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 Monday, January 21 st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Brian Hare Chair S. Fahner - Secretary-Treasurer Allen Edwards D. Pink - Senior Planner Karen Ellis M. Ellis - Development Planner Susan Pryke A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant 1. Meeting Called to Order Chair Hare called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Resolution Number: CA-01-21/01/2008 Member Mallin Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 11, 2008, be adopted. 3. Declaration of Conflict of Interest None. 4. Adoption of Minutes a. A copy of the Minutes dated December 10, 2007, is attached. Resolution Number: CA-02-21/01/2008 Member Pryke Member Ellis: Be it resolved that the minutes dated December 10, 2007, be adopted and approved as amended. Committee directed staff to include further information within item 8.e. in regards to parking, also Pam Smith should be changed to Pam McDivitt. 5. Delegations a. Ms. Angela Ghikadis, Agent, attended at 11 a.m. re: Item 10.a., Unfinished Business, Hood. b. Ms. Nancy LeBlanc, Agent, and Ms. Jean Polak, Agent, attended at 11:15 a.m., re: Item

2 Minutes Committee of Adjustment January 21, 2008 Page 2 of b., Unfinished Business, Gilbert and Guest. 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 7. Hearing of Consent Applications a. B/86/07/ML, Kirbyson, Part of Lots 34 and 35, Concession 1 (Watt), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached. Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V2, attended the meeting. Mr. Roche indicated the well has been in use for many years. This will provide a legal easement. Resolution Number: CA-03-21/01/2008 Member Mallin Member Pryke: Be it resolved that Consent be granted for Application B/86/07/ML, (Kirbyson), provided the following conditions are fulfilled: 1. A registerable description (deed) of the rights-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 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. b. B/87/88/07/ML, Peat, Part of Lot 58, Concession B (Cardwell), Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis indicated the posting of the property requirements set out in the Planning Act were not met as the sign was not posted at least 14 days prior to the hearing. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy, of which is attached.

3 Minutes Committee of Adjustment January 21, 2008 Page 3 of 11 ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached. Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated the applicant, Mr. Peat and neighbour Mr. Crawford were present. Committee directed this application to be re-circulated, as it was not circulated in accordance with the Planning Act. This could jeopardize any decisions made on this application. A Lot Development Package was made available to the applicants. c. B/89/07/ML, Spence, Part of Lot 5, Concession B, Plan 35R-8392, Tobin s Island, Lake Rosseau (Medora), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached. Committee questioned if this property could be severed again, and if granted, could shoreline development be restricted. Mr. Fahner indicated a further severance applications would be reviewed on their merits when they are received. The lands meet the requirements of the current zoning by-law. Resolution Number: CA-04-21/01/2008 Member Pryke Member Mallin: Be it resolved that Consent be granted for Application B/89/07/ML, (Spence), provided the following condition is 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. 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. d. B/90/07/ML, Wood, Part of Lot 34, Concession 4, Part 1, Plan 35R-4547, Part 3, Plan

4 Minutes Committee of Adjustment January 21, 2008 Page 4 of 11 35R (Cardwell), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached. Committee had no questions. Resolution Number: CA-05-21/01/2008 Member Ellis Member Edwards: Be it resolved that Consent be granted for Application B/90/07/ML, (Wood), provided the following condition is 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. 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. 8. Hearing of Minor Variance Applications a. A-87/07, Tipping, Part of Lot 8, Concession 2, Parts 7, 8, 12 and 17, Plan 35R (Cardwell), Notice of the Hearing was circulated 11 days prior. No submissions were received. Mr. Savas Varadas, Agent, Wayne Simpson and Associates, 11 Centre St., Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Varadas indicated he concurred with staff s report. Mr. Varadas stated the property contains a small inlet where the setback is unable to be met. Committee noted the removal of the deck was an improvement. Resolution Number: CA-06-21/01/2008

