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

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Friday, January 18 th, 2013, at 1:30 p.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson D. Pink - Interim Director of Planning Brad Burgess M. Ellis - Planner Allen Edwards Chair A. Glazier - Committee of Adjustment Coordinator Alice Murphy - Vice /Acting Secretary-Treasurer Carol-Anne Robinson L. Forbes - Planning Assistant 1. Meeting Called to Order a. Chair Edwards called the meeting to order at 1:30 p.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: CA-01-18/01/2013 Member Burgess Member Murphy: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 18, 2013, be adopted as amended to included item 14.a., New Business, 2013 OACA Conference. 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 7, Delegations Resolution Number: CA-02-18/01/2013 Member Murphy Member Burgess: Be it resolved that the minutes dated December 7, 2012, be adopted and approved as circulated. a. Mr. Nick Roche, Agent, attended at 3:15 p.m., Re: item 12.a., Unfinished Business (Hamlin)

2 Minutes Committee of Adjustment January 18, 2013 Page 2 of 19 b. Mr. Bob Thaler, Agent, Mr. Tony Lash and other interested parties attended at 3:30 p.m., Re: item 12.b., Unfinished Business, (English and Lash Point Association Corp.) c. Ms. Angela Ghikadis, Agent, and Mr. Brian Pharoah, Agent, attended at 3:45 p.m., Re: item 12.c., Unfinished Business, (PJD Properties Inc.) 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. B/47/12/ML, Duke, Eagle Island, Lake Joseph, (Medora), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 30 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. Mr. Greg Corbett, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett reviewed applicable Official Plan Policies and requested to retain the existing structures on the island. Some of the structures have been in existance for 100 years and have historic value. Mr. Corbett noted the division of the property is for estate purposes. In response to Committee s question, Mr. Pink indicated one of the conditions of Consent is that the applicants would enter into a Consent Agreement that would be registered on title to ensure they would not use public parking or docking as a permanent means of access to the property. Resolution Number: CA-03-18/01/2013 Member Burgess Member Murphy: Be it resolved that Consent be granted for Application B/47/12/ML, (Duke), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the subject lands be brought into conformity with the Zoning Bylaw by means of an exemption for lot area and lot frontage on the severed and retained lots. 3. That the tennis court located on the severed and retained lots be brought into conformity with the Zoning By-law by being removed or

3 Minutes Committee of Adjustment January 18, 2013 Page 3 of 19 relocated entirely on either the severed or retained lot to result in a side yard setback requirement of 15 feet. 4. The applicant enters into a Consent Agreement with the Township pursuant to Section 51(26) of the Planning Act wherein the applicant agrees not to utilize public parking and docking facilities as the principal means of access to the subject property. This agreement is to be registered on title. 5. 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. 6. That mainland access for the newly created lot be confirmed. REASONS: This application will conform 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. 7. Hearing of Consent Applications (In Conjunction with Minor Variance Applications) 8. Hearing of Minor Variance Applications (In Conjunction with Consent Applications) 9. Hearing of Consent Applications a. B/48/12/ML, Del Mar West LLC, Part of Delmar Island, Lake Muskoka, Parts 1 and 2 on Plan 35R-21446, (Monck), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 30 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. Mr. Greg Corbett, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L

4 Minutes Committee of Adjustment January 18, 2013 Page 4 of 19 1Z8, attended the meeting. Mr. Corbett explained the purpose of the application is to result in the benefitting lot containing the entire point of land in order to ensure privacy if the applicant wishes to sell the property in the future. Mr. Corbett indicated he was available to answer questions. Committee had no questions. Resolution Number: CA-04-18/01/2013 Member Murphy Member Burgess: Be it resolved that that Consent be granted for Application B/48/12/ML, (Del Mar West LLC), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the retained 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 lot it is being added to upon registration of the transfer/deed. 4. That By-law be repealed. 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).

5 Minutes Committee of Adjustment January 18, 2013 Page 5 of 19 b. B/49/12/ML, Hanson, Part of Lot 27, Concession 5, Parts 7, 9, 10, 11, and 13 on Plan 35R-23401, Part 2 on Plan 35R-17366, Part 2 on Plan 35R-7088, (Watt), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 30 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached. In response to Committee s question, Mr. Pink indicated a right-of-way can be extinguished as a private matter between the parties. Resolution Number: CA-05-18/01/2013 Member Burgess Member Murphy: Be it resolved Consent be granted for Application B/49/12/ML, (Hanson), provided the following conditions are fulfilled: 1. A registerable description (deed) of the right-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the portions of the existing right-of-way that will no longer be travelled be extinguished. 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).

