MINUTES - INAUGURAL MEETING Monday, December 1, 2003

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - INAUGURAL MEETING Monday, December 1, 2003 The Inaugural Meeting of the Municipal Council of The Corporation of The Township of Muskoka Lakes was held on Monday, December 1, 2003, at 11:30 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: Officials Present: Mayor Susan Pryke J. W. McDivitt - Clerk Administrator C. Mortimer - Deputy Clerk Councillors: N. Donald - Development Services Coordinator L. Troup - Public Works Superintendent Adele Fairfield S. Fahner - Director of Planning Mary Grady K. Morrow - Fire Chief Ruth Nishikawa Nancy Thompson Don Goltz Ian Wallace Stewart Martin Karen Ellis Brian Hare 1. Meeting Called to Order by the Clerk Administrator a. The Clerk Administrator called the meeting to order at 11:30 a.m. and welcomed everyone in attendance. 2. Declaration of Election Results by the Clerk Administrator a. The Clerk Administrator officially declared the successful candidates to the Offices of Mayor and Council for the 2003 Municipal Election as follows: For the Office of Mayor: - Susan Pryke For the Office of District and Township Councillor: Ward A - Adele Fairfield Ward B - Nancy Thompson Ward C - Stewart Martin Inaugural Council Minutes December 1, Page #1

2 Inaugural Council Minutes December 1, Page #2 For the Office of Township Councillor: Ward A - Mary Grady - Ruth Nishikawa Ward B - Don Goltz - Ian Wallace Ward C - Karen Ellis - Brian Hare 3. Declaration of Office to be executed by the Clerk Administer a. The Clerk Administrator congratulated the new members of Council on being elected and administered the required Declaration of Office to the successful candidates of the 2003 Municipal Election. The Council members signed their Declarations and the Clerk Administrator officially declared them elected to office. The Clerk Administrator introduced Rev. Powell for the Invocation. 4. Invocation by Reverend Don Powell a. Rev. Powell delivered the invocation to Council. 5. Introduction of Municipal Officers by the Clerk Administer a. The Clerk Administrator introduced the Municipal Officers to Council as follows: Director of Planning Development Services Coordinator Public Works Superintendent Deputy Clerk Fire Chief - Steve Fahner - Neil Donald - Len Troup - Cheryl Mortimer - Kevin Morrow The Clerk Administrator introduced Mayor Pryke for her Inaugural Address. 6. Inaugural Address by Mayor Susan Pryke a. Mayor Pryke delivered her Inaugural Address conveyed to Council, staff and invited guests that it was a great honour to represent the Township of Muskoka Lakes as Mayor and looked forward to the next three year term. A copy of the inaugural address is attached. Mayor Pryke presented her recommendations for appointments to Standing Committee s and other various Boards and Committees. These recommendations are subject to ratification by Council at the first regular meeting to be held on Monday, December 8th, A copy of the Committee assignment is attached. Inaugural Council Minutes December 1, Page #2

3 Inaugural Council Minutes December 1, Page #3 The Clerk Administrator introduced the Hon. Andy Mitchell, Member of Parliament for the riding of Parry Sound Muskoka and the Secretary of State for Rural Development and FedNor for the Government of Canada. 7. Address by the Hon. Andy Mitchell, MP, Parry Sound - Muskoka a. The Hon. Andy Mitchell congratulated the newly elected members of Council on behalf of the federal government. The Clerk Administrator introduced Norm Miller, Member of Provincial Parliament for the riding of Parry Sound Muskoka. 8. Address by Norm Miller, MPP, Parry Sound - Muskoka a. Norm Miller congratulated the newly elected members of Council on behalf of the provincial government. 9. Proceedings By-law a. Resolution Number C-1-12/01/03 Councillor Thompson Councillor Nishikawa : Be it resolved that By-law , being a by-law to confirm the proceedings of the Inaugural Meeting of Council held on the 1 st day of December, 2003, be read a first, second, and third time and finally passed. 10. Adjournment a. Mayor Pryke thanked everyone for attending the inaugural meeting and extended an invitation to all to attend the reception following adjournment. Resolution Number C-2-12/01/03 Councillor Nishikawa Councillor Thompson : Be it resolved that this meeting adjourn at 11:45 a.m. and the next regular meeting of Council will be held on Monday, December 8th, 2003, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. Mayor Susan Pryke J. W. McDivitt, Clerk Administrator Inaugural Council Minutes December 1, Page #3