5 Minutes Committee of Adjustment January 21, 2008 Page 5 of 11 Member Ellis Member Edwards: Be it resolved that Application A-87/07, Tipping, to permit the reconstruction of a dwelling that is to be 26.5 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted only a portion of the proposed structure encroaches, the setback has been increased as to what was existing and the tree cover is to be maintained. b. A-88/07, Mathers, Part of Lot 34, Concession 2, Parts 1-14, Plan 35R-9926 (Watt), Notice of the Hearing was circulated 11 days prior. No submissions were received. Ms. Linda Mathers, Applicant, RR #1, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Mathers indicated concern of the safety of the current deck, noting the railings do not meet current Building Code. She explained this is an opportunity to reconstruct the deck with added privacy without removing any trees or natural vegetation. Committee had no questions. Resolution Number: CA-07-21/01/2008 Member Ellis Member Edwards: Be it resolved that Application A-88/07, Mathers, to permit the reconstruction and enlargement of an existing deck 40 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted no vegetation is to be removed, the appearance of the deck is not changing from the lake and the building line is being maintained. c. A-89/07, Harding, Part of Lot 33, Concession 14, Parts 5 and 6, Plan 35R (Watt),

6 Minutes Committee of Adjustment January 21, 2008 Page 6 of 11 Notice of the Hearing was circulated 11 days prior. No submissions were received. Mr. John Harding, Applicant, 85 Stibbard Ave., Toronto, ON, M4P 2B9, attended the meeting. Mr. Harding indicated he would be available for questions. Committee questioned if the new boathouse will be constructed on the existing dock footprint. Mr. Harding indicated it would. Committee questioned the use of the government dock in relation to boat traffic. Mr. Harding indicated boat traffic and the use of the dock has decreased since the trailer park is no longer operating. Committee questioned if there is to be dark sky compliant lighting on the boathouse. Mr. Harding indicated he was planning to use dark sky compliant lighting on his boathouse. Mr. Harding indicated he would like to have the lighting at the government dock changed, since it is not dark sky compliant. Committee indicated the lighting at the government dock should be brought up to Council. A Lot Development Package was made available to the applicants. Resolution Number: CA-08-21/01/2008 Member Edwards Member Ellis: Be it resolved that Application A-89/07, Harding, to permit the construction of a two storey boathouse 30 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted the docks are existing, there were no concerns from neighbouring land owners, and the boathouse will not have a greater impact on the government dock in this location versus a location which complies to the by-law. d. A-90/07, Nelson, in Trust, Part of Lot 16, Concession 1, Part 2, Plan 35R (Wood), Roll # Notice of the Hearing was circulated 10 days prior. No Submissions were received. Ms. Angela Ghikadis, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis, distributed photographs, and indicated this property is currently going through a consent application, and this request is for the

7 Minutes Committee of Adjustment January 21, 2008 Page 7 of 11 retained lot. She explained that as a result of the Waterfront Density policies, the retained property will be unable to have a two storey boathouse. The existing boathouses are to be demolished. The proposed boathouse will be an improvement as the amount of shoreline structures will be reduced. Ms. Ghikadis stated there is considerable actual shoreline frontage. Ms. Ghikadis reviewed the four tests of a Minor Variance, concluding this application meets the four tests. Committee had no questions. Resolution Number: CA-09-21/01/2008 Member Edwards Member Ellis: Be it resolved that Application A-90/07, Nelson, to permit the construction of a two storey boathouse on a lot that has 275 feet of frontage, 650 square feet of habitable space, 250 square feet of a covered porch and a maximum width of 63 feet (on two storeys), as shown on the plan attached to the Notice of Decision, is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted shoreline structures are being reduced, the actual shoreline frontage is over 600 feet and the shoreline structures appear to be located on two different shorelines. e. A-91/07, Menzies, Part of Lot 31, Concession 12, Part 8, Plan 35R-3799 (Medora), Notice of the Hearing was circulated 11 days prior. No Submissions were received. Mr. Alex Menzies, Applicant, 104 Poplar Heights Drive Toronto, M9A 4Z4, attended the meeting. Mr. Menzies explained the reason of the application is for the aesthetics of the property. Committee questioned if the proposed porch will be open air or would it be screened. Mr. Menzies indicated it would be open air. Committee questioned if he would be able to remove the small shed in order to construct the covered porch. Mr. Menzies indicated he gets a lot of use of the shed and would not want to remove it. Committee questioned if the porch could be reduced to bring the proposed lot coverage to 11%. Mr. Menzies indicated the only place that could be eliminated was where he was planning to keep his golf cart and that would not be practical.

