2004 Committee of Adjustment Minutes

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, January 14, 2004 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 A. Glazier - Committee of Adjustment Administrator Mary Grady C. Minty - Planning Administrative Assistant Ian Wallace left @ 10:11, arr. @10:25 a.m. Susan Pryke left @ 9:50, arr. @ 10:44 a.m. Ruth Nishikawa Stewart Martin Don Goltz Brian Hare

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Wallace declared a conflict of interest re: Item 5.c.(Walker/Martonfi) and 5.d. (Reid).

3. Adoption of Minutes

a. A copy of the Minutes dated December 10, 2003, is attached.

Resolution Number: CA-01-13/01/2004

Member Thompson – Member Martin: Be it resolved that the minutes dated December 10, 2003 be adopted and approved as circulated.

Carried.

4. Delegations

a. Nil.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/91/94/03/ML, Greer, Part of Lot 11, Concession 13, (Watt), 2-22-041-01. A copy of the report was attached to the agenda.

Mr. Fahner explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – January 14, 2004, Page #1 Minutes – Committee of Adjustment – January 14, 2004 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. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached. iii) Letters were received from the following people. Mr. Fahner read the letters aloud, copies of the letters are attached.

• Gilda Greer • Andrew Multzer • Iris and Grant Greer

Mr. Fahner noted that staff had concerns that were alluded to in the District’s comments re: the size of the lots. The Official Plan requires a minimum of 400 feet of frontage and, therefore, staff could not support the application.

Mr. Kevin Greer, 1526 Norwood Avenue, Burlington, Ontario attended the meeting. Mr. Greer stated that two smaller cottages on the proposed severed lots would have far less impact than one large cottage, the distance from the shoreline to the proposed location of the cottage is significant and moving the right of way would be no problem.

Mr. Ed Olsen, RR#1, Utterson, Ontario attended the meeting in support of the application. Mr. Olsen stated that his family has owned neighbouring lands since 1878 and had no objection to the application.

Mr. William Hayes, 737 Limeridge Road, Hamilton, Ontario attended the meeting in support of the application.

No one attended the meeting in opposition to the application.

Member Nishikawa noted her concerns with the septic requirements on the lot. Mr. Fahner stated that the Building Department comment on Class 4F septic systems. If an applicant wishes a different system, then an engineering report would be required. Mr. Bos had indicated that Class 4F septic system could be installed on both of the proposed lots but the locations are very restrictive.

In answer to Member Pryke’s questions, Mr. Greer showed the location of the proposed development for severed lot # 1. He indicated that development is not proposed for severed lot # 2. Mr. Fahner stated that it is not staff’s preference to rezone the (OS2) zoning, however, anyone can make an application.

Ms. Iris Greer, RR # 1, Fish Hatchery Road, attended the meeting in support of the application. Ms. Greer stated that the proposed severed lots are approximately 1/3 of a mile from the Township Road.

In answer to Member Thompson’s question, Mr. Fahner stated that Committee cannot create a lot that does not comply with the By-law, if the zoning was to remain (WR6).

Minutes – Committee of Adjustment – January 14, 2004, Page #2 Minutes – Committee of Adjustment – January 14, 2004 Mr. Greer asked Committee if they would be satisfied if the proposed retained lot was attached to the proposed severed # 1. Mr. Fahner cautioned Committee and explained that a frontage requirement is the more important issue regarding density along the waterfront. Members from a previous Committee recalled the Beckett applications that were initially denied (also on Skeleton Lake).

In answer to Member Pryke’s question, Mr. Fahner stated that an Official Plan Amendment application would be required.

In answer to Member Hare’s question, Mr. Fahner stated that the lots to the North East of the property are zoned WR1 but are pre-existing lots.

Member Thompson did not offer her support to deny the application. She felt the slopes and narrow waterbody is questionable. The proposal is inkeeping with the character of the area, is a heritage property and there were no neighbouring concerns.

Mayor Pryke commented that the District of Muskoka did not offer their support of the proposal and is the approval authority for an Official Plan Amendment. She could not support the proposal.

Resolution Number: CA-02-14/01/2004

Member Wallace – Member Hare: Be it resolved that Consent be denied for Application B/91/94/03/ML, (Greer) due to the policy requirements for steep slopes and narrow waterbodies.

Carried.

b. B/93/03/ML, Alford, Part of Cameron Island, Lake Joseph, (Medora), 4-25-029. A copy of the report was attached to the agenda.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff had no objection provided all conditions are met.

Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1V2 attended as agent for the application to answer any questions. No one attended the meeting in support or in opposition to the application.

In answer to Member Nishikawa’s question, Mr. Roche stated that there is a private agreement between the vendor and purchaser that no new lots can be created for 20 years.

Minutes – Committee of Adjustment – January 14, 2004, Page #3 Minutes – Committee of Adjustment – January 14, 2004 Resolution Number: CA-03-14/01/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/93/03/ML, (Alford), provided the following conditions are 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.

2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township.

3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less.

4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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.

5. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and area and by rescinding Section 1i) of By-law 96-172.

6. That mainland access be confirmed.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried. c. B/95/03/ML, Walker/Martonfi, Part of Lot 5, Concession 14, (Medora), 4-8-019. A copy of the report was attached to the agenda.

Minutes – Committee of Adjustment – January 14, 2004, Page #4 Minutes – Committee of Adjustment – January 14, 2004 Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff had no objection provided all conditions are met. Staff had used the existing lot of record provision for a division of existing uses as the main reason for the recommendation as the lots had inadvertently merged together in the year 2000.

Mr. John Walker, 50 Rowley Avenue, Toronto, Ontario M4P 2T4 attended the meeting. Mr. Walker noted that with respect to the septic system, it will be replaced but would like to leave it on Part 9 and include it in the application.

Mr. Fahner stated that Mr. Bos would have to comment on this request and suggested that this application be adjourned.

No one attended the meeting in support or in opposition to the application

Committee had no questions.

Committee agreed to adjourn the application so the applicant could have further discussion with Mr. Bos regarding the septic system.

ADJOURNED. d. B/96/03/ML, Reid, Part of Lot 5, Concession 14, (Medora), 4-8-018. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff had no objection provided all conditions are met.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.

No one else attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment – January 14, 2004, Page #5 Minutes – Committee of Adjustment – January 14, 2004

Committee had no questions.

Resolution Number: CA-04-14/01/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/96/03/ML , (Reid), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and lot area.

The severed lot is to be added to the abutting lot currently in the ownership of John Forbes Walker and Maria Martonfi.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

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).

Carried.

6. Hearing of Consent Applications

a. B/12/03/ML – Amended, French, Part of Lot 32, 33 and 34, Concession 2, (Watt), 2-8-022. A verbal report was presented.

Mr. Fahner 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 – January 14, 2004, Page #6 Minutes – Committee of Adjustment – January 14, 2004 i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff had no objection provided all conditions are met. Staff had recommended to Committee that site plan control should be imposed to protect a low-lying area on the subject lands.

Mr. Paul Donaldson, RR # 3 Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Donaldson stated that he would like the site plan to be located for the low- lying area only and not for the whole of the lands. Mr. Fahner stated that site plan control is defined for the whole lands. An agreement would be registered on title for the whole lands.

Mr. Bill Cunningham, 47 Broadview Avenue, Port Credit, Ontario L5H 2S8 attended the meeting. He noted his concerns regarding a legal right-of-way to his property across and the registered owners of the subject lands. There has been blasting, the land is eroded from extensive grading. He suggested that a 15 foot buffer of trees be left along the lot line abutting his lands.

Mr. Fahner stated that a legal right-of-way would remain and the lands are currently registered to the French’s.

Mr. Donaldson stated that on June 15, 2003 he and the French’s had closed an agreement for purchase of sale on the subject lands. The transfer of land is in transition and should be transferred by next week from the French’s to himself. They are not proceeding with the construction of the boathouse but intend to construct a dwelling and should be completed by the spring 2005. He noted that building permits have been obtained for all that has been constructed to date.

Ms. Hilda Coker, Box 418, Port Carling, Ontario P0B 1J0 attended the meeting for clarification of recreational purposes. Mr. Donaldson stated that the recreational purposes proposed would include, mountain biking and cross- country skiing trails. He noted that the area that is zoned EP1 in Brackenrig Bay would not be touched.

In answer to Mr. Cunningham’s question, Mr. Donaldson stated that they intend to sell the proposed severed lot in the future.

Member Ellis’ questioned if site plan control could be imposed in a certain area. Mr. Fahner stated that site plan control is on the entire lands.

In response to Member Hare’s comments, Mr. Fahner stated that walking trails are not subject to site plan control.

Mr. Fahner added that Environmental Protection (EP1) zoning prevents development (ie. buildings). Site Plan Agreements control tree removal and development.

Member Pryke could not vote on the application, as she did not hear the original presentation.

Minutes – Committee of Adjustment – January 14, 2004, Page #7 Minutes – Committee of Adjustment – January 14, 2004 Committee agreed to rezone the small low-lying portion to Environmental Protection (EP1).

Resolution Number: CA-05-14/01/2004

Member Wallace – Member Martin: Be it resolved that Consent be granted for Application B/12/03/ML - Amended, (French), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township.

4. That the lowlying area on the retained lot abutting Artherlie Bay be rezoned to EP1.

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).

Carried.

b. B/72/73/74/03/ML, Pratt/Gemmell-Freeman/Fraser, Part of Lot 34, Concession 7 and 8, (Bala and Wood), 7-1-004-02, 7-1-004, 6-10-026. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 days prior.

Minutes – Committee of Adjustment – January 14, 2004, Page #8 Minutes – Committee of Adjustment – January 14, 2004 Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff noted that Council has deferred a decision on a rezoning, provided a right- of-way was obtained.

Mr. Bill Ackert 777 Clair St. Chatham, Ontario, N7M 5J7 attended the meeting as agent for the applicant. Mr. Ackert explained that when the lands were transferred into his wife’s name, the previous existing right-of-way was not included.

Mr. Bernie Pratt, RR # 3, Gravenhurst, Ontario P1P 1R3 attended the meeting in support of the application.

No one attended the meeting in opposition to the application.

Committee had no questions.

Resolution Number: CA-06-14/01/2004

Member Wallace – Member Thompson: Be it resolved that Consent be granted for Application B/72/73/74/03/ML , (Pratt/Gemmell-Freeman), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

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).

Carried.

Minutes – Committee of Adjustment – January 14, 2004, Page #9 Minutes – Committee of Adjustment – January 14, 2004 c. B/89/03/ML, Willmott, Part of Tondern Island, Lake Muskoka, (Monck), 9-15-062. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 22 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department no objection. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector, indicating sufficient area for septic disposal. A copy of the memo is attached.

Staff had no objections provided all of the conditions are met.

Mr. Ian Willmott, Milford Bay, Ontario P0B 1B0 attended the meeting. Mr. Willmott explained that there would be no change in the shoreline, the proposed area will facilitate an addition to the dwelling.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-07-14/01/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/89/03/ML , (Willmott), 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 the new lot line is no closer than 15 feet to all structures on the retained lot.

The severed lot is to be added to the abutting lot currently in the ownership of Ian and Mary Willmott.

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 – January 14, 2004, Page #10 Minutes – Committee of Adjustment – January 14, 2004 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).

Carried. d. B/90/03/ML, Campbell Drummond Company Inc., Part of Lot 16 and 17, Concession 12, (Medora), 4-19-024-02. A verbal report was presented.

Mr. Fahner 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. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

Staff inspected the property on January 13, 2004. The proposed retained lot has a modest dwelling on it and the proposed severed lot has a boathouse. Staff had no concerns with the application provided the conditions are met. Staff noted that the property should be flagged for confirmation of the septic location.

Mr. Robert Baron, 50 The Palisades, Toronto, Ontario M6S 2X6 attended the meeting. Mr. Baron noted that proposed location for the septic is cleared and showed the area on the sketch.

In answer to Member Hare’s question, Mr. Fahner stated that the boathouse has living accommodations in it.

In answer to Chair Fairfield’s question, Mr. Baron stated that if the lot line was adjusted to the north it would be close to the driveway for the retained.

Committee discussed the proposal and agreed to adjourn the application so the applicant could flag the lot and review the options for the septic system.

Resolution Number: CA-08-14/01/2004

Member Ellis – Member Goltz: Be it resolved that this Application (B/90/03/ML), Campbell Drummond Company Inc.) be adjourned In order for the proposed lot lines to be flagged onsite and for the applicant to obtain approval for a sewage system on the severed lot.

Carried. e. B/92/03/ML, Martin, Part of Lot 30 and 31, Concession 1, (Medora), Part of Lot 31, Concession 2, (Port Carling), 4-21-007, 5-1-007. A verbal report was presented.

Minutes – Committee of Adjustment – January 14, 2004, Page #11 Minutes – Committee of Adjustment – January 14, 2004

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 22 days prior.

Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department no objections. a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector, indicating sufficient area for septic disposal. A copy of the memo is attached.

Staff had no objections provided all of the conditions are met.

Mr. Richard McCrae, 33 Robinson Street, Apt. 1702, Hamilton, Ontario L8P 1Y8 attended the meeting to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-09-14/01/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/92/03/ML, (Martin), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

The severed lot is to be added to the abutting lot currently in the ownership of Richard McCrae.

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.

Carried.

Minutes – Committee of Adjustment – January 14, 2004, Page #12 Minutes – Committee of Adjustment – January 14, 2004 f. B/97/03/ML, Nicholson, Part of Lot 28 and 29, Concession D, (Medora), 4-22- 047. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 22 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached.

iii) Letter from Ruth Buttler requesting notification of the application. A copy of the letter is attached.

Staff inspected the property. There is a mix of tree cover, mostly deciduous with a conifer band along the shoreline. Staff recommended approval provided all conditions are met.

Ms. Marie Poirier, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for the applicant. Ms. Poirier stated that the application meets the requirements of by-law, and Committee could impose development control techniques if required.

In answer to Ms. Poirier question, Mr. Fahner stated that an application would not be required as it would be a condition of the application.

In response to Member Nishikawa’s concern with deer wintering, Mr. Fahner stated that there is a very narrow band of conifer cover, and development should not be a problem in this area.

Ms. Poirier stated that development control could be addressed within the front yard setback requirement of the by-law.

In answer to Member Martin’s question, Mr. Fahner stated that the applicant could obtain a building permit today without site plan control due to the Waterfront Residential (WR1) zoning.

Resolution Number: CA-10-14/01/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/98/03/ML, (Nicholson), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site

Minutes – Committee of Adjustment – January 14, 2004, Page #13 Minutes – Committee of Adjustment – January 14, 2004 sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township.

3. Due to the steep slopes through the rear of the severed lot, a right-of-way is required over the retained lot to service the severed 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.

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).

Carried.

g. B/98/03/ML, Stokholm, Part of Lot 21, Concession 6, (Cardwell), 1-4-112. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 22 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.

ii) Memo received from Sandy Bos, Building Inspector, indicating sufficient area for septic disposal. A copy of the memo is attached.

Staff had no objection provided all the conditions are met.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-11-14/01/2004

Member Goltz – Member Ellis: Be it resolved that Consent be granted for Application B/98/03/ML, (Stokholm), provided the following condition is fulfilled:

Minutes – Committee of Adjustment – January 14, 2004, Page #14 Minutes – Committee of Adjustment – January 14, 2004 1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

7. Hearing of Minor Variance Applications

a. A-53/03, Rawlinson/Malone, Part of Lot 16, Concession 9, (Medora), 4-12-051.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 21 days prior.

Submissions were received from the applicant. Mr. Fahner read the letters aloud, copies of which are attached.

Staff inspected the property. The property is well treed and the proposal will not be visible from the lake. Staff had suggested that Committee could add a condition that the garage is not habitable.

No one attended the meeting.

In answer to Member Nishikawa’s question, Mr. Fahner stated that the applicant is removing the wood shed and lot coverage would have to comply.

Resolution Number CA-12-14/01/2004

Member Martin – Member Thompson: Be it resolved that Application A-53/03, Rawlinson/Malone, to allow for the construction of a garage on an undersized lot, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the condition that the garage is non-habitable.

Carried.

CONDITION: The garage is to be non-habitable.

Minutes – Committee of Adjustment – January 14, 2004, Page #15 Minutes – Committee of Adjustment – January 14, 2004

b. A-54/03, Zavitz, Part of Lot 18, Concession F, (Medora), 6-19-003.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 21 days prior.

Letter of support was received from Jack and Pat Sinclair. Mr. Fahner read the letter aloud, a copy of which is attached.

Staff noted that a previous approval was given in 1999 for the garage to be setback 13 feet. A recent survey confirmed the garage to be located 10.8 feet from the road.

Mr. Keith Edwards, Box 65, Bala, Ontario P0C 1A0 attended the meeting as agent for the applicant. Mr. Edwards stated that the applicants had installed a new septic system, torn down a dry boathouse and an existing cabin. The subject lot is one of the larger lots in the area. There is an order to comply for the decks. The new survey shows the decks to be actually 39 feet from the present water’s edge. In 1999 there was an approval given for the garage with no survey. All of the Building Permits were issued on information given at that time.

No one else attended the meeting in support or in opposition to the application.

In answer to Member Pryke’s question, Mr. Fahner stated that the application must be re-circulated as the original proposal was circulated at 42 feet (front yard setback).

Member Ellis indicated that she would support the application. She noted that she would like to see surveys done prior to construction.

Committee agreed to adjourn and re-circulate the application.

Staff indicated that it would come back to the February 4th, 2004 meeting.

In answer to Mr. Keith’s question, Chair Fairfield stated that the sale and closing date of a property is not a concern of the Committee of Adjustment.

ADJOURNED.

c. A-55/03, Crews, Part of Lot 27, Concession 11, (Monck), 9-11-046.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 21 days prior.

Minutes – Committee of Adjustment – January 14, 2004, Page #16 Minutes – Committee of Adjustment – January 14, 2004

No submissions were received.

Staff had questioned the location of the addition.

Ms. Jane Crews, 864 Edistel Crescent, Mississauga, Ontario L5H 1T4 attended the meeting. Ms. Crews stated that they purchased in 1982, and would like to add more area to facilitate a bigger seating area for the existing bedroom. They had approached their neighbours, (Bob Kinsmen, Bev and Joyce Roberts) who indicated that they had no objection to the proposal.

In answer to Member Thompson’s question, Mr. Fahner stated that lot coverage permit in the R3 zone is 35%. Ms. Glazier stated that they are at 17% lot coverage.

In answer to Member Wallace’s question, Ms. Crews stated that the total size of the cabin would 26 x 12 feet.

In answer to Member Pryke’s question, Ms. Crews stated they could not put the addition on the back of the cabin due to a stream in that location. She also noted that the proposed location would not require any tree removal.

Mr. Ron Crews, 864 Edistel Crescent, Mississauga, Ontario L5H 1T4 attended the meeting.

Resolution Number CA-13-14/01/2004

Member Goltz – Member Ellis: Be it resolved that Application A- 55/03, Crews, to allow for the construction of an addition to an existing sleeping cabin which isto be 1 foot 5 inches from the side lot line and 9 feet from the front lot line (high water mark), as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

9. Unfinished Business

10. New Business

11. Statistics

Minutes – Committee of Adjustment – January 14, 2004, Page #17 Minutes – Committee of Adjustment – January 14, 2004

12. Adjournment

Resolution Number: CA-14-14/01/2004

Member Ellis – Member Goltz: Be it resolved that the meeting adjourn at 12:34 p.m.

Carried.

Adele Fairfield, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – January 14, 2004, Page #18 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, February 4, 2004, 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 C. Minty - Planning Administrative Assistant Susan Pryke left @ 10:20 a.m. arr. @ 11:24 a.m. Ruth Nishikawa Stewart Martin Brian Hare

Regrets: Don Goltz

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Pryke declared a conflict of interest regarding Item 5.c. (Nesbitt).

3. Adoption of Minutes

a. A copy of the Minutes dated January 14, 2004, was attached to the agenda.

Resolution Number: CA-01-04/02/2004

Member Grady – Member Hare: Be it resolved that the minutes dated January 14, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. Robert Baron attended the meeting re: Item 9.a., Unfinished Business, Campbell Drummond Company Inc.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/99/100/101/03/ML, French and DuVernet, Part of Lot 33 and 34, Concession 2, (Watt), 2-8-022, 2-8-029. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history, nature and location of the application/property. Minutes – Committee of Adjustment – February 4, 2004, Page #1 Minutes – Committee of Adjustment – February 4, 2004

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Letter received from Barbara and Peter Phelps. Ms. Ghikadis read the letter aloud, a copy of which is attached. iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff recommended approval subject to conditions.

Mr. Paul Donaldson, RR #3, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Donaldson stated that he is now the registered owner of the Duvernet property. He noted that the proposed lot line will be moving slightly to the south.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1V8 attended the meeting requesting notification.

In answer to Member Ellis’ question, Mr. Fahner stated that anyone can make an application for a change in zoning. The exemption to the by-law is for minimum lot frontage. He noted that the proper zoning is Waterfront Residential (WR5).

In answer to Member Nishikawa’s question, Mr. Fahner stated that the conditions that are recommended are similar to what was approved by the Ontario Municipal Board.

Mr. Donaldson wanted to finalize the severance quickly and not remove the illegal structure until later. Mr. Fahner stated if the condition is not added regarding the removal of illegal structure, the neighbours could appeal it to the Ontario Municipal Board.

Resolution Number: CA-02-04/02/2004

Member Hare – Member Grady: Be it resolved that Consent be granted for Applications B/99/100/101/03/ML, (French/DuVernet) 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,

Minutes – Committee of Adjustment – February 4, 2004, Page #2 Minutes – Committee of Adjustment – February 4, 2004 whichever is less (if it has not already been paid in Application B/12/03/ML – Amended).

3. All illegal dock, boatport, canoe rack encroachments into the required sideyard setback for the severed lot in Application B/99/03/ML be removed.

4. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage on the southern resultant lot.

5. That the existing septic system is inspected and replaced if necessary.

6. The severed lot in applications B/100/101/03/ML be joined in title to the abutting property.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

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).

Carried.

b. B/102/03/ML, McDermott, Part of Lot 3, Concession 9, (Medora), 4-6-075. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. 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.

Minutes – Committee of Adjustment – February 4, 2004, Page #3 Minutes – Committee of Adjustment – February 4, 2004 Staff noted that, in terms of the Township By-law and Official Plan policies, the longer lot line is considered the front lot line. Staff had no objection to the proposed.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1V8 attended the meeting as agent for the applicant. Ms. Walton stated that Chris McDermott is going to live on the subject land and he will be operating the golf course.

No one else attended the meeting in support or in opposition of the application.

Ms. Karen McAlpine, District of Muskoka attended the meeting and reiterated the concern outlined in their letter.

Ms. Walton stated that there will not be any additional development rights for the subject lands and an entranceway exists.

Resolution Number: CA-03-04/02/2004

Member Hare – Member Grady: Be it resolved that Consent be granted for Application B/102/03/ML, (McDermott), provided the following conditions are 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.

3. That the lands be subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., 1990, as amended, respecting the location of wells on the property in relation to the Muskoka Road.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Minutes – Committee of Adjustment – February 4, 2004, Page #4 Minutes – Committee of Adjustment – February 4, 2004 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).

Carried.

c. B/103/03/ML, Nesbitt, Part of Lot 39, Concession 7, (Bala), 7-1-027. 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 20 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) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of the letters are attached.

• Marcella Houdack • Gordon Ramey, Gordon Ruthledge and two illegible signatures • Gordon H. Ramey • Petition with 24 signatures • Gordon Ramey

iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff noted that this application is a transfer of development rights only. Committee may wish to discuss limiting the permitted uses on the OS2 lands.

Mr. Art Nesbitt, 1311 Golden Beach Road, Bracebridge, Ontario. Mr. Nesbitt stated that they intend to change the locations of the development rights and would be reducing the environmental impacts for the lot on the other side of the lake.

Mr. Nesbitt noted his concerns regarding the District of Muskoka comments with respect to a conservation easement. Ms. Ghikadis stated that staff would have to request a deferral to gather information regarding this easement. Mr. Nesbitt stated that they intend not to construct anything within the first 500 feet of the waterfront.

Mr. Gord Ruthledge, Box 1037, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. He noted his concerns with the OS2 zone and any potential development on this lot.

Minutes – Committee of Adjustment – February 4, 2004, Page #5 Minutes – Committee of Adjustment – February 4, 2004 In answer to Member Nishikawa’s question, Mr. Fahner stated that the lake is considered a natural severance. Ms. Ghikadis stated that the property is under one roll number but is actually four separate parcels and the natural severance is the Crown lakebed.

Member Pryke stated that conservation easement is something that is registered on title. Mr. Nesbitt stated that they have no intentions to develop the lot at this time.

Ms. McAlpine stated that a conservation easement is an option for the applicant to look into but it would restrict development.

Mr. Nesbitt stated that if Committee wishes to impose a 1000 foot setback he would comply.

Member Hare suggested that all of the permitted uses be removed except for Conservation only for the OS2 zone.

In answer to Member Wallace’s question, Ms. Ghikadis stated that there are currently two separate lots according to the District’s water quality model.

In answer to Member Thompson’s question, Ms. Ghikadis stated that there are currently development rights on the southern lot. Member Thompson agreed that development rights should be removed from the southern lot.

In answer to Member Pryke’s question, Ms. Ghikadis stated that a dock is permitted in an OS2 zone.

Mr. Nesbitt stated that they intend to leave the southern lot in its natural state, but wish to have a dock. Ms. Ghikadis stated that they could have a 66 foot long dock. Mr. Fahner suggested that Committee may restrict the size of the dock at Planning Council.

Resolution Number: CA-04-04/02/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/103/03/ML, (Nesbitt), 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.

3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law to permit lot creation in a WR4 Zone.

Minutes – Committee of Adjustment – February 4, 2004, Page #6 Minutes – Committee of Adjustment – February 4, 2004 4. The lands at the south of the lake be rezoned to Open Space (OS2) to permit “Conservation” only.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended).

Carried.

d. B/104/105/03/ML, Jack, Part of Lot 16, Concession 3, (Wood), 8-9-103. 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 20 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) Letters were received from Donald Cockburn. Ms. Ghikadis read the letter aloud, a copy of the letter is attached.

iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff noted that the Township’s maps accurately reflects Mr. Cockburns concern regarding the closure of his road allowance. Staff had no objection provided all conditions are met.

Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, P1L 1Z8 attended the meeting as agent for the applicant. Ms. Doyle noted that it is a relatively level lot, vacant and no intentions of development, however, it could facilitate a future parking lot or boat storage.

No one else attended the meeting in support or in opposition of the application.

Committee had no questions.

Minutes – Committee of Adjustment – February 4, 2004, Page #7 Minutes – Committee of Adjustment – February 4, 2004

Resolution Number: CA-05-04/02/2004

Member Ellis - Member Grady: Be it resolved that Consent be granted for Application B/104/105/03/ML, (Jack), 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.

3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less

4. That the severed lot in Application B/105/03/ML be rezoned to Waterfront Commercial (WC2) to reflect its intended marine use.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

e. B/106/03/ML, McCormack, Part of Lot 26, Concession 9, (Monck), 9-10-035. 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 20 days prior.

Minutes – Committee of Adjustment – February 4, 2004, Page #8 Minutes – Committee of Adjustment – February 4, 2004 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. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, P1L 1Z8 attended the meeting as agent for the applicant. Ms. Doyle noted that many properties in Milford Bay are accessed by small lane ways. Photographs of the subject lands were circulated to Committee. The proposed lots are compatible, level lots and there will be no removal of sigificant vegetation. The existing driveway has ample area for emergency vehicle access. She also noted there are suitable sites for a septic system.

Ms. Joy McCormack, 1230 Milford Bay Road, Milford Bay, Ontario P0B 1E0 attended the meeting.

No one else attended the meeting in support or in opposition of the application.

Member Nishikawa noted her concern with the location of dwellings and setback from the easement. Ms. Ghikadis stated that the minimum setback from the right-of-way is 10 feet. She noted that the proposal meets all of the by-law requirements and the maximum lot coverage permitted in the R3 zone is 20%.

Resolution Number: CA-06-04/02/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/106/03/ML , (McCormack), 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.

3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less.

Minutes – Committee of Adjustment – February 4, 2004, Page #9 Minutes – Committee of Adjustment – February 4, 2004 4. The subject lands be brought into conformity with the zoning by-law by means of an exemption to the By-law for lot frontage on the severed lot.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended).

Carried.

6. Hearing of Consent Applications

a. B/107/03/ML, 1271005 Ontario Ltd., Part of Lot 19, Concession 10, (Medora), 4- 13-052. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating no objection in principle to the application that is currently proposed. A copy of the letter is attached.

ii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff had no objections provided all conditions are met.

Ms. Karen Flood, Box 492, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the application.

No one else attended the meeting in support or in opposition of the application.

Committee had no questions.

Minutes – Committee of Adjustment – February 4, 2004, Page #10 Minutes – Committee of Adjustment – February 4, 2004 Resolution Number: CA-07-04/02/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/107/03/ML, (1271005 Ontario ltd.), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

b. B/108/03/ML, Lowe, Part of Lot 23 and 24, Concession 6, (Port Carling), 5-4-056- 04. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

ii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff noted that the existing right-of-way is currently being used. The proposed right-of-way has been partially constructed and staff had no concerns to the application, provided the old right-of-way is extinguished.

Minutes – Committee of Adjustment – February 4, 2004, Page #11 Minutes – Committee of Adjustment – February 4, 2004 Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.

Resolution Number: CA-08-04/02/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/108/03/ML, (Lowe), 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 existing right-of-way is extinguished.

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).

Carried.

c. B/109/110/03/ML, Moffat, Part of Lot 29, Concession 5, (Watt), 2-9-072. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating District staff had no objection in principle to the application that is currently proposed. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Letters were received from John F. Petch. Ms. Ghikadis read the letter aloud, a copy of which is attached.

iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Minutes – Committee of Adjustment – February 4, 2004, Page #12 Minutes – Committee of Adjustment – February 4, 2004 No one attended the meeting in support or in opposition of the application.

Committee agreed to add the condition that the Township is satisfied that there is adequate on site sewage disposal systems.

Resolution Number: CA-09-04/02/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/110/03/ML, (Moffat), 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. Confirmation that the Township is satisfied that there is adequate on site sewage disposal systems.

3. That the previous severance on the abutting lot is broken (B/109/03/ML).

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.

Carried.

d. B/111/03/ML, Snelgrove, Part of Lot 6 and 7, Concession 8, (Medora), 4-5-082. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – February 4, 2004, Page #13 Minutes – Committee of Adjustment – February 4, 2004 i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating no objection in principle to the application that is currently proposed. 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.

Staff stated that property was not flagged and concurred with Mr. Bos’ comments that the septic system needs to be addressed and requested that the application be adjourned.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting.

Mr. Richard Maas, attended the meeting in opposition to the application., Mr. Maas noted his concerns that the subject property could be converted into a waterfront landing for the golf course in the future. Mr. Fahner stated that anyone can make an application.

In answer to Member Wallace’s question, Ms. Walton stated that the proposed severed portion of the lot is unbuildable. The additional land is for docking and lot coverage.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that the properties are accessed by a right-of-way off Highway 169. This is not proposing to change.

ADJOURNED.

7. Hearing of Minor Variance Applications

a. A-54/03 – Amended, Zavitz, Part of Lot 18, Concession F, (Medora), 6-19-003.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Staff noted that the garage has similar setbacks to those in the surrounding area. There is good tree cover. Staff never support lot coverage variances, however, the lot coverage has been reduced from the original proposal.

Mr. Cameron Trotter, 27 Roy Street, Kitchener, Ontario N2H 4B4 attended the meeting as solicitor for the applicant to answer any questions.

Mr. Keith Edwards, Box 65, Bala, Ontario P0C 1A0 attended the meeting as agent for the applicant.

In answer to Member Wallace’s question, Ms. Ghikadis stated that the original application for lot coverage was 10.64%. A survey was obtained that showed lot coverage at 10.45% and the setback for the deck was confirmed to be 39 feet.

Minutes – Committee of Adjustment – February 4, 2004, Page #14 Minutes – Committee of Adjustment – February 4, 2004 Resolution Number: CA-10-04/02/2004

Member Thompson – Member Martin: Application A-54/03 - Amended, Zavitz, to allow for a new balcony and rebuilt and extended decks to be located 39 feet (at the closest point), to allow a lot coverage of 10.45% and to recognize an existing garage that is 10.8 feet from the rear lot line and road, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

b. A-56/03, DeLuce, Part of Lot 21, Concession 8, (Medora), 4-11-103-05.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on February 3, 2004. The dock with gazebo, and boathouse complies with by-law. The main issue is lot coverage due to the large dwelling. Staff questioned the deck on dwelling that acts as a roof over a walkout. This would be considered additional lot coverage.

Mr. Hugh Smith, Box 59, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Smith stated that with regards to the deck in question, he would review this on site with staff and requested an adjournment.

No one else attended the meeting in support or in opposition to the application.

Member Pryke commented that she would not be supporting lot coverage at 11% or anything over what is permitted. Member Thompson concurred.

ADJOURNED.

c. A-57/03, Robinson, Part of Lot 32, Concession 5, (Port Carling), 5-5-032.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

A submission was received from Saundra and Nick Turnbull. Ms. Ghikadis read the letter aloud, a copy of which is attached. Minutes – Committee of Adjustment – February 4, 2004, Page #15 Minutes – Committee of Adjustment – February 4, 2004 Staff inspected the property on February 3, 2004. The terrain is relatively level in the proposed location of the addition. There is a grove of trees between the boathouse and side lot line. She noted that all of the structures on the lot were constructed circa 1960 and also noted that the carport is not habitable.

No one attended the meeting in support or in opposition to the application.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that the garbage shed is approximately 26 square feet.

Member Pryke questioned if constraints on the property were identified. Ms. Ghikadis stated that they were identified, however, beyond the 200 feet from the high water mark the applicant can comply.

In answer to Chair Fairfield’s questions, Ms. Ghikadis stated that the subject property appears to have two dwellings on it and a single storey boathouse.

In answer to Member Grady’s question, Ms. Ghikadis stated that the existing garage is approximately 783 square feet.

Resolution Number: CA-11-04/02/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-57/03, Robinson, to allow for the construction of two carports which will result in a lot coverage of 11.1% (within the first 200 feet from the shoreline), as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

d. A-59/03, The Cross 1998 Family Trust, David Cross, Elizabeth Cross, Robert Harrison, Part of Lot 21 and 22, Concession 14, (Medora), 4-18-005.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on February 3, 2004. Cedar trees and a cedar hedge screen the dwelling. Staff noted that only a portion of the dwelling does not comply with height. Committee may request additional tree planting in front of the dwelling. Staff had no objection to the application.

Minutes – Committee of Adjustment – February 4, 2004, Page #16 Minutes – Committee of Adjustment – February 4, 2004 Mr. Cross, Box 310, Aurora, Ontario L4G 3H4 attended the meeting. Mr. Cross stated that when the blasting of the foundation occurred they had taken too much rock out. He noted that it is only one corner of the dwelling.

No one else attended the meeting in support or in opposition to the application.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that the size of cupola and floor area is less than 100 square feet.

In answer to Member Pryke’s question, Mr. Fahner stated that the area is well screened from the lake. Directly in front of the dwelling is the location where trees are needed. Mr. Cross stated that they intend to plant additional trees in front, as they had lost two old trees during a storm.

In answer to Member Thompson’s question, Mr. Fahner stated that the end the dwelling is where it is desired by the applicant to have a walkout. It appears to be a two storey dwelling from water, and there are no impacts to neighbours or to the lake.

Resolution Number: CA-12-04/02/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-59/03, The Cross 1998 Family Trust, to allow an existing dwelling to be 38.2 feet in height, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

e. A-60/03, Fox, Part of Lot 16, Concession E, (Medora), 6-18-056.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that the proposed location of the garage is beyond the first 200 feet from the water. Lot coverage is at 6.8%. The location of the proposed garage is level. The applicants have received previous septic approvals.

Mr. Don Fox, 34 Edenridge Drive, Etobicoke, Ontario M9A 3G1 attended the meeting.

Minutes – Committee of Adjustment – February 4, 2004, Page #17 Minutes – Committee of Adjustment – February 4, 2004 No one attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Mr. Fox stated that they need the addition height for the pitch of the roof to hold the snow load.

Member Wallace stated that the applicant could comply with a different design.

Resolution Number: CA-13-04/02/2004

Member Nishikawa – Member Thompson: Be it resolved that Application A-60/03, Fox, to allow for the construction of a two storey garage that is to be 22 feet 6 inches in height, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

f. A-61/03, Nikiforuk, Part of Lot 9, Concession 5, (Wood), 8-8-044.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Submissions were received from W.D. Rex Jenkins. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected the property on February 3, 2004. The property is well vegetated with conifer trees. Staff noted that the boathouse has been removed. Due to the narrowness of the lot, the proposed addition is in the most logical location. Staff also noted that issues regarding the septic should be dealt with.

Ms. Heather Scott, agent and neighbour to the applicant attended the meeting. Ms. Scott noted that the dwelling is approximately 50 years old and is not functional for year round use. She also noted that the neighbours are in favour of the improvements the applicant is proposing.

No one else attended the meeting in support or in opposition to the application.

In answer to Member Hare’s question, Ms. Scott stated that it is a one storey addition.

Minutes – Committee of Adjustment – February 4, 2004, Page #18 Minutes – Committee of Adjustment – February 4, 2004 Resolution Number: CA-14-04/02/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-61/03, Nikiforuk, to allow for the construction of an addition to the existing dwelling to be 17 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

9. Unfinished Business

a. B/90/03/ML, Campbell Drummond Company Inc., Part of Lot 16 and 17, Concession 12, (Medora), 4-19-024-02. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property. She noted that the issue at the time of the hearing was comments from Mr. Bos and the flagging of the lot lines. Since that time Mr. Bos has now submitted revised comments. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Letter received from Vera Ames and Margaret Stanger. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff recommended to Committee that Mr. Bos’ comments should be added to the conditions.

Mr. Robert Baron, 50 The Palisades, Toronto, Ontario M6S 2X6 attended the meeting. Mr. Baron noted that he had inspected the property with Mr. Bos. Subsequent to that the surveyor staked the property and indicated that the property line does not have to be moved. He also noted that Ms. Janet Turnbull has indicated her support via a letter.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-15-04/02/2004

Member Thompson – Member Nishikawa: Be it resolved that consent be granted for Application B/90/03/ML, (Campbell Drummond Company Inc.), provided the following conditions are fulfilled.

Minutes – Committee of Adjustment – February 4, 2004, Page #19 Minutes – Committee of Adjustment – February 4, 2004 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.

3. That the severed lot be made subject to site plan control (by a letter of request to Council).

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).

Carried.

10. New Business 11. Statistics 12. Adjournment

Resolution Number: CA-16-04/02/2004

Member Nishikawa – Member Thompson: Be it resolved that the meeting adjourn at 12:42 p.m.

Carried.

Adele Fairfield, Chair Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – February 4, 2004, Page #20 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, February 25, 2004, 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 Ruth Nishikawa A. Ghikadis - Development Planner Mary Grady A. Glazier – Committee of Adjustment Administrator Ian Wallace C. Minty - Planning Administrative Assistant Stewart Martin Don Goltz

Regrets: Susan Pryke - OGRA/ROMA Conference Nancy Thompson - OGRA/ROMA Conference Brian Hare

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated February 4, 2004, is attached.

Resolution Number: CA-01-25/02/2004

Member Nishikawa – Member Wallace: Be it resolved that the minutes dated February 4, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. Ian Maclaren, Agent, attended the meeting re: Item 9.a., Unfinished Business, DeLuce.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

6. Hearing of Consent Applications

a. B/01/04/ML, Noyek, Part of Lot 30, Concession 2, Part 8, Part 34, RD-1026, (Port Carling), 5-1-017. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – February 25, 2004, Page #1 Minutes – Committee of Adjustment – February 25, 2004

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

ii) Letter from Mr. and Mrs. Walker requesting notification of the decision. A copy of the letter is attached.

Ms. Ghikadis read a letter submitted with the application from Mr. Brian Jacques, solicitor for the applicant. A copy of the letter is attached. Staff recommended approval subject to conditions.

Mr. Brian Jacques, Box 1220, Bracebridge, Ontario P1L 1V4 attended the meeting as agent for the applicant.

No one else attended the meeting in support or in opposition to the application.

Committee had no questions.