6 Minutes Committee of Adjustment January 18, 2013 Page 6 of Hearing of Minor Variance Applications a. A-78/12, Beaux Properties International Inc., Part of Lot 34, Concession 14, Parts 1 and 2 on Plan 35R-13791, (Watt), Roll # s & Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 11 days prior. i) Mr. Ellis indicated letters of support from neighbours were received, copies of which are attached. Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis circulated photos, copies of which are attached. Ms. Ghikadis indicated the request is to permit an additional 250 square feet of covered area. Ms. Ghikadis reviewed the four tests of a minor variance. Committee held a lengthy discussion on the increased boathouse width and size and the proposed improvements to the lot. Resolution Number CA-06-18/01/2013 Member Murphy Member Burgess: Be it resolved that Application A- 78/12, (Beaux Properties International Inc.), to permit the construction of a second storey on a boathouse in which its size will be 814 square feet (a sleeping cabin of 650 square feet and a covered area of 164 square feet) on a lot with 335 feet of frontage and to permit the second storey to be 53 feet in width, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions: i) That the lands be made subject to Enhanced Site Plan Control to address Dark Sky Lighting on the proposed boathouse and a satisfactory Site Plan Agreement be registered on title. ii) iii) iv) That one of the dwellings is demolished to result in one dwelling on the lot and the existing sleeping cabin be removed or converted to storage to result in one sleeping on the lot. That the northerly most dock be demolished and the southerly most dock be reduced to 15 feet in width to result in a cumulative width of 75 feet for the existing and proposed docks. That an Agreement be registered on title that the covered area cannot be enclosed.

7 Minutes Committee of Adjustment January 18, 2013 Page 7 of 19 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 a reduction of buildings, a dock is being removed, site plan control will be obtained and the neighbours did not indicate any concerns. b. A-79/12, Koppelaar, Part of Lot 18, Concession F, Part 1 on Plan 35R-16571, (Medora), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 14 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. Mr. Ellis circulated photographs of the property submitted with the application, copies of which are attached. Mr. Walter Koppelaar, Applicant, 226 North Shore Blvd. E., Burlington, ON, L7T 1W4, attended the meeting. Mr. Koppelaar explained they removed paving from the driveway and it is now constructed of crushed stone. He indicated they have also planted trees and other plants, all in an effort to re-naturalize the property. Committee had no questions. Resolution Number CA-07-18/01/2013 Member Burgess Member Murphy: Be it resolved that Application A- 79/12, (Koppelaar), to permit a recently reconstructed sundeck to be enlarged and located 27 feet from the high water mark and to permit a new sundeck in front of an existing dwelling 25 feet from the high water mark, 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 decks will be buffered, the hard surfaced driveway has been replaced with a smaller gravelled driveway, the property is

8 Minutes Committee of Adjustment January 18, 2013 Page 8 of 19 being improved with additional trees and the neighbours did not have any concerns. c. A-80/12, Hanley, Part of Lot 33, Concession 13, (Medora), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 14 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. ii) Letter of support from Cory Goldberg. Mr. Ellis read the letter, a copy of which is attached. Ms. Marie Poirier, Agent, Highway 60, Dwight, ON, P0A 1H0, attended the meeting. Ms. Poirier circulated photographs, copies of which are attached. Ms. Poirier indicated the dwelling needs to be replaced. Ms. Poirier explained the stairs and remnants of the sleeping cabin would be removed and the area would be revegetated. She indicated they were reducing the number of structures and enhancing the lands with vegetation. Ms. Poirier reviewed the four tests of a minor variance. Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V4, attended the meeting. Mr. Roche indicated he represented Mr. Robert Trull, the property owners to the east of the subject property. He indicated Mr. Trull and Ms. Jennifer Lister s primary objection is the additional width of the boathouse and dock, as it results in privacy concerns. Mr. Roche indicated they felt there was no justification for the additional width or lot coverage. No one attended in support of the application. Ms. Poirier indicated she felt the dock improves the visual esthetics of the property. She noted the additional dock width is required for accessibility. In response to Committee s questions, Ms. Poirier indicated they would remove the stairs and only use the inclinator for access to the shoreline. She also clarified the dock size for Committee. Resolution Number CA-08-18/01/2013 Member Murphy Member Burgess: Be it resolved that Application A- 80/12, (Hanley), to permit the reconstruction of a dwelling and a boathouse which will result in a lot coverage of 11% or 3,851 square feet in the lot area within 200 feet from the high water mark and to permit the cumulative width of docks to be 46.5 feet, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following condition:

