Ms. Gunby read one letter of correspondence by Katherine Kooy, in favour of the application.

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1 TOWNSHIP OF GEORGIAN BAY Minutes of the Committee of Adjustment Monday June 13, :00 am 99 Lone Pine Road, Port Severn Ontario Call to Order 9:05 a.m. Members Present: Chair Wiancko Member Edwards Member Hanson Member Kennedy Member Rivett Member Braid (10:35 a.m.) Declaration of Pecuniary Interest There were no declarations of pecuniary interest. Public Meeting to hear Minor Variance Applications Minor Variance A-11/11 (BEDARD) 8396 Go Home Lake Shore To permit the construction of a sleeping cabin with a front yard setback of 12 metres (39.4 feet), a gross floor area of 41 square metres (442 square feet) and a boathouse with a height of 4.6 metres (15 feet). Planning Department has no concerns as long as a Site Plan Agreement is entered into. Ms. Gunby read one letter of correspondence by Katherine Kooy, in favour of the application. Mike Schultz, agent for the applicant, was present. The applicants plan on increasing the main dwelling in the future which is why the proposed sleeping cabin needs to be located where it is and there is a limited amount of flat space to build on. Chair Wiancko stated there were to be no food preparation facilities in the sleeping cabin, including a microwave. BE IT RESOLVED that Application A-11/11 be approved. Minor Variance A-13/11 (WAGNER)

2 3540 Island 390 To permit the construction of an addition to a non-complying structure with a gross floor area increase of 70% (65 square metres / 706 square feet) and a width increase of 165% (12 metres feet). application was deferred from the last meeting in order to conduct a site visit, which has since been done. The Planning Department has no concerns as long as a Site Plan Agreement is entered into. No correspondence was received for the application. The applicant, Brad Wagner, was present and had nothing to add. Member Rivett stated her concern with the width of the proposed addition. Mr. Weatherell explained the septic was located behind the existing dwelling making building an addition in that location impossible. BE IT RESOLVED that Application A-13/11 be approved Minor Variance A-16/11 (BRADEY) 185 Wild Rice Trail To permit the construction of a detached garage with a gross floor area of 154 square metres (1,658 square feet) and legalize a dock located on the property prior to the construction of the main dwelling. Planning Department has no concerns provided a Site Plan Agreement is entered into and the main dwelling is applied for within three (3) years of the approval of this variance. Ms. Gunby read one letter of correspondence from Diane and Jay Waters, in favour of the application. The applicant, Mr. Bradey, was present and had nothing to add. Member Hanson inquired about sleeping facilities in the garage; Mr. Weatherell stated that wasn t the intention. Chair Wiancko stated he received a personal note from the Six Mile Lake Association with no concerns. BE IT RESOLVED that Application A-16/11 be approved Minor Variance A-17/11 (CADEAU) 500 Kings Farm Road

3 To permit a maximum lot coverage of 14.6% (222 square metres / 2,934 square feet) and a rear yard setback of 6 metres (19.6 feet). Planning Department has no concerns provided a Site Plan Agreement is entered into. The applicant, Ms. Young, was present and stated that since this was their full-time dwelling, they needed more storage. BE IT RESOLVED that Application A-17/11 be approved. Minor Variance A-18/11 (HYDER) 1506 Island 360 To permit the construction of a new dwelling with a front yard set back of 11.3 metres (37 feet). Planning Department has no concerns provided a Site Plan Agreement is entered into. No correspondence was received for the application. The agent, Gerry White, was present. Seconded by Member Edwards BE IT RESOLVED that Application A-18/11 be approved. Minor Variance A-19/11 (WOLF) 2542 Go Home Lake Shore To permit the construction of a new dwelling unit with a side yard setback of 1.2 metres (4 feet). Planning Department has no concerns with the application. The applicant, Mr. Wolf, was present and stated the building would be best suited for this area since anywhere else will result in the heaving of the building with the footings in clay and not rock. Michael Hannigan, abutting neighbour, stated that the measurements supplied by the applicant were incorrect and it s closer than the proposed four (4) feet. He also stated he was concerned with the drainage; that has been an issue in the past causing his property to become extremely damp and swamp-like. Member Rivett suggested a deferral in order for the Committee Members to conduct a site visit; Member Kennedy supported the idea. Member Edwards suggested a survey be submitted in light of the concerns brought forth. Moved by Member Hanson