Resolution Number: CA-02-25/02/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/01/04/ML, (Noyek) provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. b. B/02/04/ML, Houghan, Part of Lot 24, Concession F, Parts 2-5, Plan 35R-6244, (Medora), 6-23-047-02. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – February 25, 2004, Page #2 Minutes – Committee of Adjustment – February 25, 2004

Notice of the Hearing was circulated 14 days prior.

Ms. Ghikadis stated that there are no development constraints, WR1 is the appropriate zoning for the property and the proposed lot complies with the by-law for new lot creation. She noted that this could be clasified as a technical severance.

Staff inspected the property on February 17, 2004. The cottage on the proposed severed lot is removed. The boathouse is single storey. There are excellent building and septic sites, however, staff did have concerns regarding the right-of- way.

Mr. John Hiley, 6 Dominion Street, Bracebridge, Ontario P1L 2A6 attended the meeting. Mr. Hiley stated that they intend to close the access over the Township property.

No one else attended the meeting in support of or in opposition to the application.

Member Martin noted his concerns with the B/107/02/ML right-of-way to other properties. Staff indicated that this proposal will not change the access status. It is not a part of this application. Additional applications would have to be submitted. Mr. Hiley stated that it would be a difficult situation to put the applicant in as there would be three (3) additional fees.

Member Ellis stated that she would like to add the District’s comments regarding the existing entrance as a condition. Committee concurred.

Resolution Number: CA-03-25/02/2004

Member Nishikawa – Member Wallace: Be it resolved that Consent be granted for Application B/02/04/ML, (Houghan), provided the following conditions are 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. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. The existing entrance to the retained lot which cross the Township property be closed to the satisfaction of the District Municipality of Muskoka.

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 – February 25, 2004, Page #3 Minutes – Committee of Adjustment – February 25, 2004

Carried.

c. B/03/04/04/ML, Estate of J. Ross LeMesurier, Part of Lot 21, Concession 8, Part 2, Plan RD-2112, (Medora), 4-13-003. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected the property on February 24, 2004. The property is appropriately zoned WR1. Proposed severed lot 1 is vacant with a thick vegetation cover. It is gently sloping up to a hardwood forest. Staff recommended approval subject to conditions.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that she had met with the applicants four years ago regarding this proposal. Pinestone Engineering had completed a septic report at that time.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Martin’s question, Mr. Fahner stated that the Road Allowance is closed.

Resolution Number: CA-04-25/02/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/03/04/04/ML , (LeMesurier), 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.

Minutes – Committee of Adjustment – February 25, 2004, Page #4 Minutes – Committee of Adjustment – February 25, 2004 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township.

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.

Carried

d. B/05/04/ML, Nesdoly, Part of Hiawatha Island, Part 1, Plan 35R-15096, (Medora), 4-22-063. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff did not inspect the property due to the time of year and recommended approval subject to conditions.

Mr. Don Evans, Royal LePage, 1 Lock Street, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.

Resolution Number: CA-05-25/02/2004

Member Nishikawa – Member Wallace: Be it resolved that Consent be granted for Application B/05/04/ML, (Nesdoly), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – February 25, 2004, Page #5 Minutes – Committee of Adjustment – February 25, 2004 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 4. That the owner agrees to enter into an Agreement under Section 51(26) of the Planning Act regarding access.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

e. B/07/04/ML, Dawson/Turner Trustee, Part of Lot 13, Concession 12, Parts 1 and 2, 35R-13581, Part 2, 35R-3210, Parts 3 and 4, 35R14943, (Watt), 2-18-036. 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 14 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) Letter received from Glen A. Smith. Ms. Ghikadis summarized the letter, a copy of which is attached.

Staff had no objection to the lot addition, however, staff requested that the severed lot merge together in title to the abutting properties.

Minutes – Committee of Adjustment – February 25, 2004, Page #6 Minutes – Committee of Adjustment – February 25, 2004 Mr. George Brockey, RR # 1, Utterson, Ontario P0B 1M0 attended the meeting as the contractor for the Schelles (benefitting lot). The Schelle family wishes to add area to the existing lot to facilitate the reconstruction the cottage.

Ms. Jean Schelle, Site 1A, Box 2, RR # 1, Port Sydney, Ontario P0B 1L0 attended the meeting.

Ms. Elizabeth Dawson, Skeleton Lake Road 2, RR # 1, Utterson, Ontario P0B 1M0 attended the meeting.

In answer to Member Nishikawa’s question, Ms. Schelle stated that a new septic was recently installed and it is large enough to accommodate their needs.

Resolution Number: CA-06-25/02/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/07/04/ML , (Dawson & Turner), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. Confirmation that maintenance of the existing right-of-way does not interfere with the operation of the sewage system located on the abutting lot. 4. That an undertaking from a lawyer is submitted to ensure the severed lot (Part 3 & 4, Plan 35R-14943) is joined in title to the abutting properties (being Parts 1, 2 & 5, Plan 35R-14943).

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

Minutes – Committee of Adjustment – February 25, 2004, Page #7 Minutes – Committee of Adjustment – February 25, 2004 7. Hearing of Minor Variance Applications

a. A-01/04, Sheldon, Part of Lot 27, Concession D, (Medora), 4-23-075.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Photographs were circulated to Committee.

Staff inspected the subject property on February 24, 2004. The abutting property to the northwest has excellent tree cover. The setback is not changing. Ms. Ghikadis noted that the Building Department had stated that no part of the eave should encroach onto the neighbouring property.

Mr. Don Sheldon, 68 Hillholm Road, Toronto, Ontario M5P 1M5 attended the meeting. Mr. Sheldon stated that increasing the pitch of the roof is the best way for them to fix a leaking problem.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Nishikawa’s question, Mr. Sheldon stated that it would be an open concept with a loft area over the bedroom. There are no windows on the side that overlooks the neighbour’s property.

Resolution Number CA-07-25/02/2004

Member Ellis – Member Goltz: Be it resolved that Application A- 01/04, Sheldon, to allow for the reconstruction and change in the pitch of an existing roof to be located 1.8 feet from the side lot line (at the closest point), as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

b. A-02/04, Muskoka Lakes Golf and Country Club Limited, Lots 26 to 28, Concession 6, Part 1, 35R-4100, Parts 2 to 5, 35R-2448, Part 1, 35R-16178, (Port Carling), 5-4-082.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Minutes – Committee of Adjustment – February 25, 2004, Page #8 Minutes – Committee of Adjustment – February 25, 2004

No submissions were received.

Staff noted that the OS3 zoning permits docks to extend 80 feet out so the variance is less than what was circulated. It is no closer to the side lot line.

Mr. Bill Wight, MLG&CC, 1330 Ferndale Road, Box 280, Port Carling, Ontario P0b 1J0 attended the meeting as agent for the applicant. Mr. Wight stated that they conduct swimming activities in this area and for safety issues they request the variance.

No one else attended the meeting in support or in opposition to the application.

In answer to Member Grady’s question, Mr. Fahner stated that there have been prior approvals for docks up to 120 feet in length for this property.

Resolution Number CA-08-25/02/2004

Member Ellis – Member Goltz: Be it resolved that Application A- 02/04, Muskoka Lakes Golf and Country Club, to allow for the extension of an existing dock which will result in the dock being 100 feet in length, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the dock extension will have no further impact as to what is existing, the dock extension is in keeping with the existing docks and there were no comments from the neighbours.

c. A-03/04, Green Trustee, Part of Lot 32, Concession 10, Part 2, 35R-19663, (Watt), 2-24-058.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Photographs were circulated to Committee.

Staff inspected the subject property on February 24, 2004. The development exists with elaborate stairs to the shoreline structures. Neighbouring shoreline structures are approximately 500 feet away. Staff had no concern based on the terrain, however, staff does not support anything over the maximum shoreline frontage coverage that is permitted. Ms. Ghikadis read aloud the definition of shoreline structures. Ms. Ghikadis stated that staff is unsure if the concrete pad is used for access, and if a boat could be berthed.

Minutes – Committee of Adjustment – February 25, 2004, Page #9 Minutes – Committee of Adjustment – February 25, 2004

Mr. Don Green, 21 Larsen Park Drive, Medford, New Jersey, 08055 attended the meeting. Mr. Green stated that if Committee wishes the dock to be removed they would comply.

No one else attended the meeting in support of or in opposition to the application.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that the allowable frontage coverage is approximately 44 feet. The boathouse is just under that. The wood ramp and concrete pad put the frontage coverage over.

In answer to Member Martin’s question, Ms. Ghikadis stated that the boathouse does have an external stairway.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that a building permit was issued for the boathouse with a condition that the wood ramp be removed. The concrete pad was not a condition of the permit. The widest distance of the concrete pad is five feet.

Mr. Fahner stated that the structures are a dock as the photographs show mooring whips.

Resolution Number CA-09-25/02/2004

Member Nishikawa – Member Goltz: Be it resolved that Application A-03/04, Green, Trustee, to allow an existing concrete pad to be 4.3 feet from the side lot ine and to allow for a total cumulative width of docks and boathouses (and concrete pad) to be 74 feet or 42% of the lot frontage, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

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 Committee noted that the total cumulative width is too excessive and was a condition of the building permit that the ramp be removed. d. A-04/04, 1220476 Ontario Limited, Part of Lot 28, Concession 4, Lot 2, Plan 35M-679, (Port Carling), 5-3-007-02.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that the applicant phoned and stated that the variance should be 37.5 feet. Staff noted that from the road it appears to be a two storey dwelling.

Minutes – Committee of Adjustment – February 25, 2004, Page #10 Minutes – Committee of Adjustment – February 25, 2004 Mr. Lanny Dennis, Wayne Simpson & Associates, 11 Centre Street South, Unit 2, Huntsville, Ontario. Mr. Dennis stated that the actual height measurement of the dwelling is 37.5 feet. He noted that the walkout basement faces the golf course and will not impact the neighbours. The intent of the by-law is to permit higher buildings in the Urban Centre. The dwelling is modest in size and not out of character of the area. He felt that intent of the Official Plan has been met.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent representing Ripplewood Properties. Ms. Walton requested notification of the decision.

In answer to Members Wallace and Martin question, Mr. Dennis stated that the dwelling is under construction and the roof is on. Chair Fairfield noted that Committee’s decisions should be considered as if the building did not exist.

In answer to Member Goltz’s question, Ms. Ghikadis stated that the original application for the building permit was for a maximum of 36 feet in height. The elevation drawings did not show the walkout basement.

Resolution Number CA-10-25/02/2004

Member Nishikawa – Member Goltz: Be it resolved that Application A-04/04, 1220476 Ontario Limited, to allow an existing dwelling to be 37.5 feet in height, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that it is only the back portion of the dwelling that is 37.5 feet in height, the property is located in an urban center and there were no comments from the neighbours.

e. A-05/04, Messere, Part of Lot 31, Concession 4, Parts 15 and 16, 35R-11442, (Watt), 2-9-013.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photos were circulated.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Clement and Janet Messere • Jack Neilson • Barry French • John and Jenny Baumer Minutes – Committee of Adjustment – February 25, 2004, Page #11 Minutes – Committee of Adjustment – February 25, 2004

Staff does not support any application for lot coverage. Staff had recommended that Committee may wish additional trees be planted.

Mr. Clement Messere, 1473 Brackenrig Road, Port Carling, Ontario P0B 1J0 attended the meeting. The property is going to be restored. They have obtained Evan Marshall Tree Service to do a planting program.

No one else attended in support or in opposition to the application.

Member Nishikawa noted her concern with the sauna being converted into a Bunkie and the tree cover on the lot. Mr. Fahner stated that Committee may wish to impose a condition for site plan control and securities should be taken for the plantings.

Ms. Ghikadis added that sauna is approximately 198 square feet. The by-law does allow a sauna, pumphouse or gazebo less than 200 square feet in floor area in the front yard.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that the existing building height is 25 feet. Mr. Messere stated that only portion of the dwelling (in the middle) would exceed the height requirement due to the walkout basement, and the pitch of the roof.

In answer to Member Grady’s question, Mr. Messere stated that the proposed garage would be a single storey, 18 to 19 feet in height, which has the same design of the dwelling.

In answer to Member Wallace’s question, Mr. Messere stated that there would be no blasting.

Member Nishikawa stated that she could not support the height issue.

Resolution Number CA-11-25/02/2004

Member Goltz – Member Nishikawa: Be it resolved that Application A-05/04, Messere to allow for the construction of a deck that is to be located 32 feet from the high water mark and to allow a lot coverage (within the first 200 feet from the shoreline) of 10.55%, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a satisfactory site plan agreement being entered into with the Township (which will include securities).

Carried.

CONDITIONS: That a satisfactory site plan agreement be entered into with the Township (which will include securities).

Minutes – Committee of Adjustment – February 25, 2004, Page #12 Minutes – Committee of Adjustment – February 25, 2004 REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that there will be minimal impact with the proposed development, the proposed development will improve what exists, and a variance of 0.55% for lot coverage is minimal.

Resolution Number CA-12-25/02/2004

Member Grady – Member Ellis: Be it resolved that Application A- 05/04, (height portion of application), Messere, to allow for the renovated dwelling to be 37 feet in height, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

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 Committee noted that there would be some impact on the waterfront if the dwelling exceeds the height requirement and Committee felt the dwelling could comply with the by-law.

8. Correspondence

9. Unfinished Business

a. A-56/03, DeLuce, Part of Lot 21, Concession 8, (Medora), 4-11-103-05. This application was adjourned at the hearing held on February 4, 2004.

Mr. Fahner explained the history, nature and location of the property/application. The deck was the issue as to whether it constituted a roofed area. Upon further inspection, staff noted that it was indeed a deck and is not included in the lot coverage calculation. What was originally circulated was 11% and has now been reduced to 10.4%, which will facilitate the construction of the boathouse.

Mr. McLaren, 83 Simpson Avenue, Toronto, Ontario. Mr. McLaren circulated drawings and reviewed them with Committee. The existing cottage was constructed prior to By-law 87-87. It had approximately 1000 square feet of decks. He noted that the immediate neighbour had written a letter of support.

Mr. Robert Deluce, Chestnut Park, Toronto, Ontario M4W 1W7 attended the meeting.

Minutes – Committee of Adjustment – February 25, 2004, Page #13 Minutes – Committee of Adjustment – February 25, 2004 Resolution Number: CA-13-25/02/2004

Member Goltz – Member Nishikawa: Be it resolved that Application A-56/03, DeLuce to allow for the construction of a two storey boathouse which will result in a lot coverage of 10.4% (within the first 200 feet from the shoreline), as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

b. B/85/03/ML, Ceschia and Fletcher, Part of Lot 18, Concession 3, (Medora), 6-15- 011. This application was adjourned at the hearing held on December 10, 2003.

Mr. Fahner reviewed the history of the application for Committee. There was concern with the middle lot and the flooding water. The applicant has come back with an amended application for two lots only. This would be a separation of existing uses, as there are currently two dwellings on one lot.

Ms. Evelyn Ceschia, Box 125, Bala, Ontario P0C 1A0 attended the meeting to answer any questions.

Committee had no questions.

Resolution Number: CA-14-25/02/2004

Member Goltz – Member Nishikawa: Be it resolved that Consent be granted for Application B/85/03/ML, (Ceschia & Fletcher), provided the following conditions are fulfilled:

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 – February 25, 2004, Page #14 Minutes – Committee of Adjustment – February 25, 2004 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).

Carried.

10. New Business

a. Rexo-Valley OMB Hearing

Mr. Fahner explained the history of the application to Committee. He noted that Committee had requested a condition that the dock be removed. The applicant appealed Committee’s decision. Staff noted that the severance improved shoreline structures that were permitted on the entire lands. The Planning Department also researched previous applications and found that approvals had been granted to go beyond the maximum permitted width for shoreline structures. Mr. Fahner and Mr. Fitton both felt that they should settle. Mr. Fahner noted that a condition from the OMB was to submit an exemption to the by-law to limit shoreline structures on the retained lot. .

Photographs of the shoreline were circulated to Committee.

11. Statistics

12. Adjournment

Resolution Number: CA-15-25/02/2004

Member Nishikawa – Member Goltz: Be it resolved that the meeting adjourned at 12:08 p.m.

Carried.

Adele Fairfield, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – February 25, 2004, Page #15 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, March 17, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

PRESENT:

Members: Officials Present: Adele Fairfield- Chair Karen Ellis Nancy Thompson S. Fahner - Secretary Treasurer Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Ian Wallace Stewart Martin (left at 11:40 a.m.) Don Goltz Susan Pryke

Regrets:

Ruth Nishikawa

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Nil.

3. Adoption of Minutes

a. A copy of the Minutes dated February 25, 2004, is attached.

Resolution Number: CA-01-17/03/2004

Member Ellis – Member Grady: Be it resolved that the minutes dated February 25, 2004, be adopted and approved as circulated.

Carried.

4. Delegations

a. Nil.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

b. B/08/09/04/ML, Ivory and Donaldson, Part of Lot 14 and 15, Concession 6, (Medora), 4-2-008, 4-2-007. A verbal report was presented.

Minutes – Committee of Adjustment – March 17, 2004, Page #1 Minutes – Committee of Adjustment – March 17, 2004 Ms. Ghikadis explained the history, nature and location of the application/property. Please see the attached explanation along with sketches.

Notice of the Hearing was circulated 20 days prior.

Ms. Ghikadis explained that essentially this application is a land swap between two property owners. It is staff’s understanding that addional land is to be added to the Donaldson property in order to accommodate a septic system. Two lots are existing today and there will still be two lots if this application is approved. The Waterfront Residential (WR) Zone froze lots on Lake Joseph by recognizing the existing lot frontage and area due to water quality concerns. Both lots have existing structures, the property is steep, and there is good vegetation cover. Staff recommends approval of this application with conditions.

Mr. Paul Donaldson, R.R. 1, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Donaldson explained that the land swap is to allow an adequate area for a septic system on the resultant Donaldson lot. The resultant Donaldson lot is to be redeveloped.

No one attended in support or in opposition to this application.

In answer to Member Thompson’s question, Ms. Ghikadis indicated that the Ivory lot will have limited development potential as the lot coverage is approximately at 9%. The Donaldson lot will have additional development potential, however, the amount is not known at this time.

Mr. Donaldson confirmed that the Donaldson lot will have 235 feet of frontage not 200 feet as indicated in the notice. The existing cottage on the Donaldson lot is 3600 square feet and additional 1000 square feet may be allowed. Mr. Donaldson noted that the lot configuration is improving especially in the location of the Ivory boathouse.

Resolution Number: CA-02-17/03/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/08/09/04/ML, (Ivory and Donaldson) provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. Confirmation that the Township is satisfied that both resultant lots are satisfactory for on-site sewage disposal and that any problems identified with any

Minutes – Committee of Adjustment –March 17, 2004, Page #2 Minutes – Committee of Adjustment – March 17, 2004 existing sewage systems be corrected to the satisfaction of the Township.

3. That the subject lands be rezoned and an exemption to the by-law with respect to the minimum lot frontage and area requirements be obtained.

The severed lots are to be added to the abutting lots.

REASONS: This application conforms will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Subsection 3 of Section 50 of the Planning Act applies to any subsequest 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).

Carried.

6. Hearing of Consent Applications

a. B/86/03/ML – Amended, Thiel, Part of Lot 35, Concession 4, (Port Carling), 5-6- 061. 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 14 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) Report from Sandy Bos, Building Inspector, Sewage Systems. A copy of the report is attached.

Ms. Ghikadis noted that there are two issues with this application. The number, type and size of habitable buildings on the proposed lots and the proposed lot configurations. Staff recommends approval of this application subject to conditions including an adjusted lot line, which better reflects the topography and location of buildings.

Minutes – Committee of Adjustment –March 17, 2004, Page #3 Minutes – Committee of Adjustment – March 17, 2004

Mr. Robert List, 103 Southbank Drive, Bracebridge, Ontario, P1L 1G3 attended on behalf of the applicants. Mr. List indicated that Mr. Montgomery was the agent and is away. Mr. List indicated that he agrees with staff’s recommendation, however, he does not agree with the change in the lot line.

Mr. List indicated that in the Official Plan Policies, where there are two legal bonafide uses on the property and the proposed lot sizes comply with the existing lot of record provisions, this property could be divided into three lots. The proposed division of the property is the most appropriate due to the topography. The cottage behind the existing dock physically and visually relates to the north east of the point. Any proposed buildings would be orientated to the bay and to the open lake. Cabin 2 would be removed. Mr. List felt this is the most appropriate division of the lot and it would be beneficial to have two lots instead of three.

No one attended in support of this application.

Mr. William Grimmett, Box 365, Port Carling, Ontario, P0B 1J0 attended on behalf of the Ely family property to the south. Mr. Grimmett commented that the Committee should deny this application due to staff concerns. In considering an application for severance, and although the application complies Committee still has the authority to deny.

Mr. Grimmett recognized that although there is no policy for lot configuration under Township policies, under the Planning Act the Committee should consider the suitability of land being divided. In this case, there is a potential for property owner conflicts due to the close proximity of the structures on the severed and retained (dock and dwelling).

Mr. Grimmett indicated that if this application is approved, he would like to request two conditions. The first condition being that any changes to any of the structures be completed prior to the deeds being stamped. The second condition being that a “no build” zone on the retained lot be imposed. This would restrict any development in close proximity to the Ely property.

Mr. Peter Ely, 1163 Stephen Road, Port Carling, or 116 Alexandra Blvd., Toronto, Ontario, M4R 1M2 attended the hearing. Mr. Ely indicated that he understood that Mr. Thiel plans to build on the point. Mr. Ely circulated a report and photographs, a copy of which is attached. Mr. Ely went through his report with the Committee. Mr. Ely confirmed the “no build” area on the Thiel property which is closest to the Thiel pumphouse.

Mr. Graham Alloway, 226 Inglewood Drive, Toronto, Ontariro, M4T 1J1 attended the meeting. Mr. Alloway’s cottage is located at 1165 Stephen Road and he is a neigbour to the south of the Ely property.

Mr. Alloway gave a history of the subject land and the properties in the area. This area was the original Stephen family farm. The subject land was at one time two properties. An agreement was entered into, although never registered against title, that when these two properties merged there would be no building on the property closest to the Ely property. There was a historical basis that there were concerns on how this lot would be developed. With restricted convenants on the land, or so it was thought, his parents never purchased the “back lands” of the Thiel property.

Minutes – Committee of Adjustment –March 17, 2004, Page #4 Minutes – Committee of Adjustment – March 17, 2004

Mr. Alloway noted that the old foundation was never built on and the reason there was no construction was because of all of the existing buildings, kitchens and bathrooms.

Mr. Alloway felt this property should not be divided as this will increase density on the bay and will encroach on their quiet enjoyment of their properties. If this application is approved, a “no build” zone should be imposed.

It was confirmed for Member Ellis that a “no build” zone could be imposed as a condition as long as it is justified. An increase in the setback can be imposed through a zoning by-law amendment. Mr. Fahner explained Section 51(24) of the Planning Act which indicates that part of the criteria for considering the severing of land is the dimensions and shapes of the lots.

Mr. Fahner confirmed for Member Pryke that if there is no severance, the existing buildings could be removed and the property could be redeveloped with one dwelling and one sleeping cabin.

Mr. List noted that the comments have been fair and constructive. Mr. List indicated that he would like to discuss the ‘”no build” area with his client and the neighbours. Mr. List agreed that cabin 2 should be removed prior to any deeds being stamped. Mr. List felt this was the best division of the property. Mr. List requested an adjournment to discuss these issues with his client and the neighbours.

Mr. Fahner commented that the division of existing uses as outlined in the policies is for two bonafide uses not three or four uses. Mr. Fahner also commented that the windows in the dwelling on the retained lot overlook the dock on the severed lot. The best building location is where the old foundation is located on the retained lot and the lot line should be moved.

It was the consensus of the Committee that this application be adjourned to discuss the removal of buildings, lot line adjustment and the “no build” zone.

APPLICATION IS ADJOURNED.

c. B/06/04/ML, Johann, Part of Lot 7, Concession 8, (Monck), 9-7-064-02. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. A copy of the report is attached.

Minutes – Committee of Adjustment –March 17, 2004, Page #5 Minutes – Committee of Adjustment – March 17, 2004 Ms. Ghikadis indicated that the proposed lots comply with Official Plan policies and zoning requirements. The property is well treed, there is an existing dwelling on the severed lot and there are excellent building sites on the retained lot. Staff recommends approval of this application with conditions.

Mr. David Johann, 1090 Houston Road, Bracebridge, Ontario, P1L 1X4 attended the hearing. Mr. Johann commented that the rock areas are where there is to be no building.

No one attended in support or in opposition to this application.

Member Goltz is familiar with this property and agreed that there is a good building site and the property is heavily treed.

A condition regarding slopes was not imposed. Mr. Fahner commented that this property is in the rural area as opposed to the waterfront.

Resolution Number: CA-03-17/03/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/06/04/ML , (Johann), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

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).

Carried.

Minutes – Committee of Adjustment –March 17, 2004, Page #6 Minutes – Committee of Adjustment – March 17, 2004 d. B/10/16/04/ML, Robertson, Part of Lot 18, Concession 12, (Medora), 4-19-19. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. A copy of the report is attached.

Ms. Ghikadis indicated that this application is for a lot addition only. When the Blair property was created, environmental work was carried out then. There is a holding zone on the severed lot, however, the holding zone was lifted off the Blair property. There is a technical aspect with this application (B/10/04/ML) being that a portion of the Blair property is to be added to Carlingford Road. This lot addition will break the previous severance application in order for the severed lot to merge with the abutting lot. Staff recommends approval of this application with conditions.

Michael Robertson, 12 Waxwing Place, Toronto, Ontario, M3C 1N6 attended the meeting to answer any questions.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario, P0B 1J0 attended the meeting on behalf of the Blairs. Mr. Grimmett indicated he will explain the technical part of this application to the Blairs.

No one attended in support or in opposition to this application.

Resolution Number: CA-04-17/03/2004

Member Goltz – Member Ellis: Be it resolved that Consent be granted for Application B/10/16/04/ML, (Robertson), 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.

3. That the previous severance (B/49/02/ML), is broken.

Minutes – Committee of Adjustment –March 17, 2004, Page #7 Minutes – Committee of Adjustment – March 17, 2004 The severed lot is to be added to the abutting lot currently in the ownership of Fiona Nancy Blair and James Donald Alan Blair.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

e. B/11/12/13/04/ML, Goltz, Elliott, Bullis, Dessart, Part of Lot 29 and 30, Concession 7 and 8, (Windermere), 3-1-018, 3-1-030, 3-1-029. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. A copy of the report is attached.

Ms. Ghikadis explained the right-of-way is existing and is 20 feet in width. Staff recommends approval of these application with conditions.

No one attended in support or in opposition to this application.

There were no questions from the Committee.

Resolution Number: CA-05-17/03/2004

Member Hare – Member Goltz: Be it resolved that Consent be granted for Application B/11/12/13/04/ML, (Goltz, Elliott, Bullis, Dessart), provided the following condition is fulfilled:

Minutes – Committee of Adjustment –March 17, 2004, Page #8 Minutes – Committee of Adjustment – March 17, 2004 1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary- Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended).

Carried.

f. B/14/04/ML, Slater, Part of Lot 5, Concession 3, (Wood), 8-3-035/036/037/040. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Ms. Ghikadis advised that the boathouse and shed have been removed. At one time the property was four separate parcels and they recently merged into one lot.

Ms. Ghikadis advised that the proposed lots conform with Offical Plan policies and zoning requirements. The property is flat and level lot with no constraints. There is good vegetation cover. The garage on the severed lot is in poor repair as well as the work shop. There is a creek that enters the lake between the lot lines.

Ms. Christy Doyle, Planscape, 104 Kimberley Bracebridge, Ontario, P1L 1Z8 attended the hearing on behalf of the applicants. Ms. Doyle requested approval of this applicationl given the size of lots. Fish habitat can be addressed when any construction commences.

No one attended in support or in opposition to this application.

Minutes – Committee of Adjustment –March 17, 2004, Page #9 Minutes – Committee of Adjustment – March 17, 2004 In answer to Member Martin’s question, Ms. Doyle advised that the ownership of the right-of-way can’t be confirmed. Mr. Fitton, Solicitor for the Vendor, is researching the ownership, and it has not been included in any real estate transaction and it has not been included in this application.

Resolution Number: CA-06-17/03/2004

Member Grady – Member Goltz: Be it resolved that Consent be granted for Application B/14/04/ML, (Slater), 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.

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).

Carried.

g. B/15/04/ML, Jeffery, Part of Lot 31, Concession 9, (Windermere), 3-2-080. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. The letter was not read aloud.

ii) Letter from Terry Martino, Agent, for applicants, indicating they wish to withdraw the application.

Minutes – Committee of Adjustment –March 17, 2004, Page #10 Minutes – Committee of Adjustment – March 17, 2004 The Committee had no discussion as this application has been withdrawn by the applicant’s agent.

7. Hearing of Minor Variance Applications

a. A-06/04, Pratcshler, Part of Lot 31, Concession 4, (Watt), 2-9-011.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Ghikadis advised that the property was inspected on March 16, 2004. The proposed dwelling is high and new construction can comply with the by-law. The property is visible with little tree cover. Trees were removed when the tornado went through several years ago. The alternative to the proposed height would be to fill the land. If this application is approved, significant tree planting is requested. Ms. Ghikadis commented that this property is subject to a recent severance application and lot coverage on the proposed lot should be confirmed.

Ms. Christy Doyle, Planscape, 104 Kimberley Street, Bracebrige, Ontario, P1L 1Z8, attended the hearing on behalf of the applicant. A sketch was prepared and the lot coverage was calculated at 8.5% if the severance is completed. The variance requested is for a small portion of the dwelling. The existing dwelling is 42 feet in height for the entire dwelling. The owner wishes to demolish the existing and build a new larger dwelling with a larger footprint. The new dwelling is to be lower than the existing and the roofline will be lower than the existing. The land tapers off, there is little tree cover. The owner will plant trees that will assist in screening the dwelling from the lake. The proposed dwelling will have minimal impact. The owner of Guide Island will see the dwelling and he has no objection.

No one attended in support of this application.

Mr. John Mole, 1473 Brackenrig Road, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Mole questioned what the existing height is and how portions of the proposed dwelling is 34 feet in height. Mr. Mole commented that if the dwelling is actually lower than the existing he would support the application, however, if the entire dwelling was eight inches higher he would have some concerns.

It was confirmed for Chair Fairfield that the portion of the dwelling that is 42.8 feet in height is visible from the lake.

Mr. Fahner confirmed for Member Thompson that the existing dwelling could be repaired to a safe condition, interior renovations could be made, however, with a voluntary tear down, the dwelling must comply with the requirements of the by- law.

Member Ellis questioned the type of trees to be planted. Mr. Fahner commented that he and Committee should review a landscape plan. A mixture of 50 trees may be necessary.

Minutes – Committee of Adjustment –March 17, 2004, Page #11 Minutes – Committee of Adjustment – March 17, 2004

Ms. Doyle commented that cedar and pine screening will be required. A drawing that showed the existing and proposed buildings on an overlay was circulated. The proposed dwelling will be lower than the existing.

Mr. Mole reviewed the overlay drawing and indicated that he is in favour of this application.

Chair Fairfield indicated that she does support this application due to its visual impact on the lake.

Member Pryke commented that the existing is an eyesore and the proposed dwelling will be lower and only a portion of the dwelling exceeds the height requirement. Tree planting will be necessary and it was noted that the neighbour was in support.

Member Martin concurred with Chair Fairfield.

Member Hare concurred with Member Pryke and the proposed will be an improvement as to what exists and trees will be planted to help buffer the proposed dwelling.

Member Thompson felt the proposed dwelling can comply, however, hopefully tree planting will be an improvement.

Member Ellis agreed with the tree planting, however, she questioned how it would be monitored.

Mr. Fahner indicated that the Committee should review the landscape plan, impose site plan control and receive securities in order for the work to be carried out.

Member Wallace commented that the proposed is an improvement as to what exists.

Resolution Number CA-07-17/03/2004

Member Goltz – Member Hare: Be it resolved that Application A- 06/04, Pratcshler, to allow for the construction of a dwelling that is to be 42.8 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a satisfactory tree planting plan implemented through a site plan agreement registered on title with securities.

Carried.

CONDITIONS: A satisfactory tree planting plan implemented through a site plan agreement registered on title with securities must be submitted.

Minutes – Committee of Adjustment –March 17, 2004, Page #12 Minutes – Committee of Adjustment – March 17, 2004 proposed dwelling will be an improvement as to what is existing, the proposed dwelling will be “visually” lower in height as to what is existing, only a portion of the dwelling exceeds the height and tree planting will assist in buffering the dwelling from the lake. It was also noted that one of the neighbours supported the application.

b. A-07/04, DeBruin, Part of Lot 9, Concession 4, (Wood), 8-6-001.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Ghikadis advised that the property was site inspected on February 19, 2004. A building permit was issued (2003-1017) and the dwelling has been framed. There is an existing 2 storey boathouse, single storey garage and shed on the property. The slopes on the property are difficult to establish due to the snow, however, the Ontario Base Maps indicate a slope no greater than 40%. The land slopes up to a plateau where the dwelling is located. Initially the original dwelling was to be added to, however, this was not feasible as the existing dwelling is on piers. The new dwelling is based on a Normerica plan and the package was already made. Only a portion of the dwelling exceeds the height limit and that is where the doors are located in the basement. The property is one of the larger properties in the area, the property is fairly open and there is limited development across the bay. Some tree planting may be necessary.

Mr. Brian Honsberger, Box 21003, Barrie, Ontario, L4M 6J1, Agent, attended the meeting on behalf of the applicants. Mr. Honsberger advised that there is a nine foot difference in the grade as the land quickly falls off to the lake.

No one attended in support or in opposition to this application.

Member Goltz questioned if the property was back filled was it possible to have steps going down to the basement door.

Mr. Fahner commented that where the grade touches the building that is where the height is measured.

Chair Fairfield commented that the maximum height requirement of 35 feet was imposed in order to protect the visual impact on the lake.

Member Martin left the hearing at this time in order to attend a previously scheduled appointment.

It was confirmed that the height of the dwelling is measured to the peak of the roof and the spires are not included in the height measurement.

Member Hare commented that building plans have been submitted to the Building Department and that these plans indicate the structure complying with the by-law.

Minutes – Committee of Adjustment –March 17, 2004, Page #13 Minutes – Committee of Adjustment – March 17, 2004

Mr. Honsberger advised that they were fully aware that they may need to change plans and put in stairs in order to comply.

It was the consensus of the Committee that this dwelling could comply with the requirements of the by-law.

Resolution Number CA-08-17/03/2004

Member Thompson – Member Hare: Be it resolved that Application A-07/04, DeBruin, to allow for the construction of a dwelling that is to be 36.5 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

MOTION DEFEATED.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, is not suitable development for 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 Committee noted that the proposed structure can comply with the requirements of the by-law. It was also noted that the maximum height requirement of 35 feet has been imposed in order to protect the visual impact on the lake.

c. A-08/04, Purkis, Part of Lot 14, Concession B, (Bala), 7-9-007.

Ms. Ghikadis explained the history, nature and location of the application/property.

Member Wallace left the hearing and was not able to participate in the decision.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Ghikadis explained that there was a by-law in 1993 that provided an exemption to allow for 50 foot lots. A severance application was recently granted. Through survey work being carried out it was found that one of the lots is slightly deficient in lot frontage.

William John Purkis, Burgess Street, Bala, Ontario, P0C 1A0, attended to answer any questions.

No one attended in support or in opposition to this application.

It was confirmed that municipal water and sewer services are provided to the proposed lots and the pins are in place for the survey.

Minutes – Committee of Adjustment –March 17, 2004, Page #14 Minutes – Committee of Adjustment – March 17, 2004

Resolution Number CA-08-17/03/2004

Member Hare – Member Thompson: Be it resolved that Application A-08/04, Purkis, to allow for a lot to be created with 49.85 feet of frontage, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Ghikadis advised that the property was inspected on March 16, 2004. There is an existing dwelling, single storey garage and boathouse. The land slopes up from the shore and is well tree. There is adequate screening between the neighbours. There are five single storey structures, one 2 story boathouse and docks in the area. Staff does not support an increase in the floor area.

Mr. John Westcott, Chicopee Craftsmen, 315 Bushwood Court, Waterloo, Ontario, N2T 2E5, attended the meeting on behalf of the applicants. Mr. Westcott indicated an application will be made to finish the second floor as habitable space once septic approval can be obtained. Mr. Westcott advised that between reading the Ontario Building Code and the Township by-law, the second floor is too large. The Township by-law supersedes the Ontario Building Code. The by-law measures the exterior dimensions and the OBC measures the interior. It is only the width of the walls that make the second floor too large. This was an honest mistake.

No one attended in support or in opposition to this application.

Member Hare questioned if the second floor was constructed in accordance to what the building permit indicated.

Mr. Westcott confirmed that the walls could be adjusted or moved to comply, however, the appearance of the structures from the lake wouldn’t change.

It was confirmed that the deck with the roof only is not included with the size of the second floor.

Minutes – Committee of Adjustment –March 17, 2004, Page #15 Minutes – Committee of Adjustment – March 17, 2004

Ms. Ghikadis commented that there is a discrepancy in the plans submitted with the building permit and the plans submitted with the minor variance application.

Mr. Henry Hess, Township Building Inspector, attended the meeting. Mr. Hess confirmed that the building plans exceeded 650 square feet and that was noted on the building permit. The second floor was not to exceed 650 square feet. Mr. Hess also confirmed there are several different ways to define floor area under the Ontario Building Code.

Resolution Number CA-09-17/03/2004

Member Grady – Member Thompson: Be it resolved that Application A-09/04, Jenkins, to allow for the construction of a two storey boathouse in which the second floor is to be 725 square feet and to allow a sleeping cabin on the second floor to be 725 square feet, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, is not suitable development for 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 Committee noted that the proposed boathouse can comply with the requirements of tbe by-law.

8. Correspondence

9. Unfinished Business

10. New Business

11. Statistics

Minutes – Committee of Adjustment –March 17, 2004, Page #16 Minutes – Committee of Adjustment – March 17, 2004

12. Adjournment

Resolution Number: CA-11-17/03/

Member Grady – Member Goltz: Be it resolved that the meeting adjourn at 12:20 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary-Tresurer

Minutes – Committee of Adjustment –March 17, 2004, Page #17 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, April 7, 2004, 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 Brian Hare Mary Grady A. Glazier - Committee of Adjustment Administrator Ian Wallace C. Minty - Planning Administrative Assistant Stewart Martin Don Goltz Nancy Thompson Ruth Nishikawa

Regrets: Susan Pryke

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Wallace declared a conflict of interest re: Item 7.b. (Penwell)

3. Adoption of Minutes

a. A copy of the Minutes dated March 17, 2004, is attached.

Resolution Number: CA-01-07/04/2004

Member Thompson – Member Martin: Be it resolved that the minutes dated March 17, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. Jim Gardiner, Agent, and Mrs. Margaret Walton, Agent, attended at 10:30 a.m. re: Item 9.a., Unfinished Business, Snelgrove.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

b. B/17/18/04/ML, McKenna, Part of Lot 12, Concession 4 and 5, (Monck), 9-2-011. A copy of the report is attached.

Mr. Fahner explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – April 7, 2004, Page #1 Minutes – Committee of Adjustment – April 7, 2004

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Mr. Fahner reviewed the report, a copy of which is attached.

Mr. Peter McKenna, 30 Eglinton Avenue West, Ste. 740, Mississauga, Ontario L5R 3E7 attended the meeting as agent for the applicant. Mr. McKenna stated they are in the process of settling an estate. He agreed to comply with any conditions imposed.

In answer to Chair Fairfield’s question, Mr. McKenna stated that the septic lines will be relocated and will meet the requirements.

Member Nishikawa stated that the second cottage should be converted into a sleeping cabin. Mr. Fahner stated that it is included as a condition and will be considered at the by-law stage.

Resolution Number: CA-02-07/04/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/17/18/04/ML, (McKenna) provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that both severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. The severed lot is to be joined in title to the abutting property. 4. That the subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and area on the severed and retained lots. 5. That the existing buildings on the retained lot be changed to result in one dwelling and one 650 square foot sleeping cabin to conform with Official Plan policies and comply with Comprehensive Zoning By-law 87-87 requirements. 6. That a by-law be passed on the severed lot in application B/18/04/ML to prohibit additional habitable development.

