THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT

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1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Thursday, January 16 th, 2014, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Allen Edwards - Chair B. Noble - Development Planner Alice Murphy D. Pink - Director of Planning Carol-Anne Robinson A. Glazier - Committee of Adjustment Coordinator /Acting Secretary-Treasurer L. Forbes - Planning Assistant 1. Meeting Called to Order a. Chair Edwards called the meeting to order at 9:03 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: CA-01-16/01/2014 Member Murphy Member Robinson: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 16, 2014, be adopted. 3. Declaration of Conflict of Interest 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of Adjustment Meeting Minutes held on December 12, Resolution Number: CA-02-16/01/2014 Member Murphy Member Robinson: Be it resolved that the minutes dated December 12, 2013, be adopted and approved as circulated. 5. Delegations Committee of Adjustment January 16, 2014 Page 1 of 11

2 Committee of Adjustment January 16, 2014 Page 2 of Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 7. Hearing of Consent Applications and Minor Variance Applications 8. Hearing of Consent Applications 9. Hearing of Minor Variance Applications a. A-69/13, Malinowski, Malinowski, Lynch, Part of Lot 4, Concession 12, Parts 2-5 on Plan 35R-19862, (Watt), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 27 days prior. Mr. Noble circulated photographs submitted by the applicant, copies of which are attached. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Letters of support from Rhonda Noll. Mr. Noble reviewed the letter, a copy of which is attached. iii) Letter of support from Ted Warren. Mr. Noble reviewed the letter, a copy of which is attached. iv) Letter of support from Ken and Pat Reese. Mr. Noble reviewed the letter, a copy of which is attached. v) Letter of support from Norman Huggins. Mr. Noble reviewed the letter, a copy of which is attached. vi) Letter of support from Joan Vander Doelen. Mr. Noble reviewed the letter, a copy of which is attached. vii) Letter of support from Nancy and Sandy Harju, Troy Cove Marine. Mr. Noble reviewed the letter, a copy of which is attached. viii) Letter of support from Ray Sultana. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Martin Malinowski, Applicant, 1151 Trillium Court, Oshawa, ON, L1G 7M2, attended the meeting. Mr. Malinowski requested Committee to permit one of the sheds to remain. Committee of Adjustment January 16, 2014 Page 2 of 11

3 Committee of Adjustment January 16, 2014 Page 3 of 11 In response to Committee s question, Mr. Pink indicated if Committee agrees to permit the storage shed to remain it would increase the amount of requested lot coverage and the application should be amended and re-circulated. Mr. Malinowski indicated he would move the storage sheds beyond 200 feet of the High Water Mark. Resolution Number CA-03-16/01/2014 Member Murphy Member Robinson: Be it resolved that Application A- 69/13, (Malinowski), to permit existing buildings (including a shed and garage) to remain which has resulted in a lot coverage of 8.6% or 2,612 square feet within the lot area 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the following condition: i) That all wood shelters be moved to comply with the by-law. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the buildings are not visible from the water, no trees will be removed and the neighbours supported this application. b. A-70/13, (Revised), Rosborough and Holmes, Part of Lot 21, Concession 6, Parts 1 and 2, Plan 35R-20335, (Monck), displayed a pictorial summary of the application, a copy of which is attached. Mr. Noble circulated photos, copies of which are attached. Notice of the Hearing was circulated 10 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Letter from Agent, Tracey Owen, The Drawing Board. Mr. Noble reviewed the letter, a copy of which is attached. iii) Letter of support from Doug Griffiths. Mr. Noble reviewed the letter, a copy of which is attached. iv) Letter of support from Rick Durst. Mr. Noble reviewed the letter, a copy of which is attached. v) Letter of support from Bob Downey. Mr. Noble reviewed the letter, a copy of which is attached. vi) Letter of support from Vivi Price. Mr. Noble reviewed the letter, a copy of which is attached. Committee of Adjustment January 16, 2014 Page 3 of 11