4 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Wednesday, December 10, 2003, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: Members: Officials Present: Adele Fairfield- Chair Karen Ellis S. Fahner - Secretary Treasurer Nancy Thompson Mary Grady A. Ghikadis - Development Planner Ian Wallace A. Glazier - Committee of Adjustment Administrator Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa Stewart Martin Don Goltz Brian Hare Regrets: 1. Meeting Called to Order Mr. Fahner called the meeting to order at 9:03 a.m. Resolution Number: CA-01-10/12/2003 Member Hare Member Goltz: Be it resolved that Adele Fairfield be appointed as Chair for the Committee of Adjustment. Resolution Number: CA-02-10/12/2003 Member Goltz Member Hare: Be it resolved that Stephen Fahner be appointed as Secretary-Treasurer for the Committee of Adjustment. Chair Fairfield noted that the new Committee members could not sign resolutions for items 8.a., 9.a. and 9.c., and could not have a vote on these items, as they were not present at the original hearing. 2. Declaration of Conflict of Interest 3. Adoption of Minutes a. A copy of the Minutes dated October 22, 2003, is attached. Resolution Number: CA-01-10/12/2003 Member Pryke Member Martin: Be it resolved that the minutes dated October 22, 2003 be adopted and approved as circulated. Minutes Committee of Adjustment December 10, 2003, Page #1

5 Minutes Committee of Adjustment December 10, Delegations a. Mr. Paul Donaldson attended the meeting re: Item 8.a., Correspondence, French. b. Mr. Doug Fitzmaurice attended the meeting re: Item 9.a., Unfinished Business, Hoveson and McNair. c. Mr. Ron Brent and Mr. Robert List attended the meeting re: Item 9.c., Unfinished Business, Ontario Ltd. 5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. Nil. 6. Hearing of Consent Applications a. B/83/03/ML, Pratcshler, Part of Lot 31, Concession 4, (Watt), A verbal report was presented. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached. Ms. Ghikadis stated that staff inspected the property. There are no terrain constraints, and only a small portion of the property fronts onto a narrow waterbody. Building sites do exist. Staff noted Section 7.44 of By-law that allows accessory structures without a main dwelling to remain for a period of three (3) years when the lands are subject to consent. This section of the by-law is not enforced, however, if a municipal search is requested, and no main use has been established, staff would comment that the accessory structure (ie. boathouse) is illegal. Both of the lots comply with zoning and staff had recommended approval with conditions. Ms. Margaret Walton, Planscape, 103 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton noted that the fish habitat is located on the lot that has the existing development (the proposed retained lot). The deer habitat that was noted is on the proposed severed lot, which is subject to site plan control. The applicant is re-developing the existing cottage and has obtained approval for a septic system. They intend to keep both of the lots. No one else attended in support or opposition to the application. Minutes Committee of Adjustment December 10, 2003, Page #2

6 Minutes Committee of Adjustment December 10, 2003 In answer to Member Pryke s question, Ms. Ghikadis stated that Mr. Bos does not want the deeds stamped until all the septic issues are dealt with. In answer to Chair Fairfield s question, Ms. Walton stated that a septic application was approved in the back triangle of the lot to be retained. In answer to Member Hare s questions, Mr. Fahner stated that cash-in-lieu is a condition as the existing boathouse is non-habitable. Resolution Number: CA-04-10/12/2003 Member Martin Member Pryke: Be it resolved that Consent be granted for Application B/83/03/ML, (Pratcshler) 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 sewage system servicing the dwelling is located on the proposed severed lot. A replacement sewage system must be installed and approved and be 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. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). b. B/84/03/ML, Coate, Part of Lot 33, Concession 2, (Cardwell), A verbal report was presented. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: Minutes Committee of Adjustment December 10, 2003, Page #3

7 Minutes Committee of Adjustment December 10, 2003 i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached. Ms. Ghikadis stated that staff had no objection provided all conditions are met. Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario, P1L 1V2 attended the meeting as agent for the applicant to answer any questions. No one else attended the meeting in support or in opposition of the application. Resolution Number: CA-05-10/12/2003 Member Pryke Member Ellis: Be it resolved that Consent be granted for Application B/84/03/ML, (Coate), provided the following condition is fulfilled: 1. A registrable 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. The severed lot is to be added to the abutting lot currently in the ownership of Malcolm Coate and Charles Coate. 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. No new additional lots are being created. This application is a change in lot lines only. Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Minutes Committee of Adjustment December 10, 2003, Page #4

