MUNICIPALITY OF COMMITTEE OF ADJUSTMENT

May 2, 2017 Council Chambers, 4:30 PM Agenda

Call to Order Page

1. Disclosure of Interest

2. Adoption of Minutes a) Meeting Held April 4, 2017 (3 - 7) Committee of Adjustment - Minutes - 04 Apr 2017

3. Minor Variance Applications a) A-17-09 (Paradise Vacation Properties) (8 - 16) Concession 11 Pt. Lot 4, 45R-14315 Part 1 (Harvey) Roll No. 1542-010-001-04711 35 Fire Route 36A Subject of Minor Variance: Garage A-17-09 Memo A-17-09 Site Plan A-17-09 Notice

b) A-17-10 (French) (17 - 25) Concession 16, Pt. Lot 24, Plan 45R-2398, Part 2 (Harvey) Roll No. 1542-010-002-85601 39 Fire Route 111 Subject of Minor Variance: Garage A-17-10 Memo A-17-10 Site Plan A-17-10 Notice

c) A-17-11 (Amerie/Hideaway Homes) (26 - 36) Concession 12, Pt. Lot 7 (Harvey) Roll No. 1542-010-001-17700 57 Fire Route 44 Subject of Minor Variance: Deck Expansion A-17-11 Memo A-17-11 Site Plan A-17-11 Notice

d) A-17-12 (West/Boisvert) (37 - 50)

All times provided on the agenda are approximate only and may be subject to change. Page 1 of 66 MUNICIPALITY OF TRENT LAKES COMMITTEE OF ADJUSTMENT

TUESDAY, MAY 2, 2017 COUNCIL CHAMBERS, 4:30 P.M. AGENDA

Concession 11, Lot 16, Plan 32, Lot 20 (Harvey) Roll No. 1542-010-002-36300 114 Peninsula Drive Subject of Minor Variance: Garage A-17-12 Memo A-17-12-Site Plan A-17-12 Notice

e) A-17-13 (Blacklaw) (51 - 61) Concession 4, Pt. Lot 10, Plan 12, Lot 1 (Harvey) Roll No. 1542-020-200-26400 699 Fire Route 402 Subject of Minor Variance: Addition A-17-13 Memo A-17-13 Site Plan A-17-13 Survey A-17-13 Notice

f) A-17-14 (Poulin/RWH Construction) (62 - 64) Plan 10, Lot 31, RP 45R-13997, Part 1 (Galway) Roll No. 1542-020-100-27200 90 Anne Drive (Crystal Lake) Subject of Minor Variance: Garage

A-17-14 Site Plan A-17-14 Notice

g) A-17-15 (Blizzard) (65 - 66) Con 8, Pt. Lot 17, Plan 6, Lot 1, 45R-7904, Pts. 1 & 2, 45R- 12583, Part 13 (Cavendish) Roll No. 1542-020-303-01400 136 Baldwin Bay Road (Catchacoma) Subject of Minor Variance: Deck A-17-15 Notice

4. Adjournment a) Adjournment

All times provided on the agenda are approximate only and may be subject to change. Page 2 of 66 THE MUNICIPALITY OF TRENT LAKES

Minutes of the Committee of Adjustment held on April 4, 2017 at 4:30 p.m. in the Council Chambers at the Municipal Office

Call to Order

Present: Terry Lambshead, Chair Don Bowles Ron Windover Peter Franzen Ross Morton - absent

Staff Present: Amanda Warren, Planning Technician Secretary-Treasurer, Committee of Adjustment Susan Sladky, Assistant Secretary-Treasurer, Committee of Adjustment

Chair Lambshead called the meeting to order at 4:30 p.m.

1. Disclosure of Interest

a) None

2. Adoption of Minutes a) Meeting Held March 7, 2017

Resolution No. CA2017-08

Moved by: Ron Windover Seconded by: Don Bowles

That the minutes of the Committee of Adjustment meeting held on March 7, 2017, be approved as printed.

Carried.

Page 3 of 66 Page 2 of 5 Committee of Adjustment April 4, 2017

3. Minor Variance Applications a) A-17-04 (WHITTEN) Concession 15, Pt Lot 18 (Harvey) Roll No. 1542-010-002-65110 46 Fire Route 98 (Pigeon Lake) Subject of Minor Variance: Garage

The Planning Technician stated comments from Peterborough Public Health were circulated as a handout and they had no objections. There were no other objections. The applicant was present and stated that the garage doors on the drawings have since been moved to different wall of garage.

Staff recommended the approval of the minor variance.

Resolution No. CA2017-09

Moved by: Don Bowles Seconded by: Ross Morton

That Minor Variance application A-17-04 for 46 Fire Route 98 (Whitten) be approved and a building permit be issued subject to all conditions being met, the twenty day appeal period and compliance with all applicable law.

Carried.

b) A-17-05 (GOUDY/ECOVUE) Concession 9, Pt Lot 7, 45R-238 Pt 6 (Harvey) Roll No. 1542-010-302-09403 177 Melody Bay Road () Subject of Minor Variance: Replacement Dwelling

The Planning Technician stated comments were received from Peterborough Public Health and were circulated as a handout. PPH had no objections but stated since the new dwelling will be located over the existing sewage system the owner must obtain a permit to construct a new sewage system. A minor variance for the new sewage system has not been applied for so the location must be at least 30 m from the high water mark. The existing septic tank must be decommissioned by having the tank pumped, then crushed and/or filled.

Page 4 of 66 Page 3 of 5 Committee of Adjustment April 4, 2017

No further comments were received and staff recommended the minor variance.

Resolution No. CA2017-10

Moved by: Don Bowles Seconded by: Ron Windover

That Minor Variance application A-17-05 for 177 Melody Bay Road (Goudy) be approved and a building permit be issued subject to all conditions being met, the twenty day appeal period and compliance with all applicable law.

Carried. c) A-17-06 (STEIN/PTAK) Concession 6, Pt Lot 9, Plan 40, Lot 23 (Harvey) Roll No. 1542-010-301-10520 30 Island Terrace (Lower Buckhorn Lake) Subject of Minor Variance: Screen Room

The Planning Technician provided comments from Peterborough Public Health and were circulated as a handout. PPH had no objections, but stated an application to use the existing sewage system for the construction of the screen room must be submitted to PPH to determine if the existing system is able to accommodate the additional living space and setback distances.

No further comments were received. Scott Wooten of Construction was present on behalf of the applicant but did not speak.

Staff recommended the approval of the minor variance.

Resolution No. CA2017-11

Moved by: Peter Franzen Seconded by: Don Bowles

That Minor Variance application A-17-06 for 30 Island Terrace (Stein/Ptak) be approved and a building permit be issued subject to all conditions being met, the twenty day appeal period and compliance with all applicable law.

Page 5 of 66 Page 4 of 5 Committee of Adjustment April 4, 2017

Carried. d) A-17-07 (CAMPBELL) Concession 11, Pt Lot 16 (Harvey) Roll No. 1542-010-002-42100 20 Cedar Court (Bald Lake Narrows) Subject of Minor Variance: Addition

The Planning Technician provided comments from Peterborough Public Health and were circulated as a handout. PPH had no objections, but stated the owner must make application to PPH to use the existing sewage system, or a permit to install a new sewage system. A minor variance for the new sewage system has not been applied for so the location must be at least 30m from the high water mark.

The applicant, Grant Campbell was present but did not speak.

No further comments were received and staff recommended approval for the minor variance.

Resolution No. CA2017-12

Moved by: Ron Windover Seconded by: Peter Franzen

That Minor Variance application A-17-07 for 20 Cedar Court (Campbell) be approved and a building permit be issued subject to all conditions being met, the twenty day appeal period and compliance with all applicable law.