4 Committee of Adjustment January 16, 2014 Page 4 of 11 vii) viii) ix) Letter of support from Sue Russell. Mr. Noble reviewed the letter, a copy of which is attached. Letter of support from John Stone. Mr. Noble reviewed the letter, a copy of which is attached. Letter of support from Tim & Kristi Duncanson. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Glenn Rosborough, Applicant, 29 Lynngrove Ave., Toronto, ON, M8X 1M5, attended the meeting. Mr. Rosborough explained the purpose of the application is to raise the rear of the building to be equivalent in height with the remainder. He indicated he reviewed his plans with the neighbours. Committee had no questions. Resolution Number CA-04-16/01/2014 Member Murphy Member Robinson: Be it resolved that Application A- 70/13, (Rosborough and Holmes), to permit the construction of a second storey addition to an existing dwelling to be 21 feet from the high water mark and to permit the construction of a second storey addition and a roofed surface on the existing boathouse which will result in a lot coverage of 10.7% or 2,560 square feet within the lot area 200 feet from the high water mark and 10.3% or 2,560 square feet on the entire lot as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted there will be minimal impact on the waterfront, there will be no change in vegetation, there is good tree cover, is consistent with previous approvals and the neighbours supported this application. c. A-71/13, Graham and Thacker, Part of Lot 13, Concession B, Lot 231 on Plan 22, (Bala), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 27 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Committee of Adjustment January 16, 2014 Page 4 of 11

5 Committee of Adjustment January 16, 2014 Page 5 of 11 Committee had no questions. Resolution Number CA-05-16/01/2014 Member Murphy Member Robinson: Be it resolved that Application A- 71/13, (Graham and Thacker), to permit habitable construction on a lot that is within the Urban Service area of the District and is not serviced by municipal sewer facilities, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the proposed development is consistent with the area, it is impossible to comply with the zoning by-law and the neighbours did not indicate any concerns. d. A-72/13, Kipfer, Part of Lot 16, Concession E, Lot 18, Part Lot 19 on Plan M-435, Part 1 on Plan 35R-19027, Part 2 on Plan 35R-22167, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 27 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Randy Kipfer, Applicant, 21 Huntingdale Drive, Kitchener, ON, N2A 3K5, attended the meeting. Mr. Kipfer noted the new dwelling would have less decking than the existing and indicated he was available to answer questions. In response to Committee s questions, Mr. Pink reviewed the locations of sundecks on the lot and indicated the proposed development would be subject to site plan control. Committee held a brief discussion regarding the existing decking, and determined that a further reduction was not warranted. Committee of Adjustment January 16, 2014 Page 5 of 11

6 Committee of Adjustment January 16, 2014 Page 6 of 11 Resolution Number CA-06-16/01/2014 Member Robinson Member Murphy: Be it resolved that Application A- 72/13, (Kipfer), to permit the construction of a new dwelling and existing buildings which will result in a lot coverage of 10.5% or 3,562 square feet within the lot area 200 feet from the high water mark and 10.8% or 4,300 square feet on the entire lot as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the property is subject to site plan control, there is to be a reduction in sundecks, there will be no tree removal, there will be minimal impact from the water and the neighbours did not indicate any concerns. e. A-73/13, Abell Trustees and Regan Trustee, Part of Lot 21, Concession 6, Part 1 on Plan 35R-12896, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 27 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Ms. Gayle Zlotney, Agent, Highway 60, Dwight, ON, P0A 1H0, attended the meeting. Ms. Zlotney indicated she concurred with staff s recommendations. Committee held a brief discussion regarding the recent zoning amendment approval. In response to Committee s question, Mr. Pink indicated the request for a minor variance is the result of an error by the contractor shortly thereafter the zoning approval. Resolution Number CA-07-16/01/2014 Member Murphy Member Robinson: Be it resolved that Application A- 73/13, (Abell Trustees, Regan Trustee), to permit the reconstruction and extension of a dwelling by 180 square feet where three sleeping cabins Committee of Adjustment January 16, 2014 Page 6 of 11