8 Minutes Committee of Adjustment December 10, 2003 c. B/85/03/ML, Ceschia and Fletcher, Part of Lot 18, Concession 3, (Medora), A copy of the report was attached to the agenda. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Two (2) letters were received from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letters aloud, copies of which are attached. ii) iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached. Letters received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached. Doris Roberts Elizabeth Robinson Ms. Ghikadis stated that staff recommended that the application be deferred so the applicant could obtain an engineering report to confirm the suitability of the severed lot for development. Ms. Evelyn Ceshcia, Box 125, Bala, Ontario P0C 1A0 attended the meeting. Ms. Ceschia stated that proposed retained Lot 1 and Lot 2 had new septic systems installed in The existing buildings on the property were constructed in 1937 and She noted that the water levels are high but stated that the proposed severed lot is a deep lot that meets the criteria. Ms Ceschia stated that they would move the lot line if needed. In answer to Member Thompson s questions, Mr. Fahner stated that it is difficult one for staff as the Official Plan conflicts the Zoning By-law. Staff tends to lean towards the most recent document. Mr. Fahner stated that Butterfly Lake is not at capacity. Ms. Ghikadis stated that an engineer s report would ensure confirmation of suitable building sites. Member Nishikawa commented that she would prefer to see two lots instead of three in this area. Ms. Ceschia indicated that the applicants prefer to leave the application as submitted. In answer to Member Pryke s question, Mr. Fahner stated that a surveyor locates lot lines and the highwater mark, whereas an engineer may dig test holes for soils, and confirm flood plain areas. Mr. Fahner added that at the time of the lot creation proposal is the time an engineer s report should be done. Minutes Committee of Adjustment December 10, 2003, Page #5

9 Minutes Committee of Adjustment December 10, 2003 Resolution Number: CA-06-10/12/2003 Member Ellis Member Pryke: Be it resolved that this Consent Application B/85/03/ML, (Ceschia/Fletcher), be adjourned until a satisfactory site evaluation report is submitted for the severed lot. Mr. Fahner stated that if the building location is proposed to be 150 feet back from the lake, staff requested that this should be incorporate into a by-law amendment. Other matters may need to be in a consent agreement. d. B/86/03/ML, Thiel, Part of Lot 35, Concession 4, (Port Carling), A copy of the report was attached to the agenda. A verbal report was presented. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. iii) iv) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached. Letter received from the following. Ms. Ghikadis read the letter aloud, a copy of which is attached. John Thompson Ms. Ghikadis stated that both of the lots meet the minimum requirements however, staff is concerned with the proposed lot configurations. There is ample room to move the lot line to a better location and requested that the application be adjourned so a surveyor could confirm accurate measurements. As per the District of Muskoka s comments, staff requested confirmation of the cabins and of their location. Mr. Dave Montgomery, 100 West Mall, Bracebridge, Ontario P1L 1Z1 attended the meeting as agent for the applicant. Mr. Montgomery stated that the applicants wish to construct a small cabin on the proposed retained lot and noted that there is ample room for a septic system. Mr. Graham Alloway, 226 Inglewood Drive, Toronto, Ontario M4T 1J1 attended the meeting. Mr. Alloway stated his concerns and requested that Committee adjourn the application so more information could be submitted. (ie. confirmation of the lot lines). Based on the material that was filed, he noted that he would not be in support and wishes to have an informed opinion when accurate information is supplied. Minutes Committee of Adjustment December 10, 2003, Page #6

10 Minutes Committee of Adjustment December 10, 2003 Mr. Bill Grimmett, Box 365, Port Carling, P0B 1J0 attended the meeting representing the Ely family. He requested an adjournment and a re-circulation of an accurate sketch by a surveyor. Mr. Peter Ely, (adjacent property owner), 116 Alexandra Blvd, Toronto, Ontario M4R 1M2 attended the meeting. Mr. Ely requested adjournment of the application. In answer to Member Nishikawa s questions, Ms. Ghikadis stated that there is an old foundation on the proposed retained lot that is 13 metres (42 feet) from the water. Mr. Montgomery stated that an amended application would be submitted. The applicant has hired Mr. Tom Bunker to survey the property. Member Hare commented that an amended application should be submitted that includes all shoreline structures. Member Ellis concurred and wants confirmation of the sleeping cabins that have kitchens. Member Pryke concurred. Mr. Alloway requested that any new material be provided to the circulation list. Mr. Fahner stated that the scale should be at 1 = 50 and staff will re-circulate the application to those present. Resolution Number: CA-07-10/12/2003 Member Pryke Member Ellis: Be it resolved that Consent Application B/86/03/ML, (Thiel), be adjourned in order to confirm the proposed lot lines in relation to the existing buildings and sewage system locations. e. B/87/03/ML, Cole, in Trust, Part of Marlatt s Island, Skeleton Lake, (Cardwell), A copy of the report was attached to the agenda. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached. Letter received from Ruth Overton. Ms. Ghikadis read the letter aloud, a copy of which is attached. Minutes Committee of Adjustment December 10, 2003, Page #7

