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 Friday, January 20 th, 2012, at 1:30 p.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson S. Fahner - Secretary-Treasurer Brad Burgess M. Ellis - Planner Allen Edwards Chair A. Glazier - Committee of Adjustment Coordinator 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-01-09/12/2012 Member Burgess Member Benson: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 20, 2012, be adopted. 3. Declaration of Conflict of Interest 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of Adjustment Meeting Minutes held on December 9, Delegations Resolution Number: CA-02-20/01/2012 Member Benson Member Burgess: Be it resolved that the minutes dated December 9, 2011, be adopted and approved as circulated. a. Mr. Peter Suitso, applicant, attended at 3:00 p.m., Re: Item 12.b., Unfinished Business, (Suitso)

2 Minutes Committee of Adjustment January 20, 2012 Page 2 of 14 b. Mr. Paul Donaldson, agent, attended at 3:15 p.m., Re: Item 12.c., Unfinished Business, (Donaldson) 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 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/53/11/ML, Weber, Part of Silver Birches Island, Lake Joseph, Part 2 on Plan 35R , (Medora), Roll # Notice of the Hearing was circulated 28 days prior. Submissions were received as follows: i) Two letters from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letters, copies of which are attached. ii) Letter from Angela Ghikadis, indicated a slight amendment to the lot line. Mr. Ellis read the letter, a copy of which is attached. Mr. Fahner noted an updated sketch was submitted and circulated, a copy of which is attached. Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis explained the applicants wish to create an additional lot for their children. A Water Quality Impact Assessment was completed and the peer review has been received. Ms. Ghikadis indicated some deficiencies were found through the peer review process and would be addressed. No one attended in support of or in opposition to the application.

3 Minutes Committee of Adjustment January 20, 2012 Page 3 of 14 In response to Committee s question, Mr. Fahner indicated the comments of concern received from the District Municipality of Muskoka are standard practice. As part of the approval, the conditions include a satisfactory peer review, therefore, the consent would not be completed until the peer reviewer was satisfied with the Water Quality Impact Assessment. Committee questioned how they could ensure there is parking and access to the island. Mr. Fahner indicated a letter from a marina indicating automotive and boat parking have been accepted in the past as proof of access. The applicants own a mainland property and will access the island from there. Mr. Fahner indicated we cannot control what could occur in the future such as a marina going out of business or a property being sold. Mr. Fahner explained the applicants have agreed to enter into a Consent Agreement stating they would not use public docking/parking for access to the island. They prefer not to have a right-of-way on title of the mainland property as it may reduce the value of the land. Resolution Number: CA-03-20/01/2012 Member Burgess Member Benson: Be it resolved that Consent be granted for Application B/53/11/ML, (Weber), 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 severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That a satisfactory peer review of the Water Quality Impact Assessment (WQIA) be received and any additional recommendations made in the peer review are implemented. 5. The applicant enters into a Consent Agreement with the Township under 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. Also, the agreement shall address the recommendations of the Water Quality Impact Assessment (WQIA) completed by Michalski Nielsen and Associates Limited. This Agreement is to be registered on title. 6. 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.

4 Minutes Committee of Adjustment January 20, 2012 Page 4 of 14 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). 10. Hearing of Minor Variance Applications a. A-87/11 - Amended, Burwell, Part of Lot 33, Concession 1, Lot 1 on Plan 8, (Port Carling), Roll # Notice of the Hearing was circulated 10 days prior. Submissions were received as follows: i) Letter of objection from Steve and Nicole Clark. Mr. Ellis read the letter, a copy of which is attached. ii) Letter of support from Cory DeFrancisco. Mr. Ellis read 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 submitted and circulated photographs and a sketch, copies of which are attached. Ms. Ghikadis noted there was also a letter of support from Ms. Sheila Day that was submitted at the December 9, 2011 meeting of Committee of Adjustment. Ms. Ghikadis provided a brief history and review of the proposal and requested variances. She noted the boatport would function as a boatport in summer and be enclosed during the winter months to function as a boathouse. Ms. Ghikadis indicated substantial vegetation on the property would be maintained and the boathouse would not be visible from the neighbours property. She reviewed the four tests of a minor variance. No one attended in support of or in opposition to the application. In response to Committee s question, Mr. Fahner indicated although the boathouse will function as a boatport in summer, it should be viewed as a boathouse for this application. He noted it is in compliance with the zoning by-law.