7 Committee of Adjustment January 16, 2014 Page 7 of 11 exist, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the following condition: i) That the lands be made subject to Enhanced Site Plan Control and that a site plan agreement be entered into, along with securities, in order to re-vegetate the front yard and the area surrounding the proposed dwelling. This agreement is to be registered on title. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed development will not be visible from the water, there will be no tree removal and the neighbours did not indicate any concerns. f. A-74/13, Galli, Part of Lot 18, Concession F, Parts 1 and 2 on Plan RD-699, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 27 days prior. Mr. Noble circulated photographs submitted by the Agent, a copy of which is attached. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Letter of support from Brian Atkinson. Mr. Noble read the letter, a copy of which is attached. iii) Letter of support from Eric Hauser. Mr. Noble read the letter, a copy of which is attached. iv) Letter of support from Richard Roell. Mr. Noble read the letter, a copy of which is attached. Mr. Kevin Crozier, Agent, Crozier Designs, 315 Union St., E. Fergus, ON, N1M 1W2, attended the meeting. Mr. Crozier indicated the owner of the property was also present and available to answer questions. Mr. Crozier noted the circulated photographs were taken from the lake. There would not be any visual impact from the lake. He explained the owners have met with the neighbours to ensure there were no concerns. Committee of Adjustment January 16, 2014 Page 7 of 11

8 Committee of Adjustment January 16, 2014 Page 8 of 11 Resolution Number CA-08-16/01/2014 Member Robinson Member Murphy: Be it resolved that Application A- 74/13, (Galli), to permit the construction of an addition to an existing dwelling which will result in a lot coverage of 11% or 4,715 square feet on the entire lot as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted there is adequate shoreline vegetation providing a buffer, there will be minimal impact from the water and the neighbours supported this application. 10. Correspondence 11. Unfinished Business a. Dedication of Township Road, B/32/13/ML, Wallace, Part of Lots 17 and 18, Concession 7, (Medora), Mr. Pink explained the history, nature and location of the application/property. Mr. Pink noted the applicant requested to be reimbursed for the additional survey costs and legal fees incurred by the expropriation of the lands by the Township for the roadway. In response to Committee s questions, Mr. Pink reviewed the survey and legal process involved with the identification of each encroachment of the Township road on the applicant s lands. Mr. Adam Wallace, Applicant, Box 46, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Wallace indicated he would like to complete the consent process and register the newly created lot. Committee requested staff to investigate further the Applicant s request for reimbursement of survey and legal fees, and provide a report to Committee for discussion and consideration. Resolution Number: CA-09-16/01/2014 Member Robinson Member Murphy: Be it resolved that the decision of the Committee of Adjustment dated June 13, 2013 for Application B/32/13/ML, (Wallace), is hereby amended by adding the following condition: Committee of Adjustment January 16, 2014 Page 8 of 11

9 Committee of Adjustment January 16, 2014 Page 9 of Condition Number 3: That the portions of the Township Road located on the severed lot be transferred to the Township. The applicant is to fulfill this condition. EXPLANATION OF CHANGES: A draft survey has been prepared and it and it has been found that portions of Big Joe Road are located on the severed lot. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). 12. Information Items 13. New Business 14. Statistics 15. Committee in Closed Session a. Committee in Closed Session to be held for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality pursuant to Section 239(2) of the Municipal Act, 2001 Resolution Number: CA-10-16/01/2014 Member Murphy Member Robinson: Be it resolved that Committee of Adjustment in Closed Session be held for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, pursuant to Section 239(2) of the Municipal Act, Committee of Adjustment January 16, 2014 Page 9 of 11

10 Committee of Adjustment January 16, 2014 Page 10 of 11 Resolution Number: CA-11-16/01/2014 Member Murphy Member Robinson: Be it resolved that Closed Session reconvene as Committee of Adjustment to report on matters discussed under Closed Session. The following resolution was considered upon arising from Closed Session. Resolution Number: CA-12-16/01/2014 Member Robinson Member Murphy: Be it resolved that the decision of the Committee of Adjustment dated May 16, 2013, for Application B/23/13/ML, (Denstedt), is hereby amended by changing and deleting the following conditions: 1. Condition Number 4: The applicants enter into a Consent Agreement with the District Municipality of Muskoka under Section 51(26) of the Planning Act regarding the location of any proposed well on the subject lands in relation to Muskoka Road 118 West. The applicants also agree to restrict the usage of the existing northerly entrance from Muskoka Road 118 West on the retained lot for servicing of cell towers/associated utilities only. This Agreement is to be registered on title. 2. Condition Number 5: That a Consent Agreement be entered into that at which time the Retained Lot is to be developed, access be from Wray Road only, through the issuance of an Entrance Permit in accordance to Resolution No. C-30-13/12/ Condition Number 6: Be deleted. 4. Condition Number 9: That parkland be dedicated to the Township in the amount of 5% of the lands. 5. Condition Number 10: Be deleted. 6. Condition Number 11: That a privacy fence be constructed along the southerly line of the Severed Lot for 200 feet from District Road 118 W. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the Committee of Adjustment January 16, 2014 Page 10 of 11