11 Minutes Committee of Adjustment December 10, 2003 Ms. Ghikadis stated that staff inspected the subject property on November 21, All of the lots are currently vacant. There are good building sites on both of the severed lot and retained lot # 2. There is one building site on retained lot #1 that does not require significant site alteration (ie. blasting). A lot line adjustment is needed to facilitate the location of a septic system. Mr. Michael Head, 3306 Lakeland Crescent, Burlington, Ontario L7N 1B8 attended the meeting as agent for the applicant. Mr. Head noted that approval was given for a class 4f septic system in 1988 and stated that Mrs. Cole will move a lot line if required for a suitable site. No one attended in support of or in opposition to the application. In answer to Member Goltz s question, Ms. Ghikadis stated that when the Province downloaded responsibilities of the Ministry of Natural Resources (MNR) to the municipalities, the MNR had not identified fish habitat on all of the lakes and requested the municipality to treat un-identified as significant fish habitat. Mr. Fahner added that the Department of Fisheries and Ocean does grant approval for pipe or pile docks. If the MNR thought fish habitat on the lake was a priority, they would have mapped it. In answer to Member Pryke s question, Ms. Ghikadis stated that the previous approval given for a septic system was given prior to the Building Department issuing septic permits. The Ontario Building Code has become more stringent. Resolution Number: CA-08-10/12/2003 Member Ellis Member Grady: Be it resolved that Consent be granted for Applications B/87/03/ML, (Cole, in Trust), 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 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. This Agreement is to be registered on title. 3. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any lot line be adjusted, if necessary. 4. Building sites on Retained Lot #1 be identified through a site specific zoning by-law amendment. 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. Minutes Committee of Adjustment December 10, 2003, Page #8

12 Minutes Committee of Adjustment December 10, 2003 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). f. B/88/03/ML, Ontario Limited, Part of Lot 24 and 25, Concession 11, (Medora), A verbal report was presented. Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating District Staff had no objection in principle to the proposed consent as currently proposed. A copy of the letter is attached. Ms. Ghikadis stated that the application has been made to discharge a mortgage that is combined with The Rock Golf Course and Red Leaves Lodge. She noted that this section of the Planning Act is very seldom used. Ms. Margaret Walton, Planscape, 103 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that there would be no impact on any previous planning approvals. Committee had no questions. Resolution Number: CA-09-10/12/2003 Member Ellis Member Grady: Be it resolved that Consent be granted for Applications B/88/03/ML, ( Ontario Limited), being a partial discharge of mortgage only. 1. A registerable description of the subject lands be submitted to the Secretary-Treasurer along with a registered copy of the reference plan, if necessary. REASONS: This application is for a partial discharge of mortgage only. Minutes Committee of Adjustment December 10, 2003, Page #9

13 Minutes Committee of Adjustment December 10, 2003 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 Minor Variance Applications a. A-47/03, Gammon, Part of Lot 17, Concession 3 and 4, (Medora), Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 13 days prior. Staff inspected the subject lands. The addition abuts Township owned property, and will be visible but well setback from the road. Staff had no concern with the addition. Staff noted that a previous By-law was passed in 1990 (90-172) to allow the dwelling to be setback 12 feet from the side lot line. The survey shows it to be 10.9 feet at the closest point. No one attended the meeting in support or in opposition to the application. Committee had no questions. Resolution Number CA-10-10/12/2003 Member Ellis Member Grady: Be it resolved that Application A- 47/03, Gammon, to allow for the construction of an addition to the existing dwelling which is to be located 8 feet from the rear lot line (at the closest point), as shown on the plan attached to the Notice of Decision, is hereby granted. 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 proposed addition will have minimal impact on the neighbouring property and is well screened from the road. Minutes Committee of Adjustment December 10, 2003, Page #10

14 Minutes Committee of Adjustment December 10, 2003 b. A-48/03, Islip, Part of Lot 20, Concession 7, (Medora), Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 13 days prior. No submissions were received. Staff inspected the property on December 8, The property is level and there will be very little site preparation. There are large single storey dwellings in the area. The proposed structure would not block any view and staff had no objection to the proposed. Mr. Rick Sanqwin, Box 51, Minett, Ontario P0B 1G0 attended the meeting to answer any questions on behalf of the applicant. No one else attended the meeting. In answer to Member Nishikawa s question, Ms. Ghikadis stated the second storey is proposed to be 650 square feet. Resolution Number CA-11-12/10/20003 Member Ellis Member Grady: Be it resolved that Application A-48/03, Islip, to allow for the construction of a two storey garage which will result in a height of 22 feet, as shown on the elevation drawing which is attached to the Notice of Decision, is hereby granted. 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 garage will not be highly visible, there will be minimal impact on the neighbouring properties. The Committee noted that the cabin will now be on the second floor of the garage instead of a two storey boathouse. c. A-51/03, Hill, Part of Lot 33, Concession 13, (Monck), Ms. Ghikadis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 13 days prior. No submissions were received. Minutes Committee of Adjustment December 10, 2003, Page #11