Carried. e) A-17-08 (CLARKE) Concession 4, Pt Lot 32, 45R-4770 Pt 1 (Harvey) Roll No. 1542-010-300-40401 33 Dam Road (Mississagua Lake) Subject of Minor Variance: Garage

The Planning Technician provided comments from Peterborough Public Health and were circulated as a handout. PPH had no objections but stated the owner must make application to PPh to use the existing sewage system prior to the issuance of any building permits.

No further comments were received and staff recommended the

Page 6 of 66 Page 5 of 5 Committee of Adjustment April 4, 2017

approval of the minor variance

Resolution No. CA2017-13

Moved by: Don Bowles Seconded by: Ron Windover

That Minor Variance application A-17-08 for 33 Dam Road (Clarke) be approved and a building permit be issued subject to all conditions being met, the twenty day appeal period and compliance with all applicable law.

Carried.

4. Adjournment a) Adjournment

Resolution No. CA2017-14

Moved by: Don Bowles Seconded by: Ron Windover

That the Committee of Adjustment adjourn at 4:43 p.m.

Carried.

Amanda Warren, Secretary- Treasurer, Committe of Adjustment

Terry Lambshead, Chair

Page 7 of 66 MEMORANDUM

To: Trent Lakes Committee of Adjustment From: Amanda Warren, Planning Technician Date: April 28, 2017 Re: Application for Minor Variance A-17-09 35 Fire Route 36A (Paradise Vacation Properties Inc.)

BACKGROUND Chris Morrissey of Paradise Vacation Properties Inc. submitted an application for a minor variance for a property located at 35 Fire Route 36A on Buckhorn Lake in the Municipality of Trent Lakes. The purpose of the variance is to seek relief from Section 9 – Shoreline Residential-Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended. The subject property is currently zoned Shoreline Residential-Private Access (SR-PA).

In this case the applicant is seeking relief from the water yard setback of 30.0 m (98.4 ft) to 12.9 m (42 ft), a total variance of 17.1 m (56.4 ft), as well as an increase to the maximum floor area of a guest cabin from 44.6 m2 (480 ft2) to 53.14 m2 (572 ft2), a variance of 8.4 m2 (90 ft2), to recognize an existing non-compliant storage building (formerly the original cottage) to allow the conversion to a guest cabin. In addition, the applicant is seeking relief from the setback from a private road or right of way from 12.0 m (39.4 ft) to 1.5 m (5 ft), a variance of 10.5 m (34 ft), to permit the construction of an accessory building (garage).

According to the application, the subject property has a total area of 0.5 ha (1.29 ac), with 97.5 m (320 ft) frontage on Buckhorn Lake. The lot is currently improved with a 152.3 m2 (1640 ft2) seasonal dwelling and a 53 m2 (572 ft2) storage shed (former cottage). The proposed garage will have a ground floor area of 83.6 m2 (900 ft2). The existing dwelling is located approximately 45.4 m (150 ft) from the high water mark and 24.4 m (80 ft) from the private road.

PLANNING ACT ANALYSIS The Planning Act R.S.O 1990, c.P.13, requires that decisions of local approval authorities shall be ‘consistent with matters of provincial interest’ as outlined in policies of the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe when carrying out decisions on applications such as minor variances, including:

a) The protection of ecological systems, including natural areas, features and functions; b) The protection of agricultural resources of the Province; c) The conservation and management of natural resources and mineral resource base;

Page 8 of 66 2

d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; e) The supply, efficient use and conservation of energy and water; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities, and the accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; l) The protection of the financial and economic well-being of the province and its municipalities; m) The coordination of planning activities of public bodies; n) The resolution of planning conflicts involving public and private interests; o) The protection of public health and safety; p) Appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and, r) The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

From a rural and recreational development perspective, the PPS encourages development that is compatible with the rural landscape and can be sustained by rural service levels. Based on a review of the proposal relative to matters of Provincial interest, I am of the opinion that the minor variance does not negatively impact any matter of provincial interest and appears to be consistent with both the Provincial Policy Statement and the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

THE FOUR TESTS In order for the requested variance to be approved, the Committee needs to be satisfied that the variance satisfies each of the following four tests of a minor variance. A summary and discussion of the four tests is provided below:

1. That the variance is in keeping with the intent of the Official Plan

In addressing this test, the Committee Members should primarily be satisfied the proposal conforms with the policies of the Official Plan and any general or specific development policies with respect to the land use designation.

The property is designated ‘Recreational Dwelling Area’ in the current, approved, Municipality of Trent Lakes Official Plan (2011), as amended. The Recreational Dwelling Area land use designation primarily applies to those lands along or in

Page 9 of 66 3

close proximity to the shoreline of waterbodies that has attracted a significant level of residential development. The potential for new development is limited within this designation, with the intent to be used for limited service, seasonal- residential and permanent residential purposes. All new development should adhere to the Official Plan policies which generally relate to ensuring that development is within the overall best interest of the municipality, while maintaining and/or enhancing the environmental integrity of the waterfront and the well-being and safety of its residents.

Based on a review of the policies for development in limited service residential zones, it appears that the proposed minor variance would maintain the intent of the Official Plan.

2. That the variance is in keeping with the intent of the Zoning By-law

In addressing this test, the Committee should consider the intent of the By-law as it relates to Section 9 – Shoreline Residential-Private Access Zone for minimum setbacks and determine if the relief would undermine the intent of the Zoning By- law in an unreasonable manner.

The subject property is currently zoned Shoreline Residential-Private Access in the Comprehensive Zoning By-law (2014), as amended. The Zoning By-law allows one guest cabin provided it does not have a floor area that exceeds 44.6 m2 (480 ft2) nor contain cooking or sanitary facilities. All yard provisions for principal buildings and structures apply, save and except that the maximum height shall not exceed 4.9 m (16 ft) and shall be restricted to one storey.

The existing storage structure was converted from an original cabin that was located on the property and part of the Birches Report. As part of the conditions of severance agreement (B2006-104), the owner was to bring the parcels into conformity with the zoning by-law or otherwise remove the structures that do not comply. The structure was converted with a change of use permit when the primary dwelling was constructed in 2016 and all cooking and sanitary facilities were removed at that time. Therefore, a minor variance is required to bring the existing structure into compliance with the by-law if it is now to be used as a guest cabin. If the Committee does not approve the minor variance for the water yard setback, the structure will have to be moved to comply with 30 m (100 ft) setback or removed altogether.

Where a lot is accessed by a private road and where the front lot line of the lot is deemed to be the shoreline, no building or structure may be located closer than 12.0 m. (39.4 ft.) to such private road. This setback distance shall be measured from the boundary of the legal right-of-way; or the edge of the travelled portion of the private road where a legal right-of-way does not exist. The proposed accessory structure maintains an adequate 1.5 m (5 ft) setback from property line abutting Fire Route 36A (same as a rear yard setback on any other lot) and meets the 1.5 m (5 ft) side yard setback.

Page 10 of 66 4

Based on a review of the provisions for existing dwellings and considering the existing encroachment, it appears that the proposed minor variance would maintain the intent of the Zoning By-law.

3. That the variance will provide for the desirable development of the lot

In addressing this test, the Committee should visit the site and establish a context for the community where the subject lands are located. The Committee should then consider if the proposal respects and/or contributes to the character of the neighbouring community.

In general terms, the neighbouring community exhibits characteristics of recreational residential development where dwellings are located on smaller lots, with dwellings in close proximity to the shoreline and the private road, with amenity spaces located between the dwelling and the water. The proposed guest cabin has existed on the property since the 1950s as the original cabin, currently used as a storage building. Although the proposed garage will be located very close to the private road, the subject lands are the last property along the private road so it is not likely to have any impacts on the neighbouring community.