8 Minutes Committee of Adjustment January 21, 2008 Page 8 of 11 Committee indicated they were not willing to exceed 11% lot coverage. They asked if the measurements he provided were accurate and if he had a current building location survey. Mr. Menzies explained the survey he had only had the cottage on it, not the other buildings. Committee explained the merits of a building location survey to Mr. Menzies and decided to adjourn the application until a building location survey could be completed. A Lot Development Package was made available to the applicant. f. A-92/07, Baptist, Part of Lot 23, Concession G, Lot 9, Part M-33 (Medora), Correspondence None. Notice of the Hearing was circulated 10 days prior. No Submissions were received. Mr. Sandy Baptist, Applicant, 288 Glengrove Ave. W., Toronto, ON, M5N 1W2, attended the meeting. Mr. Baptist indicated he was present to answer any questions. Committee asked staff how extensive the re-vegetation would be in regards to securities. Mr. Fahner indicated there would be substantial plantings. Although the depth to bedrock would have to be considered a plan of the plantings will have to be submitted along with securities. A Lot Development Package was made available to the applicants. Resolution Number: CA-10-21/01/2008 Member Edwards Member Ellis: Be it resolved that Application A-92/07, Baptist, to permit the construction of a deck 33 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. As a condition, a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area be submitted. 10. Unfinished Business CONDITIONS: That a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area, be submitted. amended, and maintains the intent of the Official Plan. The Committee noted only a portion of the deck encroaches and this will be an improvement with the proposed tree planting.

9 Minutes Committee of Adjustment January 21, 2008 Page 9 of 11 a. B/73/07/ML, Hood, Part of Lot 23, Concession6, Part 1, Plan 35R-9706, Part 3 Plan 35R-70952, Part 16, Plan 35R-9339, (Medora), Roll # This application was adjourned at the hearing held on November 19, Ms. Angela Ghikadis, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated this application was originally heard at the November 19, 2007 meeting, and had been adjourned until concerns regarding the septic system could be addressed. She indicated that Mr. Wayne Moore of Cottage Country Environmental had the opportunity to meet with Mr. Bos. Mr. Bos s issues have been resolved. The lot lines have been slightly altered to accommodate area for a septic system. Committee had no questions. Resolution Number: CA-11-21/01/2008 Member Pryke Member Mallin: Be it resolved that Consent be granted for Application B/73/07/ML, (Hood), 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 severed and retained lots be made subject to Site Plan Control. 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. b. A-71/07, Gilbert and Guest, Part of Lot 23, Concession 5, Part 1, Plan 35R-2252 (Medora), Roll # This application was adjourned at the hearing held on October 29, Mr. Pink explained the history, nature and location of the application/property. Ms. Jean Polak, Agent, 32 Robert Boyer Lane, Bracebridge, ON, P1L 1V5. Ms. Polak reviewed the history of the application, explaining her clients have done everything the municipality has asked, and have been proactive with their development plans. The proposed boathouse was approved in May, The applicants applied for and completed a demolition permit to remove the existing boathouse, and when they applied for a building permit for the new boathouse, it was discovered there was an issue with lot coverage. Ms. Nancy LeBlanc, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. LeBlanc reviewed the four tests of a Minor Variance: 1)

10 Minutes Committee of Adjustment January 21, 2008 Page 10 of 11 it meets the intent of the official plan, built form does not dominate, 2) maintains the intent of zoning by-law, WR1, permits 10% lot coverage, 3) reduces the bulk, entered into a Site Plan Agreement, the plantings exceed the requirements, 4) the request is minor in nature, the only change is to enclose a small storage area. Committee indicated they would like the plantings to be completed and do not want lawn so close to the water. Ms. Polak indicated the sod at the water would be removed. Committee agreed the applicants have been working in good faith and requested the applicants meet with staff to discuss further plantings in addition to those already required within the Site Plan Agreement. Resolution Number CA-12-21/01/2008 Member Mallin Member Pryke: Be it resolved that Application A-71/07, Gilbert and Guest, to permit the construction of an addition to an existing boathouse which will result in a lot coverage of 11%, as shown on the plan attached to the Notice of Decision, is hereby approved subject to additional plantings. CONDITIONS: That plantings (additional to those outlined in the site plan agreement) be carried out. amended, and maintains the intent of the Official Plan. The Committee noted only a small portion of the boathouse increased the lot coverage, the boathouse replaced an existing structure located in the same area. 11. Information Items None. 12. New Business None. 13. Statistics None. 14. Committee in Closed Session None. 15. Adjournment a. Resolution Number: CA-13-21/01/2008 Member Pryke Member Mallin: Be it resolved that the meeting adjourn at 11:45 a.m.

