2008 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 Monday, January 21st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards D. Pink - Senior Planner Karen Ellis M. Ellis - Development Planner Susan Pryke A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-21/01/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 11, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated December 10, 2007, is attached.

Resolution Number: CA-02-21/01/2008

Member Pryke– Member Ellis: Be it resolved that the minutes dated December 10, 2007, be adopted and approved as amended.

Carried.

Committee directed staff to include further information within item 8.e. in regards to parking, also Pam Smith should be changed to Pam McDivitt.

5. Delegations

a. Ms. Angela Ghikadis, Agent, attended at 11 a.m. re: Item 10.a., Unfinished Business, Hood.

b. Ms. Nancy LeBlanc, Agent, and Ms. Jean Polak, Agent, attended at 11:15 a.m., re: Item

Minutes – Committee of Adjustment – January 21, 2008 Page 2 of 11

10.b., Unfinished Business, Gilbert and Guest.

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

a. None.

7. Hearing of Consent Applications

a. B/86/07/ML, Kirbyson, Part of Lots 34 and 35, Concession 1 (Watt), 2-7-001.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V2, attended the meeting. Mr. Roche indicated the well has been in use for many years. This will provide a legal easement.

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

Resolution Number: CA-03-21/01/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/86/07/ML, (Kirbyson), provided the following conditions are fulfilled:

1. A registerable description (deed) of the 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/87/88/07/ML, Peat, Part of Lot 58, Concession B (Cardwell), 1-1-037.

Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis indicated the posting of the property requirements set out in the Planning Act were not met as the sign was not posted at least 14 days prior to the hearing.

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

Minutes – Committee of Adjustment – January 21, 2008 Page 3 of 11

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated the applicant, Mr. Peat and neighbour Mr. Crawford were present.

Committee directed this application to be re-circulated, as it was not circulated in accordance with the Planning Act. This could jeopardize any decisions made on this application.

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

A Lot Development Package was made available to the applicants. c. B/89/07/ML, Spence, Part of Lot 5, Concession B, Plan 35R-8392, Tobin’s Island, Lake Rosseau (Medora), 4-27-031.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

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

Committee questioned if this property could be severed again, and if granted, could shoreline development be restricted.

Mr. Fahner indicated a further severance applications would be reviewed on their merits when they are received. The lands meet the requirements of the current zoning by-law.

Resolution Number: CA-04-21/01/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/89/07/ML, (Spence), 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. d. B/90/07/ML, Wood, Part of Lot 34, Concession 4, Part 1, Plan 35R-4547, Part 3, Plan

Minutes – Committee of Adjustment – January 21, 2008 Page 4 of 11

35R-17754 (Cardwell), 1-3-090-01.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

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

Committee had no questions.

Resolution Number: CA-05-21/01/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/90/07/ML, (Wood), 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.

8. Hearing of Minor Variance Applications

a. A-87/07, Tipping, Part of Lot 8, Concession 2, Parts 7, 8, 12 and 17, Plan 35R-20709 (Cardwell), 1-3-090-01.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Savas Varadas, Agent, Wayne Simpson and Associates, 11 Centre St., Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Varadas indicated he concurred with staff’s report. Mr. Varadas stated the property contains a small inlet where the setback is unable to be met.

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

Committee noted the removal of the deck was an improvement.

Resolution Number: CA-06-21/01/2008

Minutes – Committee of Adjustment – January 21, 2008 Page 5 of 11

Member Ellis– Member Edwards: Be it resolved that Application A-87/07, Tipping, to permit the reconstruction of a dwelling that is to be 26.5 feet from the high water mark, 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 only a portion of the proposed structure encroaches, the setback has been increased as to what was existing and the tree cover is to be maintained.

b. A-88/07, Mathers, Part of Lot 34, Concession 2, Parts 1-14, Plan 35R-9926 (Watt), 2-7- 018.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Linda Mathers, Applicant, RR #1, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Mathers indicated concern of the safety of the current deck, noting the railings do not meet current Building Code. She explained this is an opportunity to reconstruct the deck with added privacy without removing any trees or natural vegetation.