Based on my review of the subject property, the proposal does not appear to have any negative impacts on the surrounding neighbourhood, and would be considered desirable for the appropriate development of the subject lands.

4. That the variance is minor

In addressing this test, the Committee should consider the overall impact on the function of the lot, abutting landowners and on the character of the community. Committee should also consider other as-of-right development permissions available to the landowner and weigh these permissions against the proposal. Finally, Committee should reconcile if they consider the proposal to be a reasonable or inconsequential request for relief.

It is recognized that there are circumstances where existing built constraints and natural features limit the possibilities for development on a property. In this case, the existing structure was originally a cottage that was part of the Birches Resort and has since been change to an accessory storage structure while the primary dwelling was being constructed. The applicant now wishes to retain the building as a guest cabin, accessory to the primary dwelling but must bring it into compliance with the by-law as per the severance agreement when the lot was created.

Since it is an existing building and the subject lands will still meet lot coverage requirements of the zoning by-law, it does not appear that a minor increase in floor area will have any impacts. Although the proposed garage will be located very close to the private road, the subject lands are the last property along the private road so it is not likely that the proposal will have any impacts on the

Page 11 of 66 5

function of the lot or abutting landowners. The municipality has not received any correspondence or objections from the neighbouring properties or agencies at this time.

Based on my review of the subject property and given the physical constraints of the subject lands, the proposal appears to be minor in nature and constitutes a reasonable request for relief.

CONDITIONS Section 45 (9) allows Committee to establish conditions to any decision they feel are advisable.

Staff does not recommend any conditions at this time.

Respectfully submitted,

Amanda Warren Planning Technician Municipality of Trent Lakes

Page 12 of 66 6

SCHEDULE A: SITE VISIT PHOTOS

Photo showing existing dwelling and proposed location of garage

Photo showing proposed location of garage and distance to Fire Route 36A

Page 13 of 66 SCHEDULE A: SITE PLAN (A-17-09)

Page 14 of 66

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-09 APPLICANT: PARADISE VACATIONS PROPERTIES LTD. PROPERTY NO.: 1542-010-001-04711 SUBJECT LANDS: Con 11, Pt Lot 4, 45R-14315 Part 1 (Harvey) (known municipally as 35 Fire Route 36A) ZONE: Shoreline Residential – Private Access (SR-PA)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 9 – Shoreline Residential-Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 9.2 – Regulations for Uses Permitted in Section 9.1 To increase the minimum water yard setback from 30 m (98.4 ft) to 12.9 m (42 ft) to recognize an existing non-compliant storage building (formerly the original cottage) to allow the conversion to a guest cabin.

Section 9.3 – Guest Cabins To increase the maximum floor area of a guest cabin from 44.6 m2 (480 ft2) to 53.14 m2 (572 ft2), a variance of 8.4 m2 (90 ft2), to permit the conversion of an existing storage building (formerly the original cottage) to a guest cabin.

Section 9.4 – Setbacks for Waterfront Lots on Private Roads To reduce the setback from a private road or right of way from 12.0 m (39.4 ft) to 1.5 m (5 ft), a variance of 10.5 m (34 ft), to permit the construction of an accessory building (garage).

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0 Page 15 of 66

A-17-09 KEY MAP

N

Buckhorn Lake

PROPOSED SITE PLAN

Areas of Minor Variance

Page 16 of 66 MEMORANDUM

To: Trent Lakes Committee of Adjustment From: Amanda Warren, Planning Technician Date: April 27, 2017 Re: Application for Minor Variance A-17-10 39 Fire Route 111 (French)

BACKGROUND Nory and Lynn French submitted an application for a minor variance for a property located at 39 Fire Route 111 on Nogie’s Creek. The purpose of the variance is to seek relief from Section 9 – Shoreline Residential-Private Access of the Municipality’s Comprehensive Zoning By-law B2014-070 to permit the construction of an accessory building. The subject property is currently zoned Shoreline Residential-Private Access (SR-PA).

In this case the applicant is seeking relief from the minimum setback from a private road or right of way from 12.0 m (39.4 ft) to 8.2 m (27 ft), a variance of 3.8 m (12.4 feet), to permit the construction of an accessory building (garage).

According to the application, the subject property has a total area of 0.23 ha (0.57 ac), with 30.6 m (100 ft) frontage on Nogie’s Creek. The lot is currently improved with a 194 m2 (2090 ft2) seasonal residential dwelling. The proposed garage is 146 m2 (1575 ft2) and 4.9 m (16 ft) in height.

PLANNING ACT ANALYSIS

The Planning Act R.S.O 1990, c.P.13, requires that decisions of local approval authorities shall be ‘consistent with matters of provincial interest’ as outlined in policies of the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe when carrying out decisions on applications such as minor variances, including:

a) The protection of ecological systems, including natural areas, features and functions; b) The protection of agricultural resources of the Province; c) The conservation and management of natural resources and mineral resource base; d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; e) The supply, efficient use and conservation of energy and water; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

Page 17 of 66 2

g) The minimization of waste; h) The orderly development of safe and healthy communities, and the accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; l) The protection of the financial and economic well-being of the province and its municipalities; m) The coordination of planning activities of public bodies; n) The resolution of planning conflicts involving public and private interests; o) The protection of public health and safety; p) Appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and, r) The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

From a rural and recreational development perspective, the PPS encourages development that is compatible with the rural landscape and can be sustained by rural service levels. Based on a review of the proposal relative to matters of Provincial interest, I am of the opinion that the minor variance does not negatively impact any matter of provincial interest and appears to be consistent with both the Provincial Policy Statement and the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

THE FOUR TESTS In order for the requested variance to be approved, the Committee needs to be satisfied that the variance satisfies each of the following four tests of a minor variance. A summary and discussion of the four tests is provided below:

1. That the variance is in keeping with the intent of the Official Plan

In addressing this test, the Committee Members should primarily be satisfied the proposal conforms with the policies of the Official Plan and any general or specific development policies with respect to the land use designation.

The property is designated ‘Recreational Dwelling Area’ in the current, approved, Municipality of Trent Lakes Official Plan (2011), as amended. The Recreational Dwelling Area land use designation primarily applies to those lands along or in close proximity to the shoreline of waterbodies that has attracted a significant level of residential development. The potential for new development is limited within this designation, with the intent to be used for limited service, seasonal- residential and permanent residential purposes. All new development should adhere to the Official Plan policies which generally relate to ensuring that

Page 18 of 66 3

development is within the overall best interest of the municipality, while maintaining and/or enhancing the environmental integrity of the waterfront and the well-being and safety of its residents.

Based on a review of the policies for development in limited service residential zones, it appears that the proposed minor variance would maintain the intent of the Official Plan.

2. That the variance is in keeping with the intent of the Zoning By-law

In addressing this test, the Committee should consider the intent of the By-law as it relates to Section 9 – Shoreline Residential-Private Access Zone for minimum setbacks and determine if the relief would undermine the intent of the Zoning By- law in an unreasonable manner.

The subject property is currently zoned Shoreline Residential-Private Access in the Comprehensive Zoning By-law (2014), as amended. The Zoning By-law permits accessory buildings and structures to be located in any residential zone with a minimum rear yard depth and side yard width of 1.5 metres (4.9 ft) and a maximum height of 4.9 m (16 ft). Accessory buildings or structures are not to exceed 10% of the lot area, in addition to the other lot coverage regulations. Human habitation and any occupation used for gain or profit are prohibited in accessory structures in residential areas. The intent of these provisions is to provide an adequate separation distance from abutting properties and minimal footprint to prohibit incompatible or unsafe activities in residential areas.