11 Minutes Committee of Adjustment January 21, 2008 Page 11 of 11 Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

12 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Monday, February 11 st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Brian Hare Chair S. Fahner - Secretary-Treasurer Allen Edwards D. Pink - Senior Planner Karen Ellis M. Ellis - Development Planner Susan Pryke A. Glazier - Committee of Adjustment Coordinator L. Hamm - Planning Administrative Assistant 1. Meeting Called to Order Chair Hare called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Resolution Number: CA-01-11/02/2008 Member Pryke Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 11, 2008, be adopted. 3. Declaration of Conflict of Interest None. 4. Adoption of Minutes a. A copy of the Minutes dated January 21, 2008, is attached. Resolution Number: CA-02-11/02/2008 Member Pryke Member Ellis: Be it resolved that the minutes dated January 21, 2008, be adopted and approved as circulated. Chair Hare wanted to include information regarding the amended minutes from December 10, He wanted information relating to renting included. 5. Delegations a. Mr. Robert Rueter, applicant, did not attend re: Item 10.a., Unfinished Business, Rueter.

13 Minutes Committee of Adjustment February 11, 2008 Page 2 of Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. B/91/07/ML, Martin and Simpson, Part of Lot 16, Concession 12, (Medora), Roll # s and Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 14 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached. iii) Letter from Sharon and Hugh Nichols. Mr. Ellis read the letter, a copy of which is attached. Mr. Tom Bunker, agent, T A Bunker Surveying Ltd., P O Box 1180, Gravenhurst, ON, P1P 1V4, attended the meeting. Mr. Bunker indicated the application is to adjust the lot lines due to an encroachment of a septic system. This application will bring the lots into compliance with the zoning by-law. He also indicated there is conflicting title over the ownership of the road. Mr. Hugh Nichols, 1296 Carlingford Rd., Minett, ON, P0B 1G0. Mr. Nichols explained the issues with the road and indicated it trespasses on his property also. He asked if the road is corrected, could the septic system be relocated and therefore this application would not be necessary. Mr. Fahner indicated Committee of Adjustment cannot review the issue of ownership or location of the road, they may only consider this application for a lot addition. Committee questioned staff about the recommendations from the District of Muskoka. Mr. Fahner indicated the nature of the application is in regards to a septic system encroaching, and only lot lines are being adjusted. The removal of a kitchen is not necessary. He indicated Lake Joseph is a highly sensitive lake and a Site Plan Agreement would be required for additional development on the property. Committee questioned the side yard setback from the boathouse. Mr. Bunker indicated he would provide the measurement at the Council meeting on Tuesday.

14 Minutes Committee of Adjustment February 11, 2008 Page 3 of 11 Resolution Number: CA-03-11/02/2008 Member Ellis Member Pryke: Be it resolved that Consent be granted for Application B/91/07/ML, (Martin and Simpson), 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. The subject lands be brought into conformity with the Zoning By-law by rezoning the subject land from WR to WR1 and an exemption be obtained from the minimum lot area for the retained 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. b. B/92-96/07ML, Ontario Inc., Part of Lots 14 and 15, Concession B, (Bala), Roll # Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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) Two letters from Mr. Bill Davis. Mr. Ellis read the letters, copies of which are attached. Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis explained she has been working with Mr. Tim Harvey from Pinestone Engineering, and noted he was present at the meeting. Ms. Ghikadis indicated the application was to divide a four acre portion of the property into five residential lots which are to be located on a cul-de-sac. She explained the large retained lot is to be used for industrial purposes, and noted this lot is part of a settlement from the Ontario Municipal Board. She noted the sewer easement is there to allow for options in the future. Ms. Ghikadis indicated the size of the cul-de-sac meets road standards. She was surprised to hear of the Species At Risk and the archaeological studies recommended by the District Municipality of Muskoka. Ms. Ghikadis indicated the applicants would like to dedicate actual land instead of cash-in-lieu of parkland. Committee asked why the issues of Species At Risk and archeological studies were not addressed during the rezoning of the retained lot and Ontario Municipal Board Hearing. Ms. Summer Valentine, Planner, District Municipality of Muskoka, indicated the studies of these items are required when there is new lot creation. Ms. Ghikadis requested direction on what was required at this stage.