11 Committee of Adjustment January 16, 2014 Page 11 of 11 certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). 16. Adjournment a. Resolution Number: CA-13-16/01/2014 Member Murphy Member Robinson: Be it resolved that the meeting adjourn at 11:18 a.m. Allen Edwards, Chair Andrea Glazier, Acting Secretary-Treasurer Committee of Adjustment January 16, 2014 Page 11 of 11

12 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Thursday, February 13 th, 2014, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Allen Edwards - Chair B. Noble - Development Planner Susan Benson D. Pink - Director of Planning Alice Murphy A. Glazier - Committee of Adjustment Coordinator Carol Anne Robinson /Acting Secretary-Treasurer L. Forbes - Planning Assistant 1. Meeting Called to Order a. Chair Edwards called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: CA-01-13/02/2014 Member Benson Member Robinson: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 13, 2014, be adopted. 3. Declaration of Conflict of Interest 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of Adjustment Meeting Minutes held on January 16, Resolution Number: CA-02-13/02/2014 Member Robinson Member Benson: Be it resolved that the minutes dated January 16, 2014, be adopted and approved as circulated. Committee of Adjustment February 13, 2014 Page 1 of 11

13 Committee of Adjustment February 13, 2014 Page 2 of Delegations a. Ms. Terry Ledger, Agent, attended at 11:40 a.m., re: item 11.a., Unfinished Business, (Port of Call Inc.) (Refer to item 11.a.) b. Mr. Adam Wallace attended the meeting but did not address Committee, re: item 11.b., Unfinished Business, (Wallace) (Refer to item 11.b.) 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 7. Hearing of Consent Applications and Minor Variance Applications a. B/02/14/ML, A-02/14, Ontario Limited, Part of Lot 18, Concession G, Parts 5-7 on Plan 35R-12196, Part 1 on Plan 35R-21154, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 16 days prior. i) Two letters from the District Municipality of Muskoka, Planning and Economic Development Department and Public Works and Engineering Department. Mr. Noble reviewed the letters, copies of which are attached. ii) Report from Building Inspector Sandy Bos. Mr. Noble reviewed the report, a copy of which is attached. iii) Letter of no objection from Timothy van Kruistum. Mr. Noble reviewed the iv) letter, a copy of which is attached. Letter of no objection from Donald Bruce and Geraldine Mary Allison. Mr. Noble reviewed the letter, a copy of which is attached. v) Letter of no objection from Gary Ellis. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Jamie Watkinson, 1160 Golden Beach Road, Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Watkinson indicated he was available to answer questions. Mr. Watkinson confirmed for Committee that the subject land has a legal right to use the right-of-way leading to the subject land. Committee of Adjustment February 13, 2014 Page 2 of 11

14 Committee of Adjustment February 13, 2014 Page 3 of 11 Resolution Number: CA-03-13/02/2014 Member Benson Member Robinson: Be it resolved that Consent be granted for Application B/02/14/ML, ( Ontario Limted), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 3. The subject lands being brought into conformity with the Zoning By-law by means of a variance for lot area on the severed lot. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Resolution Number CA-09-13/02/2014 Member Robinson Member Murphy: Be it resolved that Application A- 02/14, ( Ontario Limited) to permit a new lot to be created with 1.2 acres in area, as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the lot frontage on the proposed lots exceed the minimum requirement, the proposed lots are well treed, there are building sites on the proposed lots, this approval will fulfill one of the conditions of the severance and the neighbours did not indicate any concern. Committee of Adjustment February 13, 2014 Page 3 of 11