5 Minutes Committee of Adjustment January 20, 2012 Page 5 of 14 Resolution Number CA-04-20/01/2012 Member Benson Member Burgess: Be it resolved that Application A- 87/11, (Burwell), to permit the construction of a new dwelling and sundeck in which the dwelling is to be 26 feet from the high water mark and the sundeck is to be19 feet from the high water mark, and to permit the construction of a single storey boathouse which will result in a lot coverage of 11% of the lot area within 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions: i) 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. ii) 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 cumulative width of structures on land are being reduced, only small portions are not in compliance, terrain constraints limit the location of the proposed structures and is in character of the area. The Committee also noted dark sky lighting and renaturalization of the shoreline will be obtained. b. A-96/11, Durkee, Part of Lot 29, Concession 13, Parts 1 & 2 on Plan 35R-20298, (Monck), Roll # Notice of the Hearing was circulated 14 days prior. Submissions were received as follows: i) Letter of support from Randy Ward. Mr. Ellis read the letter, a copy of which is attached. ii) Letter of support from Judith Filman. Mr. Ellis read the letter, a copy of which is attached. Ms. Tracey Owen, agent, 6 Duke Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Owen indicated that due to the location of the sewage disposal system, the location of the reconstructed sleeping cabin would be slightly amended. Ms. Owen indicated she was available to answer questions.

6 Minutes Committee of Adjustment January 20, 2012 Page 6 of 14 No one attended in support of or in opposition to the application. In response to Committee s question, Ms. Owen indicated there were no plans for any plumbing in the sleeping cabin. Chair Edwards requested any exterior lighting be dark sky compliant. Mr. Fahner indicated the proposed structure is automatically subject to site plan control. Resolution Number CA-05-20/01/2012 Member Robinson Member Burgess: Be it resolved that Application A- 96/11, (Durkee), to permit the construction of a sleeping cabin 57 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 proposed sleeping cabin is no closer that the existing sleeping cabin and dwelling, the sleeping cabin will not be highly visible and the neighbours did not indicate any concerns. c. A-98/11, Donovan & Pagano, Part of Lot 9, Concession 5, Parts 5-12 on Plan 35R , (Medora), Roll # Notice of the Hearing was circulated 14 days prior. Submissions were received as follows: i) Letter of concern from Olga Haller. Mr. Ellis read the letter, a copy of which is attached. Mr. Ellis circulated a photograph submitted by the applicant, a copy of which is attached. Ms. Tracey Owen, agent, 6 Duke Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Owen explained there had been an error calculating the boathouse width and they are requesting a small variance for cumulative width. Ms. Owen indicated she was available to answer questions. No one attended in support of or in opposition to the application. Committee had no questions.

7 Minutes Committee of Adjustment January 20, 2012 Page 7 of 14 Resolution Number CA-06-20/01/2012 Member Burgess Member Robinson: Be it resolved that Application A- 98/11, (Donovan and Pagano), to permit construction of a boathouse that is to be 32 feet in width, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the following condition: i) That the lands be made subject to Enhanced Site Plan Control 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 all other requirements are in compliance with the zoning by-law. d. A-99/11, Peatling, Part of Lot 4, Concession 14, Lots 6 & 7, Block A on Plan M-259, (Medora), Roll # Mr. Ellis 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 agent, Shawn Woof, requesting an adjournment. Mr. Ellis read the letter, a copy of which is attached. No one attended in support of or in opposition to the application Committee agreed to adjourn the application. e. A-100/11, Chapnik, Part of Lot 4, Concession 3, Parts 1-3 on Plan 35R-15261, (Wood), Roll # Notice of the Hearing was circulated 14 days prior. No submissions were received. Ms. Cheryl Gibson, agent, 7407 Davy Drive, Washago, ON, L0K 2B0, attended the meeting. Ms Gibson provided a brief review of the proposed addition and indicated she was available to answer questions.

8 Minutes Committee of Adjustment January 20, 2012 Page 8 of 14 No one attended in support of or in opposition to the application Committee had no questions. Resolution Number CA-07-20/01/2012 Member Burgess Member Robinson: Be it resolved that Application A- 100/11, (Chapnik), to permit the construction of an addition to an existing dwelling which will result in a lot coverage of 12.1%, as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the lot coverage is not changing as to what is existing, the proposed addition is to be located in an area that is already built (on a sundeck) and the neighbours did not indicate any concerns. f. A-101/11, Olinski, Part of Lot 2, Concession 12, Part 1 on Plan 35R-16619, (Medora), Roll # Mr. Ellis circulated a photograph submitted by the applicant, a copy of which is attached. Notice of the Hearing was circulated 14 days prior. No submissions were received. Mr. Jerry Olinski, applicant, 9 Yorkdale Crescent, Stoney Creek, ON, L8J 1E2, attended the meeting. Mr. Olinski indicated the staff report captured the essence of the proposal and did not have anything further to add. No one attended in support of or in opposition to the application. In response to Committee s question, Mr. Olinski indicated the floor plan included in the agenda package is what is existing. He noted there is no cooking stove. Mr. Fahner noted Committee could impose a condition to remove any cooking facilities and associated electrical wiring.

9 Minutes Committee of Adjustment January 20, 2012 Page 9 of 14 Resolution Number CA-08-20/01/2012 Member Burgess Member Robinson: Be it resolved that Application A- 101/11, (Olinski), to permit the an existing dwelling to be converted to a two storey garage (with a sleeping cabin) in which the height is 25 feet, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the removal of all cooking facilities. CONDITION: That all cooking facilities be removed from the converted garage/sleeping cabin. 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 subject property is large, well vegetated, the structure is not highly visible from the lake as it is a good distance from the lake, and the neighbours did not indicate any concerns. g. A-102/11, Bakewell, Part of Lot 27, Concession 8, Lot 6 on Plan M-269, (Wood), Roll # Notice of the Hearing was circulated 14 days prior. Submissions were received as follows: i) Letter of objection from Edward Pace. Mr. Ellis read the letter, a copy of which is attached. ii) Letter of objection from Gord Grace. Mr. Ellis summarized the letter, a copy of which is attached. Ms. Tracey Owen, agent, 6 Duke Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Owen indicated the applicant, Mr. Bakewell, and the contractor for the project were also present. The proposed location was determined to minimize impact to neighbours. If a boathouse was proposed with a pitched roof it would comply with the zoning by-law. Ms. Owen indicated the applicants opted for an open boat port instead of a boathouse to minimize impact to the neighbour. No one attended in support of to the application. Mr. Gord Grace, Regal Court, Windsor, ON, N8N 4P1, attended the meeting. Mr. Grace distributed his submission to Committee and reviewed it. Mr. Grace felt the proposed would impact the value of his property. Ms. Owen indicated the applicants did consider the impact to neighbours and is why they have proposed an open boatport instead of an enclosed boathouse.

10 Minutes Committee of Adjustment January 20, 2012 Page 10 of 14 In response to Committee s question, Ms. Owen explained the location of the boatport was located further out from shore due to a large rock outcropping located in the centre of the lot at the shoreline. Mr. Dave Denstedt, 1130 Milford Bay, Milford Bay, ON, P0B 1E0, attended the meeting. In response to Committee s question, Mr. Denstedt explained he was the contractor working on the project and indicated the rock located in the centre of the shoreline is approximately four feet wide and would make it difficult to access the boatport from shore. Committee had a brief recess to allow the applicant and the neighbour some time to work out a solution between them. Following the recess, Ms. Owen indicated they were unable to come to a mutually agreeable solution and the application was not to be amended. Resolution Number CA-12-20/01/2012 Member Robinson Member Burgess: Be it resolved that Application A- 102/11, (Bakewell), to permit the construction of a boatport 39 feet 4 inches (at the closest point) from the side lot line, 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 boatport and a satisfactory Site Plan Agreement be registered on title. ii) The overhang is reduced by one foot on all sides. 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 boatport was reduced in size in order to minimize any impact. The Committee also noted that a single storey boathouse with a peaked roof could be constructed in compliance with the zoning bylaw which would have a greater visual impact. h. A-103/11, Tennant, Part of Lot 19, Concession C, Parts 1-3 on Plan 35R-23407, (Medora), Roll # Notice of the Hearing was circulated 14 days prior. No submissions were received.

11 Minutes Committee of Adjustment January 20, 2012 Page 11 of 14 Mr. Paul Donaldson, agent, 3687 Hwy 118 W, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Donaldson provided a brief review of the requested variance and felt the request was minor. No one attended in support of or in opposition to the application. In response to Committee s question, Mr. Donaldson indicated at the time of the design stage of the boathouse, the property owner had not yet decided how they wished to access it. They decided after the boathouse was built. He noted there was a set of wooden stairs down to the dock at the rear of the boathouse for access. Resolution Number CA-09-20/01/2012 Member Burgess Member Robinson: Be it resolved that Application A- 103/11, (Tennant), to permit the construction of stairs and a ramp (landing) that are seven feet in width and 56 square feet in area, as shown on the plan attached to the Notice of Decision, is hereby approved. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the stairs and ramp (landing) are located directly beind the boathouse and will not be highly visible. 11. Correspondence 12. Unfinished Business a. Additional Conditions of Consent, B/38/11/ML, Matchett, Part of Lots 20 & 21, Concession 13, (Monck), Roll # s & Mr. Fahner explained the history, nature and location of the application/property. Mr. Fahner indicated the applicant was aware of the requested conditions from the District of Muskoka. Committee had no questions. Resolution Number: CA-10-20/01/2012 Member Robinson Member Burgess: Be it resolved that the decision of the Committee of Adjustment dated November 18, 2011 for Application

12 Minutes Committee of Adjustment January 20, 2012 Page 12 of 14 B/38/11/ML, (Matchett) is hereby amended by adding the following condition: Condition Number 4: The applicants enter into a Consent Agreement with the District of Muskoka under Section 51(26) of the Planning Act regarding the location of wells in relation to the Muskoka Road. Also, that a 3 metre (10 foot) road widening across the frontage of the retained lands on Muskoka Road 47 be dedicated to the District of Muskoka for road widening purposes. This Agreement is to be registered on title. EXPLANATION OF CHANGES: Supplementary comments from the District of Muskoka were received after the original hearing. The District of Muskoka recommended that the above noted condition be imposed. 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. A-85/11 - Amended, Suitso, Part of Lot 19, Concession 8, Lot 6 on Plan M-330, (Monck), Roll # Mr. Fahner explained the history, nature and location of the application/property. Mr. Peter Suitso, applicant, 40 Oaken Gateway, Toronto, ON, M2P 2A1, attended the meeting. Mr. Suitso indicated he concurred with Mr. Fahner and noted the side yard setback would be 10 feet from the property line. Resolution Number CA-11-20/01/2012 Member Burgess Member Robinson: Be it resolved that Application A- 85/11, (Suitso), to permit the construction of an addition to an existing dock ten feet from the projected side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the existing four foot wide northerly dock being removed. CONDITION: That the existing four foot wide northerly dock be removed.

13 Minutes Committee of Adjustment January 20, 2012 Page 13 of 14 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 revised location of the proposed dock provides better access to the boathouse and is safer. The existing dock is to be removed and the neighbours did not indicate any concerns. c. A-95/11, Donaldson, Part of Lot 21,Concession E, (Medora), Roll # Mr. Fahner explained the history, nature and location of the application/property. A revised site plan was submitted showing a boat slip entering the side of the boathouse. Mr. Paul Donaldson, agent, 3687 Hwy 118 W, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Donaldson provided a brief explanation of the requested variance. Committee had no questions. Resolution Number CA /2012 Member Robinson Member Burgess: Be it resolved that Application A- 95/11, (Donaldson), to permit the construction of a two storey boathouse 35 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the following condition: i) That the lands be made subject to Enhanced Site Plan Control 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 only a small corner of the proposed boathouse is not in compliance and the proposed boathouse will be located closer to the shore than what is existing, which is an improvement. 13. Correspondence:

14 14. Information Items Minutes Committee of Adjustment January 20, 2012 Page 14 of New Business 16. Statistics 17. Committee in Closed Session 18. Adjournment a. Resolution Number: CA-14-20/01/2012 Member Burgess Member Robinson: Be it resolved that the meeting adjourn at 3:40 p.m. Allen Edwards, Chair Stephen Fahner, Secretary-Treasurer

15 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 10 th, 2012, at 1:30 p.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson S. Fahner - Secretary-Treasurer Brad Burgess M. Ellis - Planner Allen Edwards Chair A. Glazier - Committee of Adjustment Coordinator Alice Murphy 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. Committee amended the agenda to add item 13.a., Minor Variance Statistics, Resolution Number: CA-01-10/02/2012 Member Burgess Member Benson: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 20, 2012, be adopted as amended. 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 20, Resolution Number: CA-02-10/02/2012 Member Benson Member Burgess: Be it resolved that the minutes dated January 20, 2012, be adopted and approved as amended.

16 5. Delegations a. None Minutes Committee of Adjustment February 10, 2012 Page 2 of 5 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. B/54/11/ML, Bradshaw, Part of Lot 16, Concession 3, (Medora), Roll # 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, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached. Mr. Mark Fournier, and Ms. Lorilyne Bradshaw, agent/applicant, 1058 Youngs Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Fournier indicated they currently operate a retail store located on the property. He explained the retained lot is to build a retirement home for themselves. No one attended in support of or in opposition to the application. Committee had no questions. Resolution Number: CA-03-10/02/2012 Member Burgess Member Benson: Be it resolved that Consent be granted for Application B/54/11/ML, (Bradshaw), 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 rezoning the retained lot for its intended use and a portion of By-law be rescinded. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any

17 Minutes Committee of Adjustment February 10, 2012 Page 3 of 5 problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 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. 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 10. Hearing of Minor Variance Applications a. A-01/12, Fleming, Part of Lots 29 & 39, Concession 13, Part 6 on Plan BR-747, (Watt), Roll # Notice of the Hearing was circulated 11 days prior. Submissions were received as follows: i) Letter from Dian Elizabeth Kesler. Mr. Ellis read the letter, a copy of which is attached. Mr. Ellis noted that due to an error in the Notice, it was staff s opinion that the application be recirculated with the correct proposed width of the boathouse. Mr. Nick Popovich, agent, 783 Manitoba Street, Bracebridge, ON, P1L 1W9, attended the meeting. Mr. Popovich indicated the request is for two variances. One

18 Minutes Committee of Adjustment February 10, 2012 Page 4 of 5 is to permit 10.98% lot coverage, which has been confirmed by an Ontario Land Surveyor, the other is to permit a shoreline width of 36.3 feet. Mr. Popovich explained the applicants propose an additional slip to be located on the north side of the boathouse. The side yard setback from the northerly lot would be in excess of 100 feet. The boathouse roof would be reconstructed to a peaked roof on the southerly side and relocate the sundeck to the north side to minimize impacts to the southerly neighbour and maintain the 28 foot side yard setback. Mr. Greg Corbett, agent, Planscape 104 Kimberley Ave., Bracebridge, P1L 1Z8, attended the meeting. Mr. Corbett indicated he represented the neighbours located to the south. He explained he spoke with the agent and reviewed the sketches and photographs and felt his client s concerns could be resolved with an additional condition of approval. His clients wish to ensure nothing would be built any closer to their property and no further out into the water than what is existing. Mr. Corbett indicated this would satisfy his client s concerns. No one attended in support of the application. Committee held a brief discussion and agreed the Notice should be recirculated with the correct information and requested Mr. Corbett to submit a letter specifying the requested condition for the next meeting of Committee when the application would be heard again. 11. Correspondence 12. Unfinished Business 13. Correspondence: 14. Information Items a. Consent Activity, Mr. Fahner reviewed the information provided to Committee, a copy of which is attached. In response to Committee s question, Mr. Fahner indicated the additional vacant lots is the most important number to consider and is tied inot the cash in lieu of parkland the Township recovers. He noted the format for tracking was established by the District of Muskoka.