9 Minutes Committee of Adjustment January 18, 2013 Page 9 of 19 i) That the lands be made subject to Enhanced Site Plan Control to address Dark Sky Lighting on the proposed boathouse/dock and a satisfactory Site Plan Agreement 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 the visual impact of the proposed development will be minimal, the proposed dwelling is more than 100 feet from the lake, the existing stairs and landings are to be removed which is an improvement, additional vegetation is to be planted and the additional dock width is to accommodate wheel chair accessibility. d. A-81/12, Norton, Part of Mazengah Island, Lake Rosseau, Part 1 on Plan 35R , Part 1 on Plan 35R-21948, (Medora), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 11 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated she represented the Norton family. She circulated photographs of the subject property, copies of which are attached. Ms. Ghikadis indicated a surveyor confirmed the projected lot line. She explained the location for the boathouse was chosen to achieve sufficient water depth. The request for a variance is due to the angle of the proposed boathouse. Ms. Ghikadis reviewed the four tests of a minor variance. In response to Committee s question, Mr. Ellis clarified the location of the overhang on the second storey of the boathouse that is to be removed. Resolution Number CA-09-18/01/2013 Member Burgess Member Murphy: Be it resolved that Application A- 81/12, (Norton), to permit the construction of a covered area on the second floor of an existing boathouse to be 30 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions:

10 Minutes Committee of Adjustment January 18, 2013 Page 10 of 19 i) That the existing overhang on the easterly side of the second storey of the boathouse be removed. ii) That Site Plan Agreement SPA-18/98 be amended to implement Dark Sky Lighting on the boathouse. This amended Site Plan Agreement shall 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 there will be minimal impact, the property is well vegetated, only a portion of the covered area encroaches, the covered area does not increase width, there is no change in use and the neighbours did not indicate any concerns. e. A-82/12, Van Doormaal, Part of Lot 19, Concession B, Part 1 on Plan 35R-7760, (Medora), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 14 days prior. i) Letter of no objection from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis reviewed the letter, a copy of which is attached. ii) Letter of support from Lyell & Janet Shaver, and Steve & Ellen Racey. Mr. Ellis reviewed the letter, a copy of which is attached. Mr. Jeff Van Doormaal, Applicant, 3452 Grayshott Drive, RR #3, Orillia, ON, L3V 6H3, attended the meeting. Mr. Van Doormaal indicated they purchased the property in November. The existing sundeck was in need of repairs, so they decided to build a gazebo. Mr. Van Doormaal indicated the request is a nine foot variance. In response to Committee s question, Mr. Ellis indicated the lot coverage within the first 200 feet of the High Water Mark is approximately 8.75%. Resolution Number CA-10-18/01/2013 Member Robinson Member Benson: Be it resolved that Application A- 82/12, (Van Doormaal), to permit the construction of a gazebo six feet