Where a lot is accessed by a private road and where the front lot line of the lot is deemed to be the shoreline, no building or structure may be located closer than 12.0 m. (39.4 ft.) to such private road. This setback distance shall be measured from the boundary of the legal right-of-way; or the edge of the travelled portion of the private road where a legal right-of-way does not exist. In this case, the existing dwelling is located centrally on the subject lands limiting the location for the accessory structure in order to meet the 30 m (100 ft) water yard setback. The proposed accessory structure maintains an adequate 8 m (27 ft) setback from Fire Route 111 and meets the 1.5 m (5 ft) side yard setback.

Based on a review of the provisions for accessory structures and considering the existing layout of the lot, it appears that the proposed minor variance would maintain the intent of the Zoning By-law.

3. That the variance will provide for the desirable development of the lot

In addressing this test, the Committee should visit the site and establish a context for the community where the subject lands are located. The Committee should then consider if the proposal respects and/or contributes to the character of the neighbouring community.

Page 19 of 66 4

In general terms, the neighbouring community exhibits characteristics of recreational residential development where dwellings are located on smaller lots (less than one acre), with garages adjacent to the private road and amenity spaces typically located between the dwelling and the shoreline.

Based on my review of the subject property, the proposal does not appear to have any negative impacts on the environment or surrounding neighbourhood, and would be considered desirable for the appropriate development of the subject lands.

4. That the variance is minor

In addressing this test, the Committee should consider the overall impact on the function of the lot, abutting landowners and on the character of the community. Committee should also consider other as-of-right development permissions available to the landowner and weigh these permissions against the proposal. Finally, Committee should reconcile if they consider the proposal to be a reasonable or inconsequential request for relief.

It is recognized that there are circumstances where existing built constraints and natural features limit the possibilities for expansion on a property. In this case, the shape of the lot and location of the dwelling limit possible locations for a detached garage of this size. The garage is to be located in what appears to be the most appropriate location, set back from the water and property lines, so it does not appear that the proposal will have any impacts on the abutting landowners. The municipality has received no objections from the neighbouring property owners.

Based on my review of the subject property and given the physical constraints of the lot, the proposal appears to be minor in nature and constitutes a reasonable request for relief.

CONDITIONS Section 45 (9) allows Committee of Adjustment to establish conditions of any decision they feel are advisable.

Staff does not recommend any conditions at this time.

Respectfully submitted,

Amanda Warren Planning Technician Municipality of Trent Lakes

Page 20 of 66 5

SCHEDULE A – Site Visit Photos

Photo showing existing dwelling located centrally on the lot

Photo showing location of existing temporary structure and shed looking towards neighbouring lot (dwelling to right and road to left of photo)

Page 21 of 66 6

Photo showing approximate distance to travelled road

Photo showing neighbouring attached garage located on Fire Route 111

Page 22 of 66 SCHEDULE A: SITE PLAN (A-17-10)

Page 23 of 66

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-10 APPLICANT: FRENCH, Nory and Lynn PROPERTY NO.: 1542-010-002-85601 SUBJECT LANDS: Con 16, Pt Lot 24, 45R-2398, Part 2 (Harvey) (known municipally as 39 Fire Route 111) ZONE: Shoreline Residential – Private Access (SR-PA)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 9 – Shoreline Residential-Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 9.4 – Setbacks for Waterfront Lots on Private Roads To reduce the setback from a private road or right of way from 12.0 m (39.4 ft) to 8.2 m (27 ft), a variance of 3.8 m (12.4 ft), to permit the construction of an accessory building (garage).

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0

Page 24 of 66

A-17-10 KEY MAP

N

Nogies Creek

PROPOSED SITE PLAN

Area of Minor Variance

Page 25 of 66 MEMORANDUM

To: Trent Lakes Committee of Adjustment From: Amanda Warren, Planning Technician Date: April 28, 2017 Re: Application for Minor Variance A-17-11 57 Fire Route 44 (Amerie/Hideaway Homes)

BACKGROUND Bobbie-Jo Sunstrum of Hideaway Homes submitted an application, on behalf of Ernest and Jill Amerie for a minor variance for a property located at 57 Fire Route 44 on Sandy Lake. The purpose of the variance is to seek relief from Section 4 – General Provisions and Section 9 – Shoreline Residential-Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070 to permit the replacement of an existing dwelling. The subject property is currently zoned Shoreline Residential-Private Access.

In this case the applicant is seeking an exemption from the regulation restricting the construction of decks on an existing dwelling located within the setback from the high water mark, to permit a deck that will project more than 3 m (9.84 ft) from the exterior wall of the dwelling. The proposed deck would project a maximum of 3 m (10 ft) towards the lake and 4.8 m (16 ft) towards the side property line. Furthermore, the applicant is seeking relief from the minimum water yard setback of 30.0 m (98.4 ft) to 6.5 m (21 ft), a variance of 23.5 m (77 ft), to permit the construction of a deck on an existing dwelling that is located 9.6 m (31.5 ft) from the high water mark.

According to the application, the subject property has a total area of 0.134 ha (0.33 ac) with 31 m (102 ft) frontage on Sandy Lake. The lot is currently improved with a 51.1 m2 (550 ft2) seasonal dwelling, with a 7.2 m2 (77.5 ft2) deck and a 7.2 m2 (77.5 ft2) storage shed.

PLANNING ACT ANALYSIS The Planning Act R.S.O 1990, c.P.13, requires that decisions of local approval authorities shall be ‘consistent with matters of provincial interest’ as outlined in policies of the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe when carrying out decisions on applications such as minor variances, including:

a) The protection of ecological systems, including natural areas, features and functions; b) The protection of agricultural resources of the Province; c) The conservation and management of natural resources and mineral resource base; d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; e) The supply, efficient use and conservation of energy and water;

Page 26 of 66 2

f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities, and the accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; l) The protection of the financial and economic well-being of the province and its municipalities; m) The coordination of planning activities of public bodies; n) The resolution of planning conflicts involving public and private interests; o) The protection of public health and safety; p) Appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and, r) The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

From a rural and recreational development perspective, the PPS encourages development that is compatible with the rural landscape and can be sustained by rural service levels. Based on a review of the proposal relative to matters of Provincial interest, I am of the opinion that the minor variance does not negatively impact any matter of provincial interest and appears to be consistent with both the Provincial Policy Statement and the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

THE FOUR TESTS In order for the requested variance to be approved, the Committee needs to be satisfied that the variance satisfies each of the following four tests of a minor variance. A summary and discussion of the four tests is provided below:

1. That the variance is in keeping with the intent of the Official Plan

In addressing this test, the Committee Members should primarily be satisfied the proposal conforms with the policies of the Official Plan and any general or specific development policies with respect to the land use designation.

The property is designated ‘Recreational Dwelling Area’ in the current, approved, Municipality of Trent Lakes Official Plan (2011), as amended. The Recreational Dwelling Area land use designation primarily applies to those lands along or in close proximity to the shoreline of waterbodies that has attracted a significant level of residential development. The potential for new development is limited within this designation, with the intent to be used for limited service, seasonal- residential and permanent residential purposes. All new development should adhere to the Official Plan policies which generally relate to ensuring that development is within the overall best interest of the municipality, while

Page 27 of 66 3

maintaining and/or enhancing the environmental integrity of the waterfront and the well-being and safety of its residents.

Based on a review of the policies for development in limited service residential zones, it appears that the proposed minor variance would maintain the intent of the Official Plan.