19 15. New Business Minutes Committee of Adjustment February 10, 2012 Page 5 of 5 a. Computers for the Private Members of Committee Mr. Fahner indicated staff wanted to know if the private members were interested in using computers provided by the Municipality. He explained they could be included in the Planning Department s budget. He noted it is more convenient for staff and has a number of advantages when viewing site plans, maps, and the overall agenda. Member Benson indicated she would like a computer and Mr. Fahner indicated he would speak with Member Robinson whom was not present. 16. Statistics 17. Committee in Closed Session 18. Adjournment a. Resolution Number: CA-04-10/02/2012 Member Benson Member Burgess: Be it resolved that the meeting adjourn at 1:59 p.m. Allen Edwards, Chair Stephen Fahner, 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, March 2 nd, 2012, at 1:30 p.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Susan Benson S. Fahner - Secretary-Treasurer Brad Burgess M. Ellis - Planner Allen Edwards Chair A. Glazier - Committee of Adjustment Coordinator Alice Murphy - left at 2:35 p.m. L. Forbes - Planning Assistant Carol-Ann Robinson 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-01-02/03/2012 Member Robinson Member Benson: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 2, 2012, be adopted. 3. Declaration of Conflict of Interest a. Member Benson indicated she had a potential pecuniary interest with item 12.a. 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of Adjustment Meeting Minutes held on February 10, Delegations a. None Resolution Number: CA-02-02/03/2012 Member Burgess Member Benson: Be it resolved that the minutes dated February 10, 2012, be adopted and approved as circulated.

21 Minutes Committee of Adjustment March 2, 2012 Page 2 of Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) 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 10. Hearing of Minor Variance Applications a. A-01/12, Fleming, Part of Lots 29 & 39, Concession 13, Part 6 on Plan BR-747, (Watt), Roll # Notice of the Hearing was circulated 15 days prior. Submissions were received as follows: i) Letter from Mr. Greg Corbett, Planscape. Mr. Ellis read the letter, a copy of which is attached. Mr. Nick Popovich, agent, 783 Manitoba Street, Bracebridge, ON, P1L 1W9, attended the meeting. Mr. Popovich provided a brief review of the requested variances and noted the measurements were confirmed by an Ontario Land Surveyor. Discussions with the neighbour s agent, Mr. Corbett, have satisfied the neighbour s concerns and are now supportive of the requests. Mr. Greg Corbett, agent, Planscape 104 Kimberley Ave., Bracebridge, P1L 1Z8, attended the meeting. Mr. Corbett indicated he was in support of the application provided the conditions in the submitted letter are included. No one attended in opposition to the application. Committee had no questions.

22 Minutes Committee of Adjustment March 2, 2012 Page 3 of 10 Resolution Number CA-03-02/03/2012 Member Benson Member Robinson: Be it resolved that Application A- 01/12, (Fleming), to permit the construction of several additions to an existing dwelling and an addition to an existing one storey boathouse which will result in a lot coverage of 10.98% of the lot area within 200 feet from the high water mark and to permit a boathouse to be 36.3 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/dock and a satisfactory Site Plan Agreement be registered on title; ii) That the boathouse and dock shall be restricted to the extent and location as shown on the site plan submitted, dated December 16, 2011, and shall be located no closer to the southerly lot line or its projection that what currently exists; iii) That the maximum length of the southerly dock finger be restricted to what currently exists; and, iv) That the L shaped dock to the north of the boathouse is removed. 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 neighbours are in support with certain conditions and the proposed boathouse will reduce the impact of privacy. b. A-02/12, Webb, Part of Lot 28, Concession 8, (Windermere), Roll # Notice of the Hearing was circulated 15 days prior. Mr. Ellis noted he had received a verbal submission in support of the application via telephone from Anne MacLeod, neighbour, 2408 Winderemere Road. Ms. Terry Ledger, agent, 167 Medora St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger indicated she was available to answer questions. No one attended in support of or in opposition to the application. In response to Committee s question, Mr. Fahner indicated staff occasionally receive telephone calls regarding applications, however, they are usually followed up with a written submission. He noted it was included for Committee s information and Committee can put the appropriate weight on the comment.