11 Minutes Committee of Adjustment January 18, 2013 Page 11 of 19 from the side lot line, 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 that an existing deck (which has existed for 20 years) is being replaced with a gazebo, the property is well vegetated and the neighbours indicated they were in support of this application. f. A-83/12, Starkman, Part of Lot 25, Concession 6, Parts 1, 2 & 4 on Plan 35R-8537, (Watt), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 11 days prior. i) Letter of objection from Bruce & Donna Gardner. Mr. Ellis read the letter, a copy of which is attached. ii) Letter of objection from Greg Edwards. Mr. Ellis read the letter, a copy of which is attached. Mr. Bob List, Agent, List Planning Ltd., 103 Southbank Drive, Bracebridge, ON, P1L 1G3, attended the meeting. Mr. List indicated the applicant, Maria Starkman and the contractor, Tony Robinson were also present. Mr. List circulated photos and a revised site plan D, copies of which are attached. He explained that Mr. Robinson spoke with the neighbours and tried to address their objections. Mr. List circulated optional site plan A, a copy of which is attached. He noted plan A would comply with the zoning by-law and reviewed the applicable by-law provisions. Mr. List indicated the maximum permitted lot coverage for this property is 10.45% as a result of a previously approved minor variance. He explained Official Plan Policy Section B.9.6 does not require an Official Plan Amendment for a variation not exceeding 1/10 of the permitted coverage. That would allow more coverage than what is currently proposed without an Official Plan Amendment. Mr. List reviewed and compared plans A and D and circulated a document titled Reasons in Support of Approval, a copy of which is attached. Mr. List reviewed the four tests of a minor variance. Mr. Greg Edwards, 1843 Brackenrig Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Edwards indicated other neighbours were also present. Mr. Edwards stated the neighbours preferred plan D over plan A. No one attended in support of the application.

12 Minutes Committee of Adjustment January 18, 2013 Page 12 of 19 In response to Committee s questions, Mr. List indicated he was questioning the wording in the Official Plan. Mr. List felt the wording in Section B.9.6., should be maximum coverage, not permitted coverage. Mr. Tony Robinson, Agent, Box 111, Windermere, ON, P0B 1P0, attended the meeting. In response to Committee s question, Mr. Robinson confirmed the height of the dwelling is 34 feet. Committee held a lengthy discussion and agreed to take a break to allow Mr. List to confer with his client. Mr. List circulated site plan E, a copy of which is attached. He noted plan E results in 11% lot coverage. The width of the boathouse has been reduced and is three feet from the shore. Resolution Number CA-11-18/01/2013 Member Benson Member Robinson: Be it resolved that Application A- 83/12, (Starkman), to permit the construction of a new boathouse which will result in a lot coverage of 1,439 square feet or 11%, to permit a boathouse/dock (access ramp) to extend 17 feet from the shore and to permit an existing sundeck, (which was reconstructed in 2011), to be 24 feet from the high water mark, as shown on the plan E attached to the Notice of Decision, whereby the boathouse is located approximatley 3 feet from shore, is hereby approved, subject to the following conditions: i) That the lands be made subject to site plan control to address dark sky lighting and re-vegetation of the shoreline buffer. 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 the proposed boathouse has been reduced in size and therefore the proposed lot coverage has been reduced to 11%, revegetation will be obtained, there is minimal perceptive difference regarding the deck and concerns of the neighbours have been addressed. g. A-84/12, Comish, Part of Lot 24, Concession 3, Part of Lot 17 on Plan M-298, Part 1 on Plan BR-1307, (Wood), Roll # Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 14 days prior. No submissions were received.

13 Minutes Committee of Adjustment January 18, 2013 Page 13 of 19 Don Comish, Agent, 32 Snowshoe Millway, Toronto, ON, M2L 1T5, attended the meeting. Mr. Comish indicated he was representing the owner, his son Michael. Mr. Comish indicated he owns the property located to the west of the subject property. In response to Committee s question, Mr. Pink confirmed which frontage is the front lot line according to the zoning by-law. 11. Correspondence Resolution Number CA-12-18/01/2013 Member Robinson Member Benson: Be it resolved that Application A- 84/12, (Comish), to permit the reconstruction of a guesthouse and an addition (link) in order to join the reconstructed guesthouse and existing dwelling which will be 22 feet (at the closest point) from the high water mark and to permit a recently reconstructed sundeck to be expanded which will be located 32 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. 12. Unfinished Business 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 no tree removal, the property is well treed, the topography of the property is a challenge, there will be no excavation, the existing two dwellings on the property will become one and the neighbours did not indicate any concerns. a. B/46/12/ML, Hamlin, Part of Governor s Island, Lake Joseph, (Medora), Roll # (This application was adjourned at the December 7, 2012 meeting.) Mr. Ellis explained the history, nature and location of the application/property. Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V4, attended the meeting. Mr. Roche, indicated the Water Quality Impact Assessment was completed and peer reviewed. Mr. Roche indicated he was available to answer questions. Committee had no questions.