Minutes – Committee of Adjustment –April 7, 2004, Page #2 Minutes – Committee of Adjustment – April 7, 2004 The severed lot is to be added to the abutting property currently in the ownership of Joseph McKenna. REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried.

c. B/19/20/04/ML, Bhimji, Part of Lot 6, Concession 4, (Wood), 8-6-043-01. A copy of the report is attached.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. A copy of the report is attached.

iii) Letters received from the following people. Mr. Fahner read the letters aloud, copies of which are attached.

• Jack Young • Ardeshir M. Eghbali • Dennis Moat • Brad Smith • Terry McFadden

Mr. Fahner stated that the objective of the Official Plan is to maintain disperse development in the rural area. The Province did not want to approve more lots in the rural area. Staff recommended that the application be denied.

Minutes – Committee of Adjustment –April 7, 2004, Page #3 Minutes – Committee of Adjustment – April 7, 2004 Mr. Terry McFadden, Box 521, Bala, Ontario P0C 1A0 attended the meeting as agent for the applicant. Mr. McFadden reviewed the reference plan and the history of the area for Committee. The severed lots would be for residential use only. They propose to construct a dwelling on the retained lands. All of the lots exceed the lot size requirements and the entrances will be off of municipal roads. He requested that Committee consider the severance.

Mr. Brad Smith, 41 Cranberry Lane, Mississauga, Ontario L4G 1Y4 attended the meeting in opposition to the application. Mr. Smith stated that if approved he would accept one new lot only. He noted his concerns with the use of the road allowance and stated that there is an existing mobile home on the lands.

Mr. Jack Young, 1087 Arundel Lodge Road, Gravenhurst, Ontario P1P 1R2 attended the meeting in opposition to the application. Mr. Young stated that Lot 1 has a low-lying area, with a creek running through it. He noted his concerns with the location of a driveway to be located on the crest of the hill. He felt that it does not constitute good planning. Mr. Young requested that, if approval was given, a site plan be required and only one new lot is permitted.

Mr. McFadden stated that he could not speak for the previous owners use of the road allowance but noted that a mobile home is not there. He stated that there is an excessive amount of frontage to locate appropriate entranceways and the zoning maps do not indicate any swampy areas.

In answer to Chair Fairfield’s question, Mr. McFadden stated that the right-of- ways are deeded to the waterfront properties owners.

In answer to Member Nishikawa’s question, Mr. Fahner clarified that the Township does not restrict access provided that they have frontage on a year round maintained road.

Mr. Fahner stated that an Official Plan Amendment Application is required and staff would not support it.

Member Goltz agreed with the staff recommendation for one new lot only.

After a discussion, Committee agreed that only one new lot is created and that a 500 foot setback from Lake Muskoka be imposed.

Resolution Number: CA-03-07/04/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/19/20/04/ML , (Bhimji), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment –April 7, 2004, Page #4 Minutes – Committee of Adjustment – April 7, 2004 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That only one new lot be created and a by-law exemption be obtained requiring a 500 foot setback from Lake Muskoka.

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.

Carried.

6. Hearing of Consent Applications

a. Nil.

7. Hearing of Minor Variance Applications

a. A-10/04, Jeffries, Part of Lot 23, Concession B, (Watt), 2-13-054.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Fahner stated that the proposed second story will have no visual impact. Staff had no objection to the application.

Ms. Jo-Anne M. Jefferies, 2174 Highway 141, R.R. 1, Utterson, Ontario P0B 1M0 attended the meeting to answer any questions.

Committee had no questions.

Resolution Number CA-04-07/04/2004

Member Wallace – Member Nishikawa: Be it resolved that Application A-10/04, Jeffries, to allow for the construction of a second storey addition to the existing dwelling that is to be 51 feet from the front lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Minutes – Committee of Adjustment –April 7, 2004, Page #5 Minutes – Committee of Adjustment – April 7, 2004

Carried.

b. A-11/04, Penwell, Part of Lot 25, Concession 3, (Medora), 6-26-036.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that they had no objections to the application, however, the setback is closer than applied for and staff has to re-circulate the application.

Ms. Rebecca Penwell, RR # 3, Port Carling, Ontario P0B 1J0 attended the meeting. The proposed addition is being constructed farther back from the existing building.

In answer to Member Hare’s question, Mr. Fahner stated that the application could possibly return back to Committee on April 28, 2004. Ms. Penwell added that a revised application was submitted on Monday.

ADJOURNED

c. A-12/04, Morrice, Part of Lot 17, Concession 11, (Medora), 4-13-059.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff visited the subject property on April 6, 2004. There are steep slopes behind the existing dwelling, the pitch of the roof is low, and it will be very visible from the water. There is no vegetation in front of the dwelling. Staff notice that the proposed cottage does not go back to the rear of the existing cottage. Mr. Fahner suggested that the building be pushed farther back and additional trees be planted in front.

Ms. Christie Hamilton, Tamarack North Ltd., Box 486, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Ms. Hamilton stated that the existing dweling could be moved back, however, there is bedrock located in this location and they do not want to blast. The building would also have to be raised. They wish to keep the appearance of a storey and a half structure.

Minutes – Committee of Adjustment –April 7, 2004, Page #6 Minutes – Committee of Adjustment – April 7, 2004 In answer to Member Nishikawa’s question, Mr. Fahner stated that Committee could restrict the height of the proposed dwelling to 25 feet. Ms. Glazier stated that the proposed dwelling is 33 feet 10 inches.

Member Nishikawa questioned if the lands should be subject to site plan control. Mr. Fahner stated that the Township does not normally require site plan on existing redevelopment. In this case it would be helpful. Some way of softening by tree planting should be encouraged and also the re-naturalizing of the shoreline area would be beneficial.

In answer to Member Hare’s question, Mr. Fahner stated that the ground floor area is smaller than the existing, however, the gross floor area is more as they are constructed a second storey.

In answer to Chair Fairfield’s question, Ms. Hamilton stated that they are using refaced stoned that has no structural integrity.

Ms. Hamilton agreed with Committee’s request of additional tree planting and stated that no vegetation will be removed.

Resolution Number CA-05-07/04/2004

Member Nishikawa – Member Martin: Be it resolved that Application A-12/04, Morrice, to allow for the reconstruction of a dwelling that is to be 13’6” from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a site plan showing tree plantings.

Carried.

CONDITIONS: That a site plan showing tree plantings is submitted.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the new dwelling will be an improvement as to what is existing and is inkeeping with the development in the area. It was also noted that there are constraints on the property (slopes) that restricts the location of the new dwelling. The new dwelling is to be constructed in the same area as the existing and is slightly smaller in ground floor area.

d. A-13/04, Miller, Part of Lot 31 and 32, Concession 8, (Windermere), 3-2-072-01.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Minutes – Committee of Adjustment –April 7, 2004, Page #7 Minutes – Committee of Adjustment – April 7, 2004 Staff visited the property on April 2, 2004. Mr. Fahner confirmed the laundry building’s status and noted that staff had no objections to the application.

Mr. Bruce Suffern, RR # 1, Utterson, Ontario P0B 1M0 attended the meeting as agent for the applicant.

No one else attended in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-06-07/04/2004

Member Ellis - Member Grady: Be it resolved that Application A- 13/04, Miller, to allow for the reconstruction of a building that is used for laundry facilities, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

e. A-14/04, Bennett, Part of Lot 30, Concession B, (Watt), 2-21-001

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated.

A letter of support was received from the Dinsmores. Mr. Fahner read the letter aloud, a copy of which is attached.

Staff inspected the property on April 2, 2004. There are limited building sites and it will not be visible from the road.

Mr. Paul Bennett, RR #1, Utterson, Ontario P0B 1M0 attended the meeting to answer questions.

No one else attended the meeting in support or in opposition to the application.

In answer to Member Nishikawa’s question, Mr. Bennett stated that it would be a portrait studio.

Member Martin had no objection, but questioned the dimensions. Mr. Bennett stated that the proposed building is 24x24 (576 square feet) with trussed rafters. Mr. Bennett showed Committee a conceptual drawing.

Minutes – Committee of Adjustment –April 7, 2004, Page #8 Minutes – Committee of Adjustment – April 7, 2004 In answer to Chair Fairfield’s question, Mr. Bennett stated that there would be no dark room. He uses digital equipment.

Resolution Number CA-07-07/04/2004

Member Ellis – Member Grady: Be it resolved that Application A- 14/04, Bennett, to allow for the construction of a building that is to be used as a studio and is to be located 13 feet from the side lot line/exterior lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

f. A-15/04, Quinn and Childs, Part of Lot 26, Concession 7, (Bala), 7-5-068.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff visited the property on April 6, 2004. The property is heavily treed and the proposed garage will not be visible from the lake, and is a non-habitable structure. Staff had no objections to the application.

No one attended the meeting in support of or in opposition to the application.

Member Goltz questioned that state of Township Block B, beside the water. Mr. Fahner stated that staff does not know the history, and have not searched title, but noted that this was typical in old subdivisions. The Block is heavily treed like the subject lands.

In answer to Member Ellis’ question, Mr. Fahner stated that the sleeping cabin has been removed.

In answer to Member Martin’s question, Mr. Fahner stated that it is a fair distance from the lot line to the traveled road (approximately 15-20 feet).

Resolution Number CA-08-07/04/2004

Member Grady – Member Ellis: Be it resolved that Application A- 15/04, Quinn and Childs, to allow for the construction of a single storey non habitable garage on a lot that is undersized in lot frontage and lot area and is located 15 feet from the road, as shown on the plan attached to the Notice of Decision, is hereby granted. Minutes – Committee of Adjustment –April 7, 2004, Page #9 Minutes – Committee of Adjustment – April 7, 2004

Carried.

CONDITIONS: The garage must be one storey and non- habitable.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed garage is inkeeping with the development in the area, it is well set back from the lake and the travelled road, and is in the best location due to the location of the tile bed.

g. A-16/04, Turnbull and Barton, Part of Lot 31, Concession 3, (Port Carling), 5-8- 069

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on April 6, 2004. The lot is open in the middle, with tree cover along the side and front lot lines. It was noted that the store may require one or two trees to be removed. The neighbours dwelling is approximately 25 feet away. The proposed cabin will be located at the top of the slope in an open area. Staff had no objections to the application. Mr. Fahner referenced a letter submitted from a neighbouring property owner that noted concerns regarding fencing along the lot line and snow runoff onto his property.

Ms. Andrea Turnbull, Box 273, Port Carling, Ontario P0B 1J0 attended the meeting to answer any questions. Ms. Turnbull stated that it is a seasonal rental facility. She had spoken with her neighbours who had no objection to the proposal. They intend to maintain a modest commercial use.

No one attended the meeting in support of the application.

Mr. Don Mills, Mills and Mill, 2 St. Clair Avenue West, Toronto, Ontario L4V 1V5 attended the meeting in opposition to the application as the solicitor of Indian River Estates. Mr. Mills stated that they had concerns with the store and the “legitimate” resort use. He felt that the application was not minor in nature and noted his concern with a commercial use that is not clearly defined.

Mr. Niblett, principle owner of Indian River Estate attended the meeting.

In answer to Member Nishikawa’s question, Mr. Fahner listed all of the permitted uses in a Community Commercial (C1A) zone.

In answer to Member Martin’s question, Mr. Fahner stated that the maximum lot coverage permitted is 35% in the C1A zone.

Minutes – Committee of Adjustment –April 7, 2004, Page #10 Minutes – Committee of Adjustment – April 7, 2004 In answer to Member Hare’s question, Mr. Mills stated that Indian River Estates owns the vacant lot across the road from the subject lands.

It was confirmed for Member Ellis that additional parking could be could be established close to the garage area. It was also noted that a privacy fence (chain link) is an added expense that would not be necessary.

In answer to Member Wallace’s question, Ms. Turnbull stated that the existing cabins are on full municipal services.

Member Thompson questioned if it was a resort or residential use. Mr. Fahner stated that the applicant indicated that the cabins were used as rental units. Ms. Turnbull added that they have returning customers each year.

Member Hare noted his concerns with a commercial property in a narrow water body. Mr. Fahner stated that the Township generally does not down zone any commercial property, it is pre-existing and it is important to recognize it.

Ms. Turnbull stated that they propose to construct a retail store with 620 square feet. The intent is to display and sell woodcarvings and not to disrupt the neighbours.

Mr. Mills wishes to see a limit of the use of the property to a single family residential use, remove the use of restaurant and confirm that the store is truly the use.

In answer to Member Ellis’ question, Ms. Turnbull stated that if Committee wishes to add a condition that the kitchen be removed, they would comply with this request.

Resolution Number CA-09-07/04/2004

Member Ellis – Member Grady: Be it resolved that Application A- 16/04, Turnbull and Barton, to allow:

i) the construction of a new dwelling on an undersized lot, ii) relocation and conversion of the existing dwelling to be 10 feet from the side lot line for retail purposes, iii) reconstruction of a housekeeping unit to be 23 feet from the exterior lot line,

on a lot that has insufficient frontage as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the use of the property is existing and the zoning reflects this use. The property has existing rights to develop and this should be supported and encouraged.

Minutes – Committee of Adjustment –April 7, 2004, Page #11 Minutes – Committee of Adjustment – April 7, 2004 h. A-17/04, Gardiner, Part of Lot 25, Concession 8, (Monck), 9-9-028.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Submissions were received from the following people. Mr. Fahner read the letters, copies of which are attached.

- Anne Lindsay - Daurelle and Trevor Buffet - Brad and Karen Jackson

Photographs were circulated.

Staff inspected the property on April 6, 2004. The property is open with mature trees along the lot lines. He noted that there are a number of two storey boathouses in this area. The actual frontage is 280 feet. The docks are existing and it is in close proximity to the Community of Milford Bay.

Mr. Jim Gardiner, Box 93, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Gardiner circulated and reviewed his presentation to Committee, a copy of which is attached.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting. Ms. Walton stated that she had inspected the property. The effective frontage is considerable and the proposed boathouse is consistent with the area. She noted that in her opinion the Community boundaries should go out that far.

No one attended in opposition to the application.

Member Goltz is familiar with this property and noted that it would be a shame to remove the roof of the porch. Ms. Walton agreed, she noted that maximum lot coverage in the Community Residential (R3) zone is 20%. Mr. Fahner stated that if the roof of the porch was kept, the total lot coverage would be 11.8%. Mr. Fahner indicated that it was the applicant’s choice to remove the roof in order to get approval for the boathouse.

Resolution Number CA-10-07/04/2004

Member Goltz – Member Grady: Be it resolved that Application A- 17/04, Gardiner, to allow for the construction of a two storey boathouse on a lot that has 197 feet and which will result in a lot coverage of 10.97% on the area within 200 feet from the shore, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment –April 7, 2004, Page #12 Minutes – Committee of Adjustment – April 7, 2004 the intent of the Official Plan. The Committee noted that the actual shoreline frontage is larger than 200 feet, this property is located close to the community and is inkeeping with the development in the area.

8. Correspondence

a. Letter from E.A. DuVernet re: Cash-in-Lieu of Parkland, Part of Lot 33, Concession 2, (Watt), 2-8-029. A verbal report was presented.

Mr. Fahner stated that the application for severance is not going to be finalized and Mr. DuVernet has requested that cash-in-lieu be refunded.

Mr. Paul Donaldson attended the meeting. He noted that he has purchased these lands and would be paying for cash-in-lieu of parkland for the previous severance application.

9. Unfinished Business

a. B/111/03/ML, Amended Lot Lines, Snelgrove, Part of Lot 6 and 7, Concession 8, (Medora), 4-5-082. A verbal report was presented.

Mr. Fahner stated that the amended lot line is to facilitate additional area for the septic system. He noted that Mr. Bos is fine with this amendment.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting. Ms. Walton noted that both of the lots would be remaining as residential lots.

Member Wallace noted his concerns regarding public docking for the golf course. Ms. Walton stated that it is for residential only or it would be considered an illegal use.

Member Martin commented that the drawing that was submitted was poor and questioned the setbacks. Ms. Walton indicated that she did not submit the original drawing and the setback meets the requirement of the by-law.

Resolution Number: CA-11-07/04/2004

Member Grady – Member Goltz: Be it resolved that Consent be granted for Application B/111/03/ML, (Snelgrove), provided the following condition is fulfilled:

The severed lot is to be added to the abutting lot currently in the ownership of Robert Douglas Snelgrove.

Minutes – Committee of Adjustment –April 7, 2004, Page #13 Minutes – Committee of Adjustment – April 7, 2004

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.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried.

b. B/09/10/03/ML, Decision from the Ontario Municipal Board re: a Request for Costs, Kilty, Tripp, Bruns, Part of Lot 1 and 2, Concession 4, (Medora), 6-13-028- 01, 6-13-029. A verbal report was presented.

Mr. Fahner stated that the appeal was dismissed, as the application was incomplete. Mr. Fitton felt that costs should not be requested.

It was the consensus of Committee to pursue the requests for costs.

10. New Business

11. Statistics

12. Adjournment

Resolution Number: CA-12-07/04/2004

Member Goltz – Member Grady: Be it resolved that the meeting adjourn at 12:18 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment –April 7, 2004, Page #14 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, April 28, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Ian Wallace C. Minty - Planning Administrative Assistant Stewart Martin Nancy Thompson Ruth Nishikawa Susan Pryke

Regrets: Don Goltz

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Wallace declared a conflict of interest re: Penwell.

3. Adoption of Minutes

a. A copy of the Minutes dated April 7, 2004, was attached to the agenda.

Resolution Number: CA-01-28/04/2004

Member Ellis - Member Grady: Be it resolved that the minutes dated April 7, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. N.B. Roche, Agent, attended re: Item 9.a., Unfinished Business, Robinson.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

b. B/22/23/24/04/ML, Gillies et al, Part of Lot 11 and 12, Concession 9, (Watt), 2- 15-079. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – April 28, 2004, Page #1 Minutes – Committee of Adjustment – April 28, 2004 Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached. iii) Letter from Hydro One. Ms. Ghikadis read the letter, a copy of which is attached. iv) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Margaret and Murray Davies • Alan Kennedy • George and Natalie Grunenko • Earl Lambert • Mark Hammell • Chris Ireland • Shane and Tracey Hammell

Staff recommended that Committee adjourn the application due to an existing legal right-of-way to a number of property owners who could be affected by establishing a new right-of-way.

Ms. Barb Gillies, 1345 Russ Hammell Road, Utterson, Ontario P0B 1M0 attended the meeting to answer any questions.

Mr. Wayne Simpson, 9 Main Street West, Ste. 201 Huntsville, Ontario P1P 2C5 attended the meeting in opposition to the application as agent for Shane and Tracey Hammell. He noted his concerns regarding the right-of-way namely privacy issues, nature of the soils, steep slopes, winter maintenance, an impassable road allowance, and requested that Committee deny the proposal and any additional information submitted be forwarded to him.

Mr. Donald Meeker, 1357 Russ Hamell Road, Lot 5 attended the meeting. He noted his concerns with safety and liability issues with regards to the right-of- way. He did not have any objection with the creation of one new lot.

Mr. George Grunenko, 4 Humber Trail, Toronto, Ontario M6S 4B9 attended the meeting in opposition to the application.

Mr. Earl Lambert, 65 Ester Ann Drive, Orillia, Ontario L3V 3G8 attended the meeting. He noted his concern of property values decreasing.

Ms. Barb Thompson, RR #2, Tottenham, Ontario L0G 1W0 attended the meeting. She concurred with the above comments and noted that there is not enough detail regarding the future plans for the proposed severed lands.

Minutes – Committee of Adjustment –April 28, 2004, Page #2 Minutes – Committee of Adjustment – April 28, 2004 Ms. Karla Smith, 30908 Nantucket Row, Bay Village, Ohio 44140 attended the meeting. She noted her concerns with the proposed right-of-way and stated that she will not be relinquishing her right-of-way.

Mr. Carl Sander, Gravenhurst, Ontario attended the meeting and noted a concern with the proposed right-of-way.

Ms. John Wadel, 15800 Yonge Street, Aurora, Ontario L4G 3H7 attended the meeting. Mr. Wadel noted that he concurred with the above noted concerns that were raised.

Member Hare requested that Mr. Troup, Public Works Superintendent, comment on the status of the road.

In answer to Member Pryke’s question, Ms. Gillies reviewed the reference plan that showed the existing 12 foot right-of-way. She noted the 12 foot right-of-way is not used.

Member Nishikawa commented that there was not a great opposition for the severance, but for the access issues. Mr. Simpson stated that the correspondence had indicated concerns with the lot and noted that the right-of- way is greater issue.

Ms. Gillies stated that the reason for the application is for privacy and safety. She noted that the road is 15 feet from her deck. She had met with the Lamberts and Grunenkos last weekend and has some further issues to deal with.

Member Pryke commented that the proposed and existing right-of-way surround the Hammell property and suggested the existing road be extinguished.

Resolution Number: CA-02-28/04/2004

Member Ellis – Member Grady: Be it resolved that Application B/22/23/24/04/ML, (Gillies) be adjourned pending additional information about the status of the right-of-way.

Carried.

6. Hearing of Consent Applications

a. B/21/04/ML, Roche, Part of Lot 13, Concession 7 and 8, (Monck), 9-1-032. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment –April 28, 2004, Page #3 Minutes – Committee of Adjustment – April 28, 2004 ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Ms. Ghikadis stated that there were previous approvals given for the applicant and the application had lapsed.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that the applicant had inadvertently let the severance lapse.

Mr. Steven Roche, RR #1, Bracebridge, Ontario P1L 1W8 attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-03-28/04/2004

Member Ellis – Member Hare: Be it resolved that Consent be granted for Application B/21/04/ML , (Roche), provided the following conditions are fulfilled:

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.

Carried.

b. B/25/26/27/28/29/04/ML, Estate of Hermant, Part of Lot 20 and 21, Concession E, (Medora), 6-19-031. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment –April 28, 2004, Page #4 Minutes – Committee of Adjustment – April 28, 2004 Notice of the Hearing was circulated 14 days prior.

Staff inspected the property on April 27, 2004. There is a mix of deciduous and coniferous trees. There are good building sites. On the proposed Lot 3 there are areas of poor drainage. The zoning maps do not identify any constraints. The proposed lots exceed the requirements of the by-law and are subject to site plan control. This will address the District of Muskoka and Mr. Bos’ concerns.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that Pinestone Engineering has confirmed septic locations on each of the proposed lots.

No one else attended the meeting in support of or in opposition to the application.

Member Nishikawa noted her concerns with the narrow width of Fenns Narrows and also with the location of boathouses that could be constructed. Ms. Ghikadis indicated that the zoning maps do not identify this as a Narrow Waterbody.

Resolution Number: CA-04-28/04/2004

Member Ellis – Member Hare: Be it resolved that Consent be granted for Application B/25/26/27/28/29/04/ML, (Hermant), provided the following conditions are fulfilled:

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 –April 28, 2004, Page #5 Minutes – Committee of Adjustment – April 28, 2004 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).

Carried. c. B/30/04/ML, MacLennan, Part of Lot 29 and 30, Concession 3 and 4, (Port Carling), 5-2-032/033/034. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1T6 attended the meeting as agent for the applicant. Mr. Roche stated that there is access from the north of the property. There will be no impact, no rezoning is being sought and the existing use will continue.

Mr. Brian Slocum, Solicitor, 63 Quebec Street, Bracebridge, Ontario attended the meeting in support of the application.

Mr. Fahner informed Committee that there is a District of Muskoka easement down to the water. Mr. Roche confirmed that this easement was transferred years ago. Member Martin stated that the easement is for the lines that connect the water tower to the rest of the water system.

In answer to Member Martin and Chair Fairfield’s question, Mr. Roche stated that the right-of-way is off of Highway 118 and is owned by the MacLennans. The width of the road is approximately 20 feet wide.

In answer to Chair Fairfield’s question, Mr. Fahner stated that cash-in-lieu is not required as this is a division of existing uses.

Resolution Number: CA-05-28/04/2004

Member Ellis – Member Hare: Be it resolved that Consent be granted for Application B/30/04/ML, (MacLennan), provided the following conditions are fulfilled:

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.

Carried.

d. B/31/32/04/ML, Thompson and Rostrevor (Muskoka) Holdings Inc., Part of Lot 31 and 32, Concession 11, (Watt), 2-25-066, 2-25-067. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Letter from Mr. Nick Roche on behalf of Mr. Leavenworth. Ms. Ghikadis read the letter aloud, a copy of which is attached.

iii) Letter from Mr. Stanley Stein. Ms. Ghikadis read the letter aloud, a copy of which is attached.

iv) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff inspected the property on April 26, 2004. The walking trail has been confirmed as the only access and staff had no objection to the application. However, due to the timing of the closure of shore road allowance, staff recommended that the application be adjourned.

Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1T6 attended the meeting as agent for the applicant to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment –April 28, 2004, Page #7 Minutes – Committee of Adjustment – April 28, 2004 Mr. Fahner stated that Committee might wish to consider including the Leavenworth property in the application. Staff recommended that another application and fees be taken. Member Pryke concurred with staff.

ADJOURED

e. B/33/04/ML, Holley, Pat of Lot 14, Concession 9, (Watt), 2-23-039. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected the property. The existing cottage encroaches on the proposed severed lot. The application will correct the encroachment situation and would be an improvement to what exists. Staff noted that the lot addition will not give the resultant lot the status of a building lot and had no objection to the application.

Mr. Doug Colbourne, 1402-39 Old Mill Road, Toronto, Ontario M8X 1G6 attended the meeting as agent for the applicant.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-06-28/04/2004

Member Pryke – Member Thompson: Be it resolved that Consent be granted for Application B/33/04/ML, (Holley), 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 Lot 17, 17A, 18, 20 on Plan 9 and Plan M-127 be deemed not to be lots on a plan of subdivision. An application to deem the lots must be applied for and completed. The severed lot is to be added to the abutting property currently owned by Dianne Johnson. The retained lot is to be added to the abutting property currently owned by the Holleys.

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.

Subsection 4 of Section 50 of the Planning Act applies to any subsequent conveyance.

Minutes – Committee of Adjustment –April 28, 2004, Page #8 Minutes – Committee of Adjustment – April 28, 2004

Carried.

7. Hearing of Minor Variance Applications

a. A-11/04 - Amended, Penwell, Part of Lot 25, Concession 3, (Medora), 6-26-036.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Member Wallace declared a conflict of interest.

Photographs were circulated to Committee.

No submissions were received.

Staff noted that the proposed addition would be located further back than existing setback. The enclosure of the porch would also be no closer and it is more than 18 feet from the traveled road.

Ms. Rebecca Penwell, 1018 White’s Road, Port Carling, Ontario P0B 1J0 attended the meeting.

Resolution Number CA-07-28/04/2004

Member Thompson – Member Pryke: Be it resolved that Application A-11/04, Penwell, to allow for the construction of an addition to the existing restaurant to be 26 feet from the front lot line, an enclosed verandah 19 feet from the front lot line and 10 feet from the side lot line and to allow an addition that was constructed in 1996 to be 16 feet from the front lot line as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment –April 28, 2004, Page #9 Minutes – Committee of Adjustment – April 28, 2004 REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed addition is further back that the existing, the enclosed verandah is not any closer and the building is further set back from the travelled portion of the road.

b. A-18/04, Barber, Part of Lot 12, Concession 7, (Medora), 4-2-025.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Ghikadis stated that the appropriate zoning in this area should be Waterfront Residential (WR5). The amount of frontage the applicant has would permit an additional lot. The proposed structures are not visible from each other due to the curvature of the shoreline.

Mr. Bill Barber, Box 234, Port Carling, Ontario P0B 1J0 attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-08-28/04/2004

Member Pryke – Member Martin: Be it resolved that Application A- 18/04, Barber, to allow for a total cumulative width of docks and boathouses to be 82.5 feet, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

c. A-19/04, Greenfield, Part of Lot 26, Concession 7, (Bala), 7-5-066.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Minutes – Committee of Adjustment –April 28, 2004, Page #10 Minutes – Committee of Adjustment – April 28, 2004

Staff inspected the property on April 27, 2004. The 100 foot setback cannot be complied with due to the septic system. There is also a watercourse that runs through the south of the property. The property is relatively flat and three deciduous trees would be removed. Staff noted that if approval is given, additional trees should be planted.

Mr. Jack Gaines, Box 287, Bala, Ontario P0B 1C0 attended the meeting as agent for the applicant.

In answer to Member Nishikawa’s question, Ms. Ghikadis confirmed that the side yard setback would be maintained.

In answer to Member Ellis’ question, Mr. Gaines stated that he did not see a problem if Committee requested that a few trees be planted.

Resolution Number CA-09-28/04/2004

Member Pryke – Member Martin: Be it resolved that Application A-19/04, Greenfield, to allow for the construction of an addition to the existing dwelling to be 59 feet from the high water mark and to allow for the construction of a new foundation to be 61 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that there were physical constraints being the location of the septic system and a water course which limits the location of an addition. Also, the existing building line is being maintained.

d. A-20/04, 1108827 Ontario Limited, Part of Lot 24 and 25, Concession 11, (Medora), 4-14-070.

Mr. Fahner explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letter of opposition was submitted from Hugh and Kay McVittie. Mr. Fahner read the letter aloud, a copy of which is attached.

Mr. Fahner stated that only a portion of the building is over the height requirement due to the way height is measured in the by-law. The proposed building is to be located on a high point of land.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, P1L 1Z8 attended the meeting as agent for the applicant.

No one else attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment –April 28, 2004, Page #11 Minutes – Committee of Adjustment – April 28, 2004

In answer to Member Grady’s question, Mr. Fahner stated that the McVittie’s own property on Bruce Lake.

Chair Fairfield questioned what would happen if Committee did not consider it as two separate structures. Mr. Fahner stated that the total height then would be 85 feet.

Resolution Number CA-10-28/04/2004

Member Ellis – Member Hare: Be it resolved that Application A- 20/04, 1108827 Ontario Limited, to allow for the construction of a building (spa). The proposed height of the building is to be measured separately from the main lodge. The height of the proposed building, when measured separately is 24 feet, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that if the buildings were separate by one foot the proposed spa building would comply and the visual impact would be the same. The proposed structure is also well set back from the lake.

e. A-21/04, Schnurr, Part of Lot 18 and 19, Concession C, (Medora), 6-20-064.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on April 16, 2004. The existing dwellings are in need of repair. They are removing one dwelling, increasing the privacy, and improving setbacks, however, staff does not support anything over lot coverage.

Mr. Raymond Albert Schnurr, 277 Lourdes Street, Waterloo, Ontario N2L 1P4 attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

In answer to Chair Fairfield’s question, Mr. Schnurr stated that the proposed is an improvement of the current situation.

In answer to Member Martin’s question, Mr. Fahner stated that there are three framed cottages and they intend to demolish one. Mr. Schnurr stated that one of the dwellings is a workshop, they intend to demolish the three buildings and construct one dwelling and one boathouse.

Minutes – Committee of Adjustment –April 28, 2004, Page #12 Minutes – Committee of Adjustment – April 28, 2004 In answer to Member Hare’s question, Mr. Schnurr stated that the size of the workshop is 16 feet x 12 feet.

Mr. Schnurr stated that they are not increasing the width of the docks just extending it out to facilitate the boathouse.

Resolution Number CA-11-28/04/2004

Member Pryke – Member Martin: Be it resolved that Application A-21/04, Schnurr, to allow for the reconstruction of a dwelling to be 13 feet from each side lot line and a lot coverage of 10.95%, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

a. Letter from Mr. N.B. Roche, re: Robinson, B/29/03/ML, Part of Lot 1, Concession A, Tobin’s Island, Lake Rosseau, (Medora), 4-28-093. A verbal report was presented.

Ms. Ghikadis explained the history and background of the application. She noted that Mr. Roche, agent, had submitted a letter that indicating that application B/30/03/ML is being abandoned.

Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1T6 attended the meeting as agent.

Staff did not feel it necessary to re-circulate this application. Committee concurred with staff’s recommendation.

b. B/89/90/92/02/ML, Grand, Part of Lot 14 and 15, Concession 3 and 4, (Wood), 8- 5-059, 8-5-061, 8-7-069, 8-7-070. A verbal report was presented.

Mr. Fahner explained the history of the application. The applicant wishes to add a large area to the rear of the retained lot.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, P1L 1Z8 attended the meeting as agent for the applicant.

Staff did not feel it necessary to re-circulate this application. Committee concurred with staff.

9. Unfinished Business

Minutes – Committee of Adjustment –April 28, 2004, Page #13 Minutes – Committee of Adjustment – April 28, 2004 10. New Business

11. Statistics

12. Adjournment

Resolution Number: CA-12-28/04/2004

Member Martin – Member Pryke: Be it resolved that the meeting adjourn at 12:01 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment –April 28, 2004, Page #14

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, May 19, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

PRESENT:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated April 28, 2004, is attached.

Resolution Number: CA-01-19/05/2004

Member Ellis - Member Grady: Be it resolved that the minutes dated April 28, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. John Walker, Agent, attended the meeting re: Item 9.a., Unfinished Business, Walker/Martonfi.

b. Mr. Don Evans, Agent, attended the meeting re: Item 9.b., Unfinished Business, Nesdoly.

Minutes – Committee of Adjustment – May 19, 2004, Page #1 Minutes – Committee of Adjustment – May 19, 2004

5. Hearing of Consent Applications

a. B/34/35/36/37/38/04/ML, Morris, P.A. Duff Limited, C.J. Heard Forest Products Ltd., Lot 3, Concession 11, Lot 4 and 5, Concession 11, Lot 5, Concession 9, Lot 4 and 5, Concession 12, (Cardwell). A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating that District staff had no objection to the application as currently proposed. A copy of the letter is attached.

ii) Letter was received from Mr. John Ware requesting notification. A copy of the letter is attached.

Staff did not inspect the property due to the size of the lands and had no objection to the application.

Mr. David Currie, 6 Main Street West, Hunstville, Ontario P1H 2E1 attended the meeting as solicitor for the applicant to answer any questions.

Committee had no questions.

Resolution Number: CA-02-19/05/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Applications B/34/35/36/37/38/04/ML , (Morris, P.A. Duff Limited, C.J. Heard Forest Products Ltd., provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Minutes – Committee of Adjustment – May 19, 2004, Page #2 Minutes – Committee of Adjustment – May 19, 2004

6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/39/04/ML, Cullingham, Part of Lot 15, Concession 11, Part 1, Plan 35R-15586, (Medora), 4-12-044-06. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff inspected the property on May 17, 2004. The severed lot is level and heavily treed. Staff noted that the application will facilitate a side yard setback for a dock and staff had no objection to the application.

Mr. Paul Donaldson, RR #3, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.

No one attended the meeting in support or in opposition to the application.

Ms. Ghikadis cautioned the applicant that this application would break a previous severance. The ownership will have to be changed so it will not merge together as one lot.

Committee had no questions.

Resolution Number: CA-03-19/05/2004

Member Ellis – Member Martin: Be it resolved that Consent be granted for Application B/39/04/ML, (Cullingham), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Minutes – Committee of Adjustment – May 19, 2004, Page #3 Minutes – Committee of Adjustment – May 19, 2004

Carried.

b. B/40/04/ML, Ruff, Part of Lot 7 and 8, Concession 8, Part 1 and 2, Plan BR-2021, Part 3 and 4, Plan RD-1935, (Medora), 4-5-061. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff inspected the subject property on May 18, 2004. The retained lot contains one dwelling, a two storey boathouse, garage and a number of accessory structures. The abutting lot contains a dwelling, garage and a single storey boathouse that is in need of repair. Both properties are well vegetated and only a small triangle of land is to be added to result in the abutting lot having 200 feet of frontage.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-04-19/05/2004

Member Ellis – Member Pryke: Be it resolved that Consent be granted for Application B/40/04/ML, (Ruff), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Minutes – Committee of Adjustment – May 19, 2004, Page #4 Minutes – Committee of Adjustment – May 19, 2004 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.

Carried.

7. Hearing of Minor Variance Applications

a. A-22/04, Keen, Part of Lot 19, Concession B, Part 1, Plan 35R-7760 (Medora), 6- 21-028.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Steve Racey, Janet Shaver and Alan Racey • Marni and Gary Ferguson

Staff inspected the property on May 17, 2004. The property is well vegetated. The assessed frontage is 195 feet due to the depiction of the shoreline, however, the applicant indicated that the actual frontage is 227 feet. Staff does use by-law straightline frontage because it is an easy measurement and generally the appearance from the water is flat and not show the indentations. The plot plan submitted with the applications does indicate 187 feet of straightline frontage. Staff noted other shoreline structures in the area being: eight single storey boathouses (six flat roof and two peaked roof). Across the channel there is a single storey boathouse and several docks. Based on the straightline frontage calculation, staff could not support the proposal.

Mr. Bruce Keen, 53 Smithy Street, Markham, Ontario M3P 6M7 attended the meeting. Mr. Keen circulated photographs and conceptual drawings, a copy of which is attached. Mr. Keen stated that he had measured the frontage at 227 feet. It will be oriented to the south and will not affect anyone’s view and will not be visible from the neighbouring lots. There would be no tree removal and they intend to use the existing docks and cribs. It would be constructed of natural cedar siding and will not be obtrusive.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated there is an existing single storey boathouse 20 feet from the side lot line and no part of any second storey of the boathouse is to be permitted within 30 feet from the side lot line. The deck area would be orientated to the south.

Minutes – Committee of Adjustment – May 19, 2004, Page #5 Minutes – Committee of Adjustment – May 19, 2004

Member Ellis could not support the proposal due to the 180 feet of by-law frontage and felt that it would be precedent setting.

Member Pryke commented that the applicant had given a comprehensive presentation but could not offer her support.

Member Nishikawa was concerned with the wall of development and could not support the proposal.

Member Martin stated that the perception from the water is a lot with 187 feet frontage and could not support it.

Resolution Number CA-05-19/05/2004

Member Ellis – Member Grady: Be it resolved that Application A- 22/04, Keen, to allow for the construction of a two storey boathouse on a lot that has 180 feet of straightline (by-law) frontage as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan. The Committee noted that although the actual shoreline frontage is larger, the perception from the water is the straightline frontage. The required frontage is 200 feet and 180 feet is not minor.

b. A-23/04, The Daul Investment Group Inc., Part of Lot 30 and 31, Concession 4, Lots 28, 29, Part Lot 24 and 30, Plan 1, (Port Carling), 5-3-038.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that there is an existing cement pad and the applicant will utilize this for the foundation. The Official Plan indicates that a shoreline walkway be constructed for pedestrian use in the Urban Centres.

Mr. Ken Trevelyan, Suite 201, 379 George Street, Peterborough, Ontario K9J 3R2 attended the meeting as agent for the applicant. Mr. Trevelyan stated that the existing concrete pad was used for a former two storey marina building that had a residence on the second storey. It would be too costly for piles in this location. It will be located approximately three feet from the edge of the water and the proposed building will provide screening from water to the parking lot behind.

No one attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment – May 19, 2004, Page #6 Minutes – Committee of Adjustment – May 19, 2004

Member Pryke requested that the ownership be verified. Mr. Fahner noted that a copy of the transfer of lands on file indicate that the lands are in the ownership of the Daul Investment Group Inc.

In answer to Member Hare’s question, Mr. Fahner stated that staff was unsure as to where the sewer easement is located and that comments from the District have not been received. Mr. Trevelyan stated that the sewers went in after the previous building was constructed. He noted that the proposed building is smaller than the previous marina building.

In answer to Member Nishikawa’s questions, Mr. Fahner stated that the old building did house staff. According to the Official Plan policies, the walkway could potentially be located around the building.

Committee agreed to adjourn until further information is obtained regarding the sewer easement and ownership of the property.

ADJOURNED

c. A-24/04, Heuchling, Part of Lot 8, Concession B, Units 2 and 3, Plan D-125, (Medora), 4-27-061.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Staff did not inspect the property due to the location. It was noted that there was a land exchange between the subject property and the Township of Muskoka Lakes in the 1960’s that took frontage away and gave additional lands to the rear of the property.

Mr. Jeffery Craig, 369 Swallowdale Road, RR #4, Huntsville, Ontario P1H 2J6 attended the meeting as agent for the applicant. Mr. Craig noted that the boathouse was constructed in 1940’s and is in need of repair.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Grady’s question, Mr. Craig stated that the applicant wishes to keep the boathouse in the same location. If it were moved over then it would affect their line of site.