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

Committee had no questions.

Resolution Number: CA-07-21/01/2008

Member Ellis– Member Edwards: Be it resolved that Application A-88/07, Mathers, to permit the reconstruction and enlargement of an existing deck 40 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

c. A-89/07, Harding, Part of Lot 33, Concession 14, Parts 5 and 6, Plan 35R-16911 (Watt), 2-27-054-02.

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

Minutes – Committee of Adjustment – January 21, 2008 Page 6 of 11

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. John Harding, Applicant, 85 Stibbard Ave., Toronto, ON, M4P 2B9, attended the meeting. Mr. Harding indicated he would be available for questions.

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

Committee questioned if the new boathouse will be constructed on the existing dock footprint. Mr. Harding indicated it would.

Committee questioned the use of the government dock in relation to boat traffic. Mr. Harding indicated boat traffic and the use of the dock has decreased since the trailer park is no longer operating.

Committee questioned if there is to be dark sky compliant lighting on the boathouse. Mr. Harding indicated he was planning to use dark sky compliant lighting on his boathouse. Mr. Harding indicated he would like to have the lighting at the government dock changed, since it is not dark sky compliant.

Committee indicated the lighting at the government dock should be brought up to Council.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-08-21/01/2008

Member Edwards – Member Ellis: Be it resolved that Application A-89/07, Harding, to permit the construction of a two storey boathouse 30 feet from the side lot line, 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 the docks are existing, there were no concerns from neighbouring land owners, and the boathouse will not have a greater impact on the government dock in this location versus a location which complies to the by-law. d. A-90/07, Nelson, in Trust, Part of Lot 16, Concession 1, Part 2, Plan 35R-21723 (Wood), Roll # 8-2-030.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Ms. Angela Ghikadis, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis, distributed photographs, and indicated this property is currently going through a consent application, and this request is for the

Minutes – Committee of Adjustment – January 21, 2008 Page 7 of 11

retained lot. She explained that as a result of the Waterfront Density policies, the retained property will be unable to have a two storey boathouse. The existing boathouses are to be demolished. The proposed boathouse will be an improvement as the amount of shoreline structures will be reduced. Ms. Ghikadis stated there is considerable actual shoreline frontage. Ms. Ghikadis reviewed the four tests of a Minor Variance, concluding this application meets the four tests.

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

Committee had no questions.

Resolution Number: CA-09-21/01/2008

Member Edwards – Member Ellis: Be it resolved that Application A-90/07, Nelson, to permit the construction of a two storey boathouse on a lot that has 275 feet of frontage, 650 square feet of habitable space, 250 square feet of a covered porch and a maximum width of 63 feet (on two storeys), 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 shoreline structures are being reduced, the actual shoreline frontage is over 600 feet and the shoreline structures appear to be located on two different shorelines.

e. A-91/07, Menzies, Part of Lot 31, Concession 12, Part 8, Plan 35R-3799 (Medora), 4-15- 048-02.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Alex Menzies, Applicant, 104 Poplar Heights Drive Toronto, M9A 4Z4, attended the meeting. Mr. Menzies explained the reason of the application is for the aesthetics of the property.

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

Committee questioned if the proposed porch will be open air or would it be screened. Mr. Menzies indicated it would be open air.

Committee questioned if he would be able to remove the small shed in order to construct the covered porch. Mr. Menzies indicated he gets a lot of use of the shed and would not want to remove it.

Committee questioned if the porch could be reduced to bring the proposed lot coverage to 11%. Mr. Menzies indicated the only place that could be eliminated was where he was planning to keep his golf cart and that would not be practical.