14 Minutes Committee of Adjustment January 18, 2013 Page 14 of 19 Resolution Number: CA-13-18/01/2013 Member Benson Member Robinson: Be it resolved that Consent be granted for Application B/46/12/ML, (Hamlin), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the subject lands be brought into conformity by means of an exemption for lot area and lot frontage on the severed and retained lots. 3. That an exemption to the Zoning By-law be obtained to restrict the locations of buildings and structures, including shoreline structures, as per the requirements of the Water Quality Impact Assessment (WQIA). 4. The applicant enters into a Consent Agreement with the Township pursuant to Section 51(26) of the Planning Act wherein the applicant agrees not to utilize public parking and docking facilities as the principal means of access to the subject property. The Agreement shall also implement the requirements of the Water Quality Impact Assessment (WQIA). This agreement is to be registered on title. 5. 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. 6. 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. 7. That mainland access for the newly created lot be confirmed. 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).

15 Minutes Committee of Adjustment January 18, 2013 Page 15 of 19 b. B/20-25/12/ML, Carl Mervin English, Lash Point Association Corp., Part of Lots 30 and 31, Concessions 11 and 12, (Medora), Roll # s , , , (This application was adjourned at the July 27, 2012 meeting.) Mr. Ellis explained the history, nature and location of the application/property. i) Report from Building Inspector, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached. Mr. Bob Thaler, Agent, 8A Ontario St., Bracebridge, ON P1L 2A7, attended the meeting. Mr. Thaler indicated Yvon Gravel of C.C. Tathum & Associates, Gord Nielsen of Michalski Nielsen Associates Ltd., and the applicants were also present. Mr. Thaler indicated they were available to answer questions. Committee had no questions. Resolution Number: CA-14-18/01/2013 Member Robinson Member Benson: Be it resolved that Consent be granted for Application B/20/21/22/12/ML, (English) provided the following condition is fulfilled: 1. A registerable description (deed) of the right-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act to implement requirements of the Preliminary Design Brief, prepared by C.C. Tatham and Associates Limited and the Environmental Impact Study completed by Michalski Nielsen and Associates Limited. This agreement is to be registered on title. 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).

16 Minutes Committee of Adjustment January 18, 2013 Page 16 of 19 Resolution Number: CA-15-18/01/2013 Member Robinson Member Benson: Be it resolved that Consent be granted for Application B/23/24/12/ML, (Lash Point Association Corp.) provided the following condition is fulfilled: 1. A registerable description (deed) of the right-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act to implement requirements of the Preliminary Design Brief, prepared by C.C. Tatham and Associates Limited and the Environmental Impact Study completed by Michalski Nielsen and Associates Limited. This agreement is to be registered on title. 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-16-18/01/2013 Member Benson Member Robinson: Be it resolved that Consent be granted for Application B/25/12/ML, (Lash Point Association Corp.) provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot (along with any required right-of-way) be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That an exemption to the Zoning By-law be obtained to restrict the location of a Dwelling on the severed lot, as per the requirements of the Site Evaluation Report completed by C.C. Tatham and Associates Limited. 3. That the applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act to implement requirements of the Preliminary Design Brief, prepared by C.C. Tatham and Associates Limited and the Environmental Impact Study

17 Minutes Committee of Adjustment January 18, 2013 Page 17 of 19 completed by Michalski Nielsen and Associates Limited. agreement is to be registered on title. This 4. 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. 5. That the severed lot be made subject to site plan control. 6. That a maintenance inspection of the various components of the sewage systems be carried out to determine that the system(s) are in compliance with the Ontario Building Code. 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. c. A-74/12 P.J.D. Properties Inc., Part of Lot 31, Concession 3, Part 1, Plan 35R , (Watt), Roll # (This application was adjourned at the December 7, 2012 meeting.) Mr. Ellis explained the history, nature and location of the application/property. Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated the designer, Mr. Pharaoh, was also present. Ms. Ghikadis indicated the revised design removes atic space with a sub-floor to result in an area open to the dock level below. Ms. Ghikadis circulated an air photograph, a copy of which is attached. Ms. Ghikadis indicated there would be no impact to navigation and the request for a variance is due to an indentation in the shoreline. In response to Committee s questions, Ms. Ghikadis reviewed the changes between the new design and the previous design. Resolution Number CA-17-18/01/2013 Member Robinson Member Benson: Be it resolved that Application A-74/12, (P.J.D. Properties Inc.), to permit the construction of a new dwelling, two storey boathouse and garage is hereby approved with the following variances: i) To permit a lot coverage of 10.9% or 5,863 square feet on the entire lot (and the lot area within 200 feet of the high water mark);