15 Committee of Adjustment February 13, 2014 Page 4 of Hearing of Consent Applications a. B/01/14/ML, Viner, Part of Lot 34, Concession 1, Part 4 on Plan 35R-16217, (Cardwell), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 16 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Report from Building Inspector Sandy Bos. Mr. Noble reviewed the report, a copy of which is attached. Mr. Glen Cunnington, 363 Fairview Drive, Gravenhurst, ON P1P 1L2, attended the meeting. Mr. Cunnington indicated he was available to answer questions. In response to Committee s question, Mr. Noble reviewed the locations of existing buildings. Resolution Number: CA-04-13/02/2014 Member Benson Member Robinson: Be it resolved that Consent be granted for Application B/01/14/ML, (Viner), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That a Zoning By-law be passed which limits building envelopes on the proposed severed lot to location(s) that protect the integrity of steep slopes. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. Committee of Adjustment February 13, 2014 Page 4 of 11

16 Committee of Adjustment February 13, 2014 Page 5 of 11 It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). 9. Hearing of Minor Variance Applications a. A-60/13, Hopwood, Part of Lots 24 and 25, Concession 7, Part 1 on Plan 35R-2335, (Port Carling), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 14 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Ms. Marie Poirier, Agent, Highway 60, Dwight, ON, P0A 1H0, attended the meeting. Ms. Poirier provided a brief history of the property and reviewed the proposed changes to the legal non-complying docks and boathouse. Ms. Poirier indicated she was available to answer questions. Ms. Margaret Rutledge attended the meeting and indicated she was the owner of the property to the south-east of the subject property. Ms. Rutledge provided a brief history of the property and felt insufficient notice was provided regarding the proposed development. Ms. Rutledge indicated she was concerned the area she utilizes for swimming would become hazardous due to the orientation of the boathouse and the ingress and egress of boats. Ms. Evelyn Brian, 15 Rosemeade Close, Bracebridge, ON, attended the meeting. Ms. Brian requested the application be deferred as they wished to review the proposal more closely. Ms. Brian indicated the proposed extension of the docks would impact the use and enjoyment of the bay. No one attended in support of the application. Ms. Poirier circulated photographs, copies of which are attached. Ms. Poirier explained no new use is proposed as the legal non-complying boathouse had existed for over 60 years. She noted the applicant, Mr. Larry Hopwood, was also present to answer questions. In response to Committee s questions, Mr. Pink reviewed the sketch and zoning bylaw provisions. Committee of Adjustment February 13, 2014 Page 5 of 11

17 Committee of Adjustment February 13, 2014 Page 6 of 11 Ms. Poirier confirmed for Committee the proposed boathouse is decreasing in size, is a single storey, and the dormers are for aesthetics only. Mr. Larry Hopwood, 6 Burnadotte Drive, Markham, ON, L6C 1C9, attended the meeting. Mr. Hopwood explained he was unable to park a boat in the boathouse for some time as the wave action had increased sand levels and decreased water depth. For insurance reasons the boathouse had to be demolished due to its unsafe condition. The proposed length of docks is to achieve adequate water depth to park his boats. Mr. Hopwood indicated that the orientation of the proposed boathouse would not be intrusive to the neighbour s swimming area. Staff and Ms. Poirier answered questions for Committee regarding the proposed docks and location of the proposed boathouse. Ms. Poirier circulated an aerial photograph depicting the distance between the previously existing boathouse and the neighbours boathouse, a copy of which is attached. Committee held a lengthy discussion and agreed to adjourn the application to allow the applicant time to work out a solution with the neighbours. b. A-75/13, Matthews, Part of Lots 4 and 5, Concession 4, (Wood), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 14 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Request of notice of decision from Barbara Marmei. Mr. Noble reviewed the letter, a copy of which is attached. iii) Letter of support from Elaine Hibben. Mr. Noble read the letter, a copy of which is attached. Mr. Nick Snyder, Agent, Sprout Studios, 821 West Browns Road, Huntsville, ON, P1H 2J3, attended the meeting. Mr. Snyder indicated he agreed with staff s recommendations and was available to answer questions. In response to Committee s questions, Mr. Pink indicated a sauna is exempt from front yard setbacks and would be permitted as a right immediately behind the boathouse, on land. The purpose of the restriction of uses in the first floor of a boathouse was to eliminate habitable space. He felt the proposed 50 square foot sauna in the boathouse would not likely be converted to habitable space. Mr. Pink reviewed zoning by-law provisions for cupolas for Committee. Mr. Snyder indicated the intent of including the sauna inside the boathouse was to reduce density along the shoreline. Mr. Snyder stated Official Plan policies and zoning by-law provisions are supportive of the consolidation of uses. He noted the sauna would be located in Committee of Adjustment February 13, 2014 Page 6 of 11