Minutes – Committee of Adjustment – January 21, 2008 Page 8 of 11

Committee indicated they were not willing to exceed 11% lot coverage. They asked if the measurements he provided were accurate and if he had a current building location survey. Mr. Menzies explained the survey he had only had the cottage on it, not the other buildings. Committee explained the merits of a building location survey to Mr. Menzies and decided to adjourn the application until a building location survey could be completed.

A Lot Development Package was made available to the applicant.

f. A-92/07, Baptist, Part of Lot 23, Concession G, Lot 9, Part M-33 (Medora), 6-23-016.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Sandy Baptist, Applicant, 288 Glengrove Ave. W., Toronto, ON, M5N 1W2, attended the meeting. Mr. Baptist indicated he was present to answer any questions.

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

Committee asked staff how extensive the re-vegetation would be in regards to securities. Mr. Fahner indicated there would be substantial plantings. Although the depth to bedrock would have to be considered a plan of the plantings will have to be submitted along with securities.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-10-21/01/2008

Member Edwards – Member Ellis: Be it resolved that Application A-92/07, Baptist, to permit the construction of a deck 33 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. As a condition, a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area be submitted.

Carried.

CONDITIONS: That a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area, be submitted.

9. Correspondence

None.

10. Unfinished Business

Minutes – Committee of Adjustment – January 21, 2008 Page 9 of 11 a. B/73/07/ML, Hood, Part of Lot 23, Concession6, Part 1, Plan 35R-9706, Part 3 Plan 35R-70952, Part 16, Plan 35R-9339, (Medora), Roll # 5-4-055. This application was adjourned at the hearing held on November 19, 2007.

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

Ms. Angela Ghikadis, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated this application was originally heard at the November 19, 2007 meeting, and had been adjourned until concerns regarding the septic system could be addressed. She indicated that Mr. Wayne Moore of Cottage Country Environmental had the opportunity to meet with Mr. Bos. Mr. Bos’s issues have been resolved. The lot lines have been slightly altered to accommodate area for a septic system.

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

Committee had no questions.

Resolution Number: CA-11-21/01/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/73/07/ML, (Hood), 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 severed and retained lots be made subject to Site Plan Control.

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. A-71/07, Gilbert and Guest, Part of Lot 23, Concession 5, Part 1, Plan 35R-2252 (Medora), Roll # 4-9-055. This application was adjourned at the hearing held on October 29, 2007.

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

Ms. Jean Polak, Agent, 32 Robert Boyer Lane, Bracebridge, ON, P1L 1V5. Ms. Polak reviewed the history of the application, explaining her clients have done everything the municipality has asked, and have been proactive with their development plans. The proposed boathouse was approved in May, 2007. The applicants applied for and completed a demolition permit to remove the existing boathouse, and when they applied for a building permit for the new boathouse, it was discovered there was an issue with lot coverage.

Ms. Nancy LeBlanc, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. LeBlanc reviewed the four tests of a Minor Variance: 1)

Minutes – Committee of Adjustment – January 21, 2008 Page 10 of 11

it meets the intent of the official plan, built form does not dominate, 2) maintains the intent of zoning by-law, WR1, permits 10% lot coverage, 3) reduces the bulk, entered into a Site Plan Agreement, the plantings exceed the requirements, 4) the request is minor in nature, the only change is to enclose a small storage area.

Committee indicated they would like the plantings to be completed and do not want lawn so close to the water. Ms. Polak indicated the sod at the water would be removed.

Committee agreed the applicants have been working in good faith and requested the applicants meet with staff to discuss further plantings in addition to those already required within the Site Plan Agreement.

Resolution Number CA-12-21/01/2008

Member Mallin – Member Pryke: Be it resolved that Application A-71/07, Gilbert and Guest, to permit the construction of an addition to an existing boathouse which will result in a lot coverage of 11%, as shown on the plan attached to the Notice of Decision, is hereby approved subject to additional plantings.

Carried.

CONDITIONS: That plantings (additional to those outlined in the site plan agreement) be carried out.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted only a small portion of the boathouse increased the lot coverage, the boathouse replaced an existing structure located in the same area.