In answer to Member Ellis’ questions, Ms. Ghikadis stated that there is 160 feet of straightline frontage. Mr. Craig stated that there would not be a floor in the boathouse. Resolution Number CA-06-19/05/2004

Member Thompson – Member Martin: Be it resolved that Application A-24/04, Heuchling, to allow for the alteration of an existing boathouse with a redefined projected side lot line and to be zero feet from the side lot line and the projected side lot line, as

Minutes – Committee of Adjustment – May 19, 2004, Page #7 Minutes – Committee of Adjustment – May 19, 2004 shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

d. A-25/04, Fowler, Part of Lot 11, Concession 8, Part 10-12, Plan 35R-16762, (Medora), 4-2-038-05.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on May 18, 2004. It is classified as a through lot. The existing structures physically and functionally act as separate structures. There is excellent vegetation cover, primarily coniferous. The cabin was constructed in 1926 and is in need of repair. Staff stated that the maximum height for accessory structures is 20 feet and the cabin may be over the height requirement.

Mr. David Fowler, 110 Hanover Drive, St. Catherines, Ontario L2R 7P7 attended the meeting. Mr. Fowler stated that when previous approval was given, the porch was not included in the calculations and should have been. They wish to take the porch off of the front of the cabin and tuck it around the corner. There will be no impact. Mr. Fowler noted that the existing cabin is 26 feet in height due to the lay of the lands.

Photographs were circulated to Committee.

No one else attended the meeting in support of or in opposition to the application.

The majority of the Committee supported the proposal. Member Thompson felt that the application could comply.

Resolution Number CA-07-19/05/2004

Member Thompson - Member Martin: Be it resolved that Application A-25/04, Fowler, to allow for the replacement of an existing sleeping cabin which will have a floor area of 830 square feet as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment – May 19, 2004, Page #8 Minutes – Committee of Adjustment – May 19, 2004 REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed cabin is replacing an existing cabin, there is good vegetation on the property and will have a minimal impact.

Mr. Fahner stated that height was not part of the application and needs to be addressed. In dealing with any variance a specific section of the by-law needs to be applied for. The applicant could submit another application for the height and in the mean time apply for a building permit that complies with height.

e. A-26/04, Schofield, Part of Lot 4, Concession 14, Part 1, Plan BR-107, Lot 5, Plan M-259, (Medora), 4-8-029.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that the existing deck is 23.6 feet from the high water mark (according to a survey) at the closest point. The proposed deck is to be 16 feet (at the closest point). The by-law requires new construction to be 35 feet back from the high water mark. However, the by-law currently permits decks less than 6 feet in height to project out into the front yard. Staff noted that they do not support any application for lot coverage. In terms of the frontage coverage, the existing exceeds what is currently permitted today but noted that is not changing. Staff was also concerned with the reduction in the shoreline vegetative buffer.

Mr. Gordon Schofield, 311 Burns Blvd., King City, Ontario L7B 1E1 attended the meeting. Mr. Schofield stated that there would be no tree removal. They intend to replant additional trees in the front of the dwelling. Mr. Schofield stated that the boathouse is a single storey not a two storey as indicated in the Notice of the hearing.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Pryke’s question, Mr. Schofield stated that they intend to rebuild and add another slip to the boathouse and are not increasing the width of the dock area.

In answer to Member Ellis’ question, Mr. Schofield stated that the proposed deck is seven feet in height and would be no closer than the existing decks.

In answer to Member Hare’s question, Ms. Ghikadis stated that the proposed deck is closer than what exists. Mr. Fahner stated that the deck goes across the dwelling 68 feet. Ms. Ghikadis stated that the stairs do not require an exemption.

Mr. Schofield stated that the deck would not be visible from the water.

Minutes – Committee of Adjustment – May 19, 2004, Page #9 Minutes – Committee of Adjustment – May 19, 2004 In answer to Member Nishikawa’s question, Mr. Fahner stated that Committee has dealt with items individually and have given partial approvals.

Some of Committee could only support the deck and the others gave support only for the boathouse.

Resolution Number CA-08-19/05/2004

Member Wallace – Member Thompson: Be it resolved that Application A-26/04, Schofield, to allow for the construction of a deck that is to be 16 feet from the high water mark, to allow for the construction of a one storey boathouse which will result in a lot coverage of 10.38% on the entire lot and 10.9% on the area within 200 feet from the shore and to allow for the total cumulative width of docks and boathouse to be 28.3% of 47 feet is hereby approved, as shown on the plan attached to the Notice of Decision, is hereby granted.

MOTION DEFEATED.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan. The Committee noted that the deck is too close to the water and will have a visual impact due to the size. The proposed boathouse can comply with the requirements of the by-law, specifically in relation to the lot coverage and frontage coverage.

f. A-27/04, Kasierski, Part of Lot 33, Concession 14, Parts 3 and 4, Plan 35R- 11828, (Watt), 2-27-069.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Staff inspected the property on May 18, 2004. The existing dwelling is closer to the lot line. The photographs attempted to show the steep rock (bluff). The proposed garage is to be located next to a low-lying area. She noted that the rock bluff limits the location of structures on the property

Submission was received from Linda Rehak. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Mr. Larry Speers, c/o Linwood Homes, Box 177, Coboconk, Ontario K0M 1K0 attended the meeting as agent for the applicant. Mr. Spears stated that they intend to construct a swale to address any drainage concerns.

No one else attended the meeting.

In answer to Member Hare’s question, Ms. Ghikadis stated that boathouse is a single storey.

Minutes – Committee of Adjustment – May 19, 2004, Page #10 Minutes – Committee of Adjustment – May 19, 2004

In answer to Member Grady’s question, Mr. Speers stated that the septic is located between the house and the proposed garage.

In answer to Member Martin’s question, Ms. Ghikadis stated that the staightline frontage is 115 feet. The width of the proposed boathouse is may not meet the by-law requirements. More detailed measurements may be needed.

Member Nishikawa noted her concerns with the drainage and questioned whether site plan control could be imposed to address this issue. Ms. Ghikadis stated that the property is zoned WR1 and is not subject to site plan control but if Committee wishes this could be imposed. She noted that the setbacks from neighbours are improving.

Resolution Number CA-09-19/05/2004

Member – Member Be it resolved that Application A-27/04, Kasierski, to allow for the construction of a dwelling and a garage that is to be 6 feet from the side lot lines (at the closest point), as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the redevelopment of this property is an improvement and due to terrain constraints (rock bluff) the location of the structures is most suitable. It was also noted that the outhouse and bunkie are being removed.

g. A-28/04, Devens, Sunbeam Island, Lake Joseph, (Medora), 4-24-015.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Ms. Ghikadis stated that the current use of the second storey of the boathouse is considered illegal. Building permits were never issued for the conversion of storage space to a sleeping cabin. The Ministry of Environment gave approval for three bedrooms. According to today’s standards, with the Ontario Building Code requirements, only two bedrooms would be permitted. She noted that the septic bed is 20 feet from the water.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the application. Ms. Walton stated that the Deven’s had purchased the property in 1997. It was sold as having two bedrooms on the second floor of the boathouse. She noted that the boathouse is

Minutes – Committee of Adjustment – May 19, 2004, Page #11 Minutes – Committee of Adjustment – May 19, 2004 in need of repair. They intend to extend the roof-covered area and have a greater roof overhang. They have retained Pinestone Engineering who indicated the septic system is adequate for three bedrooms.

No one else attended the meeting in support of or in opposition to the application.

After a lengthy discussion regarding the use of the second floor of the boathouse, Committee agreed they could not support the alteration of an illegal non- conforming use.

Resolution Number CA-10-19/05/2004

Member Wallace - Member Pryke: Be it resoslved that Application A-24/04, Devens, to allow a non-conforming boathouse to be altered, as shown on the plan attached to the Notice of Decision, is hereby granted.

MOTION DEFEATED.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan. The Committee noted that the use of the second floor is to be for storage only and the use as a sleeping cabin is illegal. The Committee could not support the alteration of an illegal non-conforming use.

8. Correspondence

9. Unfinished Business

a. B/95/03/ML, Walker/Martonfi, Part of Lot 5, Concession 14, Part 1, 2, 6, 7 and 9, Plan 35R-2810, (Medora), 4-8-019. A verbal report was presented. The hearing for this application was adjourned at the Committee of Adjustment Hearing held on January 14, 2004.

Members Wallace and Pryke could not vote, as they did not attend the original presentation of the application.

Report received from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis read the report aloud, a copy of which is attached.

Mr. John Walker, 50 Rowling Ave., Toronto, Ontario, attended the meeting. Mr. Walker indicated that a building permit for a septic system has been applied for.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that cash-in-lieu is not included as a condition because a new vacant lot is not being created.

Resolution Number: CA-11-19/05/2004

Member Hare – Member Grady: Be it resolved that Consent be granted for Application B/95/03/ML , (Walker/Martonfi), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – May 19, 2004, Page #12 Minutes – Committee of Adjustment – May 19, 2004 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. Specifically, that a new system be installed on the severed lot to service the development on the same lot. 3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage on the severed lot and retained lot.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

b. B/05/04/ML, Nesdoly, Part of Hiawatha Island, Lake Muskoka, (Medora), 4-22- 063. A verbal report was presented.

Members Pryke and Thompson did not attend the original presentation.

Ms. Ghikadis explained that Committee had given previous approval on February 25, 2004. Ms. Ghikadis stated that a new lot line configuration has been submitted in order to accommodate the recommended septic location by Sandy Bos.

Mr. Don Evans, Royal Lepage, 1 Lock Street, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the application.

Staff questioned if the application needs to be re-circulated? Committee agreed that application does not need to be re-circulated as the result is the same.

10. New Business

11. Statistics

Minutes – Committee of Adjustment – May 19, 2004, Page #13 Minutes – Committee of Adjustment – May 19, 2004 12. Adjournment

Resolution Number: CA-12-19/05/2004

Member Thompson – Member Wallace: Be it resolved that the meeting adjourn at 12:12 p.m.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – May 19, 2004, Page #14

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, June 9, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

PRESENT:

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated May 19, 2004, is attached.

Chair Fairfield noted an error on page 6 and page 10

Resolution Number: CA-01-09/06/2004

Member Ellis - Member Grady: Be it resolved that the minutes dated May 19, 2004 be adopted and approved as amended.

Carried.

4. Delegations

a. Mr. N.B. Roche, Agent, did not attend the meeting re: Item 9.b., Unfinished Business, Thompson and Rostrevor Holdings Inc.

b. Mr. Ken Trevelyan, Agent, attended the meeting re: Item 9.c., Unfinished Business, The Daul Investment Group Inc.

Minutes – Committee of Adjustment – June 9, 2004, Page #1 Minutes – Committee of Adjustment – June 9, 2004

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/45/04/ML, Laundry, Part of Lot 30, Concession 4, Part 1, Plan 35R-10028, (Port Carling), 5-3-062. A copy of the report was attached.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that the proposed lot creation meets the existing and proposed zoning requirements, however, parking and stormwater management still needs to be addressed.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Laundry could not attend. Mr. Grimmett requested that the application be approved subject to site plan approval due to the cost of an engineering study.

Ms. Peggy Grigg, Box 339, Port Carling, Ontario P0B 1J0 attended the meeting. Ms. Grigg noted her concerns of low cost housing, trespassing, parking, entranceways, drainage issues, property values and her privacy.

In answer to Member Hare’s question, Mr. Fahner stated that the proposed retained lot is to be Commercial and the proposed severed lot is to be Multi- Residential.

Member Nishikawa commented that the application is lacking details and information. She would like to see a sketch showing height, parking, etc…. prior to approval.

Member Martin noted his concerns regarding the number of driveways into the subject lands. Mr. Grimmett stated that they are historic.

Chair Fairfield noted that the opponent had concerns regarding height and drainage. Ms. Ghikadis stated that the maximum height for Multiple Residential is 35 feet. Mr. Fahner added that the proposed Community By-law is to be 40 feet. The drainage could be dealt with at the site plan stage.

Mr. Grimmett concluded that the rezoning is designed to bring the proposed severed lot into conformity with the Official Plan. He noted that the topography and drainage, height, parking will be dealt with in the site plan application. He suggested that a condition to remove the other driveways could be added.

Minutes – Committee of Adjustment – June 9, 2004, Page #2 Minutes – Committee of Adjustment – June 9, 2004 Resolution Number: CA-02-09/06/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/45/04/ML , (Laundry), 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 owner enter into an Agreement with the District for municipal water and sewer.

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.

Carried.

6. Hearing of Consent Applications

a. B/41/04/ML, Cronan, Part of Lot 24, Concession 8, Part 1 and 2, Plan RD-774, (Watt), 2-12-006. 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 19 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) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

iii) Letter received from David Falkenger. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – June 9, 2004, Page #3 Minutes – Committee of Adjustment – June 9, 2004

Staff recommended that only one new lot be created.

Mr. Tom Cronan, Box 57, Bradford, Ontario L3Z 2A7 attended the meeting. Mr. Cronan stated that they intend to upgrade the access road with ditching and gravel next year and he will be contacting Mel Smith regarding a septic system. He stated that it meets the zoning requirements of the by-law. There will be no tree removal and the existing cottage is not visible from north shore.

Mr. David Falkenger, attended the meeting in opposition to the application.

In answer to Member Grady’s question, Ms. Ghikadis stated that Mr. Bos’ comments are based on a Class 4F sewage system and requested that a detailed proposal from a licensed installer be submitted.

Member Goltz suggested that the proposal be tabled until approval is given by Mr. Bos.

In answer to Member Nishikawa’s question, Mr. Falkenger stated that he is concerned with the safety of his children due to the condition of the road.

In answer to Member Pryke’s question, Mr. Cronan stated that he would do a site evaluation study if required.

In answer to Member Thompson’s question, Ms. Ghikadis stated that she was unsure of the size of the lots and the lot lines might be reconfigured so that one acre is maintained. Mr. Cronan stated that a survey would confirm this if it is approved.

Chair Fairfield explained to Mr. Cronan that he would have to get approvals from the Township to upgrade the Original Shore Road Allowance (which is open).

Resolution Number: CA-03-09/06/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/41/04/ML , (Cronan), provided the following conditions are fulfilled:

1. That only one new lot be created. 2. A registerable description (Deed) of the right-of-way (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan. 3. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 4. 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. 5. The vacant lot be made subject to Site Plan Control to ensure that vegetation remains on the steep slope through a Site Plan Agreement.

Minutes – Committee of Adjustment – June 9, 2004, Page #4 Minutes – Committee of Adjustment – June 9, 2004 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.

Carried.

b. B/42/04/ML, Base and Bursey, Part of Lot 8, Concession B, Part 3, Plan 35R- 7773, Tobin Island, (Medora), 4-27-068-01. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 19 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

iii) Letter received from William H. Koptas. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff stated that the proposed lot meets the requirements of the zoning by-law and the Official Plan. Previous approvals from Muskoka Land Division were given to create the same lot configuration in 1993. At that time, the Ministry of Natural Resources (MNR) commented on the Type I fish habitat and gave approval. MNR had requested that docks only be permitted in the northerly portion of the proposed severed lot. This would satisfy the District’s requirements of a Fish Habitat Study.

Mr. Barry Base, 93 Walker Avenue, Toronto, Ontario M4V 1G3 attended the meeting. Mr. Base circulated photographs of the subjected lands.

No one attended the meeting in support of the application.

Mr. Johnathan Morse, 11 Donna Mae Crescent, Thornhill, Ontario L4J 1Z9 attended the meeting in opposition to the application. Mr. Morse read his presentation of opposition aloud, a copy of which is attached.

Minutes – Committee of Adjustment – June 9, 2004, Page #5 Minutes – Committee of Adjustment – June 9, 2004 In answer to Member Hare’s question, Ms. Ghikadis stated, in her opinion, that a 66 foot dock would be adequate.

Resolution Number: CA-04-09/06/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/42/04/ML, (Base and Bursey), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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. 5. That docks on the lot to be severed be located in the northerly 50 ft. by way of a zoning exemption. 6. That mainland access is confirmed from a marina.

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.

Carried.

c. B/43/44/04/ML, Huddle, Part of Lot 16 and 17, Concession C, Parts 7-9, Plan 35R-13555, Parts 3, 5 and 10, Plan 35R-6678, (Medora), 6-18-083. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – June 9, 2004, Page #6 Minutes – Committee of Adjustment – June 9, 2004

A letter was received from the applicant requesting the application be withdrawn.

Notice of the Hearing was circulated 19 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. A copy of the letter is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems, a copy of which is attached.

iii) Letter received from Jim Gardiner, a copy of which is attached.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

APPLICATION WITHDRAWN.

d. B/46/04/ML, Grafton, Lot 15, Concession 12, (Monck), 9-12-024. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 19 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that the peat is being stored in a different area than what is shown on the site plan. The approved area is on the retained lands are there is no approved storage area on the severed lot. There is a lack of tree buffering as required by the site plan.

No one attended the meeting in support of or in opposition to the application.

Member Pryke commented that the area is a mess, and no buffering was planted as they were supposed to. She questioned if Committee should defer approval until a site plan application is submitted.

Member Hare suggested that the application be adjourned until the existing site plan is brought into compliance.

ADJOURNED.

Minutes – Committee of Adjustment – June 9, 2004, Page #7 Minutes – Committee of Adjustment – June 9, 2004 7. Hearing of Minor Variance Applications

a. A-29/04, McMahon, Part of Lot 17, Concession 9, Part 1, Plan 35R-5076, (Medora), 4-12-026-01.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letter received from Heather Wilson-Irons and Willa Wilson. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected property on June 8, 2004. There is some tree cover in front of the existing dwelling. Staff requested additional plantings. Staff had measured the proposed addition at 37 feet at the closest point, 43 feet was applied. If Committee wishes to approve the application it should be re-circulated with the correct setback.

Mr. Mark McMahon, 2190 Shaftesbury Court, Oakville, Ontario L6H 4L2 attended the meeting.

Photographs were circulated.

In answer to Member Thompson’s question, Mr. McMahon stated that they intend to increase the family room out eight feet and cover the existing deck.

Member Pryke could not support the proposal at 37 feet. She felt it would be too much development in the front yard and would be visible.

Committee concurred that the application should not be re-circulated.

Resolution Number CA-05-09/06/2004

Member Goltz – Member Hare: Be it resolved that Application A- 29/04, McMahon, to allow for the construction of an addition to an existing dwelling that is to be located 43 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, 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 addition is too large and too close to the water. It was found that the proposed addition is actually closer to the water (at the closest point) than what was applied for. The proposed addition is approximately 37 feet (at the closest point) from the high water mark.

Minutes – Committee of Adjustment – June 9, 2004, Page #8 Minutes – Committee of Adjustment – June 9, 2004 b. A-30/04, Swartz, Part of Lot 25, Concession 6, Part 3, Plan 35R-4148, (Wood), 6-4-011-01.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Photographs were circulated.

Staff inspected the property on June 8, 2004. There is a vegetation buffer that consists of pine, hemlock, maple and elm, which will screen proposed addition. The proposed addition site is a fairly level area and will not require tree removal. There is a rock bluff that limits expansion on the back of the dwelling. The dwelling is circa 1928 and is in character with other development in the area.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-06-09/06/2004

Member Goltz – Member Hare: Be it resolved that Application A- 30/04, Swartz, to allow for the construction of an addition to an existing dwelling that is to be located 32 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed is further back than what is existing, the addition will be well screened from the lake due to the amount of vegetation and there is a rock bluff preventing the addition to be located any further back from the lake.

c. A-31/04, Hudec, Part of Lot 38, Concession 7, Lot 1, Plan M-251, (Bala), 7-1- 026.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Minutes – Committee of Adjustment – June 9, 2004, Page #9 Minutes – Committee of Adjustment – June 9, 2004 Staff inspected on June 8, 2004. The dwelling is existing and the proposed addition will be located at the back of the dwelling and will not be visible from the water. The proposed addition is to be built on an existing deck and there will be no tree removal. The impact would be minimal.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-07-09/06/2004

Member Hare – Member Goltz: Be it resolved that Application A- 31/04, Hudec, to allow for the construction of an addition to the existing dwelling that is to be located 54 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

d. A-32/04, Zivanovich, Part of Lot 37, Concession 7, Parts 4-6, Plan 35R-10837, (Bala), 7-1-009-02.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff inspected the property on June 8, 2004. Due to the existing location of structures it would be difficult to comply. The lot is very level and open. Committee may wish additional tree planting.

Photographs were circulated.

Mr. Stan Zivanovich, 4047 Farm Cottage Court, Mississauga, Ontario L5L 2P7 attended the meeting. Mr. Zivanovich stated that they purchased the property approximately three years ago. They intend to utilize the existing deck for the proposed addition.

In answer to Member Ellis’ question, Mr. Zivanovich stated that they could put additional plantings in the front of the dwelling if Committee wishes.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that lot coverage is under six percent.

Minutes – Committee of Adjustment – June 9, 2004, Page #10 Minutes – Committee of Adjustment – June 9, 2004 Mr. Fahner stated that there is no effective shoreline vegetative buffer and Committee may wishes to impose a condition for plantings to reduce the runoff to the lake. He noted that he has only limited expertise in this area and a landscaping firm should do a plan for re-naturalizing the site.

Member Pryke commented that there is adequate soil to plant there but felt that a re-naturalizing program would be too costly.

Resolution Number CA-08-09/06/2004

Member Wallace – Member Martin: Be it resolved that Application A-32/04, Zivanovich, to allow for the construction of an addition to the existing dwelling that is to be located 57 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

e. A-33/04, Colacci and Panacci, Part of Lot 20, Concession E, Part 3, Plan 35R- 19078, (Medora), 6-19-034-08.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letters received from the following people. Ms. Ghikadis read the letters aloud, copies of the letters are attached.

• Gary and Marg Miron • Mary E. and Robert H. Crawford

Photographs were circulated.

Staff noted that the building has been constructed without a building permit. The Building Department became aware of it an issued a Stop Work Order. The structure is only visible from other separate lands owned by Mr. Colacci. It is not visible from the lake as it is 400 feet back. It was noted that the Township has given approvals for sheds or garages prior to the main use in the past.

Mr. Michele Colacci, 22 Roseglen Crescent, Downsview, Ontario M3N 1G6 attended the meeting. Mr. Colacci stated that it is a tool shed only.

Mr. Vittorio Maone, 36 Hudson Street, Maple, Ontario L6A 1S3 attended the meeting in support of the application. Mr. Maone owns Part 5 on Plan 35R- 19079. Mr. Maone stated that he did not receive any notification of the proposal.

Minutes – Committee of Adjustment – June 9, 2004, Page #11 Minutes – Committee of Adjustment – June 9, 2004

Mr. Frank Stillo, Box 792, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Mr. Stillo stated that every building has been built without a building pemit. The property was not posted properly and the trailer is located on the right-of-way. He noted that the Acton Island residents are deeply concerned with his actions.

Ms. Eleanor Lewis, 1043 Innisfree Road, attended the meeting in opposition to the application. Ms. Lewis stated that building permits should have been obtained, and was also concerned with the future use of this land.

Ms. Vicky Rosak, 1047 Innisfree Road, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. She noted her concerns regarding the lack of a building permit.

In answer to Member Hare’s question, Mr. Fahner stated that the Building Department is dealing with the trailer. Ms. Ghikadis stated that there is a letter on file, recommending that it comply and to be used only as storage.

Mr. Donald stated that the Building Department is still carrying on with the charges and noted that the trailer is jacked up and is being prepared to be moved.

Resolution Number CA-09-09/06/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-33/04, Colacci and Panacci, to allow for the construction of a shed prior to the main use and to allow the shed to be 9 feet from the side lot line and 8 feet from the rear lot line and right-of-way, as shown on the plan attached to the Notice of Decision is hereby denied.

Carried.

Chair Fairfield requested that Member Pryke fulfill the duty of Acting Chair as she had a meeting scheduled for 1:00 p.m.

Resolution Number: CA-10-09/06/2004

Member Martin – Member Thompson: Be it resolved that Susan Pryke be appointed as Acting Chair for a portion of the Committee of Adjustment Hearing held on June 9, 2004.

Carried.

Minutes – Committee of Adjustment – June 9, 2004, Page #12 Minutes – Committee of Adjustment – June 9, 2004 f. A-34/04, Schofield, Part of Lot 4, Concession 14, Part 1, Plan BR-107, Lot 5, Plan M-259, (Medora), 4-8-029.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letter was received from Mr. Schofield requesting a refund.

Mr. Gordon Schofield, 311 Burns Blvd., King City, Ontario L7B 1E1 attended the meeting. Mr. Schofield felt that the proposal has addressed Committee concerns from the previous application.

Resolution Number CA-10-09/06/2004

Member Wallace – Member Ellis: Be it resolved that Application A-34/04, Schofield, to allow for the construction of a deck that is to be 17 feet from the high water mark, to allow for the construction of a one storey boathouse which will result in a lot coverage of 10.50% on the entire lot and 10.54% on the area within 200 feet from the shore and to allow for the total cumulative width of docks and boathouse to be 28.6% or 47.5 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried

8. Correspondence

9. Unfinished Business

a. Additional Condition To be Imposed, B/104/105/04/ML, Jack, Part of Lot 16, Concession 13, (Wood), 8-9-103. The Committee granted conditional consent on February 4, 2004. A verbal report was presented.

Mr Fahner explained the condition #5 that is to be added. In addition, separate resolutions are to be passed to deal with the application individually.

Resolution Number: CA-12-09/06/2004

Member Goltz – Member Hare: Be it resolved that the decision of the Committee of Adjustment dated February 4, 2004, for Application B/104/03/ML, (Jack), is hereby amended to include the following conditions:

Minutes – Committee of Adjustment – June 9, 2004, Page #13 Minutes – Committee of Adjustment – June 9, 2004 Condition Number 5: That the portion of Eckford Road located on the severed and retained lots be deeded to the Township of Muskoka Lakes.

EXPLANATION OF CHANGES: Through recent survey work being carried out for the severance, it was found that a portion of Eckford Road is located on the Jack property.

Please note that the conditons in the decision dated February 4, 2004, remain in full force.

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.

Carried.

Resolution Number: CA-13-09/06/2004

Member Nishikawa – Member Thompson: Be it resolved that the decision of the Committee of Adjustment dated February 4, 2004, for Application B/105/03/ML, (Jack), is hereby amended as follows:

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 – June 9, 2004, Page #14 Minutes – Committee of Adjustment – June 9, 2004 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.

Carried. b. B/31/32/04/ML, Thompson and Rostrevor Holdings Inc., Part of Lot 31, Concession 11, (Watt), 2-25-066, 2-25-067. This application was adjourned at the hearing held on April 28, 2004. A verbal report was presented.

Mr. Fahner stated that Mr. Fitton had advised that Committee could grant approval. The Township could convey a right-of-way to Mr. Mitchell’s property at a later date during the closing of the Original Shore Road Allowance.

Resolution Number: CA-14-09/06/2004

Member Nishikawa – Member Thompson: Be it resolved that Consent be granted for Application B/31/32/04/ML, (Thompson and Rostrevor Muskoka Holdings Inc.), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

c. A-23/04, The Daul Investment Group Inc., Part of Lot 30 and 31, Concession 4, Lots 28, 29, Part Lot 24 and 30, Plan 1, (Port Carling), 5-3-038. This application was adjourned at the hearing held on May 19, 2004. A verbal report was presented.

Minutes – Committee of Adjustment – June 9, 2004, Page #15 Minutes – Committee of Adjustment – June 9, 2004 Mr. Fahner noted that this item was deferred to confirm ownership and the sewer and water easement location. A letter was received from William Draimin stating that Brad Brock is the President and the sole Director of the Corporation. A letter was also received from the District of Muskoka regarding the easement. A copy of these letters is attached.

Mr. Ken Trevelyan, Suite 201, 379 George Street, Peterborough, Ontario K9J 3R2 attended the meeting as agent for the applicant. Mr. Trevelyan stated that the sewer and water easement was put in after the building was constructed and would like to discuss further this with the District of Muskoka.

Mr. Brad Brock, c/o The Daul Investment Group Inc., Suite 384, 33 Hazelton Avenue, Toronto, Ontario M5R 2E3 attended the meeting to answer any questions.

Mr. Trevelyan stated that they are trying to use a stable foundation to construct this proposal. He noted that the building would screen the parking lot from the water.

In answer to Member Nishikawa’s question, Mr. Fahner stated that according to the site plan approval, the parking lot has not been paved. Member Nishikawa commented that if the applicant has not fulfilled outstanding issues for the site plan, increased securities should be submitted.

AJOURNED

10. New Business

11. Statistics

12. Adjournment

Resolution Number: CA-15-09/06/2004

Member Thompson – Member Wallace: Be it resolved that the meeting adjourn at 1:15 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – June 9, 2004, Page #16 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, June 30, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

PRESENT:

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated June 9, 2004, is attached.

Resolution Number: CA-01-30/06/2004

Member Thompson – Member Wallace: Be it resolved that the minutes dated June 9, 2004 be adopted and approved as printed.

Carried.

4. Delegations

a. Mr. Ken Trevelyan, Agent, attended the meeting re: Item 9.a., Unfinished Business, The Daul Investment Group Inc.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/47/04/ML, Gesualdi, Part of Lot 11, Concession 8, Part 1, Plan 35R-11968, (Medora), 4-24-019. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – June 30, 2004, Page #1 Minutes – Committee of Adjustment – June 30, 2004 Notice of the Hearing was circulated 26 days prior.

Photographs of the property were circulated to Committee.

Staff noted that both lots exceed the requirements of the by-law.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant.

Ms. Gesualdi attended the meeting.

In answer to Member Nishikawa’s question, Mr. Fahner stated that if Committee wishes to restrict shoreline development on the proposed retained lot it could be done.

In answer to Member Grady’s question, Ms. Walton stated that the second sleeping cabin is to be converted.

In answer to Member Pryke’s question, Ms. Gesualdi stated that the existing structures on the property are approximately 110 years old.

In answer to Member Goltz’ question, Mr. Fahner stated that the tree fort is considered a structure.

Chair Fairfield questioned whether there is a concern where the propane tank is located. Ms. Walton stated that she was not sure where the tank is located but could check. Member Martin commented that if there is an encroachment with the propane tank, it has to be moved.

Committee agreed to add a condition regarding the propane tank.

Resolution Number: CA-02-30/06/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/47/04/ML , (Gesualdi), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with

Minutes – Committee of Adjustment – June 30, 2004, Page #2 Minutes – Committee of Adjustment – June 30, 2004 any existing sewage systems be corrected to the satisfaction of the Township.

3. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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.

4. The subject lands be brought into conformity with the Zoning By-law by means of a rezoning to Waterfront Residential (WR5-7).

5. That one of the sleeping cabins be removed or converted to storage to conform with Official Plan polices and comply with Comprehensive Zoning By-law 87-87 requirements of one dwelling and one sleeping cabin per lot.

6. That mainland access be confirmed.

7. That the new lot line be 3 metres from the boathouse sewage system.

8. That the existing propane tank is moved off the proposed lot line, if necessary.

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).

Carried.

6. Hearing of Consent Applications

a. B/48-56/04/ML, 1599624 Ontario Limited, Part of Lot 18, 19 and 20, Concession 10, (Medora), 4-13-051, 4-13-052. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 days prior.

Minutes – Committee of Adjustment – June 30, 2004, Page #3 Minutes – Committee of Adjustment – June 30, 2004

Staff had no objections to the application.

Ms. Karen Flood attended the meeting as agent for the applicant. Ms. Flood requested that the fees be waived as the previous application had lapsed.

Mr. Scott Elliott, 15 Sarjeant Drive, Box 227, Barrie, Ontario L4M 4T2 attended the meeting.

In answer to Chair Fairfield’s question, Mr. Fahner stated that Committee has not refunded fees when an application has lasped, however, the same application was previously approved for several right-of-ways in 2003. The application fees were $3000.00.

Committee could not support Ms. Flood’s request.

Resolution Number: CA-03-30/06/2004

Member Thompson – Member Martin: Be it resolved that Consent be granted for Application B/48-56/04/ML , (1599624 Ontario Limited), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. That the existing right-of-way be extinguished.

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).

Carried.

Minutes – Committee of Adjustment – June 30, 2004, Page #4 Minutes – Committee of Adjustment – June 30, 2004 b. B/57/04/ML, Doey and Hall, Part of Lot 28, Concession 7, Block C and Part Block B, Plan M-251, (Bala), 7-1-011. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 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) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

iii) Letter received from Hastings, Charlebois requesting notification of the decision. A copy of the letter is attached.

Staff recommended approval with conditions.

Mr. Barry Horne, 8 Watersedge Circle, St. Catharines, Ontario L2N 7S4 attended the meeting as agent for the application to answer any questions.

In answer to Member Nishikawa’s question, Mr. Fahner stated that if the Waterfront Density proposed was approved, they would not be permitted to have a boathouse on the property as it fronts onto a lake at capacity (Hesner’s Lake).

Resolution Number: CA-04-30/06/2004

Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/57/04/ML, (Doey and Hall), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

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).

Carried.

Minutes – Committee of Adjustment – June 30, 2004, Page #5 Minutes – Committee of Adjustment – June 30, 2004 c. B/58/04/ML, Morrow, Part of Lot 14, Concession B, Lot 245, Plan 21, (Bala), 7- 11-049. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 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.

Staff had no objection to the application.

Mr. Kevin Morrow, Box 201, Bala, Ontario P0C 1A0 attended the meeting. Mr. Morrow stated that due to the lay of the lands and drainage issues regarding the Luksa’s property, they need legal access to maintain the storm drainpipe.

Mr. Peter Luksa, 1025 Aberdeen Street, Bala, Ontario P0C 1A0 attended the meeting in support of the application.

In answer to Member Thompson’s question, Mr. Morrow stated that the water drains into the Township’s ditch.

In answer to Member Goltz’ question, Ms. Ghikadis clarified that the easement is 10 feet x 95 feet. The notice had stated 10 feet x 95 inches in error.

Resolution Number: CA-05/30/06/2004

Member Wallace – Member Pryke: Be it resolved that Consent be granted for Application B/58/04/ML, (Morrow), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Minutes – Committee of Adjustment – June 30, 2004, Page #6 Minutes – Committee of Adjustment – June 30, 2004 d. B/59/04/ML, Hilton and Carruthers, Part of Lot 22, Concession 3, Parts 2, 3 and 5, Plan 35R-2627, (Medora), 6-14-041. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 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) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff did not inspect the property. The proposed right-of-way is to be located where the traveled road exists.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-06-30/06/2004

Member Wallace – Member Pryke: Be it resolved that Consent be granted for Application B/59/04/ML, (Hilton and Carruthers), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. That the existing right-of-way is released or extinguished.

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).

Carried.

Minutes – Committee of Adjustment – June 30, 2004, Page #7 Minutes – Committee of Adjustment – June 30, 2004 e. B/60/61/04/ML, Staples and 1553031 Ontario Limited, Part of Lot 12, Concession 4, (Watt), 2-15-006. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that Committee has previously dealt with this property. It is a steep property and noted that the proposed right-of-way does not interfere with the previously approved septic and building locations.

Ms. Andree Bailargeon, 1086-16 Pennwood Road, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.

No one else attended the meeting.

Committee had no questions.

Resolution Number: CA-07-30/06/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/60/61/04/ML, (Staples and 1553031 Ontario Limited), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. That the right-of-way is not located within the approved building and septic envelopes.

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).

Carried.

Minutes – Committee of Adjustment – June 30, 2004, Page #8 Minutes – Committee of Adjustment – June 30, 2004 f. B/62/04/ML, Lowndes, Part of Lot 14, Concession 13, (Wood), 8-9-052. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff visited the property. The proposed right-of-way is partially constructed. The size of the right-of-way is proposed to be 50 feet wide and staff questioned the size especially after seeing the large number of trees which have been removed.

No one attended the meeting

Committee had no questions.

Resolution Number: CA-08-30/06/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/62/04/ML, (Lowndes), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

Minutes – Committee of Adjustment – June 30, 2004, Page #9 Minutes – Committee of Adjustment – June 30, 2004 7. Hearing of Minor Variance Applications

a. A-35/04, Sanders, Part of Lot 16, Concession E, Lot 17, Plan M-435, (Medora), 6-18-036.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Letter was received from Marlene Kipfer. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff pointed out the history of the application. In 2002, approval was given to construct a workshop/studio with an open deck through the planning process. A subsequent building permit was issued to demolish the boathouse and repair the dock. Upon inspection, the Building Department found that the open deck on the studio was closed in and the building permit was revoked, as lot coverage would be exceeded through the construction of the boathouse.

Staff inspected the property on June 29, 2004. Existing structures on the property include: main dwelling, studio, docks and a small shed (that is not included on diagram). Ms. Ghikadis noted that the area exists of 100 foot lots. Most of these properties with accessory structures tend to have modest dwellings. She noted that there have been other approvals in the area and staff does not recommend approval of applications for lot coverage beyond 10%.

Mr. James Lewis, Box 448, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Lewis explained that the covered porch was given a final inspection and approved by the Building Department. The proposed boathouse (single storey) would be reconstructed on the existing footprint.

Mr. Eric Sanders, 1084 Sunset Bay Road attended the meeting. Mr. Sanders explained the studio does not look over the neighbour’s property. There are no windows on the neighbour’s side and is located approximately 80 feet away from the neighbours. Mr. McAuley had constructed the workshop. Mr. Sanders also noted that he has always obtained Township approvals.

Mr. Gordon Graham, 763 Glasgow Street, Kitchener, Ontario N2M 2N7 attended the meeting in opposition to the application.

In answer to Member Hare’s question, Mr. Sander’s stated that upon inspection, the deck and doorway were framed in.

In answer to Member Pryke’s question, Ms. Ghikadis stated that the original minor variance application in 2002 was for 11.5% lot coverage, 10.8% was approved. Any roofed area is included in lot coverage calculations. She read the minutes dated February 2002 aloud.

In answer to Member Thompson’s question, Ms. Ghikadis stated that the Building Department staff had indicated that there has not been a final inspection done.

Minutes – Committee of Adjustment – June 30, 2004, Page #10 Minutes – Committee of Adjustment – June 30, 2004 In answer to Member Ellis’ question, Ms. Ghikadis stated that the small shed is not shown on the plot plan but was factored into the lot coverage calculation.

Resolution Number CA-09-30/06/2004

Member Goltz – Member Grady: Be it resolved that Application A- 35/04, Sanders to allow for the construction of a boathouse which will result in a lot coverage (on the lot within 200 feet from the normal high water mark) of 11.6% or 3,147 square feet, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed boathouse is a non-habitable structure, there was a previous existing boathouse located in the same area and would have a minimal impact on the water.

b. A-36/04, McNair, Part of Lot 12, Concession 5, Part 2, Plan 35R-2186, (Monck), 9-2-021.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letter received from Natalia Morlachetti. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Ms. Ghikadis stated that a garage was permitted under a previous minor variance application A-30/90. At that time a 30’ x 30’ garage was proposed which would result in 13% lot coverage. Committee agreed to a 22’ x 24’ garage with a maximum height of 12 feet. Last fall the Building Department received a complaint about a carport extension. Orders were issued and charges were laid and a subsequent application had been submitted. Staff inspected the subject property on June 28, 2004. It is an area of very small lots and is difficult to comply. The carport addition is not visible from the lake due to the location. There is some tree cover on the property, not in the area of the carport. It is visible from neighbouring properties. Staff noted that there is an additional shed on property that is not shown on the plot plan and staff does not recommend approval for applications for lot coverage beyond 10%.

Photographs were circulated to Committee.

Mr. Chuck McNair, Box 330, Bracebridge, Ontario P1L 1T7 attended the meeting on behalf of his wife. Mr. McNair noted that a portable shelter was erected and they had replaced it with the carport. He noted that a mistake was made and will put the portable shelter back up. The back corner of the property cannot be built on. The drainage issues that the neighbour had stated are pre-conditioned, as the land is higher in elevation than the subject property.

Minutes – Committee of Adjustment – June 30, 2004, Page #11 Minutes – Committee of Adjustment – June 30, 2004

Ms. Gayle Znebel, 1045 Wenleigh Court, Mississauga, Ontario L5H 1M7 attended the meeting in opposition to the application.

In answer to Member Thompson’s question, Mr. Fahner read aloud the definition of “structure”. He stated that portable shelters would be defined as a structure and are included in lot coverage.

In answer to Member Martin’s question, Mr. Fahner stated the setback from a private road is 10 feet. This however, constitutes the rear lot line, and the setback would be 15 feet.

Mr. Donald stated that portable shelters are considered to be a tent. A tent is defined in the by-law as a structure, and must comply with the by-law requirements.

In answer to Member Pryke’s question, Mr. Donald stated that the Building Department would carry on with the charges. The courts would go lighter if the application were approved. Mr. Donald noted that the building permit fees are doubled when a building permit is not obtained.