18 Committee of Adjustment February 13, 2014 Page 7 of 11 a portion of the proposed boathouse that would be located on land. Committee held a brief discussion and felt a sauna was not an appropriate use to be included inside the proposed boathouse. Resolution Number CA-05-13/02/2014 Member Benson Member Robinson: Be it resolved that Application A- 75/13, (Matthews), to permit the re-construction of docks and a boathouse with the following variances being granted: i) The proposed dock is to be 8.5 feet from the projected side lot line. ii) The proposed boathouse is to be 11 feet from the projected side lot line. iii) The proposed boathouse is to be 44 feet in width. These variances are granted with the following condition: i) That the lands be made subject to site plan control to address Dark Sky Lighting on the proposed one storey boathouse and a satisfactory Site Plan Agreement be registered on title. These variances are granted as shown on the plan attached to the Notice of Decision. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted by allowing a sauna in the boathouse, it would have a cumulative impact and a sauna does not comply with the specific requirements of the zoning by-law. c. A-03/14, Ormiston, Part of Lot 33, Concession 13, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 14 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Colin Darling, Agent, 1289 Albertus Ave., Peterborough, ON, K9J 6A4, attended Committee of Adjustment February 13, 2014 Page 7 of 11

19 Committee of Adjustment February 13, 2014 Page 8 of 11 the meeting. Mr. Darling circulated photographs, copies of which are attached. Mr. Darling provided a review of the history of the property and the proposed development. Mr. Darling felt there was significant tree coverage and vegetation and requested site plan approval not be included as a condition of approval. Committee had no questions and held a brief discussion concluding that plantings and site plan approval were warranted. Resolution Number CA-06-13/02/2014 Member Murphy Member Robinson: Be it resolved that Application A- 03/14, (Ormiston), to permit the construction of an addition (screened porch) to an existing dwelling 25.5 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following condition: i) That a Site Plan Agreement be entered into, along with securities, with respect to the re-naturalization of the front yard directly in front of the dwelling. This Agreement is to be registered on title. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted plantings will be obtained in order to revegetate the shoreline, the location of the encroachment of the proposed addition will be in line with the fireplace/chimney, there will be no tree removal as the proposed addition is to be located on an existing patio and the neighbours did not indicate any concerns. d. A-04/14, Stone, Part of Lot 21, Concession 9, Parts 1-6 on Plan 35R-17567, (Medora), Roll # displayed a pictorial summary of the application, a copy of which is attached. Notice of the Hearing was circulated 14 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. ii) Letter of support from Yoursy Bissada. Mr. Noble read the letter, a copy of which is attached. Committee of Adjustment February 13, 2014 Page 8 of 11