15 Minutes Committee of Adjustment December 10, 2003 Staff inspected the property on December 5, Ms. Ghikadis commented that the agent had marked out the proposal, which was very helpful. It will be well setback and screened from the water. The dwelling on the neighbouring lot is well over 100 feet away. There is a mix of birch, pine and hemlock trees. It would be difficult to provide buffering, as the proposal is so close to the lot line. The property is large and staff felt there were appropriate locations where a complying building could be built. Staff also noted that there is a history with land exchanges with the neighbouring property. Mr. Fred Dyck, RR 1, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Dyck addressed the fact that it is a large property, and reviewed photos of the property and the proposal. The other locations noted by staff are not logical as the applicants wish to keep the natural rock surface of the subject land. Photographs of the property were circulated. Mr. Gary Clayton, 137 Davis Crescent, Windsor, Ontario N8N 2Z4 attended the meeting with concerns about the proposal. He felt it is an aggressive application, with the potential to have a negative impact with his property value. He prefers the applicant to maintain the setback. He wishes to maintain a positive relationship with the applicant. In answer to Member Pryke s question, Mr. Dyck stated that there is a sleeping cabin in the boathouse. Member Pryke noted her concerns with the unfinished storage space in the second storey of the proposed garage. Mr. Dyck stated that it is to be used for storage only as the basement in the main building is not accessible. Member Hare commented that the roof has gable ends on four sides and how do we ensure that the storage area is not converted to a sleeping cabin. Mr. Fahner stated that staff only acts on a written complaint. Resolution Number CA-12-10/12/2003 Member Goltz Member Pryke: Be it resolved that Application A- 51/03, Hill, to allow for the construction of a 1 ½ storey garage which is to be located 5 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby denied. REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, is not suitable development for the enjoyment of the property, 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 proposed garage can comply with the requirements of the by-law due to the size of the subject land. The location of the proposed garage will have an impact on the abutting lot. d. A-52/03, Cryer, Part of Lot 6 and 7, Concession 8, (Medora), Ms. Ghikadis explained the history, nature and location of the application/property. Minutes Committee of Adjustment December 10, 2003, Page #12

16 Minutes Committee of Adjustment December 10, Correspondence Notice of the Hearing was circulated 13 days prior. Photographs of the subject property were circulated to Committee. No submissions were received. Staff inspected the subject property on December 9, The property has extreme slopes and is characterized by a steep rock face. The dwelling is close to the water and was constructed circa 1962, and predates any by-law requirements. Other than directly in front of the dwelling, the lot is well vegetated with conifers. The vegetation will provide good screening for the boathouse, which will not block anyone s view. Ms. Ghikadis noted the shoreline structures in the bay. She also noted that lot coverage is not changing as this will be a second storey addition only. Calculations indicate that lot coverage is 9.5%. Mr. Barry Gonneau, RR # 1, Port Carling, Ontario P0B 1J0 attended the meeting to answer any questions. No one else attended the meeting in support of or in opposition of the application. Resolution Number CA /12/2003 Member Goltz Member Pryke: Be it resolved that Application A- 52/03, Cryer, to allow for the construction of a second storey onto the existing boathouse with the lot frontage of 199 feet, as shown on the plan attached to the Notice of Decision, is hereby granted. 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 variance requested is very minimal and there will be minimal impact on the neighboring properties. The proposed boathouse will not be out of character for the surrounding area. a. Correspondence received from Mr. Paul Donaldson, Agent, B/21/03/ML, French, Part of Lot 32, 33 and 34, Concession 2, (Watt), A verbal report was presented. Mr. Fahner explained the history of previous applications indicating the severed and retained lot. Mr. Fahner presented the proposed lot configuration. He noted that Mr. Donaldon would like to retain something different, he wants to flip/flop or reverse the severed and retained lots. Mr. Paul Donaldson, RR # 3, Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Donaldson explained that if Committee were acceptable, then the application would not be re-circulated as the end result would be similar to the original application. Minutes Committee of Adjustment December 10, 2003, Page #13