4 BE IT RESOLVED that Application A-19/11 be deferred. Minor Variance A-20/11 (FRANCOEUR) Georgian Bay Shore To permit maximum lot coverage of 8.6% (2,061 square feet / square metres) to accommodate an addition and two accessory structures. Planning Department has no concerns. Ms. Gunby read two letters in favour of the application from Glenn and Susan Vivian and Kristen and Greg Weatherell. The applicant, Mr. Francoeur, was present and stated he would prefer to build the addition on the other side of the cottage but since snowmobiles use that area to access the lake in the winter, he won t impede their access. Leana Curtis, who lives across the bay, stated her largest concern was septic. George Woodley, owner of Georgian Bay Shore, is also concerned with the septic and states the lot is too small for what they are proposing. John Underhill, of 240 Island 980, had concerns with boat traffic at the property. Sharon Newell, Georgian Bay Shore, is also concerned with septic and the tile bed. Mr. Weatherell stated the septic will be reviewed at the time the permit is applied for; however, Dave Fedoriw, Septic Inspector, was on site during the site inspection and didn t have any concerns at that time. Members Rivett, Edwards and Hanson would like to see a survey showing all structures, existing and proposed. BE IT RESOLVED that Application A-20/11 be deferred. Minor Variance A-21/11 (WALKER) 700 Island 2220 To permit the construction of three additions to a non-complying structure with a total width of 25.9 metres (85 feet) and an area of 129 square metres (1,389 square feet), with a total gross floor area of metres (3,654 square feet). Planning Department recommends deferral to revise the proposal to make it below the maximum size allowed.

5 Ms. Gunby read a letter from the Cognashene Cottager s Association (CCA), not in favour. The applicants, Mr. and Mrs. Walker, were present and stated that while the application was asking for 3,500 square feet gross floor area; they were only looking for 3,300. Ian Davis, from the CCA, was present. Mr. Walker stated his willingness to compromise with the CCA. BE IT RESOLVED that Application A-21/11 be deferred. Minor Variance A-23/11 (CARON) 310 Prisque Road To permit the construction of a dry land boathouse with a maximum height of 4.9 metres (16 feet). Planning Department had originally recommended deferral, but after another site visit had determined this is the best location for the proposal and does now recommend approval. Ms. Gunby read two letters from Sterling Monster and Dave Stephens, not in favour they stated concerns with the use of the building and the fact that a more recent survey was not provided. There were also four letters in favour of the application, from Mike and Lori Caron, Terry Snatinsky, Fred and Helga Krebs and Verdyn Heuer. The application, Mr. Caron, was present. He stated the height was required in order to fit his boat, on a trailer, into it. It will not have any sleeping quarters in it. Member Edwards inquired about the issue of a new survey; Mr. Caron stated he has a recent one completed that he can submit. BE IT RESOLVED that Application A-23/11 be approved. Minor Variance A-43/10 (FIELD) Georgian Bay Shore To permit the construction of a new dwelling with a front yard setback of 2.3 metres (7.5 feet) to an open deck and 3.2 metres (10.5 feet) to the main wall, total gross floor area of 194 square metres (2,094 square feet), and a maximum dwelling width of 16.4 metres (54 feet). application was deferred from March 21 and a site inspection by Committee Members and members of the Cognashene Cottager's Association (CCA) has since been done.