18 Minutes Committee of Adjustment January 18, 2013 Page 18 of 19 ii) To permit a 650 square foot sleeping cabin on the second floor of a boathouse and a 231 square foot covered area on a lot that has 392 feet of by-law frontage; iii) To permit the second storey of a boathouse to extend 48 feet from the high water mark. These variances are as shown on the plan attached to the Notice of Decision. These variances are granted subject to the following conditions: i) That the lands be made subject to Enhanced Site Plan Control to address Dark Sky Lighting on the proposed boathouse/dock and a satisfactory Site Plan Agreement be registered on title. ii) That the width of the existing dock be reduced to 10 feet six inches. iii) That a Site Plan Agreement be entered into, along with securities, with respect to re-naturalization of the shoreline. 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 boathouse will not be visible to the neighbours, there is no hazard for navigation and the neighbours did not indicate any concerns. d. B/05/11/ML, BMO Trust Company/ Gedge, Part of Lot 7, Concession Lot 87 on Plan 28, Part of Tobin s Island, Lake Rosseau, (Medora), Roll # Mr. Pink explained the history, nature and location of the application/property and the proposed change to the severed lot. Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis further reviewed the changes for Committee. Committee concurred with the change to reduce the area of the severed lot. 13. Information Items a. Appointment to Committee of Adjustment Mr. Pink indicated that Member Burgess would be replaced by Councillor Jean-Ann Baranik as per a resolution from the Committee of the Whole meeting held on January 15, 2013.

19 Minutes Committee of Adjustment January 18, 2013 Page 19 of 19 b. A discussion to be held Re: Change of meeting schedule Mr. Pink indicated that Council has approved a change to the meeting schedule with amendments to the procedural by-laws to be considered at the next Council meeting. Committee of Adjustment will now meet on Thursdays at 10 a.m. In response to Committee s question, Mr. Pink indicated the usual number of applications per meeting is ten. He explained that due to legislated timing requirements there may be a need to increase the number of applications to be heard by Committee in the future. Committee held a brief discussion and felt they would prefer the meetings begin at 9:00 a.m. instead of 10:00 a.m. Member Robinson and Chair Edwards indicated they would not be able to attend the meeting scheduled for April 11, New Business a. A discussion to be held Re: 2013 OACA Conference Mr. Pink indicated Richmond Hill would be hosting the 2013 Conference. Ms. Glazier noted if they booked early they would get a discount. 15. Statistics 16. Committee in Closed Session 17. Adjournment a. Resolution Number: CA-18-18/01/2013 Member Benson Member Robinson: Be it resolved that the meeting adjourn at 4:38 p.m. Allen Edwards, Chair Andrea Glazier, Acting Secretary-Treasurer

20 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Friday, February 8 th, 2013, at 1:30 p.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson D. Pink - Director of Planning Jean-Ann Baranik M. Ellis - Planner Allen Edwards Chair A. Glazier - Committee of Adjustment Coordinator Alice Murphy - Vice /Acting Secretary-Treasurer Carol-Anne Robinson L. Forbes - Planning Assistant 1. Meeting Called to Order a. Chair Edwards called the meeting to order at 1:30 p.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: CA-01-08/02/2013 Member Baranik Member Murphy: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 8, 2013, 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 18, Delegations Resolution Number: CA-02-08/02/2013 Member Baranik Member Murphy: Be it resolved that the minutes dated January 18, 2013, be adopted and approved as circulated. a. Mr. Tom Jones, Agent, did not attend, Mr. Bill Grimmett, Agent, attended, Re: item 14.a., New Business, Amended Decision, B/54/12/ML, Rawson