Mr. McNair apologized to Committee.

Member Pryke could not support the application. She noted that it is difficult to give approvals when the building is already constructed.

Resolution Number CA-10-30/06/2004

Member Grady – Member Goltz: Be it resolved that Application A-36/04, McNair, to allow for the construction of a carport which will result in a lot coverage of 11.57% or 2,160 square feet, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

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 Committee noted that the carport is not inkeeping with the area and a previous approval limited the size of garage and the applicant was aware that the size was limited due to lot coverage requirements. It was also noted that the some of the neighbours had indicated their concerns. c. A-37/04, Bellissimo. Part of Lot 38, Concession 7, (Bala), 7-1-012.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Minutes – Committee of Adjustment – June 30, 2004, Page #12 Minutes – Committee of Adjustment – June 30, 2004

Photographs were circulated to Committee.

Staff inspected the property on June 8, 2004. Ms. Ghikadis noted that Hesners Lake is at capacity and requires any new construction to be setback 100 feet from the water. There is no “grandfathering” of existing setbacks in a WR4 zone. In the area of proposed addition, the dwelling is setback 68 feet from the water. The proposed addition is at the side of the dwelling and maintains the existing building line. However, due to a dip in the shoreline, the addition will be at 67 feet at the closest point. The proposed addition is to be in a cleared driveway area and only one tree will need to be removed. The dwelling is located on a level plateau and then gently slopes to the lake. In front of the addition, there is good tree cover. The septic is also located behind the dwelling. The existing deck is 40 feet from the water at the closest point. The proposed deck is large and staff would prefer the deck to be reduced in size and/or redesigned to match the existing setback.

Ms. Jennifer and Mr. Vince Bellissimo, 66 Settler Court, Brampton, Ontario L6Z 4L6 attended the meeting to answer any questions.

In answer to Member Grady’s question, Ms. Bellissimo stated that the cottage is situated on an angle and they have not thought of moving the deck back. She noted that it would not be desirable and prefer the location that was applied for.

Resolution Number CA-11-30/06/2004

Member Grady – Member Goltz: Be it resolved that Application A- 37/04, Bellissimo, to allow for the construction of an addition to the existing dwelling that is to be located 67 feet (at the closest point) from the high water mark, and to allow for the construction of a deck 30 feet (at the closest point) from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

a. Ontario Municipal Board Decision, B/09/10/04/ML, Kilty, Tripp, Bruns, Part of Lot 1 and 2, Concession 3, (Medora), 6-13-026, 6-13-029-01. A verbal report was presented.

Mr. Fahner noted that the OMB had awarded costs to the applicant against the Roderick Lake Association in the amount of $1500.00.

Minutes – Committee of Adjustment – June 30, 2004, Page #13 Minutes – Committee of Adjustment – June 30, 2004

9. Unfinished Business

a. A-23/04, The Daul Investment Group Inc., Part of Lot 30 and 31, Concession 4, Lots 28, 29, Part Lot 24 and 30, Plan 1, (Port Carling), 5-3-038. This application was adjourned at the hearing held on May 19, 2004 and June 9, 2004. A verbal report was presented.

Mr. Fahner noted that the District of Muskoka had a previous concern with the proposed building due to the sewer easement. He had spoken with Herman Clements of the District who noted that they have no objections with the application.

Mr. Ken Trevelyan, Suite 201, 379 George Street, Peterborough, Ontario K9J 3R2 attended the meeting as agent for the applicant.

Member Hare questioned whether the securities are still valid. Mr. Fahner indicated that they would be discussing this matter further at the Planning and Community Development meeting today.

In answer to Mayor Pryke’s question, Mr. Fahner stated that the building was plotted on the approved site plan. It was 0 feet from the front lot line and site plan approval for it should not have been granted.

Resolution Number CA-12-30/06/2004

Member Goltz – Member Ellis: Be it resolved that Application A- 23/04, The Daul Investment Group Inc., to allow for the construction of a building located zero feet from the front lot line (water’s edge) as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

10. New Business

11. Statistics

Minutes – Committee of Adjustment – June 30, 2004, Page #14 Minutes – Committee of Adjustment – June 30, 2004 12. Adjournment

Resolution Number: CA-13-30/06/2004

Member Ellis – Member Goltz: Be it resolved that the meeting adjourn at 11:50 a.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – June 30, 2004, Page #15 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, July 21, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke N. Donald - Development Services Coordinator Ruth Nishikawa C. Minty - Planning Administrative Assistant Nancy Thompson Don Goltz arr. @ 8:08 a.m. left @ 10:15 a.m.

Regrets:

Ian Wallace Stewart Martin

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:04 a.m.

2. Declaration of Conflict of Interest

Member Pryke declared a conflict of interest re: Item 7.c. Colligan due to prior knowledge of the application.

3. Adoption of Minutes

a. A copy of the Minutes dated June 30, 2004, is attached.

Resolution Number: CA-01-21/07/2004

Member Ellis – Member Grady: Be it resolved that the minutes dated June 30, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/63/04/ML, Hassard Levac, Part of Lot 13, Concession 11, Part 5 and 6, Plan 35R-11726, (Monck), 9-7-023-01, 9-7-024. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – July 21, 2004, Page #1 Minutes – Committee of Adjustment – July 21, 2004

Notice of the Hearing was circulated 22 days prior.

Ms. Ghikadis noted that the lots do not meet the requirements of the by-law, however, it is a technical severance.

Photographs of the property were circulated to Committee.

Ms. Sharon Pearl Hazzard Levac, 505 Hwy 118, Suite 334, Bracebridge, Ontario, P1L 2G7 attended the meeting to answer any questions.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Grady’s question, Mr. Fahner stated that the lots in the area were created prior to the by-law. The subject lots had inadvertently merged. He recalled a similar application on Leonard Lake that was previously denied by Committee but that merger occurred prior to the passage of Comprehensive Zoning By-law 87-87, as amended.

Resolution Number: CA-02-21/07/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/63/04/ML , (Hassard Levac), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and lot area on the retained lot, and for lot frontage on the severed 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.

This application is considered to be a technical application.

Minutes – Committee of Adjustment – July 21, 2004, Page #2 Minutes – Committee of Adjustment – July 21, 2004

Carried.

6. Hearing of Consent Applications

a. B/64/65/66/04/ML, Sllim Nod Investments Limited, Part of Lot 35, Concession 12, Part 1-5, Plan 35R-7323, (Port Carling), 5-9-068. 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 14 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.

Ms. Ghikadis briefly reviewed the staff report with respect to the previously approved severance. Staff noted concerns if these deeds are registered, as the retained lot would loose its status as a building lot.

Mr. Don Mills, c/o Mills and Mills, 2 St. Clair Avenue West, Suite 700, Toronto, Ontario M4V 1L5 attended the meeting. Mr. Mills gave a detailed history of the subject lands and the previous severance in 1982 that created three lots. The deeds were never registered and they have no intention of selling off these lots at this time. The proposed severed lot is to facilitate additional development area for the abutting lot.

Mr. Hugh Smith, 1117 Redwood Road, Port Carling, Ontairo P0B 1J0 attended the meeting in support of the application and potential purchaser. Mr. Smith stated the right-of-way is abutting a cliff and the boathouse. The lot addition will facilitate a better building site and access for the abutting land.

No one else attended the meeting in support or in opposition to the application

In answer to Councillor Nishikawa’s question, Mr. Mills stated that the small frontage for the retained lot is to access the lake for cattle. The cattle do not go down to the lake and it is used for drawing water only. He noted that with the previous severance it was an undersized lot then, and felt it is not a problem now.

Resolution Number: CA-03-21/07/2004

Minutes – Committee of Adjustment – July 21, 2004, Page #3 Minutes – Committee of Adjustment – July 21, 2004 Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/64/04/ML, (Sllim Nod Investments Limited), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the abutting and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. The severed lot is to be joined in title to the abutting property. 4. Favourable comments from the District of Muskoka related to the proposed right-of-way.

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.

Carried.

Resolution Number: CA-04-21/07/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B//65/66/04/ML, (Sllim Nod Investments Limited), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Favourable comments from the District of Muskoka related to the proposed right-of-way.

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 – July 21, 2004, Page #4 Minutes – Committee of Adjustment – July 21, 2004

Carried.

b. B/67/69/04/ML, Hollingsworth, Part of Lot 39, Concession 5, Part 1-12, Plan 35R- 8739, (Port Carling), 5-5-004. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that on the coloured map attached to the agenda, the purple right-of- way is not the travelled right-of-way.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett requested a deferral of the application. He noted there is a similar problem with the Gass family with respect to a legal right-of-way and they wish to resolve this situation.

No one else attended the meeting in support or in opposition to the application.

ADJOURNED

Mr. Grimmett requested that this application and the Gass family application be on the next agenda. Mr. Fahner noted that an application would have to be submitted and circulated. Committee agreed to put these applications on the next agenda.

c. B/68/04/ML, Priam Holdings Ltd., Part of Lot 35, Concession 13, Part 1-4, Plan 35R-16474, (Medora), 4-16-020-01. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – July 21, 2004, Page #5 Minutes – Committee of Adjustment – July 21, 2004

ii) Letter from Dalt Hicks. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that the same application was not finalized in 1994. The lots exceed the requirements of the by-law. The retained lot has an older dwelling and dock, and the dwelling is not visible due to tree cover. The severed lot is heavily treed and good building sites exist. With respect to the District comments on fish habitat, at that time of the previous application the Ministry of Natural Resources did not have any concerns.

Mr. Bob Thaler, 8 Ontario Street, Bracebridge, Ontario P1L 2A7 attended the meeting as agent to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-05-21/07/2004

Member Grady – Member Hare: Be it resolved that Consent be granted for Application B/67/69/04/ML, (Hollingsworh), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

7. Hearing of Minor Variance Applications

a. A-38/04, Robertson, Part of Lot 28 and 29, Concession 12, Parts 3,5,6,7,8 and 10, Plan 35R-20183, (Monck), 9-13-067.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Minutes – Committee of Adjustment – July 21, 2004, Page #6 Minutes – Committee of Adjustment – July 21, 2004 Photographs of the property were circulated to Committee.

Ms. Ghikadis noted that at the time of construction (1993) there was some confusion related to the required setback from the side lot line. There is a rock outcrop that limited the placement of the garage and there are trees between the common lot line of the neighbours property (Pier 100 Cottages). If the garage were to be expanded in any way, it would have to comply.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett circulated photographs to Committee. Mr. Grimmett explained the history of the construction and requested that Committee consider it as minor as it would be difficult to move. He also noted that it does provide some buffering to the neighbouring use.

Committee had no questions.

Resolution Number CA-06-21/07/2004

Member Hare – Member Nisikawa: Be it resolved that Application A-38/04, Robertson, to allow an existing garage to be 10.3 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the garage has existed for 11 years, there are physical constraints (rock outcrop), which restrict the location of the garage, and there is minimal impact on the neighbouring property.

b. A-39/04, MacDonald, Part of Lot 9 and 10, Concession 4, Part 3, Plan 35R-2157, (Medora), 4-1-026-07.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs of the property were circulated to Committee.

Submissions were received as follows. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Mike Leicester • John and Chris Kociuba • Ron and Silvia Wilson

Minutes – Committee of Adjustment – July 21, 2004, Page #7 Minutes – Committee of Adjustment – July 21, 2004

Staff noted that most of the shoreline is well vegetated primarily of coniferous trees. In the area that is open through the trees, the dwelling is located and well set back from the water. There is a current registered site plan agreement on title. The height issue was discovered at the framing inspection. It is a huge lot and the dwelling is large compared to most dwellings on Bass Lake.

Staff recommended that if approval is given then Committee may wish to impose a condition regarding tree plantings.

Mr. James Lewis, Box 448, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Lewis circulated and reviewed photographs of the area. He noted that due to the topography of the land and the basement, the height does not comply. This was an honest mistake from the builder and the plans that were submitted. There is neighbours’ support for the proposal and it is an attractive building. To make it comply it would change the architectural design and he requested that committee consider the application.

Mr. John MacDonald, 45-1040 Riverside Drive, London, Ontario N6H 5N4 attended the meeting as contractor for the applicant. Mr. MacDonald stated that he constructed the cottage for his son, daughter-in-law and grandchildren. He had no intensions of not complying with the by-law. The plan that was sent from the Building Department was approved. He noted that to lower the roof to comply would be a great expense and possibly cause a snow load problem. It would also change the appearance of the building.

Mr. Jeff MacDonald, Box 755, Nobleton, Ontario, L0G 1N0 attended the meeting. Mr. McDonald indicated that due to the walkout basement the height issue is across the middle section of the dwelling.

In answer to Member Nishikawa’s question, Mr. Neil Donald, Development Services Coordinator, stated that the drawings submitted were over the height requirements and the applicant was informed of this.

In answer to Member Thompson’s question, Mr. Donald stated that there is not a final inspection on the project. The builder is working out the plans to comply.

Member Pryke suggested that the applicant raise the grade to comply. Mr. Jeff MacDonald stated that they went to a great cost to blast and wishes to maintain the walkout.

In answer to Member Thompson’s question, Mr. Fahner stated that Committee has given previous approvals on applications that only a portion of the buildings are over height. In this case, relief for height is across most of the building. He recommended that the applicant plant additional trees in front for buffering.

In answer to Member Grady’s question, Ms. Ghikadis stated that Bass Lake is a smaller lake. Most of the dwellings on the lake are smaller. Due to the large size of the lot and the extensive tree cover it is difficult to compare.

Chair Fairfield suggested that they berm across the front of the dwelling and allow the walkout in the middle and the end of the dwelling only.

Minutes – Committee of Adjustment – July 21, 2004, Page #8 Minutes – Committee of Adjustment – July 21, 2004

Mr. John MacDonald stated that they would plant large trees in the front of the dwelling if Committee wishes.

Committee agreed that a satisfactory landscaping plan should be submitted.

Resolution Number CA-07-21/07/2004

Member Nishikawa – Member Thompson: Be it resolved that Application A-39/04, MacDonald, to allow for the construction of a dwelling in which a portion is to be 38.5 feet in height, as shown on the plan attached to the Notice of Decision, is hereby granted subject to a satisfactory landscaping plan.

Carried.

CONDITIONS: That a satisfactory landscaping plan be submitted.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the property is large, the neighbours supported the application and the dwelling is well set back from the lake. Landscaping will provide a natural buffer.

c. A-40/04, Colligan, Part of Lot 31, Concession 12, Parts 3,6,7 and 11, Plan 35R- 6799, (Medora), 4-15-048-03.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs of the property were circulated to Committee.

Staff inspected the property and noted the history of the property. There is both an Order to Comply and a Stop Work Order on the garage. The only building permit that has been obtained is for the septic system. The garage could comply with the height requirements. It is well setback from the water and is visible from a neighbouring property. The second storey of the garage is a sleeping cabin. If a boathouse was to be constructed, the second storey of the boathouse could be used for storage only.

Mr. Mitchell Chang, 132 Lawrence Avenue, M4M 1N6 attended the meeting as agent for the applicant. Mr. Chang noted that he had hired Catherine Tredway as architect and Wayne Dempsey as builder. An Order was issued and they had tried to get to the bottom of these issues. There seemed to be a miscommunication as they thought all of the necessary permits were sought. He noted that the garage height matches level with the cottage and would not be visible from the water. They thought of joining the cottage to the garage but the elevations did not work. The Planner suggested a minor variance. He had spoken with the neighbours who offered their support for the garage. Mr. Chang

Minutes – Committee of Adjustment – July 21, 2004, Page #9 Minutes – Committee of Adjustment – July 21, 2004 stated that there was absolutely no intent to construct without permits and asked Committee for approval.

Mr. Ron Snow, 6 Millgate Crescent, North York, Ontario M2K 1L6 attended the meeting in support of the application. He noted his concerns with permits not being obtained.

Ms. Vivien Rogers, 1019 Bluff Road, Unit # 1, RR #2, Port Carling, Ontario P0B 1J0 attended the meeting. Ms. Rogers stated that she had no problems with the variance but was concerned with the building permit procedure.

No one else attended the meeting in support of or in opposition to the application.

Mr. Fahner stated that it is difficult when structures are not built with a permit and do not comply. An application can be made after the fact. Once a building is completed, Committee is dealing with an application as built and this is not the normal procedure. Mr. Fahner added the Building Department is dealing with the building issues.

Ms. Rogers requested notification if any other applications are submitted.

Mr. Wayne Dempsey, Box 430, Port Carling, Ontario P0B 1J0 attended the meeting as builder for the applicant.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that they have 255 feet of straight-line frontage. Mr. Fahner stated that it could be a condition of approval to limit the height of a future boathouse.

In answer to Member Hare’s question, Mr. Fahner stated that Waterfront Density Committee have been discussing a height limit of 16 feet for a boathouse.

In answer to Member Thompson’s question, Ms. Ghikadis stated that there is no issue with setbacks. The lot coverage is 6.5% within the first 200 feet.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that the size of the garage is 550 square feet (ground floor).

In answer to Member Thompson’s question, Mr. Donald stated the dwelling and garage would be dealt with under the Building Code Act.

Mr. Chang apologized to his neighbours and to Committee.

Committee gave their support for the garage and added the restriction of a future boathouse not to be more than 16 feet in height and non-habitable.

Resolution Number CA-08-21/07/2004

Member Nishikawa – Member Thompson: Be it resolved that Application A-40/04, Colligan, to allow for the construction of a garage which will be 24.5 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved subject to limiting any boathouse to a maximum height of 16 feet and not contain a floor.

Carried.

Minutes – Committee of Adjustment – July 21, 2004, Page #10 Minutes – Committee of Adjustment – July 21, 2004

CONDITIONS: Any boathouse is limited to a maximum height of 16 feet and shall not contain a floor.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the garage is located behind the dwelling, is similar height as the dwelling, is not visible from the lake and the sleeping cabin will be located in the garage and not in a boathouse.

d. A-41/04/ML, Gold, Part of Lot 17, Concession 1, Lot 16, Plan 17, (Wood), 8-2- 052.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs of the property were circulated to Committee.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Cynthia McLelland Wilson • The Sparfels • Norman and Margaret McCrea • Mr. and Mrs. T. Nousiainen • Keith Watson • J. Wolochatiuk

Staff pointed out that Committee granted approval for a previous application for a screened porch to be 25 feet from the water and 10.9% lot coverage. Approval was given based on the porch being constructed on top of an existing deck. Staff noted that no tree removal has occurred. It is built on an existing deck and the shoreline dips in more than what was shown on the plot plan. Staff does not support anything over 10% lot coverage.

Mr. Frank Gold, 1956 Edenvale Crescent, Burlington, Ontario L7P 3L9 attended the meeting. Mr. Gold stated that the building plans submitted showed construction on the piers of the existing deck. They had not considered the additional measurement and apologized. Mr. Gold circulated photographs of the subject property to Committee.

No one attended the meeting in support of the application.

Mr. Robert Chatoff, RR 2, Box 218, Gravenhurst, Ontario P1P 1R2 attended the meeting in opposition to the application. Mr. Chatoff noted that he and the applicant share the common property line. He felt that if Committee approved the application it would set a precident, as all of the lots on Woodwinds Island are non-complying. He had calculated the proposal larger than applied for.

Minutes – Committee of Adjustment – July 21, 2004, Page #11 Minutes – Committee of Adjustment – July 21, 2004 In answer to Member Pryke’s question, Mr. Gold stated that they could move a wall to comply.

Member Nishikawa noted her concerns with the six foot sideyard setback. Ms. Ghikadis explained that the dwelling was constructed in 1968 and the previous By-law 65-7 required a five foot sideyard setback.

In answer to Member Thompson’s question, Ms. Ghikadis noted that staff did not measure the building but confirmed the front yard setback.

Mr. Gold stated that the issue of privacy is of not of concern to the neighbours.

Resolution Number CA-09-21/07/2004

Member Nishikawa – Member Ellis: Be it resolved that Application A-41/04, Gold, to allow for a recently constructed addition to be 17 feet from the high water mark and to allow for a lot coverage of 11% or 1,652 square feet, as shown on the plan attached tot eh notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the there is minimal impact on the lake, the addition is not visible from the lake, and was constructed on an existing deck. It was noted that a previous minor variance was granted for 10.9% lot coverage.

8. Correspondence

9. Unfinished Business

a. B/46/04/ML, Grafton, Lot 15, Concession 12, (Monck), 9-12-024. A verbal report was presented. The hearing was adjourned on June 9, 2004.

Mr. Fahner explained the history of the application. Staff had questioned the future use of the property.

Mr. Grafton, 1710 Falkenburg Road, RR #6, Bracebridge, Ontario P1L 1X4 attended the meeting. Mr. Grafton stated that they intend to put trees in along the side of the road. He noted that there have not been any objections to this.

In answer to Mr. Fahner’s question, Mr. Grafton stated that the peat operation would continue. Mr. Fahner stated that if the peat operation is to continue then the Township should re-visit the storage location.

Member Pryke commented that she had received complaints on this property. She was disappointed that it has not been buffered and noted concerns of the nutrient enrichment of the pond and suggested that the Township look into the Province’s requirement for a Nutrient Management Plan.

Minutes – Committee of Adjustment – July 21, 2004, Page #12 Minutes – Committee of Adjustment – July 21, 2004 In answer to Member Thompson’s question, Mr. Fahner stated that no letters of complaints have been received. The tree plantings have not been done to date, and the storage area for the peat has been changed.

Member Hare felt that the operation should be brought into compliance with the side plan.

Mr. Grafton stated that by pulling peat out of the bog, no nutrients are being released. He noted that it was the only location suitable for the placement of the storage area and he would plant more trees if Committee wishes.

In answer to Member Thompson’s question, Mr. Fahner stated that if Committee wishes a 51(26) agreement could be included in the decision.

Mr. Fahner suggested that the applicant submit a new revised plan.

Member Thompson offered her support.

Member Pryke agreed with the 51(26) agreement, a revised site plan be submitted showing appropriate setbacks, similar to gravel pits, and buffering. Committee concurred.

ADJOURNED.

10. New Business

11. Statistics

Mr. Fahner noted that staff has received approximately 80 applications for severance and 45 Minor Variance applications to date and questioned if Committee wishes to increase the applications numbers on the agenda. Committee felt that the agenda is satisfactory and that the number of applications heard not be increased.

12. Adjournment

Resolution Number: CA-10-21/07/2004

Member Ellis – Member Nishikawa: Be it resolved that the meeting adjourn at 12:40 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – July 21, 2004, Page #13 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, August 11, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa N. Donald - Development Services Coordinator Nancy Thompson Don Goltz Ian Wallace Stewart Martin

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated July 21, 2004, was attached to the agenda.

Resolution Number: CA-01-11/08/2004

Member Ellis – Member Grady: Be it resolved that the minutes dated July 21, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/71-74/85/86/04/ML, Seagram, Part of Fairylands Island, Lake Rosseau, Parts 3-6, Plan 35R-14360, Part 1, Plan 35R-8779, (Medora), 4-26-024-01/02/03. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic

Minutes – Committee of Adjustment – August 11, 2004, Page #1 Minutes – Committee of Adjustment – August 11, 2004 Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Letter from Thomas G. McCarthy. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that all of the lots conform and comply with the Official Plan and the zoning by-law. They are not changing any of the frontages. It is a change in lot lines only.

Mr. Edward Frowde Seagram, 178 East Degrassi Street, Toronto, Ontario M4M 2K8 attended the meeting. He noted that they are applying for the forest management program. They have over 80 acres of virgin forest and wish to protect the long-term health of the land and also keep it in the family.

No one else attended the meeting in support or in opposition to the application.

Committee had no questions.

Resolution Number: CA-02-11/08/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/71-74/85/86/04/ML , (Seagram), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan. 2. That an exemption to the zoning by-law is obtained in order to reflect the lot size on the newly configured lots. 3. That previous consent in broken.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

No new additional lots are being created. This is a change in lot lines only.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried.

Minutes – Committee of Adjustment – August 11, 2004, Page #2 Minutes – Committee of Adjustment – August 11, 2004

b. B/79/04/ML, Veater, Part of Lot 23, Concession 12, (Medora), 4-18-007. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Photographs were circulated to Committee.

Staff noted the provision in the Official Plan policies where lots may be severed to separate existing uses provided the minimum size of each lot complies to existing lot of record provisions. Both lots exceed those requirements. Staff recommended approval.

Ms. Diane Veater, Box 58, Minett, Ontario P0B 1M0 attended the meeting. Ms. Veater stated that they intend to sell the severed lot. They would relocate the lot line if Committee wishes due to the area required for the location of the septic system.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that Mr. Bos had recommended a change in the lot line configuration as a condition of consent.

Resolution Number: CA-03-11/08/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/79/04/ML, (Veater), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – August 11, 2004, Page #3 Minutes – Committee of Adjustment – August 11, 2004 5. That the severed and retained lot are provided with their own individual water and sewer services. 6. That the severed and retained lot be subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., as amended, respecting the location of wells on the property in relation to the District Road.

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.

This is a separation of existing uses.

Carried.

6. Hearing of Consent Applications

a. B75/76/04/ML, Thompson and Rostrevor (Muskoka) Holdings Inc., Part of Lots 31 and 32, Concession 11, (Watt), 2-25-066, 2-25-067. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

No one attended the meeting in support or in opposition to the application.

Committee had no questions.

Resolution Number: CA-04-11/08/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/75/04/ML, (Thompson), provided the following condition is fulfilled:

Minutes – Committee of Adjustment – August 11, 2004, Page #4 Minutes – Committee of Adjustment – August 11, 2004 1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

Resolution Number: CA-05-11/08/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/76/04/ML, (Rostrevor (Muskoka) Holdings Inc., provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. b. B/77/04/ML, Brockton Capital Corporation (formerly W.H. Young Holdings Limited), Part of Lots 26, 27 and 28, Concessions 11 and 12, (Watt), 2-26-024. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – August 11, 2004, Page #5 Minutes – Committee of Adjustment – August 11, 2004

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Letter from Lee, Roche & Kelly requesting the application be adjourned to address the District of Muskoka comments. A copy of the letter is attached.

No one attended the meeting in support or in opposition to the application.

Ms. Ghikadis added the applicant has been working with Pinestone Engineering regarding the location of a septic system and as of yesterday nothing has been finalized.

ADJOURNED

c. B/78/04/ML, Pallister, Part of Lot 14, Concession E, Part 1, Plan 35R-7347, (Medora), 6-18-002. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff noted that both of the lots exceed the zoning by-law requirements. However, the Official Plan limits one new lot per land holding. Staff found that one lot had been previously severed off the entire holding.

Staff inspected the property. The snowmobile trail runs along the northern property line. There is an existing driveway to the proposed lot. There are five houses on the other side of the road. It is a low-density rural area.

Mr. Jim Pallister, attended the meeting as the potential purchaser of the severed lot. Mr. Pallister stated that staff had confirmed the severance was possible and he has already purchased a pre-fabricated home.

No one else attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment – August 11, 2004, Page #6 Minutes – Committee of Adjustment – August 11, 2004 Mr. Fahner stated that the applicant had spoken with staff and at that time the severance potential was no problem but with further review on the file it was noted that there is a conflict with the Official Plan policies.

In answer to Member Martin’s question, Mr. Fahner stated that the proposal would require an Official Plan Amendment application. The fee for this application is $1000.00. Member Martin felt that a new lot should be created in this area.

Member Hare concurred with Member Martin. He felt the Township should do the Official Plan Amendment. Member Thompson also supported the new lot. Mr. Fahner stated that Committee has turned down other applications due to the Official Plan policies.

Committee agreed to adjourn the application so the applicant could discuss these issues with staff.

ADJOURNED d. B/80/04/ML, Wallace, Part of Laurie Island, Lake Joseph, Parts 1-3, Plan 35R- 17158, (Medora), 4-24-047. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. 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.

• James Goad, J. Lawrence Goad,

Ms. Ghikadis noted the proposed lots exceed the by-law requirements. As noted, this application was approved but deeds were never registered and the application lapsed. The District of Muskoka requires a fish habitat study. In 1995 when the original application was approved, the Ministry of Natural Resources (MNR) did not comment at that time.

Mr. Bob Thaler, OLS, 8-A Ontario Street, Bracebridge, Ontario P1L 2A7 attended the meeting as agent to answer any questions.

No one attended the meeting in support of or in opposition to the application.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that if this were a new application, then staff would recommend the fish habitat be completed. She noted that it is difficult because the MNR did not originally comment on this.

Mr. Thaler stated that the applicant would prefer not to do the study.

Minutes – Committee of Adjustment – August 11, 2004, Page #7 Minutes – Committee of Adjustment – August 11, 2004 Member Nishikawa commented that the applicants would have to go through MNR or Department of Fisheries for approval for any shoreline structures. Mr. Fahner stated that they have a dock. Normally staff does not require a study to be completed if it is on only a portion of the frontage is fish habitat, but in this case it is across the entire frontage.

Resolution Number: CA-06-11/08/2004

Member Wallace – Member Thompson: Be it resolved that Consent be granted for Application B/76/04/ML, (Rostrevor (Muskoka) Holdings Inc., provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. e. B/81/82/83/04/ML, Hermant, Part of Lots 21 and 22, Concession E, Parts 32-36, Plan 35R-16399, (Medora), 6-22-027, 6-22-026. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted the lots comply with the zoning by-law. There are good building sites. It is heavily treed and gently sloping. It was noted that there are two existing tile beds and the proposed lot line will separate these.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that

Minutes – Committee of Adjustment – August 11, 2004, Page #8 Minutes – Committee of Adjustment – August 11, 2004 Pinestone Engineering attended the site with Sandy Bos. They agreed on the proposed lot line that places each system on each lot.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Pryke’s question, Ms. Ghikadis stated that all of our records indicate that the road allowance is closed. Ms. Walton stated that Mr. Fitton has confirmed that it is closed and conveyed.

Resolution Number: CA-07-11/08/2004

Member Wallace – Member Thompson: Be it resolved that Consent be granted for Application B/81/82/83/04/ML, (Hermant), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots (Including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 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.

Carried.

f. B/84/04/ML, Devens, Part of Lots 32 and 33, Concession 13, Part 1, Plan 35R- 5150, 4-16-017-01. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – August 11, 2004, Page #9 Minutes – Committee of Adjustment – August 11, 2004 ii) Letters received from the following people. Ms. Ghikadis read the letter aloud, a copy of which is attached.

• Joanne Ferguson and Susan E. Taylor

Staff noted that the zoning on the proposed severed lot (OS2) would not be changing regardless of the ownership.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant.

Mr. John Harkness, 1602 Judhaven Road, 36 Mayfair Crescent, Hamilton, Ontario L8S 4E7 attended the meeting with concerns of the future use of the property, He noted that there had been rumours that the owner of 1523 Judhaven is going to raise llama’s.

No one else attended the meeting in support of or in opposition to the application.

Ms. Walton stated that she was not aware of any llama farm.

Resolution Number: CA-08-11/08/2004

Member Thompson – Member Wallace: Be it resolved that Consent be granted for Application B/84/04/ML, (Devens), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lots (Including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

No new additional lots are being created. This is a change in lot lines only.

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried.

Minutes – Committee of Adjustment – August 11, 2004, Page #10 Minutes – Committee of Adjustment – August 11, 2004 g. B/87/04/ML, Gass, Part of Lot 30, Concession 5, Part Lot 30, Plan M-13, (Port Carling), 5-5-005. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.

Mr. Gass attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-09-11/08/2004

Member Wallace – Member Martin: Be it resolved that Consent be granted for Application B/87/04/ML, (Gass), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

Minutes – Committee of Adjustment – August 11, 2004, Page #11 Minutes – Committee of Adjustment – August 11, 2004 7. Hearing of Minor Variance Applications

a. A-44/04, Oatley, Part of Cameron Island, Lake Joseph, Parts 3, lan 35R-18611, (Medora), 4-25-029-12. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud. Copies of these letters are attached.

• Manson C. and Anne Alford Surdane • Pardoe, Ivey, Drew-Eaton, Cape • Sherry and Edward Drew • A. Margarite Coleman • Martha V. More • David Pardoe • John Grand • George Booth and Family • Robin Miller • Richard W. Ivey • Jacques Demers • Timothy Chisolm

Staff noted the history of the building permit application. On July 8, 2004 an inspection revealed an issue with the length of the boathouse and a subsequent application was submitted on July 12th, 2004. The application is difficult for staff as Committee must look at it as if the boathouse was not there and if it could be constructed to comply. The impact is mitigated by: the large property, it is not close to neighbours, only the 16 ft. x 16 ft. portion is in question, and the colour of the structure is dark. If Committee chooses to approve the application the length should be confirmed.

Photographs were circulated to Committee.

In answer to Member Pryke’s question, Mr. Fahner stated that this application must only be considered on the basis of its planning merit.

Ms. Marie Poirier, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for the applicant. She circulated photographs to Committee. She discussed the Planning merits of the application being the architectural design and the colour of the boathouse. She noted that it blends in with the environment and the impacts of shoreline development are mitigated by the amount of frontage that they have.

Ms. Hope Thompson, 8 Englewood Drive, Toronto, Ontario, M4T 1G8 attended the meeting in opposition to the application. She noted that her family looks directly across to the proposed boathouse. Ms. Thompson circulated and reviewed photographs to Committee. She felt the proposed boathouse is too large and imposing. It would have a negative impact, would be precedent setting and if it were not built they would have rejected it from the start. She also noted concerns regarding lighting and noise and strongly urged Committee to deny the

Minutes – Committee of Adjustment – August 11, 2004, Page #12 Minutes – Committee of Adjustment – August 11, 2004 application.

Ms. Jennifer Booth, 112 Mercer Street, Toronto, Ontario M5V 1H3 attended the meeting in opposition to the application. Ms. Booth concurred with Ms. Thompson. She circulated photographs to Committee.

Mr. John Shaw attended the meeting on behalf of the Muskoka Lake Association (MLA) in opposition to the application. Mr. Shaw read a letter aloud signed by John Curran, President of the MLA. A copy of the letter is attached.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting in opposition to the application. Ms. Walton stated that the application does not conform, is not good planning and fails the entire criterion for a minor variance. There is impact on neighbours, and the Township has no authority to enforce colour. She urged Committee to uphold the by-law.

In answer to Member Nishikawa’s question, Mr. Donald stated that the upper floor of the boathouse does not exceed 650 square feet.

Committee discussed the building permit. Mr. Donald stated that he signed the building permit. An error was noted and it was, therefore, revoked. Another building permit was issued showing the dimensions being a 40 foot x 42 foot boathouse.

Ms. Poirier stated that lighting is not part of the application and they are aware of the dark skies issue and the proposed boathouse will blend in with the environment.

In answer to Member Nishikawa’s question, Mr. Fahner stated that frontage coverage is 5%.

Ms. Catherine Knight attended the meeting as agent for the applicant. Ms. Knight stated that they have no intensions of being disruptive and it was difficult to listen to the accusations. She noted this part of the boathouse is critical to get relief from the sun.

Member Pryke could not vote, as she was not present during the entire hearing.

Resolution Number CA-11-11/08/2004

Member Martin – Member Wallace: Be it resolved that Application A-44/04, Oatley, to allow a two storey boathouse to extend 65 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

Minutes – Committee of Adjustment – August 11, 2004, Page #13 Minutes – Committee of Adjustment – August 11, 2004

b. A-45/04, Cameron, Part of Lots 21 and 22, Concession 9, Part 1, Plan 35R-8396, (Medora), 4-14-011. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

A letter of concern was received from Tom and Carole Martin. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff stated that the dock on a survey dated 1982 has a length of 108 feet. The application shows the docks being 161 feet long. Staff is not sure when the dock extension was added. The application indicates that at 50 feet out, the water depth is 1’3”. At the proposed 70 feet, the water depth is 1’10”. Staff noted other shoreline structures in the bay (Cedar Rail Resort). With respect to water depth, staff does support longer docks but recommends boathouses comply, especially two storey boathouses.

Mr. Jerry Wallace, 33 Delisle Avenue, Suite 508, Toronto, Ontario M4V 3C7 attended the meeting. Mr. Wallace circulated photographs of the shoreline and the bay to Committee.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Hare’s question, Mr. Wallace stated they had not considered a change in the design to be 16 feet in height.

In answer to Member Wallace’s question, Mr. Wallace stated he had no intensions on dredging the water.

Mr. Paul Donaldson, RR 3, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Donaldson stated that this is shallow water and the boathouse will not protrude as much as the neighbouring shoreline structures. He could consider bringing the length of the dock in 21 feet.

Resolution Number CA-12/08/2004

Member Wallace – Member Martin: Be it resolved that Application A-45/04, Cameron, to allow for the construction of a two storey boathouse which will extend 70 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

Minutes – Committee of Adjustment – August 11, 2004, Page #14 Minutes – Committee of Adjustment – August 11, 2004 Committee felt that a two storey boathouse 70 feet from the high water mark would have a visual impact on the waterfront

8. Correspondence

9. Unfinished Business

a. B/67/69/04/ML, Hollingsworth, Part of Lot 39, Concession 5, Part 1-12, Plan 35R- 8739, (Port Carling), 5-5-004. This hearing was adjourned at the hearing held on July 21, 2004. A verbal report was presented.

The applicant’s agent had requested a deferral of this application on July 21, 2004 to deal with the legal right-of-way that involves the Gass family. Refer to item 6.b. of the July 21, 2004 minutes.

Members Martin and Wallace were not present during the original presentation and could not vote on this matter.

Resolution Number: CA-10-11/08/2004

Member Thompson – Member Nishikawa: Be it resolved that Consent be granted for Application B/67/69/04/ML, (Hollingsworth), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

10. New Business

Staff noted that the agendas for September 2nd and 23rd are full. Staff is now looking at applications for October 14th meeting and sought Committee’s direction. Committee was content to deal with the applications as submitted by scheduling 10 applications per meeting.

11. Statistics

Minutes – Committee of Adjustment – August 11, 2004, Page #15 Minutes – Committee of Adjustment – August 11, 2004

12. Adjournment

Resolution Number: CA-13-11/08/2004

Member Ellis – Member Hare: Be it resolved that the meeting adjourn at 12:15 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – August 11, 2004, Page #16 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, September 1, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa Don Goltz Ian Wallace Stewart Martin

Regrets: Nancy Thompson

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated August 11, 2004, is attached.

Resolution Number: CA-01-01/09/2004

Member Ellis – Member Grady: Be it resolved that the minutes dated August 11, 2004 be adopted and approved as amended.

Carried.

4. Delegations

a. Mrs. Margaret Walton attended the meeting re: Item 8.a., Correspondence, Gesualdi.

b. Mr. and Mrs. Gillies and others attended the meeting re: Item 9.a., Unfinished Business, Gillies.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/90/91/04/ML, Burgess, Part of Burgess Island, Lake Joseph, (Medora), 4-24- 035. A copy of the report was attached to the agenda.

Minutes – Committee of Adjustment – September 1, 2004, Page #1 Minutes – Committee of Adjustment – September 1, 2004 Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Staff noted that it does conform with the Official Plan. Staff inspected property. The island is heavily treed and excellent building and septic sites exist.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Grimmett stated that they would complete a fish habitat study if necessary and agreed with site plan control.

Mr. Bruce Burgess attended the meeting.

In answer to Member Pryke’s question, Mr. Fahner stated that the District’s concern with fish habitat is on the severed lot that contains the existing development. In staff’s opinion, a study is not needed.

In answer to Member Grady’s question, Mr. Fahner stated that if the property were rezoned it would allow for additional future lots. An exemption to the by-law would allow the lots that were applied for.

In answer to Member Martin’s question, Ms. Ghikadis stated that the boathouse to the west is a small two slip single storey and to the east is a larger two storey boathouse. The by-law does not limit boathouses provided frontage coverage does not exceed the requirements.

Resolution Number: CA-02-01/09/2004

Member Ellis – Member Hare: Be it resolved that Consent be granted for Application B/90/91/04/ML, (Burgess), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lot s are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lots, or the entire lands, whichever is less. 4. 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.

Minutes – Committee of Adjustment – September 1, 2004, Page #2 Minutes – Committee of Adjustment – September 1, 2004 5. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and area. 6. That mainland access be confirmed.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

6. Hearing of Consent Applications

a. B/92/04/ML, Martin, Part of Lot 30, Concession 1, (Medora), 4-21-005. 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 15 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) Letter received from Earl and Francis Barr. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Photographs of the property were circulated to Committee.

Staff noted concerns regarding access to the proposed lot and the wetlands. It was also noted that a site-specific building envelope could be defined.

