1. MEETING CALLED TO ORDER - APPROVAL OF AGENDA 2. DISCLOSURE OF PECUINARY INTEREST & GENERAL NATURE THEREOF

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1 Township of Lake of Bays Municipal Offices Phone (705) Fax (705) Council Meeting (Planning Matters Only) Agenda March 19, 2013 Corporation of the Township of Lake of Bays A G E N D A There will be a regularly scheduled meeting of Council held for Planning Matters only immediately following the Committee of Adjustment meeting held at 9:00 a.m., on March 19, 2013 in the Council Chambers of the Township of Lake of Bays Municipal Offices, Dwight, Ontario. Page NOTE: A closed session, if required, is scheduled to commence at the end of the meeting. 1. MEETING CALLED TO ORDER - APPROVAL OF AGENDA (a) Council (Planning Matters Only) Meeting - March 19, DISCLOSURE OF PECUINARY INTEREST & GENERAL NATURE THEREOF 3. CONSENT AGENDA Items listed under the Consent Agenda are considered routine, and enacted in one motion. However, any Council member may request one or more items to be removed from the Consent Agenda is recorded separate discussion and/or action. Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of the meeting (a) Minutes Adopted - Council (Planning) Meeting Minutes - February 19, 2013 (b) Minutes Received - Committee of Adjustment Meeting Minutes - February 19, 2013 (c) (d) Report - February 2013 Month End Planning Report Report - DP 84/12 LOB, Applicant: Beacom Bigwin Island on Lake of Bays - Carried forward from the meetings of September 18, October 16 & November 20, DEPUTATION/DELEGATIONS 5. REPORTS AND BY- LAWS (a) Amendments to By-laws & Nil (b) Council Variations to Development Permit By-law Page 1 of 85

2 Page Council Meeting (Planning Matters Only) Agenda March 19, 2013 (b) Council Variations to Development Permit By-law (i) (ii) DP 02/13 LOB, Applicant: Bostwick North Tasso Lake Road on Tasso Lake DP 12/13 LOB, Applicant: Guselle East Oxbow Lake Road on Oxbow Lake (c) Section 41 Agreements, Section 51(26) Agreements and Deeming By-laws & Other (i) D 01/12 LOB, Applicant: North Portage Hideaway Wolf Bay Road, on Peninsula Lake By-law (Release & New Section 41 Agreement) (ii) D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Applicant: Northern Lights (Muskoka) Inc. (formerly Echo Valley) Echo Hills Road, Part Lot 12, Con. 11, Lots 11, 12 & 13, Con. 12, Lots 8, 9, 10, 11,12, 13 & Part Lot 14, Con. 13, Part Lots 6 & 7, all of Lot 8 & 13, and Part Lot 14, Con. 14, Franklin Ward Roll Nos , & By-law (Release portion of Section 41 & Section 51(26) Agreements) - Request from the District of Muskoka for Amendments to Agreements Related to the Draft Plan for Vacant Land Condominium File C COMMUNICATION ITEMS AND PETITIONS (a) Supplementary Information [Addenda] 7. NOTICE OF MOTION 8. UNFINISHED BUSINESS 9. CLOSED SESSION / BUSINESS ARISING FROM CLOSED SESSION THAT in accordance with Section 239, (1), (2), (3) and (3.1) of the Municipal Act, c.25, S.O. 2001, as amended, the Council for the Corporation of the Township of Lake of Bays will convene in Closed Session for discussion regarding: (a) Closed Session Meeting Minutes Council - January 22, 2013 Council - February 19, 2013 (b) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Page 2 of 85

3 Page Council Meeting (Planning Matters Only) Agenda March 19, CLOSED SESSION / BUSINESS ARISING FROM CLOSED SESSION (i) Appeal to the Ontario Municipal Board of By-law Amendment Application Z 28/12 LOB (Aiken) (Roll No ) 10. CONFIRMING BY- LAW (a) By-law , being a by-law to confirm the proceedings of the meeting of Council held on March 19, ADJOURNMENT (a) Next Council Meeting on April 9, 2013 Page 3 of 85