23 Minutes Committee of Adjustment March 2, 2012 Page 4 of 10 Resolution Number CA-04-02/03/2012 Member Robinson Member Benson: Be it resolved that Application A- 02/12, (Webb), to permit the construction of an addition (porch) to an existing dwelling 18 feet from the front 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 the proposed porch is actually a greater distance from the travelled road and neighbours did not indicate any concerns. c. A-03/12, Rodriguez, Part of Lot 35, Concession 4, (Port Carling), Roll # Mr. Ellis circulated an aerial photograph indicating shallow water depth in the area, a copy of which is attached. Notice of the Hearing was circulated 15 days prior. Submissions were received as follows: i) Letter of support from Stacey Grant-Thompson. Mr. Ellis read the letter, a copy of which is attached. ii) Letter of support from Susan Ritcey. Mr. Ellis read the letter, a copy of which is attached. Mr. Robert Rodriguez, agent, Old Carriage Road, Mississauga, ON, L5C 1Y6, attended the meeting. Mr. Rodriguez provided a brief history of the property and indicated the Ministry of Natural Resources and Department of Fisheries and Oceans required the dock to remain where it is due to a sensitive fish habitat area. He explained they are requesting an additional two feet for the walkway on the sides of the boathouse for safety reasons. He noted they have small children and was afraid of them falling into the water. Ms. Ann Thiel, 65 Kingsway Crescent, Toronto, ON, M8X 2R5, attended the meeting. Ms. Thiel indicated she was concerned the proposed boathouse would have a negative impact on the fish and wildlife habitat. She also felt the bay was too narrow to support the proposed boathouse. No one attended in support of the application. In response to Committee s questions, Mr. Fahner indicated the applicants would be permitted to reconstruct a boat port, but wish to have a boathouse in its place. Mr.

24 Minutes Committee of Adjustment March 2, 2012 Page 5 of 10 Fahner explained the proposed boathouse height complied with the zoning by-law and noted cupolas are exempt from the height restriction. In response to Committee s question, Mr. Rodriguez indicated he had chosen the design with the cupola because he felt it was more visually appealing, he circulated a copy of the design he had originally considered, a copy of which is attached. Committee asked Ms. Thiel if she preferred a boat port or a boathouse. Ms. Thiel indicated she was opposed to both. Committee had a lengthy discussion regarding the cupola and whether it should be removed. Resolution Number CA-05-02/03/2012 Member Benson Member Robinson: Be it resolved that Application A- 03/12, (Rodriguez), to permit the construction of a boathouse that is to be 18 feet in width and located 59.4 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following condition: i) That 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. 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 existing footprint was used as requested by the Ministry of Natural Resources and the immediate neighbours indicated their support. d. A-04/12, Young, Part of Lot 28, Concession 13, Part 10 on Plan BR-132, (Watt), Roll # Notice of the Hearing was circulated 15 days prior. No submissions were received. Mr. Dan Hornibrook, agent, 3B Orrell Ave., Etobicoke, ON, M9A 1K1, neighbour and future son-in-law of the Youngs. Mr. Hornibrook provided a brief history of the property and reviewed the proposed development. He noted an arborist has been consulted to maintain the vegetation, and the proposed cottage would not be visual from the lake. Mr. Hornibrook explained the applicants propose to use the existing structure footprints to minimize tree removal and disruption of the lakebed.

25 Minutes Committee of Adjustment March 2, 2012 Page 6 of 10 No one attended in support of or in opposition to the application. In response to Committee s questions, Mr. Hornibrook indicated the proposed boathouse is a single storey, and the height of the proposed dwelling would comply with the zoning by-law. Resolution Number CA-06-02/03/2012 Member Benson Member Robinson: Be it resolved that Application A-04/12, (Young), to permit the construction of a new dwelling and shed which will result in a lot coverage of 11% or 3,105 square feet, 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 this approval is consistent with other applications, there will be minimal tree removal and the orientation of the new dwelling is an improvement as to what is existing. Member Murphy left the meeting at 2:35 p.m. e. A-05/12, Ontario Ltd., Trustee, Part of Lot 5, Concession 4, (Wood), Roll # Notice of the Hearing was circulated 15 days prior. Submissions were received as follows: i) Letter of support from Jack and Sandy Young. Mr. Ellis read the letter, a copy of which is attached. ii) iii) Letter of support from Pam and Murray Goring. Mr. Ellis read the letter, a copy of which is attached. Letter of no objection from Paul Hellyer. Mr. Ellis read the letter, a copy of which is attached. Ms. Marion Stendon, applicant/ Trustee, 225 Dunvegan Road, M5P 2P3, attended the meeting. Ms. Stendon indicated she was available to answer questions. No one attended in support of or in opposition to the application.