11. Information Items

None.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-13-21/01/2008

Member Pryke –Member Mallin: Be it resolved that the meeting adjourn at 11:45 a.m.

Minutes – Committee of Adjustment – January 21, 2008 Page 11 of 11

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, February 11st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-11/02/2008

Member Pryke – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 11, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated January 21, 2008, is attached.

Resolution Number: CA-02-11/02/2008

Member Pryke– Member Ellis: Be it resolved that the minutes dated January 21, 2008, be adopted and approved as circulated.

Carried.

Chair Hare wanted to include information regarding the amended minutes from December 10, 2007. He wanted information relating to renting included.

5. Delegations

a. Mr. Robert Rueter, applicant, did not attend re: Item 10.a., Unfinished Business, Rueter.

Minutes – Committee of Adjustment – February 11, 2008 Page 2 of 11

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

a. B/91/07/ML, Martin and Simpson, Part of Lot 16, Concession 12, (Medora), Roll #’s 4- 19-010 and 4-19-008

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

iii) Letter from Sharon and Hugh Nichols. Mr. Ellis read the letter, a copy of which is attached.

Mr. Tom Bunker, agent, T A Bunker Surveying Ltd., P O Box 1180, Gravenhurst, ON, P1P 1V4, attended the meeting. Mr. Bunker indicated the application is to adjust the lot lines due to an encroachment of a septic system. This application will bring the lots into compliance with the zoning by-law. He also indicated there is conflicting title over the ownership of the road.

Mr. Hugh Nichols, 1296 Carlingford Rd., Minett, ON, P0B 1G0. Mr. Nichols explained the issues with the road and indicated it trespasses on his property also. He asked if the road is corrected, could the septic system be relocated and therefore this application would not be necessary.

Mr. Fahner indicated Committee of Adjustment cannot review the issue of ownership or location of the road, they may only consider this application for a lot addition.

Committee questioned staff about the recommendations from the District of Muskoka.

Mr. Fahner indicated the nature of the application is in regards to a septic system encroaching, and only lot lines are being adjusted. The removal of a kitchen is not necessary. He indicated Lake Joseph is a highly sensitive lake and a Site Plan Agreement would be required for additional development on the property.

Committee questioned the side yard setback from the boathouse.

Mr. Bunker indicated he would provide the measurement at the Council meeting on Tuesday.

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

Minutes – Committee of Adjustment – February 11, 2008 Page 3 of 11

Resolution Number: CA-03-11/02/2008

Member Ellis– Member Pryke: Be it resolved that Consent be granted for Application B/91/07/ML, (Martin and Simpson), 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 rezoning the subject land from WR to WR1 and an exemption be obtained from the minimum lot area for the retained lot. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. b. B/92-96/07ML, 1379961 Ontario Inc., Part of Lots 14 and 15, Concession B, (Bala), Roll # 7-11-001-02

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

ii) Two letters from Mr. Bill Davis. Mr. Ellis read the letters, copies of which are attached.

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis explained she has been working with Mr. Tim Harvey from Pinestone Engineering, and noted he was present at the meeting. Ms. Ghikadis indicated the application was to divide a four acre portion of the property into five residential lots which are to be located on a cul-de-sac. She explained the large retained lot is to be used for industrial purposes, and noted this lot is part of a settlement from the Ontario Municipal Board. She noted the sewer easement is there to allow for options in the future. Ms. Ghikadis indicated the size of the cul-de-sac meets road standards. She was surprised to hear of the Species At Risk and the archaeological studies recommended by the District Municipality of Muskoka. Ms. Ghikadis indicated the applicants would like to dedicate actual land instead of cash-in-lieu of parkland.

Committee asked why the issues of Species At Risk and archeological studies were not addressed during the rezoning of the retained lot and Ontario Municipal Board Hearing. Ms. Summer Valentine, Planner, District Municipality of Muskoka, indicated the studies of these items are required when there is new lot creation.

