BEING THE MINUTES OF THE EIGHTH HEARING OF THE SHUNIAH COMMITTEE OF ADJUSTMENT HEARING HELD IN COUNCIL CHAMBERS, 420 LESLIE AVENUE, THUNDER BAY, ONTARIO MAY 11,2016 AT 5:30P.M. THOSE PRESENT: Bill Paul, Chairman Lawrence (Lorne) Kellar Jo-Anne Hamelin Bill Covello WITH REGRETS Sarah Kerton ALSO PRESENT: Fiona Buchan, Secretary Brenda Trendiak, Applicant Mary Meredith, Applicant Craig Baumann, Applicant 5 other persons 1. CALL TO ORDER Resolution No. 43/16 Moved by: Lawrence Kellar Seconded by: Jo-Anne Hamelin THAT this Meeting of the Committee of Adjustment is hereby called to order at the hour of 5:30pm. CARRIED 2. APPROVAL OF AGENDA Resolution No. 44/16 Moved By: Bill Covello Seconded By: Lawrence Kellar THAT the Agenda be accepted as presented. CARRIED The Chair read the procedures of the Meeting for those present. 3. DISCLOSURE OF INTEREST No disclosure of interest was brought forward. 4. MINOR VARIANCE APPLICATION- Trendiak A2/16, 622 Lakeshore Drive The Secretary read out the Application. Comments received from: Lakehead Region Conservation Authority commented no comments or concerns. Planning Report from the Manager of Planning/Clerk, no objections to the request. The Applicant came forward and explained the Application. Abutting neighbours attended and asked for clarification of what was being done. They were in support of the Application once they understood the nature of the Application. Motion was made to approve the Application, all members were in favour. Resolution No. 45/16 Moved by: Bill Covello Seconded by: Lawrence Kellar THAT an Application from Brenda Trendiak regarding property described as Mining Location BE, PT N of HMJ, known as 622 Lakeshore Drive, in the Municipality of Shuniah, as set forth in application A2/16, for relief from By-law 2038-00, Section 9.3 to reduce west side yard from 7.5 metres to 4.88 metres; Be: APPROVED 5. CONSENT APPLICATION- B1/16, 457 Walkinshaw Road The Secretary read out the Application. Comments received from: Lakehead Region Conservation Authority commented that the construction of any existing channel of the watercourse will require a permit. They also requested a copy of the decision. Planning Report suggested standard conditions as well as a Site Specific Temporary Use By-law to allow for the accessory building to remain on the retained lot for a term of 3 years. The Applicant came forward and explained that she was downsizing and had not decided what exactly what she was doing. She wants to keep things in the accessory storage trailer until she decides. Questions were asked by the Committee regarding the division of the lots, the survey and the storage trailer on the retained lot. The Applicant's son, Scott Meredith came forward and mentioned that they need the storage trailer on the retained lot. Motion was made to approve the Application, all members were in favour. Resolution No.: 46/16 Moved By: Jo-Anne Hamelin Seconded By: Lawrence Kellar THAT an application from Mary Meredith was set before the Committee of Adjustment for the Municipality of Shuniah on May 11, 2016 . The purpose and effect of this application is to Creation of new lot, from property described as Concession A, Section 9, Part 1, Reference Plan 55R-2978, Township of MacGregor, Municipality of Shuniah having frontage on Walkinshaw Road in the Municipality of Shuniah. THIS DECISION OF THE COMMITIEE OF ADJUSTMENT to the application as set forth has been: APPROVED IF APPROVED: This decision is subject to the conditions as set out on the attached page(s) and is marked as Schedule A A. The Secretary-Treasurer shall have been satisfied that the following conditions have been complied with, within one year of the date of the mailing of the notice of decision, The Planning Act 1990, Section 53(20) CONDITIONS TO BE IMPOSED WITH RESPECT TO APPLICATION NO. B116: May 11,2016 Page 2 of4 1. That 5o/o cash-in-lieu of the value of the land be paid to the Municipality with respect to the severed lot. 2. That a registered legal description of the subject lands is received by the Secretary- Treasurer. 3. That approval for a Class IV Septic System is received from the Thunder Bay District Health Unit. 4. That written evidence from a licensed well driller or master plumber, confirming the establishment on the property a source of water having a flow of at least four (4) gallons of water per minute after one (1) hour of pumping from the subject water source at the rated flow, be received by the Secretary­ Treasurer. 5. That the Secretary-Treasurer shall receive a written report from a recognized testing laboratory that the water source on the severed property is potable. 6. A letter shall be received from the Municipality of Shuniah's Manager of Operations indicating that satisfactory arrangements have been made with respect to access/driveway location for the severed lot. 7. A letter shall be received from the Municipality of Shuniah's Planning Department indicating the subject lands conform to the Zoning By-law and any Official Plan in effect. A site specific temporary use By-law is approved by Council to allow the accessory structures to remain on the retained lot without a primary dwelling for a term of three (3) years. CARRIED The Chairman went over the Interim By-law that runs with the land to deal with the stand alone storage trailer on the retained lot as well as the Lakehead Region Conservation Authority requirement to obtain a permit or letter waiving same. 6. MINOR VARIANCE APPLICATION- A3/16, 461 East Floral Beach Road The Secretary read out the Application. Comments received from: Letter received from the Floral Beach Campers Association dated April 3, 2016 consenting to the application. Lakehead Region Conservation Authority commented that the Applicant may require a permit. They also requested a copy of the Decision. Planning Report from the Manager of Planning/Clerk, no objections to the request. The Applicant came forward and explained the Application and mentioned that the Minor Variance requested for both the West and East side-yards. Motion was made to approve the Application, all members were in favour. Resolution No.: 47/16 Moved By: Jo-Anne Hamelin Seconded By: Lawrence Kellar THAT an application from Craig Baumann to property described as Mining Location 6E, Reference Plan 55R-11933, Part 10, known as 461 East Floral Beach Road, in the Municipality of Shuniah, as set forth in application A3/16, for relief from By-law 2038-00 Section, Section 16.3 to Reduction of West and East side yard from 3 metres to 1. 8 metres. Be: APPROVED CARRIED May 11 , 2016 Page 3 of4 MINUTES OF PREVIOUS MEETING Resolution No. 48/16 Moved by: Lawrence Kellar Seconded by: Jo-Anne Hamelin THAT the Minutes of the Meeting of the Committee of Adjustment held March 9, 2016 be adopted as circulated. CARRIED BUSINESS ARISING FROM THE MINUTES 7. UNFINISHED BUSINESS 8. NEW BUSINESS There was a discussion about the use of Interim By-laws and By-law Enforcement. 9. ADJOURNMENT Resolution No. 49/16 Moved by: Bill Covello Seconded by: Lawrence Kellar THAT the hour of 7:15 p.m. having arrived the meeting adjourns. CARRIED The meeting adjourned at 7:15 p.m. ~ CONFIRMED AND ADOPTED THIS J_ qfh. DAY OF JU.I\ n, 2016 7?4/;~ ' iJ:l.aul, Chair ~Jla~a - e- Fiona A. Buchan, Secretary-Treasurer May 11, 2016 Page 4 of 4 .