15 Minutes Committee of Adjustment February 11, 2008 Page 4 of 11 Committee indicated a Species At Risk and archeological studies would be required. It was also noted the offer of land in lieu of fees for parkland dedication should be reviewed. A Lot Development Package was made available to the applicants. This application was adjourned until site evaluations could be conducted. 7. Hearing of Consent Applications a. B/87/88/07/ML, Peat, Part of Lot 58, Concession B, (Cardwell), Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis noted these applications had been adjourned at the January 21, 2008 meeting due to the property not being posted properly. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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) iii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the letter, a copy of which is attached. Letter from Mr. John Jackson, requesting a deferral. Mr. Ellis read the letter, a copy of which is attached. Mr. John Jackson, agent, 70 Isabella St., Parry Sound, ON, P2A 1M6, attended the meeting. Mr. Jackson indicated they wish to reconfigure the proposed lots and requested adjournment of these applications. Committee had no questions. This application was adjourned until the new lot configuration is submitted. b. B/97/07/ML, Canadian Triloon Corporation, Part of Lot 18, Concession 6, Lot 9, Plan 35M-661, (Watt), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

16 Minutes Committee of Adjustment February 11, 2008 Page 5 of 11 iii) Letter of support from Mr. Nathan Lindenberg on behalf of Elizabeth Toman. Mr. Ellis read the letter, a copy of which is attached. Mr. Yvon Gavel, Pinestone Engineering Ltd., agent, 110 Kimberley Ave., Unit 1, Bracebridge, ON, P1L 1Z8, attended the meeting. Committee had no questions. A Lot Development Package was made available to the applicants. Resolution Number: CA-04-11/02/2008 Member Ellis Member Edwards: Be it resolved that Consent be granted for Application B/97/07/ML, (Canadian Triloon Corporation), provided the following condition is fulfilled. 1. A registerable description of the right-of-way be submitted to the Secretary Treasurer, along with a registered copy of the reference plan. 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. c. B/98/07/ML, Colson and Conway, Lot 9, Concession 13, (Monck), Roll # Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached. Mr. Steve Boyes, agent, 59 Pine St., Bracebridge, ON, P1L 1K8, attended the meeting. Mr. Boyes indicated the application is straight forward, noting the creek is mostly dry and a culvert was put in place a few years ago. There have been no problems with the flow of water. Mr. Fahner indicated he had revisited the site due to concerns regarding the necessity of a fisheries study and the status of the creek. He explained the culvert is existing, and the requirement of the fisheries study is no longer necessary. A Lot Development Package was made available to the applicants.

17 Minutes Committee of Adjustment February 11, 2008 Page 6 of 11 Resolution Number: CA-05-11/02/2008 Member Ellis Member Edwards: Be it resolved that Consent be granted for Application B/98/07/ML, (Colson and Conway), 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. 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. d. B/99/07/ML, Jarvie, Part of Lot 15, Concession A, Lot 32, Plan 14, (Bala), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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. Dan Goforth, agent, Box 372, Bala, ON, P0C 1A0, attended the meeting. Mr. Goforth indicated the intent is to increase the frontage to over 100 feet, and noted the house was built in the early 1900 s close to lot line. This application will allow for additional privacy. Committee had no questions. A Lot Development Package was made available to the applicants. Resolution Number: CA-06-11/02/2008 Member Ellis Member Edwards: Be it resolved that Consent be granted for Application B/99/07/ML, (Jarvie), provided the following condition is 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.