20 Committee of Adjustment February 13, 2014 Page 9 of 11 Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated the contractors retained to repair the boathouse, Mr. Brian Hoar and Mr. Josh Pearcey of Brian Hoar Inc., were also present. Ms. Ghikadis explained a Building Permit for the boathouse and docks had been obtained, however, it had never been finalized. Mr. Brian Hoar was retained by the applicants to repair the leaking boathouse. Mr. Hoar worked with the Building Department and when an inspection was conducted it was discovered the docks had been built larger than the Building Permit had been issued for. Ms. Ghikadis requested Committee to permit the docks to remain and reviewed the four tests of a minor variance. Mr. Brian Hoar, Agent, 203 Covered Bridge Trail, Bracebridge, ON, P1L 1Y3, attended the meeting. Mr. Hoar explained he had been retained to repair the damaged boathouse. He discovered the boathouse had been poorly built. Mr. Hoar indicated he had contacted the Building Department and found an inspection of the boathouse had identified deficiencies. An engineer examined the boathouse and condemned it. The boathouse was then demolished. He noted the owner has been working to rectify the issues. In response to Committee s question, Mr. Pink indicated a Building Permit had been issued for the dock width to be 50 feet, however, it was built 62 feet wide. 10. Correspondence 11. Unfinished Business Resolution Number CA-07-13/02/2014 Member Murphy Member Robinson: Be it resolved that Application A- 04/14, (Stone), to permit the reconstruction of docks in which the total cumulative width of docks is to be 63 feet, as shown on the plan attached to the Notice of Decision, is hereby approved. MOTION DEFEATED. REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, is not suitable development, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan. The Committee noted the original building permit was disregarded, the structure dominates the built form on the shoreline, the cumulative impact where building permits are disregarded would create issues. a. B/89/90/13/ML, Port of Call Inc., Part of Lot 29, Concession 3, (Port Carling), Roll # (This application was adjourned at the hearing held on September 12, 2013.) Mr. Pink explained the history, nature and location of the application/property. Committee of Adjustment February 13, 2014 Page 9 of 11

21 Committee of Adjustment February 13, 2014 Page 10 of 11 Terry Ledger, 167 Medora Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger indicated she was available to answer questions. Committee had no questions. Resolution Number: CA-08-13/02/2014 Member Murphy Member Benson: Be it resolved that Consent be granted for Applications B/89/90/13/ML, (Port of Call Inc.) provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lots including all required rights-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. The width of the lot additions being added to 163 and 167 Medora Street result in a 66 foot right-of-way for the full length between each expanded parcel. 3. That a legal undertaking be submitted in order to confirm that the severed lots will merge in title to the lots they are being added to upon registration of the transfers/deed. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). b. Reimbursement of Survey and Legal Costs, Transfer of Road, B/32/13/ML, Wallace, Part of Lots 17 and 18, Concession 7, (Medora), Roll # Mr. Pink explained the history, nature and location of the application/property. Committee held a brief discussion and agreed to reimburse the applicant $1, for survey and legal fees associated with the lands the Township acquired as a result of the severance application and road encroachment. Committee of Adjustment February 13, 2014 Page 10 of 11

22 12. Information Items Committee of Adjustment February 13, 2014 Page 11 of 11 a. Appeal to the Ontario Municipal Board, A-65/13, Meredith, Part of Lot 3, Concession B, Tobin's Island, Lake Rosseau, (Medora), Mr. Pink reviewed the application. In response to Committee s question, Mr. Pink reviewed the reasons given by Committee for defeat. b. Appeal to the Ontario Municipal Board, A-67/13, Leenaars, Part of Lot 30, Concession 3, Part Lot 72 and Lot 74, Part of Block G and I, Plan M-373, Parts 8 and 18, Plan BR-1276, Part 2, Plan BR-1629, (Port Carling), Mr. Pink reviewed the application. Committee held a brief discussion regarding the original Hearing. c. Appeal to the Ontario Municipal Board Update, A-41/13, Ontario Ltd., Part of Lot 8, Concession 8, (Medora), Mr. Pink reviewed the application and noted the appeal had been withdrawn. 13. New Business 14. Statistics 15. Committee in Closed Session 16. Adjournment a. Resolution Number: CA-10-13/02/2014 Member Murphy Member Robinson: Be it resolved that the meeting adjourn at 12:11 p.m. Allen Edwards, Chair Andrea Glazier, Acting Secretary-Treasurer Committee of Adjustment February 13, 2014 Page 11 of 11

23 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Thursday, March 13 th, 2014, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson B. Noble - Development Planner Alice Murphy Acting Chair D. Pink - Director of Planning Carol Anne Robinson A. Glazier - Committee of Adjustment Coordinator Jean-Ann Baranik /Acting Secretary-Treasurer L. Forbes - Planning Assistant 1. Meeting Called to Order a. Acting Chair Murphy called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: CA-01-13/03/2014 Member Robinson Member Benson: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 13, 2014, be adopted. 3. Declaration of Conflict of Interest 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of Adjustment Meeting Minutes held on February 13, Delegations Resolution Number: CA-02-13/03/2014 Member Benson Member Robinson: Be it resolved that the minutes dated February 13, 2014, be adopted and approved as circulated. Committee of Adjustment March 13, 2014 Page 1 of 11