2. That the variance is in keeping with the intent of the Zoning By-law

In addressing this test, the Committee should consider the intent of the By-law as it relates to Section 4.30 – Setbacks from Water Bodies, Watercourses and Wetlands and Section 9 – Shoreline Residential-Private Access Zone for minimum setbacks and determine if the relief would undermine the intent of the Zoning By-law in an unreasonable manner.

The subject property is currently zoned Shoreline Residential-Private Access in the Comprehensive Zoning By-law (2014), as amended. The Zoning By-law allows for the replacement and expansion of existing dwellings located within the required 30 metre setback from high water mark as long as the enlargement does not further encroach into the 30 metre setback, among other provisions. The by-law also permits the construction or expansion of an attached deck on an dwelling located in the setback from high water mark provided the dwelling is a minimum of 10 metres from the high water mark, the new or expanded attached deck, including any stairs does not project more than 3 metres from the exterior wall of the dwelling.

In this case, the existing dwelling is only located 9.6 m (31.5 ft) from the high water mark and the proposed deck projects 3 m (10 ft) towards the lake up to 4.8 m (16 ft) towards the side property line so a minor variance or zoning by-law amendment is required for the deck expansion. The proposed deck expansion will not further reduce the existing setback of 5.8 m (19 ft) and will actually be located slightly further back from the high water mark due to the angle of the cottage and shoreline.

Based on a review of the provisions for decks on existing dwellings and considering the existing encroachment of the dwelling and decks into the 30 metre setback, it appears that the proposed minor variance would maintain the general intent of the Zoning By-law.

3. That the variance will provide for the desirable development of the lot

In addressing this test, the Committee should visit the site and establish a context for the community where the subject lands are located. The Committee should then consider if the proposal respects and/or contributes to the character of the neighbouring community.

In general terms, the neighbouring community exhibits characteristics of mixed recreational and permanent residential development where dwellings are typically located on smaller lots, in close proximity to the shoreline. The proposed

Page 28 of 66 4

deck expansion is located to the side of the dwelling, meets the required side yard setback from the neighbouring property and will be minimally visible from the private road. There is also considerable vegetation buffering the property from the lake and surrounding properties.

Based on my review of the subject property, the proposal does not appear to have any negative impacts on the surrounding neighbourhood, and would be considered desirable for the appropriate development of the subject lands.

4. That the variance is minor

In addressing this test, the Committee should consider the overall impact on the function of the lot, abutting landowners and on the character of the community. Committee should also consider other as-of-right development permissions available to the landowner and weigh these permissions against the proposal. Finally, Committee should reconcile if they consider the proposal to be a reasonable or inconsequential request for relief.

It is recognized that there are circumstances where existing built constraints and natural features limit the possibilities for expansion and development on a property. In this case, the existing dwelling already encroaches into the 30 metre water setback, although expansion is possible to the side and to the rear. The proposed deck will be located in the side yard and will not further reduce the existing deck setback to the high water mark. The neighbouring dwellings are located with adequate side yards, so it does not appear that the proposal will have any impact on the neighbourhing properties. The municipality has not received any correspondence or objections from the neighbouring properties.

Based on my review of the subject property and given the physical constraints of the subject lands, the proposal appears to be minor in nature and constitutes a reasonable request for relief.

CONDITIONS Section 45 (9) allows Committee to establish conditions to any decision they feel are advisable.

Staff does not recommend any conditions at this time.

Respectfully submitted,

Amanda Warren Planning Technician Municipality of Trent Lakes

Page 29 of 66 5

SCHEDULE A: SITE VISIT PHOTOS

Photo showing dwelling as viewed from the rear/private road

Photo showing existing dwelling and location of proposed deck

Page 30 of 66 6

Photo showing existing deck on the front of the dwelling (lake side)

Photo showing location of proposed deck from the front (lake side)

Page 31 of 66 7

Photo showing existing shoreline from location of proposed deck

Page 32 of 66 8

SCHEDULE B: AERIAL PHOTO OF NEIGHBOURING PROPERTIES

Page 33 of 66 SCHEDULE A: SITE PLAN (A-17-11)

Page 34 of 66

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-11 APPLICANT: AMERIE, Ernest and Jill (Agent: Hideaway Homes) PROPERTY NO.: 1542-010-001-17700 SUBJECT LANDS: Con 12, Pt Lot 7 (Harvey) (known municipally as 57 Fire Route 44) ZONE: Shoreline Residential – Private Access (SR-PA)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 4 – General Provisions and Section 9 – Shoreline Residential-Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 4.30.3 Expansions to or Replacement of Existing Buildings To allow an exemption from the regulation restricting the construction of decks on an existing dwelling located within 10 m (30 ft) of the high water mark, to permit a deck that will encroach approximately 3 m (10 ft), and set back 6.5 m (21 ft) from the high water mark.

Section 9.2 – Regulations for Uses Permitted in Section 9.1 To reduce the minimum water yard setback from 30 m (98.4 ft) to 6.5 m (21 ft), a variance of 23.5 m (77 ft), to permit the construction of a deck on an existing dwelling located 9.6 m (31.5 ft) from the high water mark.

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0

Page 35 of 66

A-17-11 KEY MAP

N

Sandy Lake

Lakehurst Road

PROPOSED SITE PLAN

Area of Minor Variance

Page 36 of 66 MEMORANDUM

To: Trent Lakes Committee of Adjustment From: Amanda Warren, Planning Technician Date: April 27, 2017 Re: Application for Minor Variance A-17-12 114 Peninsula Drive (West)

BACKGROUND Robert West and Meaghan Boisvert submitted an application for a minor variance for a property located at 114 Peninsula Drive on Little Bald Lake. The purpose of the variance is to seek relief from Section 4 – General Provisions and Section 8 – Shoreline Residential of the Municipality’s Comprehensive Zoning By-law B2014-070 to permit the construction of an accessory building. The subject property is currently zoned Shoreline Residential.

In this case the applicant is seeking relief from the minimum side yard width of 1.5 m (5 ft) to 0.3 m (1 ft), a variance of 1.4m (4 ft), an increase to the maximum height from 4.9 m (16 ft) to 5.8 m (19 ft), a variance of 1 m (3 ft) as well as the minimum front yard setback from a municipal road from 12 m (39.4 ft) to 9 m (30 ft), a variance of 3 m (10 ft) to permit the construction of a detached, 1.5-storey garage.

According to the application, the subject property has a total area of 0.24 ha (0.59 ac), with 42.6 m (140 ft) frontage on Little Bald Lake. The lot is currently improved with a 426.7 m2 (1400 ft2) seasonal residential dwelling. The proposed garage is 93.6 m2 (1008 ft2).

PLANNING ACT ANALYSIS

The Planning Act R.S.O 1990, c.P.13, requires that decisions of local approval authorities shall be ‘consistent with matters of provincial interest’ as outlined in policies of the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe when carrying out decisions on applications such as minor variances, including:

a) The protection of ecological systems, including natural areas, features and functions; b) The protection of agricultural resources of the Province; c) The conservation and management of natural resources and mineral resource base; d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; e) The supply, efficient use and conservation of energy and water;

Page 37 of 66 2

f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities, and the accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; l) The protection of the financial and economic well-being of the province and its municipalities; m) The coordination of planning activities of public bodies; n) The resolution of planning conflicts involving public and private interests; o) The protection of public health and safety; p) Appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and, r) The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

From a rural and recreational development perspective, the PPS encourages development that is compatible with the rural landscape and can be sustained by rural service levels. Based on a review of the proposal relative to matters of Provincial interest, I am of the opinion that the minor variance does not negatively impact any matter of provincial interest and appears to be consistent with both the Provincial Policy Statement and the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

THE FOUR TESTS In order for the requested variance to be approved, the Committee needs to be satisfied that the variance satisfies each of the following four tests of a minor variance. A summary and discussion of the four tests is provided below:

1. That the variance is in keeping with the intent of the Official Plan

In addressing this test, the Committee Members should primarily be satisfied the proposal conforms with the policies of the Official Plan and any general or specific development policies with respect to the land use designation.