17 Minutes Committee of Adjustment December 10, 2003 Ms. Margaret Walton, 103 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting. Ms. Walton stated that the configuration should be recirculated, as her client wishes to review the amended proposal. Member Ellis suggested that staff sit down with Ms. Walton and Mr. Donaldson to review the amended proposal. Mr. Donaldson commented that there is a slight change, with Mr. French s buildings, but he has spoken to the neighbours. He noted that other applications will be submitted for the Duvernet property (for lot additions). After a brief discussion, Committee agreed that the application should be recirculated. 9. Unfinished Business a. A-42/03, Hovesen and McNair, Part of Lot 24, Concession F, Parts 6, 7, 8, 15 and 16, Plan 35R-12966, (Medora), Please refer to the minutes dated October 22, Ms. Ghikadis stated that the application was circulated at 10.9%. Mr. John Hiley has calculated the lot area and the proposed lot coverage is now 10.6%. The lot frontage is 202 feet that would allow 50.5 feet in frontage coverage. The proposed total frontage coverage is 52.5 feet. An additional ramp is to be removed and the proposed frontage coverage will remain the same at 52.5 feet. Mr. Doug Fitzmaurice, 1135 Ziska Road, RR #1, Bracebridge, Ontario P1L 1W8 attended the meeting as agent for the applicant. Mr. Fitzmaurice stated that the ramp would be removed. Committee had no questions. Resolution Number CA-14-10/12/2003 Member Pryke Member Ellis: Be it resolved that Application A-42/03, Hovesen and McNair, to allow for an addition to an existing boathouse which will result in a lot coverage of 10.6% within the lot area 200 feet from the shore and result in a total cumulative width of 26% of the lot frontage, as shown on the plan attached to the Notice of Decision, is hereby granted 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 proposed addition is small and is not habitable. b. A-44/03, DaRocha, Part of Lot 11,Concession 4, (Medora), Please refer to the minutes dated October 22, Minutes Committee of Adjustment December 10, 2003, Page #14

18 Minutes Committee of Adjustment December 10, 2003 Ms. Ghikadis explained the history of the application. She noted that the application was adjourned in order to confirm lot lines with a surveyor and a better drawing was to be submitted. The applicant has now withdrawn the application as they are moving the docks to comply. c. B/36-40/03/ML, Ontario Ltd., Part of Lot 23, Concession 1, (Medora), Clarification to the conditions of consent. A verbal report was presented. Mr. Fahner explained that the condition imposed with respect to the traveled road being transferred requires clarification. Ownership of the traveled road, and the surveyed road also requires clarification. Mr. Bob List, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for the applicant. Mr. List presented a survey that was completed last night. The survey provides new information on location and ownership. The survey confirms that part of the traveled road is located on the north and south end of the Brent property. Mr. List noted that Parts 7, 8, 9 will need to be transferred from Brent to the Township of Muskoka Lakes. Part 11 will need to be deeded from the District of Muskoka to the Township of Muskoka Lakes. Mr. Ron Brent, Box 447, Bala, Ontario P0C 1A0 attended the meeting. Due to the new information based on the draft survey, condition # 4 was amended. Please refer to the resolution. Resolution Number: CA-15-10/12/2003 Member Pryke Member Thompson: Be it resolved that the decision of the Committee of Adjustment dated August 20, 2003, for Applications B/36-40/03/ML, Ontario Ltd., , be amended to include the following condition: Condition Number 4 is amended and the following conditions are added: 1. That the travelled road which is located on lands owned by the applicant, be transferred to the Township of Muskoka Lakes. EXPLANATION OF CHANGES: Upon review of the file, it was found that Condition Number 4 required clarification. Please note that the conditions imposed in the decision dated August 20, 2003, are in full force. 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. Minutes Committee of Adjustment December 10, 2003, Page #15

19 Minutes Committee of Adjustment December 10, 2003 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). d. Ontario Municipal Board Decision, B/09/10/03/ML, By-law , Kilty, Tripp, Bruns, Part of Lot 1 and 2, Concession 4, (Medora), , A verbal report was presented. 10. New Business Mr. Fahner provided an update regarding the OMB hearing. Evidence by the applicant s planner and lawyer was only given. The Board member felt that this application was premature and a plan of subdivision is required. The major concern was access and water quality. A detailed decision from the OMB is to be forwarded in the near future. a. Discussion regarding the Number of Applications on the Committee of Adjustment Agenda (to address current backlog). 11. Statistics 12. Adjournment Mr. Fahner explained that we are dealing with 30 applications including today s application. Usually the Committee reviews ten applications per hearing. We are currently scheduling applications for February. If we don t get caught up, applications submitted in March may not be heard until July. Mr. Fahner indicated some options: increase the number of applications heard or schedule extra meetings. It was the consensus of the Committee to increase the number of applications to 15 for the next two meeting dates or until we are caught up. The Committee will need to schedule a lunch break. Resolution Number: CA-16-10/12/2003 Member Pryke Member Thompson: Be it resolved that the meeting adjourn at 12:11 p.m. Adele Fairfield, Chair Stephen Fahner, Secretary Treasurer Minutes Committee of Adjustment December 10, 2003, Page #16