24 Committee of Adjustment March 13, 2014 Page 2 of Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 7. Hearing of Consent Applications and Minor Variance Applications 8. Hearing of Consent Applications a. B/03/14/ML, Bradley, Part of Lots 19 and 20, Concession D, Part 1 on Plan 35R , (Medora), Roll # B/04/14/ML, Rabie, Part of Lots 19 and 20, Concession C, Parts 11 and 12 on Plan 35R-15354, Parts 5 & 6 on Plan BR-1147, Parts 1, 2, 3 and 6 on Plan 35R-15801, Part of Lot 19, Concession C, Part 6 on Plan BR-1147, (Medora), Roll # Mr. Noble explained the history, nature and location of the applications/properties and displayed a graphic summary of the applications, a copy of which is attached. Notice of the Hearing was circulated 17 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Noble read the letter, a copy of which is attached. Mr. John Hiley, Agent, Coote Hiley and Jemmett Limited, 127 Keith Road, Bracebridge, ON P1L 0A1 attended the meeting. Mr. Hiley indicated he was available to answer questions. In response to Committee s questions, Mr. Pink indicated that in the event Council did not approve the Road Allowance closing, the recommended conditions would require a by-law amendment to deem both lots as one. Rezoning of the severed lands in Application B/04/14/ML would prevent two tiered development. The severed lands in Application B/03/14/ML are recommended to be rezoned to ensure consistent zoning with the benefitting lands. In response to Committee s question, Mr. Hiley indicated he was unsure if the gas station on the Rabie property was functional or merely a decorative/display feature. Staff indicated a gas station would not be a permitted use under the zoning by-law. Resolution Number: CA-03-13/03/2014 Member Robinson Member Benson: Be it resolved that Consent be granted for Application B/03/14/ML, (Bradley), provided the following conditions are fulfilled: Committee of Adjustment March 13, 2014 Page 2 of 11

25 Committee of Adjustment March 13, 2014 Page 3 of A registerable description (deed) of severed lot and any required rights-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and abutting lot (resultant lot) is satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That a legal undertaking be submitted in order to confirm that the severed lot will merge in title to the lots they are being added to upon registration of the transfers/deed, or that a zoning by-law amendment be passed that recognizes the two parcels as one lot for planning purposes. 4. That the Township owned road allowance which separates the Bradley severed lot and the Rabie benefitting lot be closed and conveyed to result in one contiguous parcel or alternatively, that a zoning by-law amendment be passed that recognizes the two parcels as one lot for planning purposes. 5. That a zoning by-law amendment be passed that rezones the severed lot from Waterfront Residential (WR2) to Waterfront Residential (WR6). REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Resolution Number: CA-04-13/03/2014 Member Benson Member Robinson: Be it resolved that Consent be granted for Application B/04/14/ML, (Rabie), provided the following conditions are fulfilled: 1. A registerable description (deed) of severed lot and any required rights-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and Committee of Adjustment March 13, 2014 Page 3 of 11

26 Committee of Adjustment March 13, 2014 Page 4 of 11 abutting lot (resultant lot) is satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That a legal undertaking be submitted in order to confirm that the severed lot will merge in title to the lots they are being added to upon registration of the transfers/deed. 4. That a zoning by-law amendment be passed that rezones the severed lot from Waterfront Residential (WR6) to Open Space (OS2). REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). 9. Hearing of Minor Variance Applications a. A-01/14, Jacobs, Part of Lot 34, Concession 2, Parts 1-3, Plan 35R-7568, (Watt), Notice of the Hearing was circulated 13 days prior. i) Letter of no comment from the District Municipality of Muskoka, Engineering and Public Works Department. Mr. Noble reviewed the letter, a copy of which is attached. Mr. Wayne Jacobs, Applicant, 22 Grey Road, North York, ON, M5M 4E2, attended the meeting. Mr. Jacobs indicated he replaced a deck that was constructed 20 feet from the High Water Mark. In response to Committee s question, Mr. Pink indicated plantings and areas for Committee of Adjustment March 13, 2014 Page 4 of 11