The property is designated ‘Recreational Dwelling Area’ in the current, approved, Municipality of Trent Lakes Official Plan (2011), as amended. The Recreational Dwelling Area land use designation primarily applies to those lands along or in close proximity to the shoreline of waterbodies that has attracted a significant level of residential development. The potential for new development is limited within this designation, with the intent to be used for limited service, seasonal-

Page 38 of 66 3

residential and permanent residential purposes. All new development should adhere to the Official Plan policies which generally relate to ensuring that development is within the overall best interest of the municipality, while maintaining and/or enhancing the environmental integrity of the waterfront and the well-being and safety of its residents.

Based on a review of the policies for development in limited service residential zones, it appears that the proposed minor variance would maintain the intent of the Official Plan.

2. That the variance is in keeping with the intent of the Zoning By-law

In addressing this test, the Committee should consider the intent of the By-law as it relates to Section 4 – General Provisions for minimum requirements for accessory structures and Section 8 – Shoreline Residential and determine if the relief would undermine the intent of the Zoning By-law in an unreasonable manner.

The subject property is currently zoned Shoreline Residential in the Comprehensive Zoning By-law (2014), as amended. The Zoning By-law permits accessory buildings and structures to be located in any residential zone with a minimum rear yard depth, a side yard width of 1.5 metres (4.9 ft) and a maximum height of 4.9 m (16 ft). Accessory structures are subject to the front yard setback as set out in the appropriate zone. In this case, the front yard setback required is 12 m (40 ft). Accessory buildings or structures are not to exceed 10% of the lot area, in addition to the other lot coverage regulations. Human habitation and any occupation used for gain or profit are prohibited in accessory structures in residential areas. The intent of these provisions is to provide an adequate separation distance from abutting properties and minimal footprint to prohibit incompatible or unsafe activities in residential areas.

Therefore, as proposed, a minor variance is required from side yard setback and front yard setback as well as the height. According to the applicant, the size of the lot, location of the existing dwelling and the elevations of the lot limit where the garage can be built. The additional half storey is required for additional storage space and results in a smaller footprint for the garage. Based on a review of the provisions for accessory buildings and structures, it appears that the proposed minor variance would maintain the intent of the Zoning By-law.

3. That the variance will provide for the desirable development of the lot

In addressing this test, the Committee should visit the site and establish a context for the community where the subject lands are located. The Committee should then consider if the proposal respects and/or contributes to the character of the neighbouring community.

Page 39 of 66 4

In general terms, the neighbouring community exhibits characteristics of recreational residential development where dwellings are located on smaller lots (less than one acre), with garages adjacent to the private road (see Schedule B) and amenity spaces typically located between the dwelling and the shoreline. In this case, there are two neighbouring lots with garages with similar setbacks from Peninsula Drive.

Based on my review of the subject property, the proposal does not appear to have any negative impacts on the environment or surrounding neighbourhood, and would be considered desirable for the appropriate development of the subject lands.

4. That the variance is minor

In addressing this test, the Committee should consider the overall impact on the function of the lot, abutting landowners and on the character of the community. Committee should also consider other as-of-right development permissions available to the landowner and weigh these permissions against the proposal. Finally, Committee should reconcile if they consider the proposal to be a reasonable or inconsequential request for relief.

It is recognized that there are circumstances where existing built constraints and natural features limit the possibilities for expansion on a property. In this case, the location of the existing dwelling and elevations on the lot limit possible locations for a detached garage of this size. Although the garage is to be located awfully close to the side lot line, a minimum of 1 foot up to 5 feet, the elevations along the property line make the distance seem wider. The garage will also be set back from the water the minimum 30 m (98.4 ft). With regards to the height, since the location of the garage is elevated, the increase height appears to be fairly high although the proposed building design (see Schedule C) attempts to decrease the impact of the height with gables on all four sides. Therefore, it appears that the garage will be located in the most appropriate location and the height increase is marginal so it does not appear that the proposal will have any additional impacts on the abutting landowners. The municipality has not received any objections from neighbouring property owners.

Based on my review of the subject property and given the physical constraints of the lot, the proposal appears to be minor in nature and constitutes a reasonable request for relief.

CONDITIONS Section 45 (9) allows Committee of Adjustment to establish conditions of any decision they feel are advisable.

Staff does not recommend any conditions at this time.

Page 40 of 66 5

Respectfully submitted,

Amanda Warren Planning Technician Municipality of Trent Lakes

Page 41 of 66 6

SCHEDULE A – Site Visit Photos

Photo showing existing dwelling from the rear/Peninsula Drive

Photo showing proposed location of garage looking towards/across the road

Page 42 of 66 7

Photo showing proposed location (corner stake) looking towards the neighbouring property

Photo showing proposed location and distance from Peninsula Drive

Page 43 of 66 8

SCHEDULE B: AERIAL PHOTO OF NEIGHBOURING PROPERTIES

Approximate location of proposed garage

Adjacent properties with similar garage setbacks

Page 44 of 66 9

SCHEDULE C: BUILDING ELEVATIONS

Page 45 of 66 10

Page 46 of 66 Mamwear M ?anmvsum(TLTVE ‘Tlfta? L?L€§ KDVY1\PfO (»’1o5)Lm~-o>?;sa F-7...-P€D_W«6 Pt?iiux 0 _~:;-\ «M 41¢‘)

l'\ \6S'£. MEI¢=rH7iIwE‘» mu/< KL weLL ' 1531‘ .—.—..—.———a- ~‘.5=.n13.-ms .441. mm. :4‘ / N ;z’ Hem Kagsxzn an. raw m.L-my >c¢r_1-c. LI‘\§ ""|’.ts' Fun

l\(PL’..2IV7)" ru.»\ ;x—1u~« Ltm-, \ («Lab <.'r‘€=m,~J ‘ hm N cwd Wm.» V27.’ aw mwe?rv L312 {iPnJaLw«a>: Aux, (2..».4 vsrvru. -/m-.":\c.( wm Lon‘ (M xzw 1—~ IO Fit? I'Lv;~m (gym \ L> C2 Fc€F'5.3 T\€_'£(;r\T (,Z£c.MeT: ra> CHO 1,5 Szftc. ..Q«.\ . an ‘.L~»u ~7L9« ‘—>1. ram F2; m (~’€nP(—‘vL'M LINK: Q/I\v.;\w.L¢ QC 4 R0’ :’2::caut.<.TEt\ ‘:3.’ I1, vI‘1-V13\ u’7rJ¥3-;.< :3 Fwd ‘ix. —>J.F+

Page 47 of 66 Mew:ware? _\|l~H"€)CI}

WEE»?LG T ; m my v1o5)41m-«oz?» ?«';¢”a127~/ as ??iex 0 .~_,=\ /M.€_e;B

‘ " THG?1’.y 1-1MA~.‘l» \\1\\,< {xi \’~1Lk.1 e-——-——*—é f\§;:G?'9L'—.Ad$ wétv. -v 31‘mm vzcwtmm 1‘-'\-5‘Hz-..~A329:2;

' ;‘..»I‘C-117*; LIKE.