Mr. Steven Curry, RR #3, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Curry stated that they wish to construct a dwelling, protect the wetland and they do not want to stop the stream flow to the Barr property. They intend to construct a dwelling near the tree line.

Member Pryke questioned if silt fencing and construction mitigation could be imposed. Mr. Fahner stated that this could be done through a brief site evaluation report by a qualified person.

Minutes – Committee of Adjustment – September 1, 2004, Page #3 Minutes – Committee of Adjustment – September 1, 2004

In answer to Member Pryke’s question, Mr. Curry stated that the unusual shape of the lot is because only one new lot could be created or an Official Plan Amendment would have to be completed.

Resolution Number: CA-03-01/09/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/92/04/ML, (Martin), 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. Confirmation that the Township is satisfied that the severed and retained lot s are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 4. A portion of the subject lands be rezoned to reflect the proposed building area. 5. That additional information about the driveway access be submitted to ensure that the features or functions of the wetland/watercourse are not negatively impacted.

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.

Carried.

7. Hearing of Minor Variance Applications

a. A-42/04, Powell, Part of Lot 24, Concession D, Lot 5, Plan 41, (Medora), 4-18- 012. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – September 1, 2004, Page #4 Minutes – Committee of Adjustment – September 1, 2004 Notice of the Hearing was circulated 12 days prior.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud. Copies of the letters are attached.

- Thomas K.J. Miller - Steven and Terriel Bulgin

Staff noted that the shed is constructed and is less than 20 feet in height. The by- law permits accessory structures to be 20 feet in height. There is very little tree buffering, and staff suggested that a surveyor confirm the setback. There are other areas on the property where it could have been located. It was noted that there are no Ontario Building Code requirements for a structure under 106 square feet but they have to comply with the requirements of the by-law.

Photographs of the property were circulated to Committee.

Mr. Ron Powell, Box 65, Minett, Ontario P0B 1G0 attended the meeting. Mr. Powell circulated photographs to Committee.

No one attended the meeting in support of the application.

Mr. Tom Miller, 1055 Bruce Lake Drive, Minett, Ontario P0B 1G0 attended the meeting in opposition to the application. Mr. Miller noted that he never gave his approval for the location of this shed and noted there are other locations on the property for this shed.

In answer to Member Nishikawa’s question, Mr. Fahner stated there are no fencing rules.

In answer to Member Pryke’s question, Mr. Fahner stated the shed on the Millers property was constructed prior to By-law 87-87. In By-law 65-7 the setback was five feet.

In answer to Member Wallace’s question, Mr. Powell stated that the shed is on concrete blocks and could be moved if necessary.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that the by-law permits trailers to be stored on a property. Mr. Powell stated that they have a motor home they use in the winter. Mr. Fahner added that there are setback requirements for storing trailers.

Committee could not support the shed in that location and felt that it could comply.

Resolution Number CA-04- 01/09/2004

Member Ellis – Member Grady: Be it resolved that Application A- 42/04, Powell, to allow a shed to be located 2 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

Minutes – Committee of Adjustment – September 1, 2004, Page #5 Minutes – Committee of Adjustment – September 1, 2004 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, or the intent of the Official Plan. The Committee felt that there is ample area on the lot where the shed could be located to comply.

b. A-43/04, Fowler, Part of Lot 8, Concession 7, Lot 29, Plan M-377, (Medora), 4-4- 031. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs of the property were circulated to Committee.

No submissions were received.

Staff inspected the property on August 31, 2004. The deck exists and Committee should look at it as if it is not there. It is moving closer to the water due to the shape of the shoreline. There is some tree cover directly in front of the dwelling. There is good tree cover in front of the proposed addition and excellent tree cover down the sides. The proposed addition maintains the existing building line and there is no impact to the neighbours. It was noted that an expansion on the back of the dwelling would be difficult due to the terrain.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-05-01/09/2004

Member Ellis – Member Grady: Be it resolve that Application A- 43/04, Fowler, to allow a deck (constructed in 1999) to be 22 feet from the high water mark and to allow for the construction of an addition to the exiting dwelling which is to be located 32 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment – September 1, 2004, Page #6 Minutes – Committee of Adjustment – September 1, 2004 c. A-46/04, Love, Part of Lot 28, Concession 12, (Monck), 9-13-077. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that based on the application submitted, there is 955 square feet in the second storey of the boathouse. According to staff’s calculation the application was circulated at 1267 square feet. Staff could not support a sleeping cabin more than 650 square feet in floor area.

Mr. Jon Love, 93 Dunvegan Road, Toronto, Ontario M4V 2P8 attended the meeting. Mr. Love reviewed photographs and architectural drawings with Committee. Mr. Love clarified that the second floor is 955 square feet. They have over 1200 feet of frontage. The existing boathouse is legal non-complying. They are tucking the boathouse further into the point, the existing height is 26 feet, the proposed height is 25 feet, 83 feet in width will go down to 75 feet in width, the kitchen will be removed, and the existing sleeping cabin of 1150 square feet will be reduced to 955 square feet.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Pryke’s question, Ms. Ghikadis noted that staff did detailed calculations and went with the worst case scenario for circulation.

Mr. Fahner added that Mr. Love had a previous application to rebuild the same boathouse and was denied. He has attempted to reduce it and get closer to the by-law. Mr. Fahner noted that he could repair it to a safe condition if it is damaged.

Resolution Number CA-06-01/09/2004

Member Ellis– Member Grady: Be it resolved that Application A- 46/04, Love, to allow for the construction of a two storey boathouse in which the second floor is to be used as a sleeping cabin and will have 955 square feet in floor area, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment – September 1, 2004, Page #7 Minutes – Committee of Adjustment – September 1, 2004 d. A-47/04, Barr, Part of Lot 31, Concession 2, Lot 2, Plan 13, Part 1, Plan 35R- 9953, (Watt), 2-7-044. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted that Brandy Lake has more restrictive requirements due to water quality concerns. Mr. Sandy Bos, Building Inspector, had attended the site at staff’s request and confirmed that a garage in the proposed location is the only suitable location for the septic due to the shape, drainage, and soil types. The existing dwelling is a small modest single storey on piers. In 1992, a previous by- law approval was granted permitting the dwelling to be expanded to 750 square feet. There is good tree cover along the side that will buffer from neighbours. The existing dwelling is visible from the water due to bedrock. The proposed dwelling is further back than the existing but will dominate due to the bedrock and the limited opportunity for tree planting.

Mr. James Barr attended the meeting. He circulated photographs to Committee. He noted that they are limited to the placement of the dwelling due to the septic sites. They had tried different combinations and felt that the proposed is the only location that is suitable.

No one attended the meeting in support of the application.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting in opposition to the application on behalf of Mr. Charles Fuller. Mr. Grimmett felt that the application is not minor in nature. The majority of cottages on the lake are setback 50 feet, and some are at 100 feet or more. He felt that Committee should consider a smaller variance to the by-law. He noted his concerns regarding road maintenance on Scout Trail. Photographs were circulated to Committee. Mr. Grimmett stated that the shed in front of the cottage appears to be a sleeping cabin that was not shown on the plan.

In answer to Member Pryke’s question, Mr. Barr stated that they are not considering the garage due to the septic issues. They intend to do some tree removal and will replant. He also noted that all of the buildings would be removed.

In answer to Member Nishikawa’s question, Mr. Barr stated that the deck in front of the proposed dwelling is open.

Mr. Barr added that most of the septic systems in the area are located on the lakeside and theirs will be located further from the lake. He also noted they will restore the road to the pre-construction conditions.

Minutes – Committee of Adjustment – September 1, 2004, Page #8 Minutes – Committee of Adjustment – September 1, 2004 Resolution Number CA-07-01/09/2004

Member Ellis – Member Grady: Be it resolved that Application A- 47/04, Barr, to allow for the construction of a new dwelling that is to be located 49 feet from the high water mark as shown on the plan attached to the Notice of Decision, is hereby granted. Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, it is an improvement to the existing, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that there are physical restraints that restrict the location of the dwelling due to the septic system.

e. A-48/04, Hornibrook, Part of Lot 28, Concession 13, (Watt), 2-26-073. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

A letter was received from Tom Bunker, OLS. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff visited the property on August 27, 2004. The property contains a modest one storey dwelling, a single slip, single storey boathouse, and a shed which houses a single bedroom. Due to the nature of the shoreline, the actual frontage is 240 feet. The proposed dock/boathouse is to be moved farther away from the easterly lot line. A neighbouring dock on the property to the east touches the projected side lot line. To the west, the neighbours have a boat port approximately 150 to 200 feet from the proposed structure and cannot be seen from the existing boathouse. The dwellings on either side of the subject property are oriented away from this property. If Committee wishes to approve the application, staff recommended that all shoreline structures be removed and the bedroom be removed from the shed

Mr. Bob List, List Planning, 103 Southbank Drive, Bracebridge, Ontairo P1L 1G3 attended the meeting as agent for the applicant. Mr. List stated that they will remove all structures and the bedroom in the shed will be converted back to a shed. The first storey of the boathouse is 1344 square feet. The second storey of the boathouse would be 650 square feet and is less than 25 feet in height. The dock projects out 62 feet and the boathouse is 42 feet from the shoreline. The proposed is modest in size, will be green in colour, and fits in with the environment. There is a small floating dock 10 feet x 15 feet that will have to be removed. The entire front of the property is heavily treed except for the rock at the front. The impact of the proposed will be negligible to the neighbours and it is minor in nature. The applicants are currently storing marine equipment outside and there is no fisheries impact.

No one attended the meeting in support of the application.

Minutes – Committee of Adjustment – September 1, 2004, Page #9 Minutes – Committee of Adjustment – September 1, 2004 Mr. Jim McNiven, 24 McNiven Road, Ancaster, Ontario L9G 3S7 attended the meeting with concerns of lot coverage calculations.

Mr. Fahner stated that in terms of the by-law, lot area calculations do not include the Original Shore Road Allowance (ORSA) if it is not closed but lot coverage calculation includes the ORSA whether they are open or closed.

In answer to Member Hare’s question and concern, Mr. List stated that the total lot coverage based on the by-law is 9.98%. The drawings are draft and have to meet the requirements of the by-law. Any covered deck enclosed must be included in 650 sq ft. and it will not contain a stove.

In answer to Member Nishikawa’s question, Mr. McNiven stated that the proposed boathouse would have an impact on his privacy.

Mr. Hornibrook stated that the orientation of decking is not overlooking the neighbouring property. This was situated to lessen the impact to any neighbours.

Resolution Number CA-08-01/09/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-48/04, Hornibrook, to allow for the construction of a two storey boathouse on a lot that has 193 feet of frontage, as shown on the plan attached to the Notice of Decision, hereby denied.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, does not maintains the intent of Comprehensive Zoning By-law 87-87, as amended, or the intent of the Official Plan. The Committee felt that a two storey boathouse is excessive on the lot, would have a visual impact on the waterfront and impacts neighbouring properties.

f. A-49/04, Elia, Part of Lot 31, Concession D, Parts 1 and 2, Plan 35R-17936, (Medora), 4-22-018. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Photographs of the property were circulated to Committee.

Staff inspected the property on August 31, 2004. The proposed is no closer than existing. The portion of the dwelling that has been removed will be reconstructed in the same location. There will be no tree removal required.

Minutes – Committee of Adjustment – September 1, 2004, Page #10 Minutes – Committee of Adjustment – September 1, 2004

Mr. Paul Elia, 68 Hazelton Avenue, Toronto, Ontario M5R 2E2 attended the meeting. Mr. Elia indicated that he had spoken with his neighbours who are pleased that it is being fixed up. Letters of support were submitted. Copies of these letters are attached.

In answer to Member Goltz’ question, Mr. Elia stated that he has obtained a building permit for all of the new construction and only the games room requires a minor variance to the front yard setback.

Resolution Number CA-09-01/09/2004

Member Martin – Member Wallace: Be it resolved that Application A-49/04, Elia, to allow for the construction of an addition to the existing dwelling that is to be located 20 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

g. A-50/04, Cordick, Part of Lot 31, Concession 5, Part Lot 29 and Lot 30, Plan M- 13, (Port Carling), 5-5-006. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud. Copies of the letters are attached.

Joan Gass Donna Milligan

Photographs of the property were circulated to Committee.

Staff inspected the property on August 30, 2004. The application was circulated at a worst-case scenario due to the portion of the eaves that may cross the projected lot line. This may not be required or be less than what was circulated. The existing boathouse projects out into the water less than 50 feet. The subject boathouse is further out than the neighbours. To the east the closest shoreline is 100 feet away. The applicant has indicated that the reason for the additional length is due to the fisheries concerns.

Minutes – Committee of Adjustment – September 1, 2004, Page #11 Minutes – Committee of Adjustment – September 1, 2004

Mr. Richard Cordick, 22 St. Phillips Road, Etobicoke, Ontario M9P 2N6 attended the meeting. Mr. Cordick stated that they have been here for over 32 years and the design is in keeping with the area. Mr. Cordick stated that they are working with the existing docks. He noted that the Department of Fisheries and Oceans had concern with fish spawning area and suggested a longer dock. He noted that the proposal would be a pleasing structure on the shoreline.

No one attended the meeting in support of or in opposition to the application. In answer to Member Hare’s question, Mr. Cordick stated the existing docks were constructed circa 1940 and has been re-decked since.

Mr. Greg Sweeney, Box 460, Port Carling, Ontario P0B 1J0 attended the meeting as the builder for the applicant. Mr. Sweeney stated that the boathouse could be brought in further but there would be significant costs to the applicant and the cribs would have to be re-established.

Mr. Bill Barber, Box 234, Port Carling, Ontario P0B 1J0 attended the meeting as the designer of the boathouse. Mr. Barber indicated that the cantilever will not take the weight of the building and the proposed design is the best fit.

Resolution Number CA-10-01/09/2004

Member Wallace – Member Martin: Be it resolved that Application A-50/04, Cordick, to allow for the construction of a two storey boathouse which will extend 56 feet from the high water mark and to allow a portion of the second storey dormer to be located 28 feet from the projected side lot line (at the closest point), as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

h. A-51/04, Cowan, Part of Lot 17, Concession 3, Parts 4 and 5, Plan BR-59, (Wood), 8-5-077. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Staff inspected the property on August 31, 2004. The gazebo, although not requiring a building permit, must comply with the zoning by-law. The zoning by- law only permits docks and boathouses over the water. The gazebo is open sided, it consists of a roof on four steel posts. It is located at the rear of the dock and is far less obtrusive than a boathouse. It has no visual impact on neighbouring properties and is over 200 feet from any neighbouring shoreline structures. If this were on land, it would have been permitted at the water’s edge. Staff had no objection to the application.

Minutes – Committee of Adjustment – September 1, 2004, Page #12 Minutes – Committee of Adjustment – September 1, 2004

Mr. John Cowan, Suite 110, 115 First Street, Collingwood, Ontario L9Y 4W3 attended the meeting. Mr. Cowan stated that the neighbours had offered their support.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-11-01/09/2004

Member Martin – Member Wallace: Be it resolved that Application A-51/04, Cowan, to allow a gazebo to the located on an existing dock, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

a. Letter from Mrs. Margaret Walton, Planning Consultant, re: Condition of Consent, B/47/04/ML, Gesualdi, Part of Lot 11, Concession 8, (Medora), 4-24- 019. A copy of the letter was attached to the agenda.

Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Doyle requested that Committee remove condition #5 of their decision due to the historical merit of the boathouse and sleeping cabin. Photographs of the structures were circulated to Committee. A Muskoka boathouse book was circulated to Committee showing these structures. Ms. Doyle noted that a letter of support was submitted from Nancy Muse. She noted that this is good planning and the subject lot is very large and can accommodate both uses.

Mr. Gesualdi attended the meeting.

In answer to Member Ellis’ question, Mr. Gesualdi stated that he did not attend the meeting and was not aware of this condition until after the fact.

Member Wallace indicated that the Heritage Committee would like this left as is.

Member Pryke commented that she knows the property well and stated that the room on the second storey of the boathouse is open and is used for recreation only.

In answer to Member Nishikawa’s question, Mr. Gesualdi stated that the severance was strictly for estate purposes.

Minutes – Committee of Adjustment – September 1, 2004, Page #13 Minutes – Committee of Adjustment – September 1, 2004

Resolution Number: CA-12-01/09/2004

Member Nishikawa – Member Wallace: Be it resolved that The decision of the Committee of Adjustment dated June 30, 2004, for Application B/47/04/ML, (Gesualdi), is hereby amended:

Condition Number #5 is deleted and is not required.

EXPLANATION OF CHANGES: It was the consensus of the Committee that the cabin could remain due to its current and historic use and due to the size of the property.

Carried.

b. Letter from Mr. Grafton re: B/46/04/ML, Part of Lot 15, Concession, 12, (Monck), 9-12-024.

Mr. Fahner informed Committee that the applicant has withdrawn his application.

9. Unfinished Business

a. B/22/23/24/04/ML, Gillies, Part of Lots 11 and 12, Concession 9, (Watt), 2-15- 079. The hearing was adjourned on April 28, 2004. A verbal report was presented. A copy the letter and sketches are attached to the agenda.

Ms. Ghikadis explained the history of the application. There are two components to the application; the creation of a waterfront lot, and staff had recommended approval subject to conditions; the second component is the right-of-way in favour of the Lambert and Grueneko properties. The Committee adjourned the application to obtain further information regarding drainage, confirmation of the deeded r-o-w, and a survey showing the lands. Subsequently the Gillies submitted a letter (a copy of the letter was attached to the agenda).

Photographs of the property were circulated to Committee.

Ms. Barb Gillies attended the meeting.

Mr. Wayne Simpson, Wayne Simpson & Associates, 11 Centre Street S., Ste 102, Huntsville, Ontario P1H 1W4 attended the meeting in opposition to the application on behalf of Tracey and Shayne Hammell. Mr. Simpson noted his concerns regarding the right-of-way and obligations to maintain the existing right- of-way, privacy issues, associated contingent liability issues and drainage problems. Mr. Simpson submitted a letter from Chris Ireland. A copy of which is attached. He also noted that there could be a potential conflict for the snowmobile trail.

Mr. George Grunenko, 4 Humber Trail, Toronto, Ontario M6S 4B9 attended the meeting in opposition to the application. Mr. Grunenko stated that he currently has an easement over the property for 42 years and does not want a different right-of-way.

Minutes – Committee of Adjustment – September 1, 2004, Page #14 Minutes – Committee of Adjustment – September 1, 2004 Mr. Earl Lambert, 55 Esther Ann Drive, Orillia, Ontario L3V 3G8 attended the meeting in opposition to the application. Mr. Lambert concurred with Mr. Grunenko. He noted his concerns with liability of the property, property values and his right-of-way was constructed in 1964.

Mr. Ray Freeland, Box 797, Tottenham, Ontario L0G 1W0 attended the meeting with concerns to the environment and septic concerns.

In answer to Member Pryke’s question, Mr. Fahner stated that the severed lot exceeds the requirements of the by-law. The property is subject to site plan control and Committee could require sediment control if they wish although it is not a large watercourse. With regards to the right of way, he noted that the people that use it do not want it changed. Rights-of-way are normally moved away from the water for access behind properties. This could be feasible because it is open vacant land.

In answer to Member Hare’s question, Mr. Fahner stated that rights-of-way can not be closed without permission.

In answer to Member Nishikawa’s question, Mr. Fahner stated that Three Mile Lake is not at capacity.

Ms. Gillies stated that in the future they wish to extinguish the right of way in between the Hammel property and theirs for safety reasons.

Ms. Barbara Thompson, R R #2, Tottenham, Ontario L0G 1W0 attended the meeting in opposition to the application.

Mr. John Dowdell, 250 Fernwood Drive, Gravenhurst, Ontario P1P 1P5 attended the meeting with concerns to the applications.

After a brief discussion, Committee concurred to deciding on application (B/22/04/ML) for the severed lot with a right-of-way only.

Resolution Number: CA-13-01/09/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/22/04/ML , (Gillies), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – September 1, 2004, Page #15 Minutes – Committee of Adjustment – September 1, 2004 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.

Carried.

Mr. Fahner commented that the applicant should submit a new drawing showing the new right-of-way.

10. New Business

Staff is now looking at applications for November. Committee discussed the volume of applications and agreed that it should not be increased on the agenda.

11. Statistics

12. Adjournment

Resolution Number: CA-14-01/09/2004

Member Nishikawa – Member Wallace: Be it resolved that the meeting adjourn at 2:48 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – September 1, 2004, Page #16 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Wednesday, September 23, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa Don Goltz Ian Wallace Stewart Martin Nancy Thompson

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated September 1, 2004, is attached.

Resolution Number: CA-01-23/09/2004

Member Martin – Member Pryke: Be it resolved that the minutes dated September 1, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

b. Ms. Christy Doyle attended the meeting re: Item 9.a., Unfinished Business, Estate of LeMesurier.

c. Ms. Christy Doyle attended the meeting re: Item 9.b., Unfinished Business, Estate of Hermant.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. Nil.

Minutes – Committee of Adjustment – September 23, 2004, Page #1 Minutes – Committee of Adjustment – September 23, 2004

6. Hearing of Consent Applications

a. B/88/04/ML, Trapman, Part of Lot 15, Concession 7, Part 4, Plan RD-2068, (Medora), 4-10-078. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that the proposed severed lot complies with the zoning by-law. The (– 7) zoning reflects deer habitat and is subject to site plan control. This should satisfy the District’s concerns. Staff also noted that the Official Plan requires minimum lot area on Lake Joseph to be two acres and the proposed severed lot area does not comply with this requirement. The entire amount of shoreline structures on retained lot appears to exceed 75 feet. This is over what is permitted and staff would like to see this reduced.

Photographs were circulated to Committee.

Dr. John Trapman, 31 Firglen Ridge, Woodbridge, Ontario L4L 1N3 attended the meeting.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Nishikawa’s questions, Dr. Trapman pointed out the placement of the existing docks and boathouse on the map. Staff requested that the applicant confirm frontage coverage on the proposed retained lot. Dr. Trapman indicated it was approximately 75 feet.

In answer to Member Thompson’s question, Ms. Ghikadis stated that the drawing was submitted with 1.5 acres to accommodate the existing driveway and existing development. Dr. Trapman noted there are physical constraints.

Ms. Ghikadis added that there are good building and septic sites on the proposed severed lot.

Resolution Number: CA-02-23/09/2004

Member Pryke – Member Martin: Be it resolved that Consent be granted for Application B/88/04/ML, (Trapman), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – September 23, 2004, Page #2 Minutes – Committee of Adjustment – September 23, 2004 and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less.

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.

Carried.

b. B/89/04/ML, Davidovitz, Part of Lots 2 and 3, Concession F, Parts 1-3, Plan 35R- 8407, (Medora), 6-12-002. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Letters were received from the following. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Helen and Gord Locklin • Gord Locklin

Staff noted that the proposed lots comply with the zoning by-law and Official Plan policies. There are no development constraints.

The subject property was inspected. The property is flat and level, however, there is a wetland area across the front of the proposed severed lot and staff suggested that the lot line be adjusted for access to the water and increase the front yard setback to 100 feet.

Minutes – Committee of Adjustment – September 23, 2004, Page #3 Minutes – Committee of Adjustment – September 23, 2004 Mr. Gord Locklin Sr., 690 Mary Street, Gravenhurst, Ontario P1P 1E5 attended the meeting in opposition to the application on behalf of his son. He noted concerns regarding the wetland, and access to the laneway.

Member Goltz requested the application be tabled so the lot line adjustment and fish habitat could be addressed.

In answer to Member Grady’s question, Ms. Ghikadis stated that she had spoke with Judi Brouse, District of Muskoka, regarding water quality and there is no development capacity limit on this lake.

In answer to Member Thompson’s question, Ms. Ghikadis stated there are no marinas on Sawyer Lake but there is a road allowance located south of the subject property. There is a small deck located near the water on the proposed retained lot. The cottage is very modest and there are no issues with lot coverage. With regards to access, staff would need to confer with Mr. Troup, Roads Superintendent.

Mr. Fahner confirmed the applicant had submitted a letter of request to adjourn the application.

ADJOURNED.

c. B/93/94/04/ML, Dunn, Part of Lots 10, 11 and 12, Concession 7, (Medora), 4-3- 001, 4-2-026. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted that the traveled road exists. The Kupkas use this road and realized they did not have a legal right-of-way over the road.

Mr. Tom Kupka, Unit 8, 2175 Stavebank Road, Mississauga, Ontario L5C 1T3 attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-03-23/09/2004

Member Wallace – Member Nishikawa: Be it resolved that Consent be granted for Application B/93/94/04/ML, (Dunn), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lots be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

Minutes – Committee of Adjustment – September 23, 2004, Page #4 Minutes – Committee of Adjustment – September 23, 2004 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.

Carried.

d. B/95/04/ML, Endicott, Laudisa, Singleton, Part of Lots 26 and 27, Concession D, Parts 1 and 2, Plan 35R-11991, (Medora), 4-23-085. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted the zoning and stated the property is subject to site plan control. The proposed lots exceed the by-law requirements and the zoning meets the criteria in the Official Plan. There was no report from Mr. Bos, Building Inspector, however, he verbally stated he does have concerns and would like a site evaluation report submitted confirming suitable building and septic sites.

Mr. William Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett stated that the subject property plus the two lots to the south and the backland has been in the family for years. The backlands were subject to agreements by the family and is shared. Mr. Grimmett suggested that Committee impose a condition that the proposed severed lot does not have any right to access the backlands. It would be an water access property only. He stated with respect to Mr. Bos’ concerns that his clients would prefer not to do the study due to the costs involved but would comply if Committee wishes.

Ms. Claire Endicott, 61 Foreman Avenue, Toronto, Ontario M4S 2R4 attended the meeting with concerns. She is in support of the severance but would like to defer the application or add the condition that Mr. Grimmett suggested until all of the details regarding the family are addressed. She explained the history of the lands and the restrictions of the agreement for the rights to use the open space lands (backland).

Minutes – Committee of Adjustment – September 23, 2004, Page #5 Minutes – Committee of Adjustment – September 23, 2004 In answer to Chair Fairfield’s question regarding legal access to the backlands, Mr. Fahner stated that we are dealing with a private agreement, if it is a formal right-of-way it would require Planning Act approval. Mr. Grimmett stated that it is a registered right-of-way on title.

Member Martin wished to defer the application to receive the Township’s solicitors advise. Mr. Fahner agreed and stated that staff would like more clarification and have a discussion with Maureen Wylie, District of Muskoka Land Division Committee regarding the severance that created these lots.

Member Hare stated that access for the proposed severed lot could be by Mortimer’s Point Marina.

Mr. Gillies Endicott attended the meeting.

Member Hare suggested the application be deferred until the lot line adjustment is confirmed.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated that there are more suitable sites on top of the ridge but it is limited. Under the Ontario Building Code a septic could not be located on slopes greater than 20 percent. There is limited septic area. Mr. Bos is not satisfied and needs more information.

Committee agreed to adjourn the application until further information is submitted.

ADJOURNED. e. B/96/97/04/ML, Estate of Tipping, Part of Lot 8, Concession 2, (Cardwell), 1-2- 158. A copy of the report was attached.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

ii) Letters was received from Lindsey McLaren. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff indicated that the property is zoned WR 5-7 and is subject to site plan control. The proposed lots comply with the zoning by-law provided the Original Shore Road Allowance is closed and conveyed. The Official Plan mapping identifies the narrow waterbody and the proposed lots conform to the policies. Mr. Bos confirmed verbally that he would like a configuration of proposed severed lot # 2 and retained lot # 2 adjusted to a north-south split.

Mr. Lanny Dennis, Wayne Simpson and Associates, 11 Centre Street South, Suite 102 Huntsville, Ontario P1H 1W4 attended the meeting as agent for the applicant.

Minutes – Committee of Adjustment – September 23, 2004, Page #6 Minutes – Committee of Adjustment – September 23, 2004 Mr. Dennis stated that he had spoken with Mr. Bos regarding septic suitability. He noted that the lands have suitable building sites. There are deer wintering yards and the lots are subject to site plan control. The property is well vegetated with conifer trees. Building and septic envelopes will be dealt with through site plan control. The water depth along the retained lot # 1 and # 2 is shallow and not conducive to boat traffic or recreational activity. If Committee wishes an abbreviated fish habitat study, it could be done. In response to Mr. McLaren’s concerns, Mr. Dennis felt that the Original Shore Road Allowance closing would not affect them and respectfully requested Committee to grant approval.

Mr. Lindsey McLaren, Box 181, Campbellville, Ontario L0P 1B0 attended the meeting. He stated that he was not opposed to the severance provided it does not affect his Original Shore Road Allowance and projected lot line. Mr. McLaren circulated photographs of the shoreline.

In answer to Member Nishikawa’s question, Mr. Fahner suggested that Committee approve the severance and Mr. McLaren be involved during the process of the closing of the Original Shore Road Allowance.

Mr. McLaren stated that he has applied to buy this piece of Original Shore Road Allowance and the square footage would not affect the number of lots the applicant will get.

Member Nishikawa felt that there is not enough information for Committee to make a decision. She felt that if Mr. Bos felt that there was an extreme issue on this property he would have commented on it.

Committee concurred to adjourn the application so Mr. Bos could submit a written report.

ADJOURNED.

7. Hearing of Minor Variance Applications

a. A-52/04, Reeves, Part of Lot 20, Concession 7, Part 2, Plan RD-949, (Medora), 4-11-109. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Gordon Laschinger • Lester Zehr

Staff stated that a new boathouse should meet the by-law. In 1998 the by-law included an increase setback for a roof capable of being used as a sundeck to 30 feet from the side lot line to address privacy and noise issues. The property was inspected on September 22, 2004. The setback is not changing and it is a slight structural change to the boathouse. The boathouse is approximately 50 feet from the neighbour’s structures. According to assessment records the boathouse was constructed circa 1972.

Minutes – Committee of Adjustment – September 23, 2004, Page #7 Minutes – Committee of Adjustment – September 23, 2004 Photographs were circulated to Committee.

Mr. Geoffrey Reeves, 78 Chatsworth Drive, Toronto, Ontario M4R 1R7 attended the meeting. Mr. Reeves stated they wish to construct a railing on the boathouse for safety reasons.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Martin’s question, Mr. Reeves stated the marked trees in the photographs would be removed.

In answer to Member Pryke’s question, Mr. Reeves stated that they have not considered a peaked roof. They wish to increase the sun area.

Resolution Number CA-04-23/09/2004

Member Ellis – Member Grady: Be it resolved that Application A- 52/04, Reeves, to allow for the construction of a railing on the existing flat top boathouse to be 2.3 feet from the side lot line, (at the closest point), as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

b. A-53/04, King, Part of Lot 20, Concession 7, Parts 3 and 4, Plan 35R-5178, (Monck), 9-3-038. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

A submission was received from Robert and Susan Middleton. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected the property on September 20, 2004. There are no terrain constraints and there will be no tree removal. If the addition were constructed on the other side it would be closer to the water. If it were located at the rear of the dwelling it would require tree removal. Staff noted that only a portion of the addition does not comply.

Minutes – Committee of Adjustment – September 23, 2004, Page #8 Minutes – Committee of Adjustment – September 23, 2004 Mr. Art Luker, RR # 2, Fraserburg Road, Bracebridge, Ontario P1L 1W9 attended the meeting as agent for the applicant. Mr. Luker stated that the applicants purchased the property in 2001. The cottage is 544 square feet and has limitations. They wish to add more space and felt that it is the most suitable location for expansion.

Mrs. Denise King attended the meeting.

In answer to Member Thompson’s question, Ms. Ghikadis stated that lot coverage is approximately 4%.

Resolution Number CA-05-23/09/2004

Member Ellis – Member Grady: Be it resolved that Application A- 53/04, King, to allow for the construction of an addition to the existing dwelling which is to be 10 feet (at the closest point), from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that only a corner of the addition is too close to the lot line, the addition is small and the addition is located in an area that would have the best use of the dwelling.

c. A-54/04, Ackerman, Part of Lot 35, Concession 13, Lot 1, Plan M-487, (Monck), 9-13-073-01. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Photographs were circulated to Committee.

Staff noted that in their opinion this application is a true minor variance. The tree cover is thick. The proposed will not visible to the road allowance or visible from the water. It was noted that the road allowance is unlikely to be used for public purposes due to the steepness of the lot.

Mr. Izaak De Rijcke, 258 Woolwich Street, Guelph, Ontario N1H 3W1 attended the meeting as agent for the applicant.

Mr. Roger Duke, Box 368, Port Carling, Ontario P0B 1J0 attended the meeting as the builder for the applicant.

Minutes – Committee of Adjustment – September 23, 2004, Page #9 Minutes – Committee of Adjustment – September 23, 2004 In answer to Member Martin’s question, Mr. Fahner stated that the encroachment onto the road allowance is not part of the application, however, if Committee wishes it could be referred to the Clerk’s Department. Mr. Rijcke stated that the septic line has been moved.

Committee felt the encroachments should be legalized by a license of occupation.

Resolution Number CA-06-23/09/2004

Member Grady – Member Goltz: Be it resolved that Application A- 54/04, Ackerman, to allow for the construction of an addition to the existing dwelling which is to be 16 feet from the exterior side lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

d. A-55/04, LeMesurier, Part of Lot 21, Concession 8, Part 2, Plan Rd-1949 and Part 8, Plan RD-2112, (Medora), 4-13-003. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Photographs were circulated to Committee.

Staff noted that the by-law does permit a boathouse to extend into the front yard of a lot a maximum of 10 feet. In terms of 20 feet, staff felt there is no reason why it could not comply.

Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for the applicant. Ms. Doyle felt the application was reasonable and appropriate. It will increase the privacy buffering from the northerly shoreline structures.

Mr. Allen Day, 1 Don Cliff Place, Toronto, Ontario M4N 1P9 attended the meeting in support of the application.

No one else attended the meeting.

In answer to Member Hare’s question, Ms. Ghikadis stated there is a provision in the by-law which states when a severance has been granted and no main use is constructed in two years, then the boathouse becomes illegal.

Minutes – Committee of Adjustment – September 23, 2004, Page #10 Minutes – Committee of Adjustment – September 23, 2004

Member Nishikawa was concerned with a boathouse constructed without a main use and questioned how to protect this. Ms. Doyle stated that it is the applicant’s intent to construct a main dwelling and they will enter into a 51(26) agreement if Committee wishes.

Committee could not support the construction of an accessory building prior to the main use and felt because the lot has not be finalized, it would have a large cumulative impact on the water.

Resolution Number CA-07/23/09/2004

Member Grady – Member Goltz: Be it resolved that Application A- 55/04, LeMesurier, to allow for the construction of docks and a two storey boathouse which will result in a total cumulative width of 120 feet, as shown on the plan attached to the Notice of Decision, is hereby denied.

Carried.

e. A-56/04, Luksa, Part of 16, Concession E, Parts 1-3, Plan 35R-3444, (Medora), 6-18-057. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Submissions were received from the following people. Ms. Ghikadis read the letters aloud.

John and Kathy Bolus Ken and Valerie Miller

Staff inspected the property on September 13, 2004. The proposed dwelling is located in an open area where a previous dwelling once stood. There is moderate tree cover along the shoreline that will be preserved with the assistance of a site plan agreement, which was recently approved. The property has over 200 feet of frontage and, therefore, qualifies for a two storey boathouse. In this case the dwelling and boathouse are over lot coverage. There was a previous variance granted which permitted 10.93% lot coverage. Staff generally do not support applications over 10% lot coverage, however, this is an adjustment of density allocations between two buildings on the property.

Mr. Peter Luksa, Box 233, Bala, Ontario P0C 1A0 attended the meeting. Mr. Luksa stated that the proposal would not affect the Bolus property.

Minutes – Committee of Adjustment – September 23, 2004, Page #11 Minutes – Committee of Adjustment – September 23, 2004

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Mr. Fahner stated that the proposed Waterfront Density requirements based on 200 feet of frontage, at 16%, gives a 32 feet wide boathouse.

Resolution Number CA-08-23/09/2004

Member Goltz – Member Grady: Be it resolved that Application A- 56/04, Luksa, to allow for the construction of a dwelling and two storey boathouse which will result in a lot coverage of 10.93% in the lot area within 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

9. Unfinished Business

a. Change in Application, B/3/4/04/ML, LeMesurier, Part of Lot 21, Concession 8, Part 2, Plan RD-1949, Part 8, Plan RD-2112, (Medora), 4-13-003. The Committee made their decision on February 25, 2004. A verbal report was presented.

Mr. Fahner explained the history of the application. The applicant’s wish to include Part 3 in the right-of-way. This was not included in the original application and re-circulation is not required. Staff had no objection to the proposed.

Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant.

Committee agreed with the change.

b. Change in Conditions, B/25-29/04/ML, Estate of Hermant, Part of Lots 20 and 21, Concession E, (Medora), 6-19-031. The Committee made their decision on April 28, 2004. A copy of the sketch was attached. A verbal report was presented.

Mr. Fahner reviewed the drawing attached to the agenda. The zoning requires 1.5 acres, therefore, an exemption needs to be granted. A resolution for an additional condition is required.

Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant.

Minutes – Committee of Adjustment – September 23, 2004, Page #12 Minutes – Committee of Adjustment – September 23, 2004

Resolution Number: CA-09-23/09/2004

Member Grady – Member Goltz: Be it resolved that the decision of the Committee of Adjustment dated April 28, 2004 for Application B/25/26/27/28/29/04/ML, (Estate of Hermant) is hereby amended:

Condition Number 4 is added:

4. That the subject lands be brought into conformity with the Zoning By-law by means of an exemption to the minimum lot area requirement for Proposed Severed Lot 1 (B/25/04/ML).

EXPLANATION OF CHANGES: Through recent survey work carried out, the raise in the level of Lake Muskoka and other circumstances, it was found there is issufficient lot area and an exemption is now required.

PLEASE NOTE THAT THE CONDITIONS IN THE DECISION DATED APRIL 28, 2004, REMAIN UNCHANGED AND IN FULL FORCE.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

10. New Business

11. Statistics

Minutes – Committee of Adjustment – September 23, 2004, Page #13 Minutes – Committee of Adjustment – September 23, 2004

12. Adjournment

Resolution Number: CA-10-23/09/2004

Member Goltz – Member Grady: Be it resolved that the meeting adjourn at 12:30 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – September 23, 2004, Page #14 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Thursday, October 14, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa Don Goltz Ian Wallace Nancy Thompson

Regrets: Stewart Martin

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

a. A copy of the Minutes dated September 23, 2004, is attached.

Resolution Number: CA-01-14/10/2004

Member Goltz – Member Hare: Be it resolved that the minutes dated September 23, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

b. Mr. Lanny Dennis, Agent, attended re: Item 9.a., Unfinished Business, Estate of Tipping.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. Nil.

6. Hearing of Consent Applications

a. B/98/04/ML, Scarlett, Part of Lot 5, Concession 12, (Medora), 4-7-039. A verbal report was presented.

Minutes – Committee of Adjustment – October 14, 2004, Page #1 Minutes – Committee of Adjustment – October 14, 2004

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 days prior.

Staff noted that no new lots are being created. The zoning on the property is Waterfront Residential (WR1) and the new lot configuration for both lots comply with the zoning by-law. Staff inspected the property on October 12, 2004. Both the retained and the abutting lots have existing development each consisting of: a modest dwelling, an accessory structure and a dock. The severed lot is heavily treed. Much of the terrain is low lying and unsuitable for new structures without filling. As shown on the map, a drainage course runs across the abutting and through the severed into the lake. Other visible shoreline structures in the bay include five docks, four of which are long and four small single storey boathouses. If the frontage is increasing in order to facilitate a two storey boathouse, the timing for severance completion, building permit and by-law change are extremely tight.

Mr. Bill Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett stated that the condition requested by the District for merging the severed lot is generally added as a condition and the applicant can comply with that.

No one else attended the meeting.

Committee had no questions.

Resolution Number: CA-02-14/10/2004

Member Goltz – Member Hare: Be it resolved that Consent be granted for Application B/98/04/ML, (Scarlett), provided the following conditions are fulfilled:

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 – October 14, 2004, Page #2 Minutes – Committee of Adjustment – October 14, 2004 No new additional lots are being created. This is a change in lot lines only.

Pursuant to Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried. b. B/99/04/ML, Weld, Part of Lots 16 and 17, Concession 3, Parts 22 – 25B, Plan BR-59, (Wood), 8-5-070. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ghikadis read the letter aloud, a copy of which is attached.

i) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff noted that no new lots are being created. The purpose of the severance is unknown. The proposed severed lot is vacant and it does result in a strange lot configuration. Staff did not have an opportunity to inspect the subject property. According to the application, there is an existing driveway across the severed in favour of the abutting lot. It appears that there may be a private restrictive covenant regarding development on the severed lot.

Mr. Richard McGraw, 35A Hazelton Avenue, Suite 301, Toronto, Ontario M5R 2E3 attended the meeting as agent for the applicant and the owner of the benefitting lands. Mr. McGraw noted that they wish to acquire the severed lands for access only and stated there will be no development on it.

No one else attended the meeting.

In answer to Member Nishikawa’s question, Mr. Fahner stated that the right-of- way is not changing.

In answer to Member Goltz’s question, Ms. Ghikadis stated the 33 foot right-of- way is private.

Minutes – Committee of Adjustment – October 14, 2004, Page #3 Minutes – Committee of Adjustment – October 14, 2004

Resolution Number: CA-03-14/10/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/99/04/ML, (Weld), provided the following conditions are fulfilled:

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 is a change in lot lines only.

Pursuant to Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Carried.

c. B/100/04/ML, Kooy, Part of Lot 33, Concession 7, Part 2, Plan 35R-19544, (Bala), 7-3-075. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 15 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – October 14, 2004, Page #4 Minutes – Committee of Adjustment – October 14, 2004

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

iii) Letter from the applicant authorizing Tammy Rouleau to act on her behalf as agent for the application.

Staff noted that both lots comply with the zoning by-law. There is existing development on the retained and the severed lot is vacant. The District of Muskoka confirmed that water and sewer service was available. Any new development would be required to hook up to services prior to a building permit.

Ms. Tammy Rouleau, Box 75, Bala, Ontario P0C 1A0 attended the meeting to act as agent for the applicant.

No one else attended the meeting.

Committee had no questions.

Resolution Number: CA-04-14/10/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/100/04/ML, (Kooy), provided the following conditions are fulfilled:

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.

Carried.

d. B/101/04/ML, Meiklejohn, Part of Lot 26, Concession 10, Parts 1-3, Plan RD-36, (Monck), 9-11-082. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – October 14, 2004, Page #5 Minutes – Committee of Adjustment – October 14, 2004

Notice of the Hearing was circulated 15 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ghikadis read the letter aloud, a copy of which is attached.

ii) Report from Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Staff noted it is an existing traveled right-of-way they wish to legalize. Staff had no objection to the application.

Mr. Don Evans, 1 Lock Street, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.

No one else attended the meeting.

Committee had no questions.

Resolution Number: CA-05-14/10/2004

Member Ellis – Member Goltz: Be it resolved that Consent be granted for Application B/101/04/ML, (Meiklejohn), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

7. Hearing of Minor Variance Applications

a. A-62/04, Stephen-Balassiano/Stephen, Part of Lot 9, Concession 5, Lot 12, Plan M-119, (Medora), 8-8-014. A verbal report was presented.

Minutes – Committee of Adjustment – October 14, 2004, Page #6 Minutes – Committee of Adjustment – October 14, 2004 Ms. Ghikadis explained the nature and location of the property/application.

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows: i) Letter from Mary Leuty requesting notification of the decision. Ms. Ghikadis read the letter aloud, a copy of which is attached. ii) Letter of objection was received from Sheldon Silver re: parking issues. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Photographs were circulated to Committee.

Staff noted By-law 2000-155 was passed to recognize the subject property as a building lot with less than 15,000 square feet in area, to permit a sleeping cabin 35 feet from the water and 15 feet from the lot line, and prohibit a two storey boathouse. Part of approval at that time required a new septic system to be installed entirely on the subject property as the septic system was on the road allowance. This application relates to the new septic system and its enclosure. It is a non-habitable structure and staff does not have any concerns with the application.

Mr. Guy Hamilton, 1273 Hawkridge Crescent, Orillia, Ontario L3V 6H4 (former owner of the property), attended the meeting as agent for the applicant. He noted that the septic system exists and the enclosure for it is for aesthetic reasons. He also noted that parking is an issue in that area.

Mr. Jeff Stephen, 1078 McKenzie Road, attended the meeting. He noted the structure is visually attractive and explained the parking issues.

Mr. Sheldon Silver, 250 Yonge Street, N5B 2N6 attended the meeting in opposition to the application. He noted his concerns regarding parking issues. They did not oppose the previous application but noted that parking arrangements had been made at that time. He felt the application would have an adverse affect on them.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated the enclosure is 11 feet x 22 feet.

In answer to Member Pryke’s question, Ms. Ghikadis stated that the location and type of septic system was approved by the Building Department.

In answer to Member Wallace’s question, Mr. Silver requested that a condition be imposed that the applicant does not use the right-of-way for his own use and not deprive the neighbour’s right of access.

In answer to Member Thompson’s question, Ms. Ghikadis indicated that no building permit was obtained for the enclosure, an Order to Comply was issued, hence the application. The zoning by-law does not dictate setbacks for septic systems, the Ontario Building Code does.

Mr. Hamilton stated when the enclosure was constructed, the contractor at that time said he did not need a permit.

Minutes – Committee of Adjustment – October 14, 2004, Page #7 Minutes – Committee of Adjustment – October 14, 2004 Ms. Ghikadis had confirmed with the Building Department staff that a final certificate was issued for the septic system.

Resolution Number CA-06-14/10/2004

Member Ellis – Member Goltz: Be it resolved that Application A- 62/04, Stephen-Balassiano/Stephen, to allow for the construction of a shed (enclosure for a septic tank) 3 feet (at the closest point) from the rear lot line/street and which results in a lot coverage of 10.4%, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the Township property abutting the subject land provides a buffer and the structure is 50 feet from the travelled road. The shed/enclosure is aesthetically more pleasing than the septic tank.

b. A-57/04, Sheldon, Part of Lot 27, Concession D, (Medora), 4-23-075. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Photographs were circulated to Committee.

No submissions were received.

Staff inspected the property for a previous application earlier this year to permit a second storey on the dwelling. This application was given approval. The adjacent property is heavily treed and is zoned Open Space (OS2). It is unlikely that any structure would ever be built there. The proposed new construction is approximately 50 feet back from the water and is 60 square feet in floor area.

Mr. Don Sheldon, 68 Hillholm Road, Toronto, Ontario M5P 1M5 attended the meeting. Mr. Sheldon explained the bedroom is separate and not connected to the cottage. They intend to remove an existing deck and in its place put a stairway down to the lower room. They are not increasing the footprint of the dwelling.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Pryke’s question, Mr. Sheldon stated that they had looked at alternative solutions but they did not work.

Minutes – Committee of Adjustment – October 14, 2004, Page #8 Minutes – Committee of Adjustment – October 14, 2004 In answer to Member Grady’s question, Ms. Ghikadis stated that the cottage was constructed in 1965 and the boathouse in 1980. They are considered legal non- complying as they predate the by-law.

Member Nishikawa felt that a condition should be added if they were to rebuild they would have to comply. Mr. Fahner stated that if it were a voluntary rebuild they would have to make an application.

Mr. Sheldon stated he had spoken to both neighbours and neither has expressed any concerns.

Resolution Number: CA-07-14/10/2004

Member Wallace – Member Nishikawa: Be it resolved that Application A-57/04, Sheldon, to allow for the construction of a stairwell/entrance 5 feet from the side lot line and which results in a lot coverage of 13.24%, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

c. A-58/04, Sue-A-Quan, Part of Lot 25, Concession 6, (Wood), 6-4-020. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Photographs were circulated to Committee.

Staff inspected the subject property on October 12, 2004. There is a single storey dwelling with cathedral ceiling and the proposed addition will not be much higher than the existing. The dwelling is buffered with large pines and the proposed addition will be well buffered. Staff had no objections to the application.

Mr. Errol Sue-A-Quan, 10 Cosmic Drive, North York, Ontario M3B 3E9 attended the meeting as agent for the applicant.

No one else attended the meeting.

Minutes – Committee of Adjustment – October 14, 2004, Page #9 Minutes – Committee of Adjustment – October 14, 2004 In answer to Member Thompson’s question, Ms. Ghikadis stated the lot coverage is over the maximum permitted but this is not changing it. Mr. Sue-A-Quan stated that they acquired property in 1988 and the dwelling existed at that time.

Resolution Number CA-08-14/10/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-58/04, Sue-A-Quan, to allow for the construction of a second storey addition to the existing dwelling which will be 14 feet (at the closest point) from the front lot line or high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

d. A-59/04, Purves, Part of Lot 32, Concession 2, Parts 2, 3 and 5, Plan 35R- 10367, (Watt), 2-8-035. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Photographs were circulated to Committee.

A letter was received from Mr. Purves. Ms. Ghikadis read the letter aloud, a copy of which is attached.

The property is zoned Waterfront Residential (WR8) because there are water quality concerns in Brackenrig Bay. There are increased lot size requirements for building lot. A single storey non-habitable structure is proposed. No changes in the septic system are required. Staff would have concerns with a habitable building. Staff inspected the subject property on October 7, 2004. Existing structures on the property include the dwelling, docks, and a wood shed. There is currently an addition that is under construction. Other visible shoreline structures include three boathouses to the north and a boat port to the south. Portions of the existing dock are to be removed. According to the information submitted the frontage coverage complies. New elevations that were submitted show the boathouse to be greater than 16 feet in compliance with the required setbacks.

Mr. Bud Purves, 75 Gormley Avenue, Toronto, Ontario M4V 1Y9 attended the meeting. Mr. Purves circulated a landscaping plan and a conceptual drawing to Committee.

No one else attended in support of the application.

Minutes – Committee of Adjustment – October 14, 2004, Page #10 Minutes – Committee of Adjustment – October 14, 2004

Mr. John Hylton and Ms. Susan Hylton, 95 Colin Avenue, Toronto, Ontario M5P 2C1 attended the meeting in opposition to the application. Mr. Hylton noted his concerns of water quality issues, a decrease in the value and enjoyment of their property, safety and navigation concerns. He suggested that the boathouse be located on the existing dock.

In answer to Member Pryke’s questions, Ms. Ghikadis stated that any part of a boathouse that exceeds 16 feet in height shall be a minimum of 30 feet from the side lot line.

Member Pryke questioned if the neighours concerns could be accommodated. Mr. Purves stated that he had made sure that the travel lines in the water to the Hylton’s boathouse were not affected.

In answer to Chair Fairfield’s question, Mr. Purves stated that it would not be a safe area to construct the boathouse where the existing docks are located due to water depth.

In answer to Member Thompson’s question, Ms. Ghikadis stated that over 400 square feet of lot coverage is available and a two storey boathouse could be constructed under today’s requirements. Mr. Fahner added that if it were recognized as a building lot there could be a sleeping cabin.

In answer to Member Nishikawa’s question, Mr. Purves stated that the water is shallow and not navigable by the existing docks.

In answer to Member Thompson’s question, Ms. Ghikadis stated that the Original Shore Road Allowance is closed.

The majority of the Committee concurred to add a condition that the boathouse be limited to a single storey only.

Resolution Number: CA-09-14/10/2004

Member Nishikawa – Member Wallace: Be it resolved that Application A-59/04, Purves, to allow the subject land to be recognized as a legal building lot with only 0.94 acres, is hereby approved subject to limiting the boathouse to a single storey only.

Carried.

CONDITIONS: Any boathouse is limited to one storey only.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the lot is only insufficient in lot area by a small amount and the proposed boathouse complies with all other requirements of the zoning by- law. The proposed location of the boathouse and the size of the lot are two separate issues.

Minutes – Committee of Adjustment – October 14, 2004, Page #11 Minutes – Committee of Adjustment – October 14, 2004 e. A-60/04, Rensen, Part of Lots 34 and 35, Concession 1, Part 1, Plan BR-2007, (Watt), 2-7-004. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

A letter was received from Joe and Marina Baker. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted the Waterfront Commercial (WC) zoning was put in place in By-law 87-87 on all commercial properties on lakes at capacity. This freeze does not permit any addition to what exists. A general provision in the by-law requires setbacks to be a minimum of 25 feet from a public road. The distance from the traveled road to the proposed addition is 20 feet. In terms of the septic system, permits were issued by the Ministry of the Environment in 1978 and 1992. However, the records are unclear and additional information is required to determine if sufficient capacity is available. If the variance is granted, and the septic does not comply, they would not get a building permit.

In answer to Member Goltz’s question, Ms. Ghikadis stated the District of Muskoka did not submit a report regarding the road. Mr. Fahner stated that if the road were to be widened there is more room on other side of the road to do this.

In answer to Member Wallace’s question, Ms. Ghikadis stated that the proposed addition would not be visible due to the rock outcropping and the land is quite level in that location.

In answer to Member Pryke’s question, Ms. Ghikadis stated that there would be less density due to the structures that are to be removed. Mr. Fahner stated that staff is in support of the application as the applicant needs to upgrade his small resort.

Resolution Number CA-10/14/10/2004

Member Wallace – Member Nishikawa: Be it resolved that Application A-60/04, Rensen, to allow for the construction of an addition to an existing structure in a Waterfront Commercial (WC) Zone and to allow that addition to be 2 feet from Muskoka Road 118, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the proposed addition is located in the only suitable area, is 20 feet from the travelled, is furthest back from the lake and the density on the lot is being reduced.

Minutes – Committee of Adjustment – October 14, 2004, Page #12 Minutes – Committee of Adjustment – October 14, 2004 f. A-61/04, Setterington, Part of Lot 26, Concession 7, Lot 11, Plan M-234, (Bala), 7-5-005. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Photographs were circulated to Committee.

Staff inspected the property on October 12, 2004. The boat port is modest and staff had no objection to the extension. The lot is open between the lake and the dwelling. The proposed kitchen addition could be screened from the lake if there was no deck addition. Staff generally does not support applications beyond 10% especially for additional habitable space. If Committee chooses to approve the application, staff recommended the planting of trees to start a shoreline buffer.

Mr. Doug Setterington, 18 Garnett Court, London, Ontario N6H 4Z9 attended the meeting. Mr. Setterington stated that the roof of the dwelling is in need of repair and noted that the measurements should be 25 feet in width instead of the 26 feet that was applied for. This would reduce the lot coverage.

No one else attended the meeting.

In answer to Member Thompson’s question, Ms. Ghikadis stated, according to our records, the boat port was constructed in 1989. Staff is unsure if a building permit was issued.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated currently the lot coverage is at 9.7%.

Ms. Ghikadis stated that if the variance is granted for an undersized frontage, the structures would be considered legal non-complying.

In answer to Member Pryke’s question, Mr. Fahner stated the lot has 94 feet of frontage. The additional concern is frontage coverage. If the applicant were to narrow the dock addition down, they would comply. Staff’s main concern is with increasing the size of dwellings on small lots. They could, however, add a second storey to the dwelling.

In answer to Member Hare’s question, Ms. Ghikadis stated that the pumphouse is included in the lot coverage calculations.

Mr. Fahner stated the applicant has a further submission that they would reduce the covered porch area and this would reduce lot coverage down to 10.52%.

Committee concurred to grant a total of 10.5% lot coverage and that a landscape buffer be established.

Minutes – Committee of Adjustment – October 14, 2004, Page #13 Minutes – Committee of Adjustment – October 14, 2004 Resolution Number CA-11-14/10/2004

Member Thompson – Member Nishikawa: Be it resolved that Application A-61/04, Setterington, to allow for the construction of an addition to an existing dwelling resulting in a lot coverage of 10.5%, is hereby granted and a landscaped buffer be established.

Carried.

CONDITIONS: A landscape buffer be established.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that a lot coverage of 10.5% would provide for a modest density on the subject lot due to the size of the lot. Please note that the Committee did not support the variance to the lot frontage coverage for the total cumulative width of the dock and boathouse.

8. Correspondence

a. Ontario Municipal Board Decision, 1522407 Ontario Limited (Ripplewood Properties), By-law 2003-17, B/06/07/08/04/ML, Part of Lot 28, Concession 3, (Port Carling), 5-3-004.

Mr. Fahner informed Committee that the Ontario Municipal Board had rendered a decision in September. The parties agreed to settle the matter.

b. Letter from the Ontario Municipal Board, Gesualdi, B/47/04/ML, Part of Blackforest Island, Lake Joseph, (Medora), 4-24-019.

Mr. Fahner stated that the appeal had been withdrawn due to the change in the decision at the September 1, 2004 Committee of Adjustment meeting. The Ontario Municipal Board has sent a letter and has closed their file.

c. Letter from Gord Laschinger, re: Reeves, A-52/04, Part of Lot 20, Concession 7, (Medora), 4-11-109.

Mr. Fahner noted that Committee had denied application A-56/04 at the last meeting. A letter was submitted from the neighbouring landowner stating that the construction of the railing on top of the existing boathouse would not affect their property and supported the proposal. Mr. Reeves has been notified and told he would have to reapply.

9. Unfinished Business

d. B/96/97/04/ML, Estate of Tipping, Part of Lot 8, Concession 2, (Cardwell), 1-2- 158. A copy of the report was attached to the agenda.

Ms. Ghikadis explained the history of the application that was adjourned at the September 23, 2004 Committee of Adjustment meeting. An application has been

Minutes – Committee of Adjustment – October 14, 2004, Page #14 Minutes – Committee of Adjustment – October 14, 2004 submitted to close the Original Shore Road Allowance and Mr. Sandy Bos’ comments have been received. The applicant has submitted an altered lot line configuration and Mr. Bos has recommended approval. The third issue that is outstanding is the fish habitat study. Staff requested Committee’s direction on this issue.

Mr. Lanny Dennis, Wayne Simpson & Associates, 11 Centre Street South, Suite 102, Huntsville, Ontario P1H 1W8 attended the meeting as agent. Mr. Dennis stated he did not pursue a fish habitat study with the applicant as he felt this would be onerous and suggested that an agreement be done.

Mr. Fahner stated that the north shore of lot 2 is Type 1 fish habitat. Mr. Fahner noted there is another frontage on lot 2 for shoreline structures. To limit shoreline structures to this shore, a by-law exemption would be required.

In answer to Chair Fairfield’s question, Ms. Ghikadis stated that the existing right- of-way is not required to change and would accommodate all of the lots.

Member Nishikawa commented that she liked an abbreviated fish habitat study.

In answer to Member Wallace’s question, Mr. Fahner stated that a detailed fish habitat study would be approximately $2000.00. Committee did not concur with requiring a fish habitat study.

Resolution Number: CA-12-14/10/2004

Member Nishikawa – Member Thompson: Be it resolved that Consent be granted for Application B/96/97/04/ML, (Estate of Tipping), 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. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That the Original Shore Road Allowance (OSRA) be closed and conveyed in order that there be sufficient lot area for each lot to comply with the zoning by-law. 4. 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 lots, or the entire lands, whichever is less.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Minutes – Committee of Adjustment – October 14, 2004, Page #15 Minutes – Committee of Adjustment – October 14, 2004

Carried.

10. New Business

11. Statistics

a. A copy of the severance statistics from 1999 – 2003 is attached.

Member Thompson commented that she had major concerns with all of the approvals that Committee has granted and is also concerned with the direction Committee is going. Mr. Fahner stated that the statistics are for severances only and noted that the Department is 25% ahead of the forecasted revenues in the budget.

Member Thompson also noted her concerns with the amount of applications staff is processing and felt that staffing concerns must be reviewed at budget time.

12. Adjournment

Resolution Number: CA- -14/10/2004

Member – Member: Be it resolved that the meeting adjourn at 12:18 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – October 14, 2004, Page #16 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Thursday, November 3, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke C. Minty - Planning Administrative Assistant Ruth Nishikawa Don Goltz Ian Wallace Nancy Thompson Stewart Martin

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

3. Adoption of Minutes

c. A copy of the Minutes dated October 14, 2004, was attached to the agenda.

Resolution Number: CA-01-03/11/2004

Member Thompson – Member Pryke: Be it resolved that the minutes dated October 14, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

d. Mr. Bill Grimmett, Agent, attended the meeting re: Item 9.a., Unfinished Business, Endicott.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/102/103/04/ML, Moore, Part of Lot 8, Concession 9, Lot 25 and 26, Plan M- 180, (Medora), 4-5-022-06. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Minutes – Committee of Adjustment – November 3, 2004, Page #1 Minutes – Committee of Adjustment – November 3, 2004 Staff noted the sign was only posted 12 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) Letter was received from Mr. Geoffrey Moore with letters of support attached from Mr. Bert Grant, Sharon & John Boultbee, Eing Rae and Phil Sifft. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Photographs were circulated to Committee.

Staff inspected the property on October 28th, 2004. Both lots subject to the application have existing development consisting of a dwelling and docks. The proposed lot is very steep, more indicative of a WR6 zone. Both lots will have 200 feet of frontage if approved. Other visible shoreline structures in the area consist of three two storey boathouses. Otherwise there are mainly single storey boathouses and docks. It was noted the sign was posted on the property only 12 days prior to the meeting. The Planning Act requires posting of notification a minimum of 20 days prior.

Mr. Jeff Moore, 20 Woodthrush Court, Willowdale, Ontario M2K 2B1 attended the meeting. Mr. Moore stated the lot was originally surveyed at 200 feet of frontage. The frontage was confirmed to be 198 feet recently.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Grady’s question, Mr. Fahner stated the Committee has moved forward on applications that have missed the posting period by one day, however, this notice was only posted 12 days prior and staff indicated this is a problem. If Committee does grant approval it would not be in compliance with the Planning Act.

Mr. Paul Donaldson, RR #3, Port Carling, Ontario P0B 1J0 attended the meeting in support of the application. Mr. Donaldson apologized to Committee that he did not post the sign on time.

Member Pryke noted it is a procedural glitch and would meet her approval.

Member Thompson noted her concerns with the WR6 zoning and steep slopes, but she did not have a problem with the severance.

Mr. Fahner stated that it is a change in lot line only. Member Thompson stated they could potentially have a two storey boathouse on each lot.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated currently the frontage required for a two storey boathouse is 200 feet of straight line frontage. Member Nishikawa offered her support.

Due to concerns regarding the posting of the sign, Committee adjourned the Hearing such that the sign could be posted.

ADJOURNED.

Minutes – Committee of Adjustment – November 3, 2004, Page #2 Minutes – Committee of Adjustment – November 3, 2004

6. Hearing of Consent Applications

a. B/106/04/ML, Thorel, Part of Lots 28 and 29, Concessions 10 and 11, (Medora), 4-15-009, 4-15-027. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected the property on October 28, 2004. The proposed lots are large vacant lots with mixed terrain. The lots had inadvertently merged. Both lots exceed the by-law requirements and staff had no objection with the application.

Ms. Kim Dunbrook, Barrie, Ontario L4N 6Z6 attended the meeting as agent. Ms. Dunbrook requested the condition for a survey be waived due to the costs involved.

In answer to Member Nishikawa’s question, Mr. Fahner stated the condition for the survey should be left in but include the words “if needed”. The applicant should contact a lawyer for the wording in the deeds.

Ms. Dunbrook stated that they had spoken with a solicitor who advised them that the survey was not required due to the legal description from a previous severance on the lands.

Resolution Number: CA-02-03/11/2004

Member Martin – Member Pryke: Be it resolved that Consent be granted for Application B/106/04/ML, (Thorel), provided the following conditions is fulfilled:

1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan, if required.

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.

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

Minutes – Committee of Adjustment – November 3, 2004, Page #3 Minutes – Committee of Adjustment – November 3, 2004 Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended).

Carried. b. B/107/04/ML, Martha H. Visser’t Hooft, Muskoka Trust, Part of Governor’s Island, Lake Joseph, (Medora), 4-25-026. 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 14 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.

Staff highlighted the staff report. The lands were rezoned to Waterfront Residential WR6-7 in 1991. With regards to the District comments, the current zoning does require site plan approval. With the WR6 zone it requires new lots to have 400 feet of frontage, therefore, the lot line needs to be adjusted or an exemption is required. As for the additional structures, staff recommended they be converted. The modest habitable dwelling on the retained lot is 860 square feet.

Mr. John Hiley, 6 Dominion Street, Bracebridge, Ontario attended the meeting as agent for the application. The structures on the proposed retained lot are dark in colour and well setback from the lake. They have existed for over 75 years. A concurrent zoning application would be submitted if Committee feels it appropriate. Mr. Hiley felt the slopes are below 25% and he has spoken with Mr. Bos regarding this. The proposed severed lot is proposed to remain vacant. He requested that the cash-in-lieu be reduced as his applicant is forced into selling this lot due to capital gains. The septic system on retained land was replaced in 2001.

In answer to Member Pryke’s question, Ms. Ghikadis stated staff would have to do a site visit to confirm the WR6 zoning. Mr. Hiley indicated that he prefers the exemption.

In answer to Member Martin’s question, Mr. Hiley stated the purchaser of the severed lot wishes it to be a separate lot.

In answer to Member Ellis’ question, Mr. Fahner stated at one point the Township had reduced the percentage of cash-in-lieu due to excessive assessment values.

Committee agreed to remove condition #6 and gave their approval for the lot to be 300 feet. An exemption to the by-law needs to be submitted. There was no adjustment for cash-in-lieu of parkland.

Minutes – Committee of Adjustment – November 3, 2004, Page #4 Minutes – Committee of Adjustment – November 3, 2004 Resolution Number: CA-04-03/11/2004

Member Pryke – Member Martin: Be it resolved that Consent be granted for Application B/107/04/ML, (Martha H. Visser’t Hooft, Muskoka Trust), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lots, or the entire lands, whichever is less. 4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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. 5. An exemption be granted for lot frontage. 6. That mainland access be confirmed.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. c. B/108/04/ML, Stollery, Part of Lots 21 and 22, Concessions D and E, Part 2, Plan 35R-14404, Part 2, Plan 35R-15747, Parts 4, 9-11, Plan 35R-18707, (Medora), 6-19-036-02. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – November 3, 2004, Page #5 Minutes – Committee of Adjustment – November 3, 2004 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) Report from Mr. Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

Photographs were circulated to Committee.

Staff indicated both lots conform with Official Plan policies. The property is zoned Waterfront Residential (WR1) and both lots comply with the bylaw. Staff inspected the property on October 27, 2004. The proposed severed lot is vacant and has a small dock. It was noted that a fuel tank might have to be moved to comply with setbacks. There is a watercourse that runs through the property. There are gentle slopes and building sites do exist. Staff recommended that site plan control be imposed to protect the watercourse. It was also noted that cash- in-lieu of parkland was previously paid in 1990. With regards to the fish habitat, a dock exists. The entire frontage is Type 1 and staff felt that a fish habitat study is not required.

Mr. Mike Stollery, 6 Deer Ridge Crescent, Kitchener, Ontario N2P 2L3 attended the meeting to answer any questions.

No one attended the meeting in support of or in opposition to the application.

In answer to Member Martin’s, Ms. Ghikadis stated the dock on the proposed severed lot does meet the required setbacks.

In answer to Member Pryke’s question, Mr. Stollery stated a boathouse is not in the plan.

Mr. Stollery stated when the boathouse was constructed on the retained lot a fisheries impact study was done at that time

Committee agreed with the condition for site plan control to address shoreline buffering.

Resolution Number: CA-05-03/11/2004

Member Martin – Member Pryke: Be it resolved that Consent be granted for Application B/108/04/ML, (Stollery), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – November 3, 2004, Page #6 Minutes – Committee of Adjustment – November 3, 2004 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.

Carried. e. B/109/04/ML, Tillsonburg Scout Association, Provincial Council for Boy Scouts of Canada, Lot 1, Concession E, (Medora), 6-11-047. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff did not inspect the property. The laneway exists and staff had no objection to the application.

Mr. Jim Malvern, 190 Hotchkiss Avenue, Gravenhurst P1P 1H6 attended as agent for the applicant. He noted the legal title should be the Provincial Council for Ontario, Boy Scouts of Canada. Ms. Ghikadis stated the assessment roll book shows the ownership of the Tillsonburg Scout Association. This would not affect the application.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-06-03/11/2004

Member Pryke – Member Martin: Be it resolved that Consent be granted for Application B/109/04/ML, (Tillsonburg Scout Association, Provincial Council for Boy Scouts of Canada), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

Minutes – Committee of Adjustment – November 3, 2004, Page #7 Minutes – Committee of Adjustment – November 3, 2004 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.

Carried.

7. Hearing of Minor Variance Applications

a. A-64/04, Pieper, Island Q, Skeleton Lake, (Watt), 2-19-065. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted the property was not inspected. There is a cottage, tool shed/sleeping cabin, propane shed and docks. Staff referred to the Official Plan policy (Section B 5.14) that states: “Due to concerns of character, visual impact, environmental impact, access, and service provision, islands less than two acres shall not be developed for residential purposes and shall be limited to a picnic shelter and a dock, or existing development as of the date of adoption of this plan”. Staff noted that the island is zoned Waterfront Residential (WR3) and the by-law implements the Official Plan policies. Therefore, no new structures are permitted. When the small islands by-law was drafted, most of the Islands were zoned Open Space (OS4). Islands with existing structures were zoned WR3. It was noted Committee had granted similar approvals but limited boathouses to single storey and also limited the height. Committee may wish to do this.

Mr. Pieper, 521 Sutherland Drive, Toronto, Ontario M4G 1K9 attended the meeting. Mr. Pieper stated they are environmentally friendly and have a solar powered electric boat. The property is steep and it will be a cantilevered boathouse. The slope of the roof has to be steep due to snow loads.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Wallace’s question, Mr. Pieper stated the design of the roof is a 12/12 pitch.

Member Pryke commented that a boathouse 25 feet in height would appear to be a two storey boathouse. Mr. Fahner stated Committee could impose a condition that the boathouse not be used for human habitation. Member Pryke wanted to ensure a single storey boathouse is constructed.

Minutes – Committee of Adjustment – November 3, 2004, Page #8 Minutes – Committee of Adjustment – November 3, 2004

Mr. Pieper stated there is a proposed landing and stairs down to the boat slips due to the rock outcrop. Mr. Fahner stated Committee could modify the condition to state this would be used for access only.

Member Nishikawa noted her concerns with enforcement issues and would like to limit the boathouse to a certain design and not allow dormers. Mr. Fahner stated the Ontario Building Code deals with how buildings are constructed. Committee could impose a condition eliminating dormers.

Member Grady questioned the character of area and boathouses on the lake. Mr. Fahner stated Skeleton Lake is a Category 2 lake in the proposed Waterfront Density bylaw. There is a wide variety of shoreline development on this lake. There are a few two storey boathouses and staff felt a single storey boathouse is more appropriate. Mr. Pieper stated they could not have dormers as this would increase ice build-up.

Mr. Pieper indicated they wish to store canoes and kayaks in the rafters.

In answer to Member Grady’s question, Mr. Pieper stated they had considered other designs but this is the most environmentally sound design.

In answer to Member Thompson’s question, Mr. Pieper stated there would be no blasting.

Resolution Number CA-07-03/11/2004

Member Grady – Member Goltz: Be it resolved that Application A- 64/04, Pieper, to allow for the construction of a boathouse on an undersized island, is hereby approved subject to the prohibition of human habitation, and dormers save and except for stairs and a landing for access to the boatslips.

Carried.

CONDITIONS: Human habitation and dormers are not permitted in the boathouse save and except for stairs and a landing for access to the boatslips.

b. A-63/04, Van Oordt, Part of Lot 24, Concession 19, (Wood), 8-17-035. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – November 3, 2004, Page #9 Minutes – Committee of Adjustment – November 3, 2004 Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Staff inspected the property on October 12, 2004. The existing structures on the property consist of a dwelling constructed circa 1930, an outhouse (that is to be removed) and a dock. Staff felt the proposal is an improvement over the existing three (3) foot setback. Compliance with the 35 foot setback is impossible and would interfere with the setback from the hydro line. Behind the hydro line it is heavily treed and significant tree removal would be required. The low-lying wet terrain makes compliance difficult. There is a good shoreline buffer primarily of pine and hemlock. The shape of land acts as a limiting factor.

Mr. Jan Van Oordt, 10 Lorrain Crescent, Brampton, Ontario L6S 2R7 attended the meeting. Mr, Van Oordt stated that due to the nature of the land and the location of the hydro line, he respectfully requested approval as the cottage is in need of repair.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number CA-08-03/11/2004

Member Grady – Member Goltz: Be it resolved that Application A- 63/04, Van Oordt, to allow for the construction of a dwelling and a deck that is to be 23 feet (at the closest point) from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

c. A-66/04, Baker, Part of Lots 16 and 17, Concession 6, Lot 6, Plan 505, (Medora), 4-10-091. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

No submissions were received.

Staff inspected the property on October 28, 2004. There is existing development on the property. It consists of a modest cottage, small A-framed cottage and dock. According to the assessment records all structures were constructed circa

Minutes – Committee of Adjustment – November 3, 2004, Page #10 Minutes – Committee of Adjustment – November 3, 2004 1965 and predate any by-laws. The proposed new dock has the least impact on anyone given the location of other shoreline structures and the shape of the bay. The removal of the existing dock and the construction of the proposed is an improvement.

Mr. Allan Jarick, 1020 King Street, Torrance, Ontario P0C 1M0 attended the meeting as agent for the applicant to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number CA-09-03/11/2004

Member Grady – Member Goltz: Be it resolved that Application A- 66/04, Baker, to allow for the construction of a dock zero feet from the projected side lot line and to allow a total cumulative width of docks and boathouse to be 39 feet or 31% of the lot frontage, as shown on the plan attached to the Notice of Decision, is hereby granted subject to the existing dock being removed.

Carried.

CONDITIONS: The existing dock is to be removed.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the proposed dock will be an improvement as to what is existing and the cumulative width of docks and boathouses is being reduced. There will be minimal impact on the neighbouring properties.

d. A-67/04, Ogryzlo Discretionary Family Trust, Part of Lot 12, Concession 1, Part 1, Plan 35R-2327, (Wood), 8-1-069-01. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Letter was received from Barbara Walker. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Photographs were circulated to Committee.

Staff noted the applicant is in the process of constructing additions. When an inspection for the footings and foundation was called for in August 2004, Mr. Hess determined the front addition was 27 feet from the water. The building permit was issued showed a 38 foot setback. An Order to Comply was issued on August 27th, 2004.

Staff inspected the property October 29, 2004. The other additions comply with the by-law. As seen on the plot plan, the dwelling is placed on an angle to the shoreline. Due to the side and front yard setback requirements compliance of any

Minutes – Committee of Adjustment – November 3, 2004, Page #11 Minutes – Committee of Adjustment – November 3, 2004 kind for an addition in that location would be difficult. The construction matches the building line, however, due to the angle, it is coming closer to the shoreline. The neighbour’s structures are orientated different and are approximately 100 feet away. If Committee is agreeable to the application then additional trees should be planted (three or four pine trees) as a condition.

Mr. Jim Ogryzlo attended the meeting as agent for the trust. Mr. Ogryzlo had hired a surveyor to do the side yard setback who then came back to do the front yard. It was an error on his part and he apologized to Committee.

In answer to Member Thompson’s question, Ms. Ghikadis stated the lot coverage is 9.9% including the additions.

Resolution Number CA-10-3/11/2004

Member Goltz – Member Grady: Be it resolved that Application A 67/04, Ogryzlo Discretionary Family Trust, to allow for the construction of an addition to the existing dwelling 27 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby granted subject to the planting of a minimum of three coniferous trees.

Carried.

CONDITIONS: That three coniferous trees are planted.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that the existing building line is being maintained. The topography of the subject land limits the location of any expansion. It was also noted that the neighbours provided a letter of support.

e. A-68/04, Woodworth, Part of Lot 35, Concession 13, (Medora), 4-16-027. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 12 days prior.

Photographs were circulated to Committee.

Letter was received from Lance and Dawn Woodworth. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff inspected on October 28, 2004. The existing lot coverage is 10.3% and all structures pre-date the by-law. When the structures were constructed there were no lot coverage provisions and no maximum number of sleeping cabins. As well as the proposed additions, the applicant is proposing a partial second storey which complies with the by-law. The proposed additions requiring lot coverage relief will not be visible from the water due to both location and tree cover. The

Minutes – Committee of Adjustment – November 3, 2004, Page #12 Minutes – Committee of Adjustment – November 3, 2004 tree cover in front of the dwelling is very good consisting of a thick conifer buffer, however, staff never support lot coverage applications. There are three habitable buildings on the property. Staff were also concerned with septic but an alternative system can be installed that will service all of the proposed development.

Mr. Bill Ferguson, Box 53, Minett, Ontario attended the meeting as agent for the applicant.

No one else attended the meeting in support of or in opposition to the application.

Member Wallace questioned if there was a possibility of removing the decking in the front of the cottage. Mr. Ferguson stated it is a possibility but he would have to confer with his client.

Member Pryke felt it was far too excessive and could comply by a redesign.

Resolution Number CA-11-03/11/2004

Member Goltz – Member Grady: Be it resolved that Application A- 68/04, Woodworth, to allow for the construction of two additions resulting in a lot coverage of 10.5% within 200 feet from the high water mark as shown on the plan attached to the Notice of Decision, is hereby granted.

MOTION DEFEATED.

8. Correspondence

9. Unfinished Business

f. B/95/04/ML, Endicott et al, Part of Lot 26 and 27, Concession D, Parts 1 and 2, Plan 35R-1191, Parts 1 and 2, Plan 35R-16048, (Medora), 4-23-085. This application was adjourned at the hearing held on September 23, 2004. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property. The primary reason of the adjournment was that Mr. Bos had requested that suitable building and septic sites be confirmed. There was also a private matter between the families. A report from Michalski Nielsen was submitted and reviewed by staff.

A report was received from Mr. Sandy Bos, Building Inspector, Sewage Systems. Ms. Ghikadis reviewed the report, a copy of which is attached.

A letter was received from Claire Endicott. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – November 3, 2004, Page #13 Minutes – Committee of Adjustment – November 3, 2004 Mr. William Grimmett, Barrister & Solicitor, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett stated his clients have solved the issues regarding the back lot and noted the purchasers would not have any back lot rights. He concurred with Mr. Bos’ report and had no objections.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number: CA-12-03/11/2004

Member Goltz – Member Grady: Be it resolved that Consent be granted for Application B/95/04/ML, (Endicott, Laudisa, Singleton), 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 applicants agree 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. That mainland access be confirmed.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

10. New Business

11. Statistics

Minutes – Committee of Adjustment – November 3, 2004, Page #14 Minutes – Committee of Adjustment – November 3, 2004 12. Adjournment

Resolution Number: CA-13-03/11/2004

Member – Member: Be it resolved that the meeting adjourn at 11:41 a.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – November 3, 2004, Page #15 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Thursday, November 24, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke arr. @ 9:18 a.m. C. Minty - Planning Administrative Assistant Ruth Nishikawa Ian Wallace Nancy Thompson

Regrets: Don Goltz Stewart Martin

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Thompson declared a conflict of interest re: item 7.c. Penley due to prior knowledge of the application.

3. Adoption of Minutes

c. A copy of the Minutes dated November 3, 2004, is attached.

Resolution Number: CA-01-24/11/2004

Member Grady – Member Ellis: Be it resolved that the minutes dated November 3, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/102/103/04/ML, Moore, Part of Lot 8, Concession 9, Lots 25 and 26, Plan M- 180, (Medora), 4-5-022-06. A verbal report was presented. This application was adjourned at the hearing held on November 3, 2004.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Minutes – Committee of Adjustment – November 24, 2004, Page #1 Minutes – Committee of Adjustment – November 24, 2004

Photographs were circulated to Committee.

Submissions were received as follows: i) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff inspected the property on October 28th, 2004. Both lots subject to the application have existing development consisting of a dwelling and docks. The proposed lot is very steep, more indicative of a Waterfront Residential (WR6) zone. Both lots will have 200 feet of frontage if approved. Other visible shoreline structures in the area consist of three two storey boathouses. Otherwise there are mainly single storey boathouses and docks.

Mr. Paul Donaldson, 1025, Unit 2 Appian Way, port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-02-24/11/2004

Member Grady – Member Ellis: Be it resolved that Consent be granted for Applications B/102/103/04/ML, (Moore), provided the following conditions are fulfilled:

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 is a change in lot lines only.

Pursuant to Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance.

Minutes – Committee of Adjustment – November 24, 2004, Page #2 Minutes – Committee of Adjustment – November 24, 2004 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).

Carried.

b. B/111/112/04/ML, Estate of Rebhun, Part of Silver Birches Island or Clareview Island, Lake Joseph, (Medora), 4-25-001. 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 20 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.

Staff noted both of the lots exceed the policy requirements and suggested that an exemption to the by-law be granted instead of a rezoning due to water quality concerns.

Mr. William Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Grimmett stated a fish habitat study should not be required and site plan control will protect the deer habitat as noted in the District comments.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Ms. Ghikadis stated if the property were to be rezoned, it would allow for future lots. Staff prefers an exemption to the by-law.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated there are two single storey boathouses on the proposed retained lot that are modest in size. Staff had no concerns with the boathouses.

Resolution Number: CA-03-24/11/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Applications B/111/112/04/ML, (Estate of Rebhun), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – November 24, 2004, Page #3 Minutes – Committee of Adjustment – November 24, 2004 and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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. 5. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and area. 6. The mainland access be confirmed.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

c. B/113/04/ML, 983057 Ontario Inc., Part of Lot 22, Concession 7, part of Part 1, Plan 35R-5215, (Monck), 9-4-059. 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 21 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) Letter from Jim Sword of the District Municipality of Muskoka, Jim Sword, Engineering and Public Works Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – November 24, 2004, Page #4 Minutes – Committee of Adjustment – November 24, 2004 iii) Memo received from Sandy Bos, Building Inspector. Ms. Ghikadis read the memo aloud, a copy of which is attached.

Staff noted the application is a separation of existing uses. The Rural policies do not address this division. There is a proposed condition that reflects the District comments regarding the second entrance. A portion of the property is zoned Rural Industrial (RuM1).

Mr. William Grimmett noted the second entrance has existed for a long time. Mr. Reiger will comply with only one entrance and the right-of-way has been applied for if needed. There is a defined area for the Rural Industrial (RuM1) zone and the applicant may require more land in the future for his business.

Mr. Michael Reiger attended the meeting.

In answer to Member Hare’s question, Mr. Grimmett stated the second entrance is located at the side lot line and curves around to the rear of the property. Mr. Reiger stated the second entrance was constructed prior to the purchase of the lot and they are currently using this access.

In answer to Member Ellis’ question, Mr. Grimmett stated a surveyor could confirm the area zoned RuM1.

Member Hare questioned the deer habitat area. Ms. Ghikadis stated the habitat encompasses the entire lands and beyond.

Committee requested a condition be added that a surveyor confirm the area zoned Rural Industrial (RuM1).

Member Thompson questioned the condition for the second entrance. Mr. Fahner noted it is a District of Muskoka matter. Ms. Ghikadis added the District would clear this condition.

Resolution Number: CA-04-24/11/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/113/04/ML, (983057 Ontario Inc., provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. Rezoning of the severed lot to allow new lot creation based on minimum lot frontage and area requirements. 4. The proposed severed lot be accessed by a right-of-way from the existing driveway access on the retained lot. 5. The mutual access be upgraded to commercial standards to the satisfaction of the District Municipality of Muskoka.

Minutes – Committee of Adjustment – November 24, 2004, Page #5 Minutes – Committee of Adjustment – November 24, 2004 6. The severed lot and retained lot being subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O.1990, as amended, respecting the location of wells on the property in relation to the Muskoka Road. 7. The second access be removed and the District Road Allowance be returned to its original condition. 8. The area zoned Rural Industrial (RuM1) be confirmed by a surveyor.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

6. Hearing of Consent Applications

a. B/105/04/ML, Campbell, Part of Lot 17, Concession F, Part 2, Plan 35R-3761, (Medora), 6-17-032-01. 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) Letter received from Charles Campbell requesting a copy of the Committee’s decision. A copy of the letter is attached.

Staff had no concerns with the application.

Mr. Don Oliver, 1019 Maplewood Road, Bracebridge, Ontario P1L 1W8 attended the meeting on behalf of the Campbell’s to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Minutes – Committee of Adjustment – November 24, 2004, Page #6 Minutes – Committee of Adjustment – November 24, 2004

Resolution Number: CA-05-24/11/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/105/04/ML, (Campbell), provided the following condition is fulfilled:

1. A registerable description (Deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary- Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

b. B/110/04/ML, Coutts, Part of Lot 8, Concession 9, Block A, Plan M-121, (Medora), 4-5-044. 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.

Staff noted the application would give legal rights to the abutting property in regards to accessing their property.

Mr. William Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Minutes – Committee of Adjustment – November 24, 2004, Page #7 Minutes – Committee of Adjustment – November 24, 2004 Resolution Number: CA-06-24/11/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/110/04/ML, (Coutts), provided the following condition is fulfilled:

1. A registerable description (Deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

c. B/114/04/ML, Wright, Part of Lot 27, Concession 13, Parts 1 and 3, Plan 35R- 17213, Part 1, Plan 35R-16934, (Medora), 4-18-083. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. 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.

iii) Letter was received from Janet Galizia. Ms. Ghikadis read the letter aloud, a copy of which is attached.

A photograph was circulated to Committee.

Staff commented the Official Plan has identified slopes on the property and a site visit confirmed this. Normally it would require increased frontages for slopes. Both of the proposed lots exceed the policies. The lot is more reflective of a Waterfront Residential (WR5) zone. There are numerous building sites on the Minutes – Committee of Adjustment – November 24, 2004, Page #8 Minutes – Committee of Adjustment – November 24, 2004 proposed severed lot. The lot is heavily forested with deciduous trees. Staff recommended the property be subject to site plan control as a condition of consent.

Ms. Megan Gauthier, 2255 Swallowdale Road, Huntsville, Ontario P1H 2J6 attended the meeting as agent for the applicant.

Mr. Dan Wright, 500 Queens Quay West, Suite 901W, Toronto, Ontario M5V 3K8 attended the meeting.

In answer to Member Pryke’s questions, Mr. Fahner stated the by-law requires frontage on a year round maintained road or a navigable waterway. If the applicant were to come back in for a future severance then the zoning could be dealt with at that time as the applicant has an opportunity to create another lot. This lake is not considered at capacity and it would be difficult to deny the application.

Ms. Gauthier stated a restrictive covenant states only four cottages are permitted in this area.

In answer to Member Nishikawa’s questions, Mr. Fahner stated development could be restricted through a by-law if Committee wishes. He also noted the District of Muskoka is testing the water on an ongoing basis.

In answer to Member Ellis’ question, Ms. Ghikadis stated the restrictive covenants applies to the entire lot and is a private agreement. Ms. Ghikadis noted the covenant states the development be restricted to residential only, a total four lots permitted and a 150 foot setback from the easterly boundary.

Member Pryke questioned the circulation area. Ms. Ghikadis confirmed any property owner within 200 feet of the property boundary was notified. She indicated that Mr. Paul Hutchinson was also notified.

Mr. Wright stated he is a member of the Bruce Lake Family Association (BLFA) and understands Committee’s concerns and noted the BLFA currently does water testing on the lake.

Member Nishikawa requested the property be rezoned to Waterfront Residential (WR5). Committee did not concur.

Resolution Number: CA-07-24/11/2004

Member Wallace – Member Thompson: Be it resolved that Consent be granted for Application B/114/04/ML, (Wright), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – November 24, 2004, Page #9 Minutes – Committee of Adjustment – November 24, 2004 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That the severed lot be made subject to site plan control. A letter requesting Council to pass a by-law should be forwarded by the applicant. 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.

Carried.

7. Hearing of Minor Variance Applications

a. A-65/04, Lennox, Part of Lot 8, Concession D, Part of Lot 18, Plan M-63, Parts 2 and 3, Plan 35R-2001, (Bala), 7-7-017. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Staff noted this property is not considered a building lot and would not recommend recognizing it as a building lot. The development was constructed circa 1956. It is a steep lot and this limits additions. The existing dwelling is located 39 feet from the water at the closest point. The porch is approximately 32 feet from the water and will be visible, however, the proposed location of the addition is appropriate and will have less impact than any other location. Lot coverage was noted to be 7.5%.

Photographs were circulated.

Mr. Charlie Lennox, 223 River Oaks Blvd., East, Oakville, Ontario L6H 5N3 attended the meeting. He noted there would be no tree removal as the proposed would be located on an existing deck and will blend well into the existing cottage.

No one else attended the meeting in support of or in opposition to the application.

Minutes – Committee of Adjustment – November 24, 2004, Page #10 Minutes – Committee of Adjustment – November 24, 2004 Resolution Number A-08-24/11/2004

Member Nishikawa – Member Thompson: Be it resolved that Application A-65/04, Lennox, to allow for the construction of an addition (roof and screen in an existing deck) which is to be 32 feet from the high water mark and a dwelling to be a minimum of 618 square feet, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

b. A-69/04, Connolly, Part of Lot 35, Concession 3, Parts 1-4, Plan 35R-19748, Parts 1 and 3, Plan 35R-19821, (Monck), 5-6-075. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Staff noted the location of the garage is the issue. The contours of the land limit the location of development. According to the information supplied, lot coverage is less than 9%. There will be no impacts and staff recommended approval.

Mr. William Frisque, 19020 McCowan Road, Mount Albert, Ontario L0G 1M0 attended the meeting as agent for the applicant. He noted the placement of the garage was limited due to the utility line and the topography of the land. Mr. Frisque circulated photographs of the property.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Ms. Ghikadis stated the Carr property abuts the subject land at the rear and noted it is a large land holding. There is a dwelling located on the Carr property but the terrain mitigates any impact. Resolution Number CA-09-24/11/2004

Member Nishikawa – Member Thompson: Be it resolved that Application A-69/04, Connolly, to allow for the construction of a garage which is to be 4 feet (at the closest point) from the rear lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment – November 24, 2004, Page #11 Minutes – Committee of Adjustment – November 24, 2004 REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that there would be no impact on neighbouring properties. The location of the garage is the best area on the lot due to terrain constraints, the existing right-of-way and utility line. c. A-70/04, Penley, Part of Lot 21, Concession 12, Part 1, Plan 35R-9089, (Watt), 2-26-014-01. A verbal report was presented.

Member Thompson removed herself from the discussion due to a conflict of interest.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

A letter was received from the applicant that was signed by the neighbours in support of the application. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff noted it is a deep lot, impact is none, and the property behind is vacant. Staff felt the application is a true minor variance.

Ms. Pamela Penley, RR #1, Utterson, Ontario P0B 1M0 attended the meeting to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number CA-10-24/11/2004

Member Grady – Member Nishikawa: Be it resolved that Application A-70/04, Penley, to allow an existing garage to be 17 feet from the rear lot line, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

Minutes – Committee of Adjustment – November 24, 2004, Page #12 Minutes – Committee of Adjustment – November 24, 2004 d. A-71/04, Oatley, Part of Cameron Island, Lake Joseph, (Medora), 4-25-029-12. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.

• Margo Coleman • Marie Poirier

Photographs were circulated to Committee.

Staff noted the previous application was for 62 feet in length, the proposed is now 54 feet for a curved deck on the boathouse. This reduction is acceptable in staff’s opinion. In reviewing the photographs, staff is unsure as to why access is needed over the newly constructed dock.

No one else attended the meeting in support of or in opposition to the application.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for Mr. Booth (neighbour). Ms. Walton noted that Mr. Booth has concerns with lighting of the boathouse. They have approached Mr. Oatley and requested that he enter into an agreement regarding lighting.

Mr. Booth, 16419 Kennedy Road, Caledon, Ontario L0M 1C0 attended the meeting with concerns of the lights of the boathouse.

In answer to Member Nishikawa’s question, Ms. Ghikadis confirmed that new lots require 300 feet. The applicant has 590 feet of frontage. Mr. Fahner added that a by-law restriction could be imposed as a condition if Committee wishes to prohibit severance possibilities.

Member Thompson requested staff detail the building permit history and status when the application returns.

In answer to Member Pryke’s question, Mr. Fahner stated the length of the boathouse is for cosmetic reasons.

Ms. Walton requested notification when the application is to return to Committee.

In her letter, Ms. Poirier requested that this application be deferred to the meeting in December. Committee concurred to adjourn the hearing. e. A-72/04, Agudath Israel of Toronto, (Camp Agudah), Part of Lot 26, Concessions 1 and 2, (Medora), 4-20-005. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 14 days prior.

Minutes – Committee of Adjustment – November 24, 2004, Page #13 Minutes – Committee of Adjustment – November 24, 2004

A photograph was circulated.

Drawings were circulated to Committee. A copy of which is attached.

Staff noted that Henshaw Lake is at capacity. There are no provisions for lot coverage or setbacks. The normal front yard setback is 100 feet for lakes at capacity. The proposed addition is approximately 500 feet back and staff had no objection to the application.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton noted the applicants had put in a new septic system and the proposed development is well setback.

Mr. Saul Anisfeld, Agudath Israel of Toronto, attended the meeting.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Mr. Fahner stated Planscape submitted detailed calculations of structures. There is 279 square feet of development remaining and nothing further is allowed on the front of the property.

Resolution CA-11-24/11/2004

Member Hare – Member Grady: Be it resolved that Application A- 72-04, Agudath Israel of Toronto, to allow for the construction of an addition to the existing gymnasium in a Waterfront Commercial (WC) Zone, as shown on the plan attached to the Notice of Decision, is hereby granted.

Carried.

8. Correspondence

9. Unfinished Business

a. Change of Condition, B/99/03/ML, Donaldson, (formerly DuVernet), Part of Lots 33 and 34, Concession 2, (Watt), 2-8-029. A verbal report was presented.

Mr. Fahner stated this matter is technical and the applicant wants the backlands to be added to the front. They were both to be severed lots but now we are going to treat it as a lot addition.

Minutes – Committee of Adjustment – November 24, 2004, Page #14 Minutes – Committee of Adjustment – November 24, 2004 Mr. Paul Donaldson, 1025, Unit 2 Appian Way, Port Carling, Ontario P0B 1J0 attended the meeting.

Mr. William Grimmett, Box 365, Port Carling, Ontario P0B 1J0 attended the meeting.

In answer to Member Nishikawa’s question, Mr. Fahner stated that the lot in question could not be further divided.

Resolution Number: CA-12-24/11/2004

Member Thompson – Member Hare: Be it resolved that decision of the Committee of Adjustment dated February 4, 2004 for Application B/99/03/ML, (DuVernet/Donaldson) is hereby amended.

Condition Number 7 is added:

7. That Section 50(3) of the Planning Act applies to any subsequent conveyance of or transaction involving theparcel of land that is subject to this consent.

EXPLANATION OF CHANGES: This is a technical requirement in order to have lands added to the severed lot. The lands to be added are described in B/100/03/ML.

Carried.

10. New Business

11. Statistics

12. Adjournment

Resolution Number: CA-13-24/11/2004

Member Thompson – Member Hare: Be it resolved that the meeting adjourn at 10:59 a.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – November 24, 2004, Page #15 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Thursday, December 15, 2004, 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 Brian Hare A. Ghikadis - Development Planner Mary Grady A. Glazier - Committee of Adjustment Administrator Susan Pryke arr @ 9:40 a.m. C. Minty - Planning Administrative Assistant Ruth Nishikawa Ian Wallace Nancy Thompson Don Goltz left @ 11:45 a.m. Stewart Martin

Regrets:

1. Meeting Called to Order

Chair Fairfield called the meeting to order at 9:00 a.m.

2. Declaration of Conflict of Interest

Member Hare declared a conflict of interest re: Item 6.b., The Port of Call Incorporated.

3. Adoption of Minutes

a. A copy of the Minutes dated November 24, 2004, is attached.

Resolution Number: CA-01-12/15/2004

Member Hare – Member Grady: Be it resolved that the minutes dated November 24, 2004 be adopted and approved as circulated.

Carried.

4. Delegations

a. Mr. N.B. Roche, Agent, attended the meeting re: Item 9.a., Unfinished Business, Brockton Capital Corporation.

b. Mr. John Purkis attended the meeting re: Item 10.a., New Business, Purkis.

5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications)

a. B/115/04/ML, Burgess, Part of Burgess Island, Lake Joseph, (Medora), 4-24-035. A verbal report was presented.

Minutes – Committee of Adjustment – November 24, 2004, Page #1 Minutes – Committee of Adjustment – December 15, 2004 Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 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. iii) Sketch received from John Hiley, OLS, showing an amending lot line and area adjustments, a copy of which is attached.

Staff noted the zoning is Waterfront Residential (WR). An exemption must be granted as no new lot can be created in this zone. A revised sketch was submitted and staff had no concerns with the lot line adjustment, as there are good building and septic sites. Staff is, however, concerned with access to the proposed severed lot. Mr. Bos had recommended that a right-of-way of obtained over the retained lands to the severed lot for the purpose of maintenance to the septic system. Staff concurred with this recommendation. As per the District’s recommendations, staff felt that site plan control would address any concerns.

Mr. John Hiley, OLS, 6 Dominion Street, Unit 2, Bracebridge, Ontario P1L 2A6 attended the meeting as agent for the applicant. Mr. Hiley was not aware of any access issues but agreed the condition could be added provided it states “if needed”.

No one attended the meeting in support of or in opposition to the application.

Resolution Number: CA-02-15/12/2004

Member Grady – Member Hare: Be it resolved that Consent be granted for Application B/115/04/ML, (Burgess), provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lots be submitted to the Secretary-Treasurer along with a registered copy of the reference plan, if required. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree 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.

Minutes – Committee of Adjustment – December 15, 2004, Page #2 Minutes – Committee of Adjustment – December 15, 2004 5. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage. 6. The mainland access be confirmed. 7. Access to the severed lot be obtained via a right-of-way across the retained lot or the applicant confirm a suitable location to permit barge access for construction/equipment and maintenance purposes.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. b. B/116/04/ML, Pomfrey, Part of Lots 23, Concession 8, Lot 26, 27, 63, 64, Plan 6, (Wood), 6-5-006. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 23 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.

iii) Letter from the applicant requesting notification. A copy of the letter is attached.

Staff noted that in 1975 a deeming by-law was passed that merged 37 lots. This reduced the lots in the area to 17 properties. The subject property was comprised of four separate lots. The applicant has applied for a technical severance. There are no policies regarding technical severances. Lots in the Communities are generally higher in density. The proposed lots are similar size and in character with the area. There is existing development on the retained lot. The proposed severed lot is vacant and there are good building and septic sites.

Minutes – Committee of Adjustment – December 15, 2004, Page #3 Minutes – Committee of Adjustment – December 15, 2004

Ms. Margaret Pomfrey, 1004 Elizabeth Street, Torrance, Ontario P0C 1M0 attended the meeting. She noted that she intends to sell the severed lot.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Grady’s question, Ms. Ghikadis stated she was unaware of any other technical severances in the area.

In answer to Member Nishikawa’s question, Mr. Fahner stated that cash-in-lieu of parkland is a condition as the deeming by-law took place in 1975. Staff feels that property mergers prior to 1988 should not be considered technical.

Resolution Number: CA-03/15/12/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/116/04/ML, (Pomfrey) provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot area.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

6. Hearing of Consent Applications

a. B/104/04/ML, Hewgill, Part of Horseshoe Island, Lake Muskoka, Part 1, Plan 35R-2759, (Medora), 4-22-066. A verbal report was presented.

Minutes – Committee of Adjustment – December 15, 2004, Page #4 Minutes – Committee of Adjustment – December 15, 2004

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. iii) Sketch received from Brooke Chapple, OLS, showing an amending lot line and area adjustments, a copy of which is attached.

Staff noted that the lots comply with the zoning by-law and the official plan. Cash- in-lieu of parkland was paid previously on the severed lot (as opposed to the entire lands) and, therefore, is required again. There is Type 2 (General) fish habitat and staff had no concerns regarding the application.

Mr. Don Hewgill, 150 Cedar Island Road, Suite 109, Orillia, Ontario L3V 1T1 attended the meeting. Mr. Hewgill is dividing the lands for estate purposes. They intend to construct a 1200 square foot dwelling on the severed lot. As for the deer habitat, he noted the deer traverse but do not graze in this location.

No one attended the meeting in support of or in opposition to the application.

Committee had no questions.

Resolution Number: CA-04/15/12/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/104/04/ML, (Hewgill) provided the following conditions are fulfilled:

1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That the severed lot be made subject to site plan control. A letter requesting Council to pass a by-law should be forwarded by the applicant.

Minutes – Committee of Adjustment – December 15, 2004, Page #5 Minutes – Committee of Adjustment – December 15, 2004 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.

Carried.

b. B/117/04/ML, The Port of Call Incorporated, Part of Lot 30, Concession 4, Parts 1-4, 12, 13, 14-27, Plan 35R-10935, (Port Carling), 5-3-071. A verbal report was presented.

Member Hare declared a conflict of interest to this application.

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.

Staff noted the zoning on the property is Community Commercial (C4). New lots require 150 feet of road frontage. The proposed retained lot does not have the necessary frontage requirements, therefore, an exemption is needed. In the draft Community By-law there is no requirement for road frontage if a property has frontage on a navigable waterway. It was noted the C4 zone is subject to site plan control.

Mr. Wayne Simpson, 11 Centre Street South, Suite 102, Huntsville, Ontario P1H 1W4 attended the meeting as agent for the applicant. The proposed use of the severed lot is not known at this time, however it is zoned for commercial uses. There is a provision in the lease excluding grocery store from the proposed severed lot. He also noted the drainage course will be protected and a traffic study will be done.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Goltz’s question, Mr. Simpson stated the snowmobile trail goes across the corner of the subject lands and they would accommodate the trail if Committee wishes.

Minutes – Committee of Adjustment – December 15, 2004, Page #6 Minutes – Committee of Adjustment – December 15, 2004

Member Pryke could not vote on this, as she did not hear the submissions regarding this application.

Resolution Number: CA-05/15/12/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/117/04/ML, (The Port of Call Incorporated), 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 2% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage on the retained lot. 4. That the lands be subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., as amended, respecting intersection improvements at Muskoka Road #118.

REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried.

c. B/118/04/ML, Geist, Part of Lot 36, Concession 7, Parts 4-6, Plan 35R-17359 and Part of Lots 37 and 38, Concession 7, Parts 1-4, Plan 35R-5699, Part 1, Plan 35R-12049, (Bala), 7-1-009, 7-1-008-02. 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 15, 2004, Page #7 Minutes – Committee of Adjustment – December 15, 2004 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.

Staff noted this is a strangely configured lot with respect to frontages and by-law zones. There is a cottage and an accessory structure located on the property. The retained lot is a building lot and the application will not change its status. Ms. Ghikadis reviewed the zoning map, indicating the locations of the General Restricted, Open Space, Rural Residential and Waterfront Residential zones. It was noted there are residential development rights approximately 2000 feet back from the road.

Mr. Terry Fraser, 55 Church Street, Parry Sound, Ontario P2A 1Y8 attended the meeting as agent for the applicant to answer any questions. He noted there is good access to the highway.

Ms. Eleanor Kee-Wellman, Box 823, Bala, Ontario P0C 1A0 attended the meeting in support of the application. She noted concerns with her existing right- of-way agreement and stated this should be acknowledged.

No one else attended the meeting in support of or in opposition to the application.

Mr. Fahner stated the road access is a private matter and the right-of-way, if deeded, will not affect the application or the status of the right-of-way. Mr. Fraser stated he has not completed a title search on the property, but noted that if there were a registered right-of-way, it would remain on title.

In answer to Member Nishikawa’s questions, Ms. Ghikadis stated the District had verbally indicated that access is suitable. Member Pryke added the snowmobile trail does not affect this application.

Resolution Number: CA-06-15/12/2004

Member Ellis – Member Grady: Be it resolved that Consent be granted for Application B/118/04/ML, (Geist) provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – December 15, 2004, Page #8 Minutes – Committee of Adjustment – December 15, 2004 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.

Carried. d. B/119/04/ML, 1229062 Ontario Limited, Part of Lots 28 and 29, Concession 3, Part 2, Plan 35R-14756, (Port Carling), 5-3-089. 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.

Staff noted the subject property is in the Urban Centre and is zoned Highway Commercial (C4). The applicant wishes to separate the restaurant from the motel and retain a right-of-way across the severed land. A previous application was granted but had lapsed.

Ms. Terry Anderson, Box 495, Port Carling, Ontario P0B 1J0 attended the meeting. Ms. Anderson stated they intend to sell the restaurant. She noted that they have hooked up to municipal sewer and water.

No one else attended the meeting in support of or in opposition to the application.

Mr. Fahner stated that in terms of a right-of-way, most of the traffic flow comes in off District Road 118 and Committee could impose this as a condition, but the applicant should agree with this. Ms. Anderson indicated they wish to have the right-of-way included.

Committee questioned the access off District Road 26. Mr. Fahner stated there should be some upgrading (ie. paving) of the access. However, this would be up to the applicant and the District to determine.

Resolution Number: CA-07-15/12/2004

Member Martin – Member Wallace: Be it resolved that Consent be granted for Application B/119/04/ML, (1229062 Ontario Limited) provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – December 15, 2004, Page #9 Minutes – Committee of Adjustment – December 15, 2004 1. A registerable description (Deed) of the severed lot be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. The lands are subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., as amended, respecting: i) The installation of separate individual municipal water and sewer connection services for both the retained and severed lots; ii) An entrance permit for the proposed severed lot onto the District Road and upgrading of the entrance to the proposed severed lot. 3. That parking for the severed and retained lots is provided to the satisfaction of the Township. 4. That a right-of-way be provided across the retained lot in favour of the severed 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.

Carried.

7. Hearing of Minor Variance Applications

a. A-71/04 – Amended, Oatley, Part of Cameron Island, Lake Joseph, (Medora), 4- 25-029-12. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 20 days prior.

Photographs were circulated to Committee.

Submissions were received as follows:

i) Letter was received from Timothy A. Chisholm, Ms. Ghikadis read the letter aloud, a copy of which is attached.

Minutes – Committee of Adjustment – December 15, 2004, Page #10 Minutes – Committee of Adjustment – December 15, 2004 ii) Letter from Timothy A. Chisholm requesting notification, a copy of which is attached.

Staff noted the previous application was for a boathouse that extended 62 feet in length. The proposed is now 54 feet with a curved deck on the boathouse. This reduction is acceptable in staff’s opinion. Staff is unsure as to why access is needed over the newly constructed dock.

Committee had requested from the last meeting the status of building permits. Ms. Ghikadis confirmed that 10 building permits were obtained for the development except the small dock along the shoreline.

Ms. Marie Poirier, 1014 Reid Lane, Lake of Bays, Ontario attended the meeting as agent for the applicant. Ms. Poirier stated the applicant had cut 12 feet off the end of the boathouse reducing the length into the water. There would be no visual impact to construct the balcony on the second storey of the boathouse. She noted liability issues with respect to the access to the boat slips, as the entrance is located at the side of the boathouse. The applicants had placed a “bumper extension” to the existing dock that is four feet wide. This part of the dock, according to the applicant, was included in the building permit. Township staff had advised, for by-law purposes, this small dock is included in the cumulative width calculations. The applicant has 590 feet of shoreline frontage. An Ontario Land Surveyor has verified dimensions. The survey indicates the length of dock is over by three feet. It was not a deliberate attempt to violate the by-law. Due to the method used to determine the 66 foot line (parallel to the high water mark) the dock projects out 69 feet. They will comply with the dark sky guidelines. Ms. Poirier felt the application is minor in nature and respectfully requested approval.

Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for Hope Thompson, Margaret Coleman and George Booth. She felt the boathouse is too wide, too high and too long and is a complete disregard to the by-law. Lighting is a major issue. She noted an agreement for lighting was drafted. The applicants have indicated they now have no interest in entering into an agreement. In her opinion, the application does not meet the criteria for a minor variance.

Mr. George Booth, 16419 Kennedy Road, Caledon, Ontario L0M 1C0 attended the meeting with concerns to the lighting of the boathouse.

Mr. Jack Fenn, 1085 Whiteside Road, Port Carling, Ontario P0B 1J0 attended the meeting in objection to the application on behalf of the Muskoka Lakes Association. He requested that Committee enforce the by-law.

In answer to Member Pryke’s question, Mr. Fahner indicated an agreement for lighting could be imposed under Section 45(9) of the Planning Act (conditions in decision).

Member Martin questioned if the application could be partially approved. Chair Fairfield stated that it could be partially approved if Committee wishes.

In answer to Member Nishikawa’s question, Ms. Ghikadis confirmed the small dock, that impacts the cumulative width, was recently constructed.

Minutes – Committee of Adjustment – December 15, 2004, Page #11 Minutes – Committee of Adjustment – December 15, 2004 Ms. Hope Thompson, 8 Englewood Drive, Toronto, Ontario attended the meeting in opposition to the application. She noted concerns with lighting.

Ms. Poirier indicated she has the dark sky guidelines from the District of Muskoka and her clients would comply.

Member Nishikawa agreed with the boathouse extension and the height variance, but would like the small dock removed and did not agree with the balcony. Members Hare, Grady and Martin concurred.

In answer to Member Thompson’s question, Mr. Fahner stated staff had supported the last application and felt the applicants are trying to come closer to compliance. He noted it is a small dock extension.

Member Ellis concurred with Member Nishikawa. She also felt the applicant could comply with dark skies.

Member Wallace could not support the additional height and would like to see the shoreline dark sky friendly.

Member Nishikawa requested no lighting in the cupola. Mr. Fahner stated Committee could impose this condition but enforcement would be difficult. Committee agreed to impose a condition.

Committee concluded that they would only approve of the length of the dock and the height of the boathouse.

Resolution Number CA-08-15/12/2004

Member Wallace – Member Thompson: Be it resolved that Application A-71/04 – Amended, Oatley, to allow a dock to extend 69 feet from the high water mark and to allow a boathouse to be 25 feet 11 inches in height, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a satisfactory site plan agreement being entered into requiring no lighting in the boathouse cupola and full cutoff lighting on the exterior of the boathouse.

Carried.

CONDITIONS: That a satisfactory site plan agreement be entered into requiring no lighting in the boathouse cupola and full cutoff lighting on the exterior of the boathouse.

REASONS FOR DECISION: It is the opinion of the Committee that the extension of the dock and the height of the boathouse is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that height is only a small increase as to what is required and only a portion of the docks extends the maximum required due to the irregular shape of the shoreline. Please note the Committee did not support the request to allow a

Minutes – Committee of Adjustment – December 15, 2004, Page #12 Minutes – Committee of Adjustment – December 15, 2004 boathouse to extend 54.5 feet from the high water mark and to allow a total cumulative wide of docks and boathouse to be 89.15 feet as these items could have complied with the by-law.

b. A-73/04, Ware, Part of Lot 10, Concession 4, Parts 1 and 2, Plan 35R-16233, (Wood), 8-7-061, 8-5-004. A verbal report was presented.

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.

Photographs were circulated to Committee.

Staff inspected the property. It is steep and the proposed development is well setback and is buffered by conifer trees. The shed is two storey and slopes limit the placement of the structure. In staff’s opinion, it is the least obtrusive location on the property.

Mr. Rob Ware, 225 Saunders Road, Barrie, Ontario L4M 6E7 attended the meeting on behalf of his father to answer any questions.

In answer to Member Martin’s question, Ms. Ghikadis confirmed that a building permit was issued for the structure.

In answer to Member Nishikawa’s question, Ms. Ghikadis stated accessory structures are limited to 20 feet in height.

Resolution Number CA-09-15/12/2004

Member Wallace – Member Goltz: Be it resolved that Application A-73/04, Ware, to allow a shed to be 25 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted due to the slopes on the property only the “front” portion does not comply. There is some tree cover in front of the shed minimizing the impact on the waterfront. The shed is well set back from the water.

c. A-74/04, Teeple, Part of Lot 15, Concession 14, Part 1, Plan 35R-14654, (Wood), 8-12-043. A verbal report was presented.

Minutes – Committee of Adjustment – December 15, 2004, Page #13 Minutes – Committee of Adjustment – December 15, 2004 Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 13 days prior.

Photographs were circulated to Committee.

No submissions were received.

Staff did not inspect property due to the time of year and location of the property. The proposed addition would be closer to the water and the additions will double the size of the cottage. There are limited locations for the additions due to the steep exposed rock face. The size could be reduced, however, there are issues with the floor plan that the applicant may wish to address. The deck does match the existing building line and there would be no tree removal required. There is little opportunity to plant additional trees due to the rock.

Mr. Larry Teeple, Box 1118, 40 Rodcliff Road, Tottenham, Ontario L0G 1W0 attended the meeting. The existing cottage is 24 x 20 feet. They intend to construct a second storey loft design that would soften the visual impact. There is good buffering from the neighbours and there are physical constraints due to the leaching pit and the rock.

No one else attended the meeting in support of or in opposition to the application.

In answer to Member Thompson’s question, Ms. Ghikadis noted the shed, located five feet from water, was not applied for but staff included it in the application. It was noted the shed did not require a building permit. Mr. Teeple indicated it is used as a storage shed.

In answer to Member Thompson’s question, Mr. Teeple stated it would be a hardship to come back one foot. Due to the shape of the shoreline it would be removing approximately four feet off the addition.

Resolution Number CA-10-15/12/2004

Member Goltz – Member Wallace: Be it resolved that Application A-74/04, Teeple, to allow for the construction of an addition to an existing dwelling 24 feet from the high water mark and to allow a deck to be 20 feet from the high water mark and to allow a shed 5 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – December 15, 2004, Page #14 Minutes – Committee of Adjustment – December 15, 2004 d. A-75/04, Drabinsky, Part of Lot 14, Concession 6, Parts 1 and 2, Plan 35R- 19158, (Monck), 9-2-05201. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Notice of the Hearing was circulated 13 days prior.

A letter was received from Greg Evans on behalf of Marie Evans. Ms. Ghikadis read the letter aloud, a copy of which is attached.

Staff did not inspect the property. Staff generally does not support applications beyond 10% especially for additional habitable space.

Mr. Wayne Simpson, 11 Centre Street South, Suite 102, Huntsville, Ontario P1H 1W4 attended the meeting as agent for the applicant. Mr. Simpson stated this lot was created in 1998 by consent. The property was developed prior to the calculation of lot coverage within the first 200 feet from the high water mark. There are no accessory buildings on the property. A building permit is issued for a one storey boathouse. The applicant would like a sleeping cabin and additional space to store marine related equipment. Photographs were circulated to Committee. The boathouse is to be constructed on existing docks and there are no neighbouring concerns. He felt the application is minor in nature and requested Committee to consider approval.

Mr. Drabinsky, c/o 478 Spadina Avenue, Toronto, Ontario M5P 2W8 attended the meeting.

In answer to Member Pryke’s question, Mr. Simpson indicated the applicant wishes to cover the second slip of the dock.

In answer to Member Hare’s question, Mr. Simpson stated the boathouse extends out 44 feet. He reviewed the drawings with Committee. Member Hare offered his support.

Member Nishikawa questioned the upper floor decking. Mr. Simpson stated there are no covered decks and the habitable space is 650 square feet. Mr. Fahner indicated the Waterfront Density by-law is proposing to change the upper floor roof coverage of boathouse.

Ms. Ghikadis requested the applicant’s agent provide staff with a copy of the drawings to attach to the notice of decision, if approval is given.

Committee discussed and agreed to adjourn the application so the applicant can reduce the lot coverage down to 11%.

ADJOURNED.

e. A-76/04, Paul Comission, Part of Lots 31 and 32, Part Lot 96, Plan 1, (Port Carling), 5-7-001. A verbal report was presented.

Ms. Ghikadis explained the history, nature and location of the application/property.

Minutes – Committee of Adjustment – December 15, 2004, Page #15 Minutes – Committee of Adjustment – December 15, 2004 Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Staff noted the draft Community By-law is proposed to increase height limit in the Community to 35 feet. A building permit has been issued for a structure which complies. The development is in line with the neighoburing property and is an improvement to the setback from the existing dwelling.

Ms. Morgan Pellan, P.O. Box 278, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.

No one else attended the meeting in support of or in opposition to the application.

Resolution Number CA-11-15/12/2004

Member Martin – Member Thompson: Be it resolved that Application A-76/04, Comission, to allow for the construction of a dwelling in which a portion is to be 32.5 feet in height and 13 feet from the front lot line/road.

Carried.

8. Correspondence

9. Unfinished Business

a. B/77/04/ML, Brockton Capital Corporation, Lots 26, 27 and 28, Concessions 11 and 12, (Watt), 2-26-024. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property. The application was for one additional lot. It is a requirement from the Ministry of Natural Resources for the septic system to be 300 metres away from a trout lake. The Pinestone Engineering report addressed the septic system requirements. Mr. Bos and the District of Muskoka had no concerns.

Mr. Nick Roche, Box 990, Bracebridge, Ontario, P1L 1T5 attended the meeting as agent for the applicant to answer any questions.

In answer to Member Wallace’s question, Mr. Roche stated the Ministry of Natural Resources had no concerns.

Minutes – Committee of Adjustment – December 15, 2004, Page #16 Minutes – Committee of Adjustment – December 15, 2004 Resolution Number: CA-12-15/12/2004

Member Thompson – Member Wallace: Be it resolved that Consent be granted for Application B/77/04/ML, (Brockton Capital Corporation) provided the following conditions are fulfilled:

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.

Carried.

b. Change in Conditions, B/84/04/ML, Devens, Part of Lots 32 and 33, Concession 13, (Medora), 4-16-017-01. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property. Mr. Fahner stated when approval was given, Committee did not impose the general condition regarding septic systems. There are now septic issues and Mr. Bos had requested a condition be imposed for the septic system.

In answer to Member Hare’s question, Mr. Fahner stated this is an amended decision and the conditions must be fulfilled by August, 2005.

Resolution Number: CA-13-15/12/2004

Member Ellis – Member Grady: Be it resolved that the decision of the Committee of Adjustment dated August 11, 2004, for Application B/84/04/ML, (Devens), is hereby amended.

Condition Number 2 is added:

Minutes – Committee of Adjustment – December 15, 2004, Page #17 Minutes – Committee of Adjustment – December 15, 2004 2. The sewage system serving the retained lot be repaired prior to approval of the severance.

EXPLANATION OF CHANGES: Upon review of the report from the building inspector of sewage systems, it was found that the existing system needs repair and the general condition regarding sewage systems was not imposed in the original decision.

Please note that the conditions imposed in the original Notice of Decision and this Amended Decision are in effect and must be fulfilled by August 13, 2005.

Carried.

c. Possible Clearance of a Condition, B/92/04/ML, Martin, Part of Lot 30, Concession 1, (Medora), 4-21-005. A verbal report was presented.

Mr. Fahner explained the history, nature and location of the application/property. He noted that there was a concern with the wetland. There were concerns from the neighbour’s regarding the waterflow and a condition was added that the applicant obtain more information by a qualified person. Muskoka Engineering confirming the proposed would not compromise the flora or fauna and the runoff and waterflow will not be affected. In staff’s opinion, there should be some account of rainfall events and sediment mitigation. Mr. Fahner stated the engineer’s letter is not adequate.

Mr. Stephen Curry, RR # 3, Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Curry attended the site but did not feel he was qualified to speak on these issues. He received entrance approval from the District of Muskoka. Mr. Curry circulated copy of the engineering report and survey. A copy of which is attached.

Member Hare stated Mr. Curry has provided what Committee has requested. He knows the property very well and does not think it is a problem and supported the removal of the condition.

Member Nishikawa commented that she was satisfied with the comments.

Mr. Fahner noted that the Township is waiting for the comments from the District with respect to the road encroachments.

Committee agreed to clear the condition based on the information that was submitted.

10. New Business

a. B/58/03/ML, Purkis, Part of Lot 14, Concession B, Lot 281, Plan 1, (Bala), 7-9- 007. A verbal report was presented.

Mr. Fahner explained to Committee that the application has lapsed and the applicant was hoping to re-apply without any costs.

Mr. William John T. Purkis, Box 210, Bala, Ontario P0C 1A0 attended the meeting. Mr. Purkis noted he had fulfilled all of the conditions then he received the cash-in-lieu of parkland back and a letter stating the application had lapsed.

Minutes – Committee of Adjustment – December 15, 2004, Page #18 Minutes – Committee of Adjustment – December 15, 2004 He also noted he had to apply for a minor variance with respect to the insufficient lot frontage when the survey was prepared.

Mr. Fahner stated the cash-in-lieu of parkland was received after the application had lapsed and a cheque was refunded to the applicant.

Member Nishikawa questioned the timeline. Mr. Fahner stated according to the Planning Act, approval is void if the conditions are not fulfilled after one year. Member Pryke stated the applicant has no choice but to re-apply. Committee agreed that the applicant should resubmit an application with a $400.00 fee to cover administration costs.

11. Statistics

12. Adjournment

Resolution Number: CA-14-15/12/2004

Member Ellis – Member Grady: Be it resolved that the meeting adjourn at 12:46 p.m.

Carried.

Chair, Adele Fairfield Stephen Fahner, Secretary - Treasurer

Minutes – Committee of Adjustment – December 15, 2004, Page #19