Ms. Ghikadis requested direction on what was required at this stage.

Minutes – Committee of Adjustment – February 11, 2008 Page 4 of 11

Committee indicated a Species At Risk and archeological studies would be required. It was also noted the offer of land in lieu of fees for parkland dedication should be reviewed.

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

A Lot Development Package was made available to the applicants.

This application was adjourned until site evaluations could be conducted.

7. Hearing of Consent Applications

a. B/87/88/07/ML, Peat, Part of Lot 58, Concession B, (Cardwell), 1-1-037.

Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis noted these applications had been adjourned at the January 21, 2008 meeting due to the property not being posted properly.

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter from Mr. John Jackson, requesting a deferral. Mr. Ellis read the letter, a copy of which is attached.

Mr. John Jackson, agent, 70 Isabella St., Parry Sound, ON, P2A 1M6, attended the meeting. Mr. Jackson indicated they wish to reconfigure the proposed lots and requested adjournment of these applications.

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

Committee had no questions.

This application was adjourned until the new lot configuration is submitted.

b. B/97/07/ML, Canadian Triloon Corporation, Part of Lot 18, Concession 6, Lot 9, Plan 35M-661, (Watt), 2-4-071-02.

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Minutes – Committee of Adjustment – February 11, 2008 Page 5 of 11

iii) Letter of support from Mr. Nathan Lindenberg on behalf of Elizabeth Toman. Mr. Ellis read the letter, a copy of which is attached.

Mr. Yvon Gavel, Pinestone Engineering Ltd., agent, 110 Kimberley Ave., Unit 1, Bracebridge, ON, P1L 1Z8, attended the meeting.

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

Committee had no questions.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-04-11/02/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/97/07/ML, (Canadian Triloon Corporation), provided the following condition is fulfilled.

1. A registerable description 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/98/07/ML, Colson and Conway, Lot 9, Concession 13, (Monck), Roll # 9-12-015.

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Steve Boyes, agent, 59 Pine St., Bracebridge, ON, P1L 1K8, attended the meeting. Mr. Boyes indicated the application is straight forward, noting the creek is mostly dry and a culvert was put in place a few years ago. There have been no problems with the flow of water.

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

Mr. Fahner indicated he had revisited the site due to concerns regarding the necessity of a fisheries study and the status of the creek. He explained the culvert is existing, and the requirement of the fisheries study is no longer necessary.

A Lot Development Package was made available to the applicants.

Minutes – Committee of Adjustment – February 11, 2008 Page 6 of 11

Resolution Number: CA-05-11/02/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/98/07/ML, (Colson and Conway), 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.

Carried.

d. B/99/07/ML, Jarvie, Part of Lot 15, Concession A, Lot 32, Plan 14, (Bala), 7-12-063.

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

Mr. Dan Goforth, agent, Box 372, Bala, ON, P0C 1A0, attended the meeting. Mr. Goforth indicated the intent is to increase the frontage to over 100 feet, and noted the house was built in the early 1900’s close to lot line. This application will allow for additional privacy.

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

Committee had no questions.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-06-11/02/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/99/07/ML, (Jarvie), 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.

Minutes – Committee of Adjustment – February 11, 2008 Page 7 of 11

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/100/101/07/M, Abbey Farms Limited, Part of Lots 2 and 3, Concession 10, Parts 1-3, Plan 35R-8734, (Medora), Roll # 4-6-077.

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

ii) Letter from CN Railway. Mr. Ellis read the letter, a copy of which is attached.

Mr. John Jackson, agent, 70 Isabell St., Parry Sound, ON, P2A 1M6, attended the meeting. Mr. Jackson indicated this lot was previously approved for a nine lot subdivision in the 1970’s. He indicated he was baffled regarding the comments from CN Rail.

Mr. Sam Ferranto, neighbour, RR1, Mactier, ON, P0C 1H0. Mr. Ferranto indicated he lives across the street from the subject property and has no concerns with the proposal.

Mr. Fahner indicated more information regarding the comments from District of Muskoka and CN Rail are required prior to any decisions.

No one attended opposition to the application.

This application was adjourned until more information regarding the recommendations from the District Municipality of Muskoka and CN Railway was available.

8. Hearing of Minor Variance Applications

a. A-93/07, Mitchell, Part of Lot 32, Concession 13, (Monck), 9-14-044-01.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of support from Ms. Christine Featherstone. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter of support from Mr. Peter Strachan. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter of opposition from Mr. Fred Dyck. Mr. Ellis read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – February 11, 2008 Page 8 of 11

iv) Letter of support from Doug and Patricia Burns. Mr. Ellis read the letter, a copy of which is attached.

Mr. Ross Mitchell, applicant, 1420 Stavebank Rd., Toronto, ON, L5G 2V3, attended the meeting. Mr. Mitchell indicated the dock is a crib dock and when the boathouse permit was issued, there was a stipulation to remove this dock. He explained they found there was a pair of martens using the dock as habitat. Mr. Mitchell explained the dock has only minimal visual impact and the removal will do more harm than good.

Committee agreed this dock was to be removed as a condition of the building permit being issued. They asked staff how long the applicant has to remove the dock. Mr. Fahner advised Committee it would be determined through enforcement by the Building Department.

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

A Lot Development Package was made available to the applicants.

Resolution Number CA-07-11/02/2008

Member Ellis – Member Edwards: Be it resolved that Application A-93/07, Mitchell, to permit a total cumulative width of docks to be 111 feet, 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, 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 the proposed can comply with the requirements of the by-law. It was also noted, as a condition of obtaining the building permit for the two storey boathouse, a portion of the dock was to be removed.

b. A-94/07, Lacombe, Part of Lot 35, Concession 7, Lots 15 and 15A, Plan M-16, (Bala), Roll # 7-3-037.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Tracey Owen, agent, Port Carling, ON, P0B 1J0, attended the meeting.

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

Committee had no questions.

A Lot Development Package was made available to the applicants.

Minutes – Committee of Adjustment – February 11, 2008 Page 9 of 11

Resolution Number CA-08-11/02/2008

Member Edwards – Member Pryke: Be it resolved that Application A-94/07, Lacombe, to permit the construction of an addition 24 feet (at the closest point) from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved provided a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area is submitted.

Carried.

CONDITIONS: That a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area 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 the proposed porch does not further encroach into the front yard than to what is existing and re-naturalization of the shoreline is to be obtained.

c. A-95/07, Williams, Part of Lot 15, Concession 12, Part 1, Plan 35R-19619, (Medora), 4- 12-034.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. John Gallagher, Agent, 1 Rice Lane, Huntsville, ON, P1H 1V4, attended the meeting. Mr. Gallagher indicated the issue with height was discovered after the framing, and was addressed when it was discovered.

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

Committee asked Mr. Gallagher if the problem was found at the framing stage why were they asking for relief now. Mr. Gallagher explained it was found after the framing had been completed.

Committee asked if something could be put in place with the property indicating the second floor is to be for storage only. Mr. Gallagher indicated it could be put in as a condition of the Minor Variance.

A Lot Development Package was made available to the applicants.

Resolution Number CA-09-11/02/2008

Member Edwards – Member Pryke: Be it resolved that Application A-95/07, Williams, to permit an existing garage to be 22.5 feet, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the second storey being used for storage only.

Carried.

Minutes – Committee of Adjustment – February 11, 2008 Page 10 of 11

CONDITIONS: The second storey of the garage is to be used for storage purposes only.

d. A-96/07, Beckett, Part of Lot 10, Concession 14, Parts 5 and 10, Plan 35R-19879, (Watt), Roll # 2-22-024.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

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

Committee had no questions.

It was noted the property was properly posted and was not a concern.

Resolution Number CA-10-11/02/2008

Member Edwards – Member Pryke: Be it resolved that Application A-96/07, Beckett, to permit a total cumulative width of docks to be 58 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. B/70/07/ML, Rueter, Part of Lot 1, Concession 4, Parts 5-8, Plan 35R-9505, (Wood), Roll # 8-6-095-01. This application was adjourned at the hearing held on October 29, 2007.

Mr. Pink explained the history, nature and location of the application/property. Mr. Pink indicated this application was adjourned at the October 29, 2008 meeting at the request of the applicants.

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

Minutes – Committee of Adjustment – February 11, 2008 Page 11 of 11

Committee indicated they wanted the existing storage building removed prior to a building permit being issued for the boathouse and garage. Mr. Pink indicated this could be a condition of the Minor Variance.

Committee asked staff if it would be easier to merge the lots. Mr. Pink indicated the lots were created by consent, the prior consent is required to be broken. There is no road allowance to add a square foot to in order to break the consent, and the merging of the lots may be onerous.

Committee asked staff the location of the septic system. Mr. Pink explained there was no septic system indicated on the application. Committee expressed concerns of setting a precedent if the applicants wanted a washroom in the garage, noting the septic system would have to be located on the lot with the garage. They indicated if the lot is being used as one lot they should be merged, and noted this is having an accessory building prior to a main use dwelling.

Committee agreed to adjourn the application in order to discuss the issues with the applicant.

11. Information Items

None.

12. New Business

a. Committee held a brief discussion re: Committee of Adjustment conferences. Mr. Fahner indicated he would include the cost of attending conferences in the budget.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-08-21/01/2008

Member Edwards –Member Pryke: Be it resolved that the meeting adjourn at 11:30 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, March 3rd, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-03/03/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 4, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. Member Susan Pryke indicated she had a conflict of interest with item 8.d., Durfey, and would not participate in the hearing.

4. Adoption of Minutes

a. A copy of the Minutes dated February 11, 2008, is attached.

Resolution Number: CA-02-03/03/2008

Member Pryke– Member Mallin: Be it resolved that the minutes dated February 11, 2008, be adopted and approved.

Carried.

5. Delegations

a. Mr. Marshall Pyatt, applicant, attended at 10:45 a.m. re: Item 10.a., Unfinished Business, Pyatt and Su.

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

a. None.

Minutes – Committee of Adjustment – March 4, 2008 Page 2 of 11

7. Hearing of Consent Applications

a. B/102/07/ML, Alofs, Part of Cameron Island, Part 2, Plan 35R-18364, Lake Joseph, (Medora), 4-25-029-03

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Greg Corbett, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett concurred with Mr. Ellis’ summation of the application and pointed out the abutting lot was originally created by Consent, therefore, the Consent would have to be broken prior to the lot addition being added.

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

Committee had no questions.

A Lot Development Package was made available to the agent.

Resolution Number: CA-03-03/03/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/102/07/ML, (Alofs), provided the following condition arefulfilled.

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 previous consent (B/07/01/ML) be 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.

Carried.

b. B/103/07/ML, Steel Crown Corporation, Part of Lot 6, Concession 3, (Wood), 8-4-004-02.

Mr. Ellis 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

Minutes – Committee of Adjustment – March 4, 2008 Page 3 of 11

Department. Mr. Ellis read the letter, a copy of which is attached.

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Terry McFadden, agent, Coldwell Banker, Box 521, Bala, ON, P0C 1A0, attended the meeting. Mr. McFadden indicated the comments in the letter from the District of Muskoka regarding the wetland were incorrect and noted it is just a cleared area. He asked if Committee wished to defer the application until the site could be revisited when the snow is gone to see it is not a wetland.

Mr. Fahner indicated staff had reviewed photographs of the area and is of the opinion it appears to be just a low lying area, not a wetland of significance, therefore, the application could proceed as is. Staff indicated no concerns regarding the deer habitat as the proposed lots are large and in the Rural area.