/\|\-“u nk;u\ Sr”f’C\1_

Lme Q/rmx=«-Vgg mi

Page 48 of 66

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-12 APPLICANT: WEST, Robert (Agent: BOISVERT, Meaghan) PROPERTY NO.: 1542-010-002-36300 SUBJECT LANDS: Con 11, Pt Lot 16, Plan 32, Lot 20 (Harvey) (known municipally as 114 Peninsula Drive) ZONE: Shoreline Residential (SR)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 4 – General Provisions and Section 8 – Shoreline Residential Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 4.2.2 – Location (Accessory Structures) To reduce the minimum side yard width of 1.5 m (5 ft) to 0.3 m (1 ft), a variance of 1.4 m (4 ft), to permit the construction of a detached, 1.5-storey garage.

Section 4.2.5 – Lot Coverage and Height (Accessory Structures) To increase the maximum height of an accessory structure from 4.9 m (16 ft) to 5.8 m (19 ft), a variance of 1 m (3 ft), to permit the construction of a detached, 1.5-storey garage.

Section 8.2 – Regulations For Uses Permitted in Section 8.1 To reduce the minimum front yard setback from a municipal road (Peninsula Drive) from 12.0 m (39.4 ft) to 9 m (30 ft), a variance of 3 m (10 ft), to permit the construction of a detached, 1.5-storey garage.

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0 Page 49 of 66

A-17-12 KEY MAP

Little Bald Lake

N

PROPOSED SITE PLAN

Areas of Minor Variance

Page 50 of 66 MEMORANDUM

To: Trent Lakes Committee of Adjustment From: Amanda Warren, Planning Technician Date: April 28, 2017 Re: Application for Minor Variance A-17-13 (Amended from A-17-02) 699 Fire Route 402 (Blacklaw)

BACKGROUND Alan Blacklaw submitted an application for a minor variance for a property located at 699 Fire Route 402 on Bass Lake. The purpose of the variance is to seek relief from Section 4 – General Provisions and Section 9 – Shoreline Residential – Private Access Zone of the Municipality’s Comprehensive Zoning By-law B2014-070 to permit an addition to an existing dwelling. The subject property is currently zoned Shoreline Residential – Private Access.

In this case the applicant is seeking relief from the expansion and replacement provisions, to permit the construction of an addition on an existing dwelling resulting in an increase in existing floor area more than 50%. In addition, the applicant is seeking relief from the minimum water yard setback of 30.0 m (98.4 ft) to 12.8 m (42 ft), a variance of 17.2 m (56 ft), to recognize the existing non-compliant dwelling and allow for an addition to the same setback.

A previous minor variance was granted on March 7, 2017 (A-17-02) for the expansion and reduction of the minimum water yard setback to 20 m (66 ft), condition on the submission of a surveyor’s real property report to confirm the setbacks. Upon submission of the Surveyor’s Real Property Report, the applicants required an addition variance to recognize the difference in water yard setback.

According to the application, the subject property has a total area of 0.27 ha (0.67 ac) with 51 m (168 ft) frontage on Bass Lake. The lot is currently improved with a 66.89 m2 (720 ft2) seasonal dwelling, a 18.5 m2 (200 ft2) boathouse and 58 m2 (624 ft2) garage and carport.

PLANNING ACT ANALYSIS The Planning Act R.S.O 1990, c.P.13, requires that decisions of local approval authorities shall be ‘consistent with matters of provincial interest’ as outlined in policies of the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe when carrying out decisions on applications such as minor variances, including:

a) The protection of ecological systems, including natural areas, features and functions;

Page 51 of 66 2

b) The protection of agricultural resources of the Province; c) The conservation and management of natural resources and mineral resource base; d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; e) The supply, efficient use and conservation of energy and water; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities, and the accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; l) The protection of the financial and economic well-being of the province and its municipalities; m) The coordination of planning activities of public bodies; n) The resolution of planning conflicts involving public and private interests; o) The protection of public health and safety; p) Appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and, r) The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

From a rural and recreational development perspective, the PPS encourages development that is compatible with the rural landscape and can be sustained by rural service levels. Based on a review of the proposal relative to matters of Provincial interest, I am of the opinion that the minor variance does not negatively impact any matter of provincial interest and appears to be consistent with both the Provincial Policy Statement and the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

THE FOUR TESTS In order for the requested variance to be approved, the Committee needs to be satisfied that the variance satisfies each of the following four tests of a minor variance. A summary and discussion of the four tests is provided below:

1. That the variance is in keeping with the intent of the Official Plan

In addressing this test, the Committee Members should primarily be satisfied the proposal conforms with the policies of the Official Plan and any general or specific development policies with respect to the land use designation.

The property is designated ‘Recreational Dwelling Area’ in the current, approved,

Page 52 of 66 3

Municipality of Trent Lakes Official Plan (2011), as amended. The Recreational Dwelling Area land use designation primarily applies to those lands along or in close proximity to the shoreline of waterbodies that has attracted a significant level of residential development. The potential for new development is limited within this designation, with the intent to be used for limited service, seasonal- residential and permanent residential purposes. All new development should adhere to the Official Plan policies which generally relate to ensuring that development is within the overall best interest of the municipality, while maintaining and/or enhancing the environmental integrity of the waterfront and the well-being and safety of its residents.

Based on a review of the policies for development in limited service residential zones, it appears that the proposed minor variance would maintain the intent of the Official Plan.

2. That the variance is in keeping with the intent of the Zoning By-law

In addressing this test, the Committee should consider the intent of the By-law as it relates to Section 4.30 – Setbacks from Water Bodies, Watercourses and Wetlands and Section 9 – Shoreline Residential – Private Access Zone for minimum setbacks and determine if the relief would undermine the intent of the Zoning By-law in an unreasonable manner.

The subject property is currently zoned Shoreline Residential – Private Access in the Comprehensive Zoning By-law (2014), as amended. The Zoning By-law allows for the replacement and expansion of existing dwellings located within the required 30 metre setback from high water mark as long as the enlargement does not further encroach into the 30 metre setback, among other provisions. A minor variance or zoning by-law amendment is required for further encroachments and expansions over a certain size, in this case 50%. It is the intention of the Zoning By-law to only accommodate one expansion or replacement to an existing dwelling located within the required 30 metre setback from high water mark.

The property owner is now required to purchase the shoreline road allowance since the existing dwelling and proposed addition is located within the 20 m (66 ft) allowance. According to the Surveyor’s Real Property Report submitted as a condition of the previous variance, the existing dwelling is located 12.8 m (42 ft) from the high water mark and the addition would not cause a further reduction of the existing setback from the shoreline.

Based on a review of the provisions for existing dwellings and considering the existing encroachment of the dwelling into the 30 metre setback, it appears that the proposed minor variance would maintain the intent of the Zoning By-law.

Page 53 of 66 4

3. That the variance will provide for the desirable development of the lot

In addressing this test, the Committee should visit the site and establish a context for the community where the subject lands are located. The Committee should then consider if the proposal respects and/or contributes to the character of the neighbouring community.

In general terms, the neighbouring community exhibits characteristics of recreational residential development where dwellings are located on smaller half to one acre lots, in close proximity to the shoreline, with amenity spaces typically located between the dwelling and the water. The area is officially accessed by Fire Route 402, which does not appear to be maintained, however, secondary access has been provided by another private road that appears to be well travelled. The proposed addition is located to the side of the existing dwelling and will not further encroach on the water.

Based on my review of the subject property, the proposal does not appear to have any negative impacts on the surrounding neighbourhood, and would be considered desirable for the appropriate development of the subject lands.

4. That the variance is minor

In addressing this test, the Committee should consider the overall impact on the function of the lot, abutting landowners and on the character of the community. Committee should also consider other as-of-right development permissions available to the landowner and weigh these permissions against the proposal. Finally, Committee should reconcile if they consider the proposal to be a reasonable or inconsequential request for relief.