18 Minutes Committee of Adjustment February 11, 2008 Page 7 of 11 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. e. B/100/101/07/M, Abbey Farms Limited, Part of Lots 2 and 3, Concession 10, Parts 1-3, Plan 35R-8734, (Medora), Roll # Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 19 days prior. Submissions were received as follows: 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) Letter from CN Railway. Mr. Ellis read the letter, a copy of which is attached. Mr. John Jackson, agent, 70 Isabell St., Parry Sound, ON, P2A 1M6, attended the meeting. Mr. Jackson indicated this lot was previously approved for a nine lot subdivision in the 1970 s. He indicated he was baffled regarding the comments from CN Rail. Mr. Sam Ferranto, neighbour, RR1, Mactier, ON, P0C 1H0. Mr. Ferranto indicated he lives across the street from the subject property and has no concerns with the proposal. Mr. Fahner indicated more information regarding the comments from District of Muskoka and CN Rail are required prior to any decisions. No one attended opposition to the application. This application was adjourned until more information regarding the recommendations from the District Municipality of Muskoka and CN Railway was available. 8. Hearing of Minor Variance Applications a. A-93/07, Mitchell, Part of Lot 32, Concession 13, (Monck), Notice of the Hearing was circulated 12 days prior. Submissions were received as follows: i) Letter of support from Ms. Christine Featherstone. Mr. Ellis read the letter, a copy of which is attached. ii) iii) Letter of support from Mr. Peter Strachan. Mr. Ellis read the letter, a copy of which is attached. Letter of opposition from Mr. Fred Dyck. Mr. Ellis read the letter, a copy of which is attached.

19 Minutes Committee of Adjustment February 11, 2008 Page 8 of 11 iv) Letter of support from Doug and Patricia Burns. Mr. Ellis read the letter, a copy of which is attached. Mr. Ross Mitchell, applicant, 1420 Stavebank Rd., Toronto, ON, L5G 2V3, attended the meeting. Mr. Mitchell indicated the dock is a crib dock and when the boathouse permit was issued, there was a stipulation to remove this dock. He explained they found there was a pair of martens using the dock as habitat. Mr. Mitchell explained the dock has only minimal visual impact and the removal will do more harm than good. Committee agreed this dock was to be removed as a condition of the building permit being issued. They asked staff how long the applicant has to remove the dock. Mr. Fahner advised Committee it would be determined through enforcement by the Building Department. A Lot Development Package was made available to the applicants. Resolution Number CA-07-11/02/2008 Member Ellis Member Edwards: Be it resolved that Application A-93/07, Mitchell, to permit a total cumulative width of docks to be 111 feet, as shown on the plan attached to the Notice of Decision, is hereby approved. MOTION DEFEATED. 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 proposed can comply with the requirements of the by-law. It was also noted, as a condition of obtaining the building permit for the two storey boathouse, a portion of the dock was to be removed. b. A-94/07, Lacombe, Part of Lot 35, Concession 7, Lots 15 and 15A, Plan M-16, (Bala), Roll # Notice of the Hearing was circulated 12 days prior. No submissions were received. Ms. Tracey Owen, agent, Port Carling, ON, P0B 1J0, attended the meeting. Committee had no questions. A Lot Development Package was made available to the applicants.

20 Minutes Committee of Adjustment February 11, 2008 Page 9 of 11 Resolution Number CA-08-11/02/2008 Member Edwards Member Pryke: Be it resolved that Application A-94/07, Lacombe, to permit the construction of an addition 24 feet (at the closest point) from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved provided a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area is submitted. CONDITIONS: That a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area is submitted. amended, and maintains the intent of the Official Plan. The Committee noted the proposed porch does not further encroach into the front yard than to what is existing and re-naturalization of the shoreline is to be obtained. c. A-95/07, Williams, Part of Lot 15, Concession 12, Part 1, Plan 35R-19619, (Medora), Notice of the Hearing was circulated 12 days prior. No submissions were received. Mr. John Gallagher, Agent, 1 Rice Lane, Huntsville, ON, P1H 1V4, attended the meeting. Mr. Gallagher indicated the issue with height was discovered after the framing, and was addressed when it was discovered. Committee asked Mr. Gallagher if the problem was found at the framing stage why were they asking for relief now. Mr. Gallagher explained it was found after the framing had been completed. Committee asked if something could be put in place with the property indicating the second floor is to be for storage only. Mr. Gallagher indicated it could be put in as a condition of the Minor Variance. A Lot Development Package was made available to the applicants. Resolution Number CA-09-11/02/2008 Member Edwards Member Pryke: Be it resolved that Application A-95/07, Williams, to permit an existing garage to be 22.5 feet, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the second storey being used for storage only.

21 Minutes Committee of Adjustment February 11, 2008 Page 10 of 11 CONDITIONS: The second storey of the garage is to be used for storage purposes only. amended, and maintains the intent of the Official Plan. The Committee noted the garage is not highly visible from the lake and the neighbours did not indicate any concerns. d. A-96/07, Beckett, Part of Lot 10, Concession 14, Parts 5 and 10, Plan 35R-19879, (Watt), Roll # Correspondence None. Notice of the Hearing was circulated 12 days prior. No Submissions were received. Committee had no questions. It was noted the property was properly posted and was not a concern. Resolution Number CA-10-11/02/2008 Member Edwards Member Pryke: Be it resolved that Application A-96/07, Beckett, to permit a total cumulative width of docks to be 58 feet, as shown on the plan attached to the Notice of Decision, is hereby approved. 10. Unfinished Business amended, and maintains the intent of the Official Plan. The Committee noted the proposed deck/dock will not have an impact on the shoreline and no vegetation is to be removed. a. B/70/07/ML, Rueter, Part of Lot 1, Concession 4, Parts 5-8, Plan 35R-9505, (Wood), Roll # This application was adjourned at the hearing held on October 29, Mr. Pink explained the history, nature and location of the application/property. Mr. Pink indicated this application was adjourned at the October 29, 2008 meeting at the request of the applicants.

22 Minutes Committee of Adjustment February 11, 2008 Page 11 of Information Items None. 12. New Business Committee indicated they wanted the existing storage building removed prior to a building permit being issued for the boathouse and garage. Mr. Pink indicated this could be a condition of the Minor Variance. Committee asked staff if it would be easier to merge the lots. Mr. Pink indicated the lots were created by consent, the prior consent is required to be broken. There is no road allowance to add a square foot to in order to break the consent, and the merging of the lots may be onerous. Committee asked staff the location of the septic system. Mr. Pink explained there was no septic system indicated on the application. Committee expressed concerns of setting a precedent if the applicants wanted a washroom in the garage, noting the septic system would have to be located on the lot with the garage. They indicated if the lot is being used as one lot they should be merged, and noted this is having an accessory building prior to a main use dwelling. Committee agreed to adjourn the application in order to discuss the issues with the applicant. a. Committee held a brief discussion re: Committee of Adjustment conferences. Mr. Fahner indicated he would include the cost of attending conferences in the budget. 13. Statistics None. 14. Committee in Closed Session None. 15. Adjournment a. Resolution Number: CA-08-21/01/2008 Member Edwards Member Pryke: Be it resolved that the meeting adjourn at 11:30 a.m. Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

23 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Monday, March 3 rd, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Brian Hare Chair S. Fahner - Secretary-Treasurer Allen Edwards D. Pink - Senior Planner Karen Ellis M. Ellis - Development Planner Susan Pryke A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant 1. Meeting Called to Order Chair Hare called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Resolution Number: CA-01-03/03/2008 Member Mallin Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 4, 2008, be adopted. 3. Declaration of Conflict of Interest a. Member Susan Pryke indicated she had a conflict of interest with item 8.d., Durfey, and would not participate in the hearing. 4. Adoption of Minutes a. A copy of the Minutes dated February 11, 2008, is attached. 5. Delegations Resolution Number: CA-02-03/03/2008 Member Pryke Member Mallin: Be it resolved that the minutes dated February 11, 2008, be adopted and approved. a. Mr. Marshall Pyatt, applicant, attended at 10:45 a.m. re: Item 10.a., Unfinished Business, Pyatt and Su. 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

24 7. Hearing of Consent Applications Minutes Committee of Adjustment March 4, 2008 Page 2 of 11 a. B/102/07/ML, Alofs, Part of Cameron Island, Part 2, Plan 35R-18364, Lake Joseph, (Medora), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 20 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. which is attached. Mr. Ellis read the report, a copy of Mr. Greg Corbett, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett concurred with Mr. Ellis summation of the application and pointed out the abutting lot was originally created by Consent, therefore, the Consent would have to be broken prior to the lot addition being added. Committee had no questions. A Lot Development Package was made available to the agent. Resolution Number: CA-03-03/03/2008 Member Pryke Member Mallin: Be it resolved that Consent be granted for Application B/102/07/ML, (Alofs), provided the following condition arefulfilled. 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 the previous consent (B/07/01/ML) be broken. 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. b. B/103/07/ML, Steel Crown Corporation, Part of Lot 6, Concession 3, (Wood), Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 20 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development

25 Minutes Committee of Adjustment March 4, 2008 Page 3 of 11 Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector Mr. Sandy Bos. which is attached. Mr. Ellis read the report, a copy of Mr. Terry McFadden, agent, Coldwell Banker, Box 521, Bala, ON, P0C 1A0, attended the meeting. Mr. McFadden indicated the comments in the letter from the District of Muskoka regarding the wetland were incorrect and noted it is just a cleared area. He asked if Committee wished to defer the application until the site could be revisited when the snow is gone to see it is not a wetland. Mr. Fahner indicated staff had reviewed photographs of the area and is of the opinion it appears to be just a low lying area, not a wetland of significance, therefore, the application could proceed as is. Staff indicated no concerns regarding the deer habitat as the proposed lots are large and in the Rural area. Resolution Number: CA-04-03/03/2008 Member Mallin Member Pryke: Be it resolved that Consent be granted for Application B/103/07/ML, (Steel Crown Corporation), 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. 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. c. B/01/02/08/ML, McNabb, Part of Lots 9 and 10, Concession 7, (Monck), , Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 20 days prior. Submissions were received as follows: 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 Mr. Sandy Bos. which is attached. Mr. Ellis read the report, a copy of Mr. Gerry McNabb, agent, 28 Daleman Dr., Bracebridge, ON, P1L 1A6, attended the meeting. Mr. McNabb indicated he was available to answer questions. Mr. Steve Roch, neighbour, 1353 Ziska Rd., Bracebridge, ON, P1L 1W8, attended in support of the application. Mr. Roch questioned why the previously severed lots were not

26 Minutes Committee of Adjustment March 4, 2008 Page 4 of 11 illustrated on the map that had accompanied the Notice he had received in the mail. Chair Hare explained the base mapping updates are provided to the municipality from Municipal Property Assessment Corporation, and the severances Mr. Roch was referring to had been recent. Mr. Roch questioned why Mr. McNabb was permitted to further sever his lot when he was not able to do so on his own lot. Mr. Fahner explained the Rural Residential cluster designation did not reach as far as Mr. Roch s property. Chair Hare noted Mr. Roch was welcome to submit comments on the Official Plan. No one attended in opposition to the application. A Lot Development Package was made available to the applicant. Resolution Number: CA-05-03/03/2008 Member Pryke Member Mallin: Be it resolved that Consent be granted for Application B/01/02/08/ML, (McNabb), 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. 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. Committee indicated they would like to review lot creation in the Rural designation. 8. Hearing of Minor Variance Applications a. A-97/07, Ontario Ltd., Part of Lot 30, Concession 7, Part of Lots 4-6, Plan 4, (Bala), Notice of the Hearing was circulated 11 days prior. No submissions were received. Mr. Bob Morine, agent, 4390 Anderson St., Whitby, ON, L1R 2W1, attended the meeting. Mr. Morine reviewed the history of the lot. Committee indicated they were pleased with the illustration of the trusses, preventing the upper portion of the boathouse from being used as habitable or storage space.

27 Minutes Committee of Adjustment March 4, 2008 Page 5 of 11 Committee had no questions. Resolution Number CA /03/2008 Member Mallin Member Pryke: Be it resolved that Application A-97/07, Ontario Limited, to permit a boathouse to be 17 feet 2 inches in height on a lot with less than 300 feet of frontage on a Category 1 Lake, as shown on the plan attached to the Notice of Decision is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted the variance is minimal, will not have an impact and the roof trusses will prevent a habitable second storey. A Lot Development Package was made available to the agent. b. A-98/07, Van der Walle, Part of Lot 8, Concession 8, (Medora), Notice of the Hearing was circulated 11 days prior. No submissions were received. Ms. Julie Washburn, agent, Nordcap Steel Docks, 260 Knister Rd., Gravenhurst, ON, P1P 1R4, attended the meeting. Ms. Washburn indicated she was available to answer questions. Committee had no questions. Resolution Number CA-07-03/03/2008 Member Ellis Member Edwards: Be it resolved that Application A- 98/07, Van der Walle, to permit a dock to be 14.5 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved. amended, and maintains the intent of the Official Plan. The Committee noted the location of the dock will have minimal impact, is minor in relation to the previous by-law requirements and the neighbours did not indicate any concerns.