26 Minutes Committee of Adjustment March 2, 2012 Page 7 of 10 Resolution Number CA-07-02/03/2012 Member Robinson Member Burgess: Be it resolved that Application A-05/12, ( Ontario Ltd., Trustee), to permit the construction of a sundeck 34 feet (at the closest point) from the high water mark and to permit an addition (storage building) to an existing dwelling (under the sundeck) 51 feet six inches 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 proposed sundeck is small and the neighbours indicated their support. f. A-06/12, Honey, Part of Lot 15, Concession 11, Part 1 on Plan 35R-11234, (Medora), Roll # Photos circulated Notice of the Hearing was circulated 15 days prior. Submissions were received as follows: i) Letter of support from Wendy, Mike and Doug Sear. Mr. Ellis reviewed the letter, a copy of which is attached. No one attended in support of or in opposition to the application. Committee agreed to adjourn the application so the applicant could explore other locations for the proposed sleeping cabin. g. A-07/12, Feick, Part of Lot 17, Concession 10, Part 2 on Plan 5574, (Medora), Roll # Mr. Ellis circulated elevation and floor plan drawings to Committee, copies of which are attached. Notice of the Hearing was circulated 14 days prior. Submissions were received as follows: i) Letter of opposition from Diane Adam. Mr. Ellis read the letter, a copy of

27 Minutes Committee of Adjustment March 2, 2012 Page 8 of 10 which is attached. Ms. Terry Ledger, agent, 167 Medora St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger indicated the dock was constructed with the intent to have a boathouse built on top of the dock, however, the dock was built in the wrong location. It would cost in excess of $100,000 to relocate the dock, therefore, that is not an option. Ms. Ledger indicated she was available to answer questions. No one attended in support of or in opposition to the application. In response to Committee s question, Ms. Ledger indicated that due to the nature of the shoreline there is no place for a deck on land so they would like to keep the flat top roof on the boathouse. Committee asked if they would be willing to have part peaked roof and part flat. Ms. Ledger requested the application be adjourned so she could discuss further options with the applicants. Committee agreed to adjourn the application. h. A-08/12, Legrice, Part of Lot 19, Concession 12, Parts 1-3 on Plan 35R-2807, Part of Keewaydin Island, Lake Muskoka, (Monck), Roll # Mr. Ellis noted staff was unable to conduct a site visit to the property due to poor ice conditions and recommended an adjournment until staff could complete a site inspection in the Spring. Notice of the Hearing was circulated 14 days prior. No submissions were received. Ms. Terry Ledger, agent, 167 Medora St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger indicated the property was recently surveyed and noted it appears close, however, it would not be visible from the water and no tree removal would be required. No one attended in support of or in opposition to the application. It was the consensus of Committee to adjourn the application until staff could complete a site inspection. 11. Correspondence 12. Unfinished Business a. Amended Decision, B/35/11/ML, Towsley, Part of Lots 13 and 14, Concession 9, (Watt), Roll #

28 Minutes Committee of Adjustment March 2, 2012 Page 9 of 10 Member Benson left the table as she had indicated a potential pecuniary interest in the matter. Mr. Fahner reviewed the application and noted an additional condition of severance was necessary as the travelled road is partially on the lot to be retained. Committee had no questions. Resolution Number CA-08-02/03/2012 Member Robinson Member Burgess: Be it resolved that the decision of the Committee of Adjustment dated October 6, 2011 for Application B/35/11/ML, (Towsley), is hereby amended by adding the following condition: Condition Number 3: That the portion of the Township Road (Part 3) located on the retained lot be transferred to the Township. The applicant is to fulfill this condition. EXPLANATION OF CHANGES: A draft survey has been prepared and it and it has been found that a portion of Ed Briese Road is located on 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. Member Benson returned to the table. 13. Correspondence: 14. Information Items a. Appeal to Ontario Municipal Board, A-27/11, Elliot, Part of Lot 16, Concession 6, Parts 7-9 on Plan 35R-12561, (Monck), Roll # Mr. Fahner provided a brief history of the application and indicated the Township was successful in defending Committee s decision to approve the application. 15. New Business a. OACA Membership and Attendance at the OACA Conference, June 3-6, 2012, Burlington, Ontario Mr. Fahner reviewed some of the topics to be discussed at this year s conference