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19 Agenda Item # 3(b)... Township of Lake of Bays Municipal Offices Phone (705) Fax (705) Committee of Adjustment - February 19, 2013 The Corporation of the Township of Lake of Bays M I N U T E S There was a regularly scheduled meeting of Committee of Adjustment held at 9:00 a.m., on February 19, 2013 in the Council Chambers of the Township of Lake of Bays Municipal Offices, Dwight, Ontario. Attendance Mayor Councillors Planner Secretary-Treasurer Chief Administrative Officer Robert Young Shane Baker Virginia (Ginny) Burgess Terry Glover Robert Lacroix Ruth McEachern Ross Nancy Tapley Stefan Szczerbak Kelly Stronks Don Chevalier (arrived at 10:15 a.m.) 1. MEETING CALLED TO ORDER The meeting was called to order on Tuesday, February 19, 2013 at 9:10 a.m., in the Council Chambers at the Township of Lake of Bays Municipal Office in Dwight, Ontario by Acting Chair Robert Lacroix, to hear all the applications before the Committee of Adjustment dealing with Minor Variances and Consents under the authority of the provisions of the Planning Act and the delegation authority of the District Municipality of Muskoka. All applications to be considered have been circulated in accordance with the Planning Act and the regulations pertaining to Minor Variances, to Consent procedures, and in accordance with the provisions of the District Municipality of Muskoka Act, the District Official Plan and the Township of Lake of Bays Official Plan. 2. APPROVAL OF AGENDA (a) Announcement of oral or written submission requirement if filing an appeal (b) Approval of Agenda dated February 19, 2013 Resolution # 2(b)/02/19/13 Councillor Glover and Councillor Burgess Minutes Received - Committee of Adjustment Meeting Minutes - Page 19 of 85

20 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 2 of 8 The Committee hereby approves the Agenda of the Committee of Adjustment for the Township of Lake of Bays for the meeting of February 19, 2013, as amended as follows: 8. CORRESPONDENCE (a) Supplementary Information re: B 01/13 LOB (Gaasenbeek) 1. Paulie Engler, letter of concern 2. Paul Knill, letter of concern 3. David Jefferies, letter of concern 4. Tony & Geraldine Loginow, letter of concern 5. Bill Cook & Sharon Cotterill-Cook, letter of concern 6. Patrick & Ellen Dormer, letter of concern 7. Robert Brinkman, letter of concern 8. Dennis & Joanne Bradley, letter of concern 9. Dr. John Jefferies, letter of concern 10. Frederick, Christopher and Linda Allcock, letter of concern 11. Ray and Rena Arbic, letter of concern 12. Joe Natale, letter of support 13. Robert Brinkman & Ulrike Walter, letter of concern 14. Proposed Amended Sketch for B 01/13 LOB (Gaasenbeek) CARRIED (c) Consideration of hearing matters in accordance with the Planning Act Resolution # 2(c)/02/19/13 Councillor Tapley and Councillor Glover The Committee of Adjustment hereby constitutes itself for the purpose of hearing matters in accordance with the Planning Act, namely Minor Variances and Consents. CARRIED 3. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF Nil 4. DEPUTATION / DELEGATIONS Nil 5. MINUTES (a) Adoption of January 22, 2013 Committee of Adjustment Minutes Minutes Received - Committee of Adjustment Meeting Minutes - Page 20 of 85