20 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES COUNCIL MEETING Monday, December 8, 2003 A Regular Meeting of Council was held on Monday, December 8, 2003, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: Officials Present: Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: A. Ghikadis - Development Planner C. Mortimer - Deputy Clerk Karen Ellis C. Minty - Administrative Assistant Adele Fairfield L. Troup - Public Works Superintendent Don Goltz Mary Grady Brian Hare Stewart Martin Ruth Nishikawa Nancy Thompson Ian Wallace 1. Meeting Called to Order a. The meeting was called to order by Mayor Pryke at 9:00 a.m. 2. Delegations 3. Adoption of Minutes a. Minutes of the Council Meeting held on November 17, Resolution Number: C-1-12/08/03 Councillor Ellis Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on November 17, 2003, be adopted and approved as printed. b. Minutes of the Inaugural Council Meeting held on December 1, Resolution Number: C-2-12/08/03 Councillor Hare Councillor Goltz: Be it resolved that the Minutes of the Inaugural Council Meeting held on December 1, 2003, be adopted and approved as printed. Council Minutes December 8, 2003 Page #1

21 4. Disclosure of Conflict of Interest 5. Public Meeting Portion of Council (Zoning Amendment Applications) a. By-law , ZBA-54/03, Dunbala Properties Ltd., Island V (Grand s Island), Lake Muskoka, (Wood), Roll # A copy of the report was attached to the agenda. Ms. Ghikadis explained the nature and location of the property/application. Notice of Public meeting was circulated 20 days prior. Submissions received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. Mr. Grant Williamson, RR 1, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Williamson stated that the applicant wishes to keep the island as one property. He noted that there is no significant fish habitat in the boathouse and dock location. They intend to reduce it down from 48 feet to 41 feet. He also noted that the proposal would have very little impact. In answer to Councillor Fairfield s question, Mr. Williamson stated that the drawings were drafted approximately two years ago showing all of the development potential. The applicants have no plans to construct a second cottage. Mr. Fahner stated that the drawings could be updated, if Council wishes, reflecting only the proposed and existing structures. Councillor Fairfield stated that she would be more comfortable if the structures that have not been constructed or have approval were removed from the by-law schedule. In answer to Councillor Martin s question, Ms. Ghikadis stated that a building permit would not have been issued for dock B if the Department of Fisheries and Oceans had not given approval. Mr. Williamson stated that a fish habitat study was completed for the first three docks. b. By-law , ZBA-55/03, Bosomworth, Part of Lot 8, Concession B, (Medora), Part 1 & 5, Plan 35R-4790, Tobin Island, Lake Rosseau, Roll# A copy of the report was attached to the agenda. Ms. Ghikadis explained the nature and location of the property/application. Notice of Public meeting was circulated 20 days prior. Submissions received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating that staff generally had no objection to the application as currently proposed. A copy of the letter is attached. Ms. Patsy Bosomworth, RR # 2, Bradford, Ontario L3Z 2A6 attended the meeting. Ms. Bosomworth stated that they intend to construct a bedroom. In answer to Councillor Fairfield s question, Ms. Ghikadis stated that no previous Council Minutes December 8, Page #2

22 approvals have been given. There are six buildings, including the icehouse. For a severance in the Waterfront Residential (WR3) zone, the by-law requires a minimum of 200 feet frontage and 2 acres in area, however, staff would use the existing lot of record provision for a division of existing uses that requires only 100 feet of frontage and 15,000 square feet in area. Staff noted that this would only give one additional lot. c. By-law , ZBA-56/03, Bozanic, Part of Lot 33, Concession 4, (Port Carling), Stephen Road, Roll # A copy of the report was attached to the agenda. Ms. Ghikadis explained the nature and location of the property/application. Notice of Public meeting was circulated 20 days prior. Submissions received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating that Muskoka staff generally had no objection to the application as currently proposed. A copy of the letter is attached. ii) Letter was received from the following. Ms. Ghikadis read the letter aloud, a copy of which is attached. Ron & Joan Dick No one attended in support or in opposition to the application. In answer to Councillor Fairfield s questions, Ms. Ghikadis stated that there is other development similar to this along the road. There are also vacant lots to the east of the subject lands that could be developed. In answer to Councillor Wallace s question, Ms. Ghikadis stated that all but one lot (to the east of the proposed) would comply with the existing lot of record provision and are considered building lots. In answer to Councillor Thompson s question, Ms. Ghikadis stated that the proposed does maintain the intent of the by-law. Mr. Fahner added that 200 feet and 1 acre is the largest provision for existing lots of record. If the lot can be serviced via well and septic, it would be difficult to refuse. In answer to Councillor Martin s question, Ms. Ghikadis stated that Silver Lake Lane is a private road. In answer to Councillor Nishikawa s questions, Ms. Ghikadis stated that the applicants would use the existing entrance off Stephen Road. Mr. Fahner stated that staff would not be in favour of reducing the development. Waterfront Residential (WR2) only permits 5% lot coverage. d. By-law , ZBA-58/03, Manion, Part of Lot 10, Concession 5, 35R-6407, Part 2, (Monck), Ziska Road, Roll # A copy of the report was attached to the agenda. Ms. Ghikadis explained the nature and location of the property/application. Notice of Public meeting was circulated 20 days prior. Council Minutes December 8, Page #3

23 Submissions received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached. Mr. & Mrs. Conkie George and Catherine Addario Virginia and Patrick Kernohan A photograph of the subject lands was circulated, showing the location of the outside storage area that is proposed. Mr. Paul Manion, 1103 Ziska Road, Bracebridge, Ontario P1L 1Z8. Mr. Manion stated that the location of the boats currently being stored is not appropriate. The proposed location would be well buffered and far from the road. No one attended the meeting in support of the application. Mr. George Addario, Box 2084, BB, P1L 1Z9 attended the meeting in opposition to the application. Mr. Addario felt the proposed expansion of a business is not reasonable in a residential area. He noted that there are two (2) home industries on this property. He also noted the staff report in 1997 where staff had concerns with this becoming a main use on the property. He felt that the building is too large and is becoming an industrial size building. He stated that he did not oppose the addition for a lunchroom, office space and washroom. Mr. Patrick Kernohan, 1115 Ziska Road, BB P1L 1W8 attended the meeting in opposition to the application. He noted his concerns with the size of the garage door, the proposed expansion in a rural area and the change of use of the property. He did not oppose the lunchroom, office space and washroom addition. Mr. Paul Manion commented that the size of the garage door is to facilitate the receiving of large materials (parts) for the business. In answer to Councillor Fairfield s question, Mr. Fahner stated that outdoor storage is currently not permitted. He noted that there have been no complaints regarding this property until now. Mr. Fahner stated that the third reading of the by-law should be withheld until a drawing for the outdoor storage is submitted. It would be subject to site plan approval, and that would be the time Council could request buffering. Councillor Goltz stated that the proposed location of the outdoor storage is suitable. There are a lot of boats there now. If it is approved they would be placed behind the tree line. Mr. Manion commented that they are prepared to spend what is necessary on buffering. Mr. Addario commented that his house is approximately 500 feet back from the road and he would still see the outside storage area. In answer to Councillor Grady s question, Mr. Manion stated that the proposed outside storage would be an open area of boats (that are covered in shrink wrap). Due to construction and insurance costs, a storage building would not be feasible. Council Minutes December 8, Page #4

24 In answer to Councillor Ellis question, Mr. Fahner stated that Council could limit the size of outside storage area based on 100 boats. The area needed, based on 100 boats, would be 150 feet x 30 feet. This would be approximately 0.7% of lot coverage or 4500 square feet and it could be buffered. In answer to Councillor Fairfield s question, Mr. Fahner stated that Council could permit, by an exemption, the use of open storage and marina. If the property changes hands, the zoning runs with the lands. Unfortunately land use planning cannot control people. If the lands are to be sold it should not be advertised as a marina. In answer to Councillor Thompson s question, Mr. Fahner stated that the Township does not pre-zone any commercial locations. Boat storage is an issue in this municipality. In answer to Councillor Martin s question, Mr. Manion stated that the business is not open on Saturday afternoon or Sundays. e. By-law , ZBA-61/03, Broder, Part of Lot 7, Concession 6, (Medora), Plan 62, Lot 10, Kendon Road, Bass Lake, Roll # A copy of the report was attached to the agenda. Ms. Ghikadis explained the nature and location of the property/application. Notice of Public meeting was circulated 20 days prior. Submissions received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating that Muskoka staff generally had no objection to the application as currently proposed. A copy of the letter is attached. ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached. Barbara Gelfand William Faucett John and Jane Cameron Barrie Wray Catherine and Ed Conduran Mr. George Broder, 1121 Kendon Road, Mactier, Ontario P0C 1H0 attended the meeting. Mr. Broder stated that they purchased the property last year. A home inspection revealed that the dock is rotting (the small dock that was not on the survey). They had questioned this dock prior to purchasing the property and asked why it was not legalized. The previous owners had stated that the neighbours did not have any issues regarding this dock. They intend to fill in the dock to make it more usable and safe. He noted that the dock was constructed in No one attended the meeting in support of the application. Mr. John Cameron, 1125 Kendon Road, Mactier, Ontario P0C 1H0 attended the meeting in opposition to the application. Mr. Cameron noted his concerns with the non-compliant dock. The main dock is 8 x 18 feet. He noted that there is a floating dock farther out. He noted his concerns with the infilling of the dock and Council Minutes December 8, Page #5