6 Ms. Gunby stated there were eight letters in favour of the application (John Ledger and Allison Patrick, Tony Weldon, Richard Vermeulen, Sue Vale, Michael Field, Peter Firstbrook, Doug Good and Stephen and Christine Waque) and one letter not in support by the CCA. The applicants and Stephen Waque, their agent, were present. Mr. Waque spoke to the Committee. He pointed out that the CCA had previously stated the applicants were new to the area and did not appreciate the community plan, and all the surrounding neighbours were canvassed and none were in support; however, the Fields have been in the area for many years, do appreciate the plan and all eight neighbours who submitted letters in favour stated they were never approached by the CCA. He also stated that even though they would be allowed a sleeping cabin with 603 square feet of gross floor area, they will compromise and cap it at 325 square feet. They will also have only one out building with a maximum size of 160 square feet and a maximum dock surface area of 70 square metres. Ian Davis, representing the CCA, was present and stated he has not had the opportunity to review these compromises in any way, and would still recommend deferral to discuss and review the changes with the Association. Member Kennedy inquired how long this application has been processing; Mr. Weatherell stated it came to its first Committee meeting on February 7, Member Edwards would like the CCA to have the opportunity to review the proposed changes. Member Braid asked Mr. Weatherell to point out on the map where the eight residences were who were in favour; they were pointed out as being immediate neighbours in the bay. Member Hanson inquired about the basement; Mr. Weatherell stated basements were not included in gross floor area. The changes were reflected in the resolution. BE IT RESOLVED that Application A-43/10 be approved Public Meeting to hear Consent Applications Consent B-09/10 (HUNDERUP) Georgian Bay Shore To grant a lot addition to the property to the north. Mr. Weatherell provided additional information regarding the application. He advised the members that this is not a public meeting since it was held on February 7, 2011, and deferred until a site inspection could be completed by the members. Ms. Gunby read two letters of correspondence from Tom Bain and Al Hazelton, not in favour of the application. The District of Muskoka had no concerns.

7 Mr. Weatherell clarified to the Committee that this application was not creating any new lots, it was to grant a lot addition to the abutting property and that the resultant lot will not be able to be severed in the future. Member Rivett stated the site visit was very beneficial. Chair Wiancko inquired about the concerns of the letters submitted; Ms. Gunby stated it was that they were not notified of today s meeting. Both parties had previously submitted their concerns with the application when the public meeting was held on February 7, Since it wasn t to be a public meeting and no part of the request was being changed, notification is not necessary. BE IT RESOLVED that Application B-09/10 be approved. Consent B-13/11 (SMITH) 274 Musky Bay Road To create one (1) new vacant lot. Planning Department suggests deferral to revise the size of the lots. Ms. Gunby read two letters of correspondence. The District of Muskoka is not in favour but they were reviewing the application under different policies; Mr. Weatherell will meet with them in the near future to discuss. Julianna Spiller wrote in saying she had no concerns. The applicants, John and Michael Smith, were present. They would prefer the lots to be of equal size as well. Member Edwards inquired about the report stating new residential lots are encouraged to be 2.5 acres; Mr. Weatherell replied that they are allowed to go down to 1 acre in size. Member Braid would like to see building and septic envelopes on the plan when the application comes back to Committee. BE IT RESOLVED that Application B-13/11 be deferred. Public Meeting to hear Consent Applications concurrent with Rezoning Applications Consent B-11/11 and Zoning By-law Amendment ZBL-01/ Highway 69 To grant a lot addition to the abutting property to the east, and rezone said lot addition to the Residential Mobile Home (RMH) Zone.

8 Planning Department has no concerns. Ms. Gunby read two letters of correspondence; Ministry of Transportation were in favour, as were the District of Muskoka (provided a rezoning would be done). Dave McKay, owner of the adjacent lands. He states the applications are for corrections, there was confusion on who owned what parcels of property. BE IT RESOLVED that Application B-11/11 be approved. Consent B-12/11 and Zoning By-law Amendment ZBL-03/ Georgian Bay Road To create one (1) new lot and have it zoned to reflect the intended use. Mr. Weatherell provided additional information regarding the application. It was deferred from the last meeting (May 2) as there was a legal issue with the right-ofway. Ms. Gunby read a letter from neighbour Paul Elgar, requesting deferral, and a legal opinion from the Township s solicitor stating that the legal issue with the right-of-way does not affect the application before the Committee today. Also, an was read from Mr. Elgar s solicitor stating he may withdraw his objection, but it was sent before Mr. Elgar s letter. Member Hanson stated that while we don t like to see additional lots being created in that area, the approvals have already been given for the construction of the dwelling so he has no issue with the application. BE IT RESOLVED that Application B-12/11 be approved. Approve Minutes of Previous Meeting To approve the minutes of the May 2, 2011, Committee of Adjustment meeting as circulated / amended. BE IT RESOLVED that the minutes of the May 2, 2011, meeting - be approved as circulated. Adjournment

9 BE IT RESOLVED that the Committee of Adjustment now adjourn at 12:23 p.m. until Monday, July 25, 2011, or at the Call of the Chair.