21 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 3 of 8 Resolution # 5(a)/02/19/13 Councillor Baker and Councillor Ross The Committee hereby adopts the Minutes of the Committee of Adjustment for the Township of Lake of Bays for the meeting of January 22, 2013 as circulated. CARRIED 6. MINOR VARIANCES Nil 7. CONSENTS (a) B 16, 17 & 18/12 LOB, Applicant: Esson Farms Ltd Lots 27 & 28, Con. 6, Lots 29 & 30, Con. 5, Ridout Ward, 1300 South Ril Lake Road, on Porcupine Lake Roll Nos: , & (all registered as Parcel 18200) Agent: Wayne Simpson & Associates -Carried forward from the meetings of Aug. 21, Oct. 16, Nov. 20, Dec. 11, 2012 and Jan. 22, 2013 Mr. Savas Varadas, agent, was present to represent the application Mr. Szczerbak presented the staff report and recommended deferral of the applications to September to allow the necessary field work to be carried out Mr. Varadas advised that there had been an extensive work plan developed that had been shared between all of the ecologists, and he stated that he had no concern with the deferral There was no one present in the gallery to speak to the application There were no questions or comments from Committee Mayor Young read the following resolution: Resolution # 7(a)/02/19/13 Councillor Baker and Councillor Ross WHEREAS the Committee of Adjustment for the Township of Lake of Bays receives the staff report Consent Applications B 16, 17 & 18/12 LOB (Esson Farms Ltd.), 1300 South Ril Lake Road dated February 19, BE IT RESOLVED THAT applications B 16, 17 & 18/12 LOB (Esson Farms Ltd.) be DEFERRED to the meeting of September 17, 2013 to allow additional time for the continued review of the sensitive Minutes Received - Committee of Adjustment Meeting Minutes - Page 21 of 85

22 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 4 of 8 environmental features (streams, wetlands, fisheries, etc) to be conducted during the appropriate season as well as the other deficiencies noted in the previous planning report and that this information be peer reviewed in accordance with the applicable Official Plan policies. CARRIED (b) B 01/13 LOB, Applicant: Francine Gaasenbeek Part Lot 1, Con. 14, Ridout Ward, Bobshire Road, on Lake of Bays Roll No.: Agent: John P. Gallagher & Associates Mr. Matthew Gaasenbeek, owner, and Mr. John Gallagher, agent, were present to represent the application Mr. Szczerbak reviewed the staff report and described the proposal using the amended sketch that portrayed staff s recommendation. He advised that numerous correspondence had been received from adjacent landowners, and he summarized their basic concerns Mayor Young asked if the area of the severed lot would be in excess of 4 ac if it was re-configured as per staff s recommendation. Mr. Szczerbak confirmed this Councillor Ross asked where the proposed public access was. Mr. Szczerbak described the grey area on the sketch as being the land to be transferred, and that access would be from Patrick Road Mr. Gallagher spoke to building envelopes B and C, and acknowledged that B could pose a visual impact, but that the steep slopes that related to C did not really start until the rear of the envelope, and that C was a level area. He stated that once the severed lot was added to the benefitting lot, the resulting lot would have frontage on a year round municipally maintained road (Bobshire Road). He stated his agreement that a consent agreement was a good way to protect deer wintering habitat as well as vegetation on the steep slopes. He advised that if his client was allowed to build on C, the development would be further away from Patrick Road and therefore should pose fewer concerns for residents of that road. He stated that he and his client felt that C was a viable building envelope, and that the closing of the Original Road Allowance was a condition, and given the concerns of the neighbours perhaps they had not been aware of the application to close a portion of the allowance. He asked that 1(b) be removed and replaced with another one Mr. Gaasenbeek stated that it was his intent to do generational planning, and they have a large lot that he and his wife plan to retire to. He advised that his children and potential grandchildren would benefit from being able to build on C, and that they were trying to sever to give flexibility to build on C rather than on A, which fronts onto Patrick Road Councillor Tapley clarified that the lot configuration proposed by staff would not work for him; Mr. Gaasenbeek agreed. She then wondered why straight lines were of such a concern to staff. Mayor Young asked Mr. Szczerbak why straight lines mattered so much. Mr. Szczerbak Minutes Received - Committee of Adjustment Meeting Minutes - Page 22 of 85