21 Minutes Committee of Adjustment February 8, 2013 Page 2 of Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. B/50/12/ML, Westover Investments Inc. / Little, Part of Lot 15, Concession 5, Part 1 on Plan RD-821, Parts 1 & 2 on Plan 35R-10144, (Medora), Roll # s & Mr. Ellis explained the history, nature and location of the application/property. He circulated photos that were submitted with the application and by the agent, copies of which are attached. Notice of the Hearing was circulated 14 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached. Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. She indicated Mr. Greg Manion, Agent for the Littles, was also present. Ms. Ghikadis provided a brief review of the purpose of the application and indicated they were agreeable to the repeal of By-law Mr. Greg Manion, Agent, P.O. Box 509, Port Carling, P0B 1J0, attended the meeting. Mr. Manion indicated the Littles plan to maintain the mature trees on the small point of land, which provides privacy. He noted the proposed development would comply with the zoning by-law. In response to Committee s question, Ms. Ghikadis clarified that due to the by-law method of measurement to determine straightline frontage, the mathematical addition of the severed and benefitting frontages differ from the resultant lot frontage due to a change of angle. In response to Committee s question, Mr. Pink indicated a concurrent zoning by-law amendment would be considered by Council to address a number of other matters. Resolution Number: CA-03-08/02/2013 Member Baranik Member Murphy: Be it resolved that Consent be granted for Application B/50/12/ML, (Westover Investments Inc. and Little), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That the subject lands be brought into conformity with the Zoning

22 Minutes Committee of Adjustment February 8, 2013 Page 3 of 16 By-law by means of an exemption to recognize the lot areas and lot frontages of the retained and resultant (severed and abutting/benefitting) lots. 3. That a legal undertaking be submitted in order to confirm that the severed lot will merge in title to the lot it is being added to upon registration of the transfer/deed. 4. That a Building (Demolition) Permit for the removal of the dock and boathouse on the severed lot is issued and this dock and boathouse are removed. 5. 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. 6. That By-law be repealed. 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). 7. Hearing of Consent Applications (In Conjunction with Minor Variance Applications) 8. Hearing of Minor Variance Applications (In Conjunction with Consent Applications) 9. Hearing of Consent Applications a. B/51/52/12/ML, Collombin, Part of Lot 18, Concession 2, Parts 1 to 3 on Plan 35R , Part 1 on Plan 35R-9035, Parts 10, 10A, 11, and part of Part 9 on Plan BR- 249, (Wood), Roll # s & Mr. Ellis explained the history, nature and location of the application/property.

23 Minutes Committee of Adjustment February 8, 2013 Page 4 of 16 Notice of the Hearing was circulated 14 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. Mr. David Berney, Agent, 14 Ontario Street, Bracebridge, ON, P1L 1V4, attended the meeting. Mr. Berney indicated he was available to answer questions. In response to Committee s question, Mr. Berney clarified the intent and reason for the application. The applicants wish to retain the southerly lot that was created by consent and if necessary sell the severed lot. In response to Committee s questions, Mr. Pink explained that because the southerly abutting lot was created by consent, the consent must be broken prior to any lot line adjustments. The end result of the application does not propose any additional lots, the application essentially facilitates a change in lot lines only. Resolution Number: CA-04-08/02/2013 Member Baranik Member Murphy: Be it resolved that Consent be granted for Application B/51/12/ML, (Collombin), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot (along with any required right-of-way) be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 2. That a legal undertaking be submitted in order to confirm that the severed lot will merge in title to the lot it is being added to upon registration of the transfer/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).

24 Minutes Committee of Adjustment February 8, 2013 Page 5 of 16 Resolution Number: CA-05-08/02/2013 Member Baranik Member Murphy: Be it resolved that Consent be granted for Application B/52/12/ML, (Collombin), provided the following conditions are fulfilled: 1. A registerable description (deed) of the severed lot (along with any required right-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. The entire retained lot be made subject to site plan control. 4. That satisfactory comments from the Ministry of Natural Resources (MNR) regarding the protection of potential Species at Risk habitat from development on the severed lot are received. 5. That Consent B/51/12/ML is finalized prior to B/52/12/ML. 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). b. B/39/40/11/ML, Hutcheson Forest Industries Inc. and B/53/12/ML, Frick, Part of Lots 4 & 5, Concession 11, Part of Lot 5, Concession 9, (Cardwell), Roll # s & Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 14 days prior. i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached.