procedure. 

5.

REQUESTS FOR DEFERRAL OR WITHDRAWAL

None. 

6.

APPLICATIONS FOR CONSENT

1.

CONSENT APPLICATIONS CON-2025-0002, CON-2025-0003 and CON-2025-0004 252 PEFFERLAW ROAD, PEFFERLAW PART OF LOTS 22

The Agent Michael Smith, Michael Smith Planning Consultants, gave a brief presentation on the application. 

Brittany Dobrindt, Planner II, gave a presentation on the application. Ms. Dobrindt advised that a new condition was added to the conditions list following the published report, the new condition was sent to Committee members prior to the meeting. 

There were no public speakers or comments.

Committee member Chris Burns asked Brittany Dobrindt, Planner I, how the accessory buildings on the newly created lot with frontage and no main use will be dealt with. Ms. Dobrindt advised that in the site-specific zoning, a provision was included to allow the sheds without a main building being put there.

Committee member Chris Burns then asked for confirmation that the septic on the retained land (in blue, Lot A) is right behind the dwelling and is not on the piece being conveyed. The agent Michael Smith confirmed this.

Committee member Chris Burns asked if there are any adjacent wells on the property to the west that would be affected by the new septic for the proposed house on Lot B property. Mr. Smith advised that he did not have that information. Committee member Burns advised that it would impact the septic location, and they will want to find out if the well was dug or drilled, as this may affect their plans.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period and two years to meet all conditions.

• Moved By Chris Burns
  Seconded By Karen Whitney
  1. That the Committee of Adjustment receive Report DS-2025-0024 prepared by the Development Planning Division, Development Services Department dated March 31, 2025 respecting three applications for consent submitted by Michael Smith Planning Consultants; Development Coordinators Ltd. on behalf of the owners for lands municipally described as 252 Pefferlaw Road, Pefferlaw;

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigating and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Consent Applications CON-2025-0002, CON-2025-0003 and CON-2025-0004 as it pertains to the properties known as 252 Pefferlaw Road, Pefferlaw, to sever and convey the Subject Lands from the Retained Lands to the Beneficial Lands, as well as to grant reciprocal access easements, as shown in Attachment 3 , Pages 1, 3 and 4 to Report No. DS-2025-0024; and,

     2. That the approval of Consent Applications CON-2025-0002, CON-2025-0003 and CON-2025-004 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of two (2) white prints of a deposited reference plan of survey to conform substantially with the applications, as submitted;
        2. Submission to the Secretary-Treasurer of draft transfer documents, in duplicate, conveying Severed Land, as indicated on Attachment 3 to Report No. DS-2025-0024;
        3. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Planning Division that the Beneficial Land has been assigned a tentative civic address;
        4. Submission to the Secretary-Treasurer of written confirmation from the Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2025-0024 have been addressed to the Division’s satisfaction; and
        5. Submission to the Secretary-Treasurer of written confirmation from The Lake Simcoe Regional Conservation Authority that all matters identified in Attachment 4 to Report No. DS-2025-0024 have been addressed to the Authority’s satisfaction; and
        6. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Planning Division that that all matters identified in Attachment 4 to Report No. DS-2025-0024 have been addressed to the Division’s satisfaction; and
        7. That the above-noted conditions be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  Carried Unanimously

7.

APPLICATIONS FOR MINOR VARIANCE

1.

MINOR VARIANCE APPLICATION MV-2025-0004 97 NORTH STREET PLAN 69, BLOCK 2, LOT 3

The applicant Karyn Stone gave a brief overview of the application. Mrs. Stone advised that she spoke with the engineering department and they confirmed that they were ok with removal of the condition, and that a grading and drainage plan would be required 

Monika Sadler, Planner I, gave a presentation on the application. 

 There were no public speakers or comments.

Committee member Chris Burns pointed out the laneway at the back and asked if it will be used to access the garage. The owner Karyn Stone advised that it is a grass laneway, it is more of a path. There is a mature cedar hedge along it. There is no intent to use it to access the garage.

Committee member Chris Burns then asked if the existing garage would be remaining. Mrs. Stone advised that the smaller garage is currently used for storage, in the long term it will be relocated or removed from the site. Committee member Chris Burns then confirmed with Mrs. Stone that the existing garage is included in the lot coverage.

 Committee member Chris Burns asked if the garage doors are being used for access not vehicle access, if your existing garage is maintained, you will not be able to get a car in there. Mrs. Stone advised that is correct and with the size of the lot, there is potential to change the driveway entrance. This has not been contemplated at this time.

Karen Whitney, motioned to move the condition to an advisory term.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period and two years to meet all conditions.

• Moved By Karen Whitney
  Seconded By Lynda Rogers
  1. That the Committee of Adjustment receive Report No. prepared by the Development Planning Division, Development Services Department, dated March 31, 2025, respecting Minor Variance Application MV-2025-0004 for the property municipally addressed as 97 North Street; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application MV-2025-0004 to permit relief from the following:
        1. Section 5.1(f): To permit a detached accessory building with a height to the roof peak of 8 metres, whereas detached accessory buildings may have a maximum height to the roof peak of 6 metres;

        2. Section 5.1(f): To permit a detached accessory building with a height to the eaves of 6 metres, whereas detached accessory buildings may have a maximum height to the eaves of 4.5 metres;

        3. Section 5.1(e): To permit a maximum lot coverage of 18% for all accessory structures, whereas a maximum lot coverage of 10% for all accessory structures is permitted;

     2. That the approval of Minor Variance Application MV-2025-0004 be subject to the following term(s):
        1. That the proposed accessory structure be constructed in general conformity with Attachment 2 to Report DS-2025-0022, in accordance with the relief recommended to be approved in Recommendation 2a);

     3. That the approval of Minor Variance Application MV-2025-0004 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of written confirmation from the Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2025-0022 have been addressed to the Division’s satisfaction; and

        2. That the above-noted conditions be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  Carried Unanimously

2.

MINOR VARIANCE APPLICATION MV-2025-0002 305 LAKE DRIVE NORTH CONCESSION 2, PART OF LOT 19

The agent Russ Gregory, Gregory Design Group, gave a brief overview of the application. 

Monika Sadler, Planner I, gave a presentation on the application. 

 There was one public comment and five public speakers.

The public speakers were Kyle Gorgan: 291 Post Office Road, Reinhold Kowaluk: 292 Post Office Road, Alan Higgins:  303 Lake Drive North Randy Pegg : 290 Post Office Road and      David O’Hara: 288 Post Office Road. Each member of the public was given the opportunity to speak, there were many concerns that were raised by the public. The concerns were the setbacks from the property lines, if there was to be a fire it is close to the existing fence which would cause other buildings to catch fire, maintenance of the proposed garage, shadowing the neighbours properties, the view of the lake, coverage of the lot, lack of green space, impact on surrounding property values, affect enjoyment of properties, possibility of renting out the loft space, lack of privacy, and the overall size of the proposed garage.

Mr. Gregory responded to the public concerns.

Committee member Karen Whitney noted that there is a one foot four-inch overhang off the eaves. It was then asked if the requested setback is from the eaves or the overhang. Mr. Gregory advised that the requested setback is from the building, the eaves will be eight inches off the lot line with two feet. Committee member Karen Whitney then asked how they would access the back or the side of the garage for maintenance. Mr. Gregory advised the two feet is enough space to put a ladder up, the prefinished siding and aluminum can be put up by ladders. There is no eavestrough on the one side as it is a gable end. Committee member Karen Whitney asked what the proposed siding will be and if it needs to be fireproof. Mr. Gregory advised that at a two feet setback it is not required to be fire rated and that it would be a Maybeck pre-finished siding, if the setback is less then two feet it would need to be fire rated (ie stucco) this will be dealt with at building permit stage.

Committee member Chris Burns asked why they couldn’t comply with the current setbacks. Mr. Gregory advised that the existing garage is currently 8 inches off the lot line, the proposed garage will be moved over to 2 feet. If the proposed garage was moved over more, it will be hard to get a car in the garage due to the depth of the house.

Committee member Chris Burns asked if the garage needed to be that tall. Mr. Gregory advised that they could lower the slopes, currently the proposed height is only 1.5 metres over what is allowed in the by-law for the height. They can lower the height of the eaves by 1.5 inches. Ultimately, they are trying to get some decent space for the storage loft.

Committee member Chris Burns asked if the rear elevation would be facing east, and if they are permitted to have openings on that face of the building. Mr. Gregory advised that at four feet they would be able to have the window, but they will lose that window if they go down to a 2 feet set-back. Committee member Chris Burns asked if there was a current survey showing the garage. Mr. Gregory advised that the lot lines, were taken from the surveyor.

Committee Chair John Rogers advised that the committee may impose a term to not have plumbing fixtures in the garage, it was confirmed with Mr. Gregory that they are not opposed to the potential term being added.

Committee member Chris Burns motioned to approve the application. There were no seconders to approve the application.

Committee member Karen Whitney motioned to approve the application for the increased heigh and deny the application for the decreased setbacks.

Committee member Chris Burns seconded this motion.

Mr. Gregory asked if they went down to three feet by three feet setback instead of four feet by four feet, and if it was it possible to increase the setbacks to 0.91 metres. Committee member Karen Whitney advised that they were concerned about the side yard setback, normally when you go higher you move away from the side yard you don’t move closer. Committee member Karen Whitney advised that 1.2 metres is not an appropriate set back for a building like this.

Lynda Rogers apposed the application

Following the vote, Committee Chair John Rogers advised that the application was approved for the height of the proposed garage and denied for the setbacks of the proposed garage and is subject to a 20-day appeal period and two years to meet all conditions.

 

• Moved By Karen Whitney
  Seconded By Chris Burns
  1. That the Committee of Adjustment receive Report No. prepared by the Development Planning Division, Development Services Department, dated March 31, 2025, respecting Minor Variance Application MV-2025-0002, for the property municipally addressed as 305 Lake Drive North; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application MV-2025-0002 to permit relief from the following:
        1. Section 5.1(f): To permit a detached accessory building with a height to the roof peak of 7.5 metres, whereas detached accessory buildings may have a maximum height to the roof peak of 6 metres;

        2. Section 5.1(f): To permit a detached accessory building with a height to the eaves of 4.6 metres, whereas detached accessory buildings may have a maximum height to the eaves of 4.5 metres;

        3. Section 5.1(d): To permit a detached accessory building with a rear yard setback of 0.61 metres, whereas a rear yard setback of 1.2 metres is required;

        4. Section 5.1(d): To permit a detached accessory building with an interior side yard setback of 0.61 metres, whereas an interior side yard setback of 1.2 metres is required.

     2. That the approval of Minor Variance Application MV-2025-0002 be subject to the following term(s):
        1. That the proposed accessory structure be constructed in general conformity with Attachment 2 to Report DS-2025-0023, in accordance with the relief recommended to be approved in Recommendation 2a);

     3. That the approval of Minor Variance Application MV-2025-0002 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of written confirmation from the Lake Simcoe Region Conservation Authority that all matters identified in Attachment 4 to Report No. DS-2025-0023 have been addressed to the Authority’s satisfaction;

        2. Submission to the Secretary-Treasurer of written confirmation from the Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2025-0023 have been addressed to the Division’s satisfaction; and

        3. That the above-noted conditions be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  Carried

8.

POWER OF SALE/FORECLOSURE/VALIDATION OF TITLE APPLICATIONS

None. 

9.

MINUTES OF PREVIOUS MEETING

1.

March 17, 2025 meeting minutes

The March 17, 2025 meeting minutes were adopted. 

• Moved By Lynda Rogers
  Seconded By Chris Burns
  
  
  
  Carried Unanimously

10.

COMMUNICATIONS

None. 

11.

OTHER BUSINESS

Q1 expenses are due by April 14, 2025.

If you are interested in attending the OACA conference in Blue Mountains this year please reach out to Brianna Flatt to show your interest. 

12.

NEXT MEETING

The next meeting is April 14, 2025. 

13.

ADJOURNMENT

Meeting was adjourned.