23 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 5 of 8 explained his position and that the Official Plan provided for regularity of lot configurations Mr. Gallagher advised that the allowance would provide a buffer to the properties on Patrick Road. Councillor Tapley concurred with this The following persons from the gallery spoke: Mr. Patrick Dormer, 1081 Patrick Road He stated that he was one of seven cottage owners south of Lot 9, and that his neighbours were supporting his position on this as well. He referred to the staff report and the sketch, and advised they had two major issues: 1) the closure of the road allowance; and 2) development that would occur behind and above them He referred to the allowance, and that the seven lots at the end of the road would be landlocked. He stated they had been there for 30 years, and that at the time they had bought their property a temporary road had been put in by the owner at the time to sell the lots. He advised that it had been their understanding that the allowance was there for life, and could potentially be a township road one day. He stated that the terrain on the proposed exchange land is difficult and would involve a few 90 degree turns on an upslope, and he was not sure if road construction on it could meet Township road standards Respecting building envelope C, he noted that development had already begun as the owner had already began to prepare the site with approximately 6,000 sq ft of imported rock. He stated that, as planning staff were aware, there was a significant slope that ran along this area and was shown on the District of Muskoka mapping website, and he provided a printout of a map of this. He referred to the steep slopes and wondered what would happen to stormwater, and wondered if horse and manure storage was proposed as it was their understanding the owner s family were horse enthusiasts. He noted mention of the log tower and that it had been built without a permit, which made them nervous about what other activities may happen without approvals. This point of land is a prominent point of land in a busy part of the lake, and he believed that site C would be visible from the lake, and that proposals to stack buildings behind existing cottages are likely not in accordance with the Official Plan Councillor Baker noted that the land swap may not work, and that swapping it for land that may be difficult to traverse is not a reasonable swap. Mr. Szczerbak advised that the land in question for the exchange had already been approved by Council, and it did contain steep slopes, but staff had not traversed all of it Mr. Dormer stated that the imposing turns proposed by the swap was not fair in their mind, as it will make future road building difficult. He questioned that they had received no notice for the closure. He was advised that it had been advertised on the Township s website and in the newspaper Mr. David Jefferies, 1043 Patrick Road He outlined the concerns he had noted in his correspondence and asked for a deferral of the application Minutes Received - Committee of Adjustment Meeting Minutes - Page 23 of 85

24 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 6 of 8 Further Council Deliberations: Mr. Gallagher referred to the allowance and said that realistically a road would never be constructed from Patrick Raod down to the cottages below Lot 9, and that this allowance was really for pedestrian access, not vehicular. He noted that terrain was quite varied when travelling down Patrick Road. Regarding manure storage, he advised that horse stables would not be permitted under the current by-law designation. Respecting the impact of building envelope C, the majority of residents look east and not west back towards site C. He stated that by removing envelope B, this should address concerns on steep slopes, and that they may build an accessory building on A. He also speculated that perhaps the allowance closure could be removed from the scenario, and create the lot and tie it and Lot 9 together through zoning. He advised that his clients were within their rights to clear site C, as it was in excess of 550 ft from the shoreline Mr. Gaasenbeek echoed Mr. Gallagher s comment that the building of a road was unlikely, and that if he could get a building on site C he did not see the need to close the allowance. He advised that he thought the allowance closure swap was a bit of a red herring. Mr. Szczerbak stated that the proposal would only work with the closure of the allowance in order that the lots would merge in title Mayor Young stated that council had input to building on that land, and noted the presence of severe slopes, and that a deferral would allow staff time to draft an appropriate provisional decision Councillor Glover stated his agreement with Mayor Young, and that the deferral would allow time for neighbours who were not so aware of proposal to digest it Councillor Ross stated her agreement with the deferral, and that she wanted only one envelope shown, and to know what the plans were for a building, and agreed with Mr. Dormer that this land was high and visible from the lake Councillor Burgess agreed with the original proposal, but agreed to the deferral for clarification purpose Councillor Tapley stated that she did not have a concern with the shape of the lot, but that she would like to see a cleaner plan for the benefit of the neighbours, and that the number of building envelopes be reduced. She noted that where someone wishes the Township to take over a road, it involved a long and expensive process, and that even then there was no guarantee that the Township would take it over Mayor Young read the following resolution: Resolution # 7(b)/02/19/13 Councillor Glover and Councillor Burgess WHEREAS the Committee of Adjustment for the Township of Lake of Bays receives the staff report "Consent Application B 01/13 LOB (Gaasenbeek), Bobshire Road", dated February 19, Minutes Received - Committee of Adjustment Meeting Minutes - Page 24 of 85

25 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 7 of 8 BE IT RESOLVED THAT the Committee of Adjustment for the Corporation of the Township of Lake of Bays, hereby DEFERS application B 01/13 LOB (Gaasenbeek) to the meeting of March 19, 2013 to allow time for clarification of the proposal. CARRIED (c) B 07/13 LOB, Applicants: John & Marilyn Saunders Part Lot 4, Con.1, Franklin Ward, Delbrooke Road, on Lake of Bays Roll No: Agent: E.J. Williams Surveying Limited Mr. Ted Williams, agent, was present, and he requested deferral of the application as his client had concerns with condition 3 of the recommended Provisional Decision, which required him to enter into a License of Occupation. Committee had no concerns with the request and the matter was deferred There was no one present in the gallery to speak to the application Mayor Young read the following resolution: Resolution # 7(c)/02/19/13 Councillor Baker and Councillor Ross WHEREAS the Committee of Adjustment for the Township of Lake of Bays receives the staff report "Consent Application B 07/13 LOB (Saunders), Delbrooke Road", dated February 19, BE IT RESOLVED THAT application B 07/13 LOB (Saunders) be DEFERRED to the meeting of March 19, CARRIED 8. CORRESPONDENCE (a) Supplementary Information The following correspondence was received respecting application B 01/13 LOB (Gaasenbeek): 1. Paulie Engler, letter of concern 2. Paul Knill, letter of concern 3. David Jefferies, letter of concern 4. Tony & Geraldine Loginow, letter of concern 5. Bill Cook & Sharon Cotterill-Cook, letter of concern 6. Patrick & Ellen Dormer, letter of concern 7. Robert Brinkman, letter of concern 8. Dennis & Joanne Bradley, letter of concern 9. Dr. John Jefferies, letter of concern 10. Frederick, Christopher and Linda Allcock, letter of concern Minutes Received - Committee of Adjustment Meeting Minutes - Page 25 of 85

26 Agenda Item # 3(b)... Township of Lake of Bays Committee of Adjustment Meeting of February 19, 2013 Page 8 of 8 9. UNFINISHED BUSINESS Nil 10. CLOSED SESSION Nil 11. Ray and Rena Arbic, letter of concern 12. Joe Natale, letter of support 13. Robert Brinkman & Ulrike Walter, letter of concern 14. Proposed Amended Sketch for B 01/13 LOB (Gaasenbeek) 11. BUSINESS ARISING FROM CLOSED SESSION Nil 12. ADJOURNMENT (a) Next Committee of Adjustment Meeting on March 19, 2013 Resolution # 12(a)/02/19/13 Councillor Burgess and Councillor Glover BE IT RESOLVED THAT the Committee of Adjustment for the Township of Lake of Bays hereby adjourns the meeting of February 19, 2013 at 10:20 a.m. CARRIED Minutes Received - Committee of Adjustment Meeting Minutes - Page 26 of 85

27 Agenda Item # 3(c)... Report - February 2013 Month End Planning Report Page 27 of 85

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31 Agenda Item # 3(d)... Report - DP 84/12 LOB, Applicant: Beacom Page 31 of 85

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37 Agenda Item # 5b(i)... DP 02/13 LOB, Applicant: Bostwick North Tasso Page 37 of 85

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49 Agenda Item # 5b(ii)... DP 12/13 LOB, Applicant: Guselle East Oxbow Page 49 of 85

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59 Agenda Item # 5c(i)... D 01/12 LOB, Applicant: North Portage Hideaway - Page 59 of 85

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75 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 75 of 85

76 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 76 of 85

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78 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 78 of 85

79 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 79 of 85

80 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 80 of 85

81 Agenda Item # 5c(ii)... D 03/13 LOB (Section 41) & C 01/13 LOB (Section 51 [26]) Page 81 of 85

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83 Agenda Item # 6(a)... Supplementary Information Page 83 of 85

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