It is recognized that there are circumstances where existing built constraints and natural features limit the possibilities for expansion on a property. In this case, the existing dwelling already encroaches into the 30 metre water setback and shoreline road allowance. Since there is only one neighbouring dwelling and it is not located on the side of the expansion so it is not likely that the proposal will have any impacts. The municipality has not received any correspondence or objections from the neighbouring properties.

Based on my review of the subject property and given the physical constraints of the subject lands, the proposal appears to be minor in nature and constitutes a reasonable request for relief.

CONDITIONS Section 45 (9) allows Committee to establish conditions to any decision they feel are advisable.

Staff does not recommend any conditions at this time.

Page 54 of 66 5

Respectfully submitted,

Amanda Warren Planning Technician Municipality of Trent Lakes

Page 55 of 66 6

SCHEDULE A: SITE VISIT PHOTOS

Boathouse

Approx. location of addition

Photo showing existing dwelling and approximate location of addition

Approx. location of addition

Photo showing existing dwelling from lake and approximate location of addition

Page 56 of 66 7

Photo showing view from corner of existing dwelling down to lake

Page 57 of 66 Page 58 of 66 Page 59 of 66 Page 60 of 66 Page 61 of 66 SCHEDULE A: SITE PLAN (A-17-14)

CIVIC ADDRESS: 90 ANNE DRIVE FOR CONSTRUCTION PURPOSES ONLY

OWNER: RICK POULIN

BUILDER: RWH CONSTRUCTION

BUILDING PERMIT No. SITE PLAN OF ROLL No. LOT 31, REGISTERED PLAN No. 10 AND PART OF THE ROAD ALLOWANCE IN

E FRONT OF LOT 30, CONCESSION 10 IV R ) IB GEOGRAPHIC TOWNSHIP OF GALWAY D 10 o. N AN MUNICIPALITY OF TRENT LAKES PL E D N RE COUNTY OF PETERBOROUGH N .53 A STE 33 GI RE SCALE 1 : 250 Y (B 5 0 5 10 15 metres

COE, FISHER, CAMERON C COPYRIGHT 2017

SIB METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048.

91

.

57

6 LEGEND:

.

7 40

. 4 - FOUND SURVEY MONUMENT 32 SIB - STANDARD IRON BAR 29 IB - IRON BAR

T 9.14 O L

76

. 1.55

19 FRAME GARAGE 48 . PROPOSE D (TO BE REMOVED) 12 GARAGE REGISTERED PLAN No. 10

55

.

2

IB

35

. 73

18

.

K

5

LOT 30 AN LOT 31 LOT 32 T

C

I

T D

0

E P .

E B 5

S

AY

W

E V

5.0 I

R

D

51

18 EL .

.

5 AV

25

R G 10.64

8.94 ZONING SHORELINE RESIDENTIAL (SR) ZONE

LOT AREA 8.01 1 ST F ORE RAM Y E K CO TT C N AG o E E . 90 D

E

M

A 8.75 R F IB No. DATE DESCRIPTION

8.36 IB FR REVISIONS AM 10.96 E D EC STA K IRS SHEET 1

ME FRA 12

. SHED

3 5 10 13

. . . 51 0.63

11 15

LOT 30, CONCESSION 10 E O F 6 ONT .

S IN F R E

13

M R-13997 HOU 45

A PLAN

T ART 1, R P 8 0.29

8 . F E . 9 SIB

C OA

B 10 WAN LO L STONE AND CONCRETE WALL A ROAD DATED: GERALD G. HICKSON WATER'S EDGE ONTARIO LAND SURVEYOR

SURVEYING

MAPPING

Page 62 of 66 CRYSTAL LAKE GIS

257 KENT STREET WEST, LINDSAY, ON K9V 2Z3 TF: (800) 752-2704 T: (705) 324-4152 F: (705) 324-8406 www.jdbarnes.com

DRAWN BY: CHECKED BY: REFERENCE NO.: DHT GGH 17-17-059-00

FILE: G:\17-17-059\00\Drawing\17-17-059-00.dgn DATED: 03/29/17

PLOTTED: 3/29/2017

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-14 APPLICANT: POULIN, Rick & Catherine (Agent: RWH Construction) PROPERTY NO.: 1542-020-100-27200 SUBJECT LANDS: Plan 10, Lot 31, 45R-13997, Part 1 (Galway) (known municipally as 90 Anne Drive) ZONE: Shoreline Residential (SR)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 4 – General Provisions and Section 8 – Shoreline Residential Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 4.2.5 – Lot Coverage and Height (Accessory Structures) To increase the maximum height of an accessory structure from 4.9 m (16 ft) to 5.5 m (18 ft), a variance of 1.5 m (3 ft), to permit the construction of a detached, 1.5-storey garage.

Section 8.2 – Regulations For Uses Permitted in Section 8.1 To reduce the minimum front yard setback from a municipal road (Anne Drive) from 12.0 m (39.4 ft) to 6.74 m (22 ft), a variance of 5.26 m (17 ft), to permit the construction of a detached, 1.5-storey garage.

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0

Page 63 of 66

A-17-14 KEY MAP

N Crystal Lake

PROPOSED SITE PLAN

Areas of Minor Variance

Page 64 of 66

NOTICE OF HEARING OF THE COMMITTEE OF ADJUSTMENT

FILE NO: A-17-15 APPLICANT: BLIZZARD, Cindy/PRICE, Phillip PROPERTY NO.: 1542-020-303-01400 SUBJECT LANDS: Con 8, Pt Lot 17, Plan 6, Lot 1, 45R-7904, Pts 1 & 2, 45R-12583, Pt 13 (Cavendish) (known municipally as 136 Baldwin Bay Road) ZONE: Shoreline Residential (SR)

TAKE NOTICE that a hearing of the Committee of Adjustment of the Corporation of the Municipality of Trent Lakes will be held on Tuesday, May 2, 2017 at 4:30 p.m. at the Municipal Building, 760 County Road 36, to consider an application for a minor variance for the subject lands under Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

If approved, the minor variance would provide the following relief from the provisions of Section 4 – General Provisions and Section 8 – Shoreline Residential Zone of the Municipality’s Comprehensive Zoning By-law B2014-070, as amended:

Section 4.30.3 Expansions to or Replacement of Existing Buildings To allow an exemption from the regulation restricting the construction of decks on an existing dwelling located within the setback from the high water mark, to permit a deck that will project more than 3 m (9.84 ft) from the exterior wall of the dwelling.

Section 8.2 – Regulations for Uses Permitted in Section 8.1 To reduce the minimum water yard setback from 30 m (98.4 ft) to 9.6 m (31.7 ft), a variance of 20.4 m (67 ft), to recognize an existing deck that was built with a building permit and minor variance approved for reduced water yard setback of 11 m (36 ft).

If approved, this minor variance will replace A-09-24 as approved by the Committee of Adjustment on November 10, 2009. The applicants require a greater water yard setback based on the survey submitted as condition of approval.

ANY PERSON may attend the hearing and signed, written submissions relating to this application will be accepted by the Secretary-Treasurer, prior to or during the hearing. Such written submissions will be available for inspection at the hearing by any interested person(s).

If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed variance and does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed variance, you must make a written submission to the Municipality of Trent Lakes Committee of Adjustment, care of the Secretary-Treasurer at the address listed below.

ADDITIONAL INFORMATION relating to the application is available between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Municipal Office located at 760 County Road 36 or by phoning the Building & Planning Department at (705) 738-3800 ext. 234.

Dated at the Municipality of Trent Lakes this 21st day of April, 2017.

Amanda Warren Secretary-Treasurer, Committee of Adjustment Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0

Page 65 of 66

A-17-15 KEY MAP

N

CATCHACOMA LAKE

PROPOSED SITE PLAN

Area of Minor Variance

Page 66 of 66