Resolution Number: CA-04-03/03/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/103/07/ML, (Steel Crown Corporation), 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.

Carried. c. B/01/02/08/ML, McNabb, Part of Lots 9 and 10, Concession 7, (Monck), 9-1-022, 9-1-021.

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Gerry McNabb, agent, 28 Daleman Dr., Bracebridge, ON, P1L 1A6, attended the meeting. Mr. McNabb indicated he was available to answer questions.

Mr. Steve Roch, neighbour, 1353 Ziska Rd., Bracebridge, ON, P1L 1W8, attended in support of the application. Mr. Roch questioned why the previously severed lots were not

Minutes – Committee of Adjustment – March 4, 2008 Page 4 of 11

illustrated on the map that had accompanied the Notice he had received in the mail.

Chair Hare explained the base mapping updates are provided to the municipality from Municipal Property Assessment Corporation, and the severances Mr. Roch was referring to had been recent.

Mr. Roch questioned why Mr. McNabb was permitted to further sever his lot when he was not able to do so on his own lot.

Mr. Fahner explained the Rural Residential cluster designation did not reach as far as Mr. Roch’s property. Chair Hare noted Mr. Roch was welcome to submit comments on the Official Plan.

No one attended in opposition to the application.

A Lot Development Package was made available to the applicant.

Resolution Number: CA-05-03/03/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/01/02/08/ML, (McNabb), 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.

Carried.

Committee indicated they would like to review lot creation in the Rural designation.

8. Hearing of Minor Variance Applications

a. A-97/07, 2136912 Ontario Ltd., Part of Lot 30, Concession 7, Part of Lots 4-6, Plan 4, (Bala), 7-5-092.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Bob Morine, agent, 4390 Anderson St., Whitby, ON, L1R 2W1, attended the meeting. Mr. Morine reviewed the history of the lot.

Committee indicated they were pleased with the illustration of the trusses, preventing the upper portion of the boathouse from being used as habitable or storage space.

Minutes – Committee of Adjustment – March 4, 2008 Page 5 of 11

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

Committee had no questions.

Resolution Number CA- 06-03/03/2008

Member Mallin – Member Pryke: Be it resolved that Application A-97/07, 2136912 Ontario Limited, to permit a boathouse to be 17 feet 2 inches in height on a lot with less than 300 feet of frontage on a Category 1 Lake, as shown on the plan attached to the Notice of Decision is hereby approved.

Carried.

A Lot Development Package was made available to the agent. b. A-98/07, Van der Walle, Part of Lot 8, Concession 8, (Medora), 4-5-063.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Julie Washburn, agent, Nordcap Steel Docks, 260 Knister Rd., Gravenhurst, ON, P1P 1R4, attended the meeting. Ms. Washburn indicated she was available to answer questions.

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

Committee had no questions.

Resolution Number CA-07-03/03/2008

Member Ellis – Member Edwards: Be it resolved that Application A- 98/07, Van der Walle, to permit a dock to be 14.5 feet from the side lot line, 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 the location of the dock will have minimal impact, is minor in relation to the previous by-law requirements and the neighbours did not indicate any concerns.

Minutes – Committee of Adjustment – March 4, 2008 Page 6 of 11

c. A-99/07, Barnett, Part of Lot 30, Concession 7, (Windermere), 3-1-063.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Mr. and Mrs. Karl and Shirley Wildi, in opposition to the application.

Mr. Jordy Suffern, agent, 135 Queen St., apartment # 33, Bracebridge, ON, P1L 1P5, attended the meeting. Mr. Suffern indicated the contravention of the by-law was not intentional. He reviewed the history of the lot and explained the prior use of tents and umbrellas on the deck. Mr. Suffern explained the canopy has been architecturally designed and would only be used during the summer.

Mr. Greg Corbett, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett indicated he represented Karl and Shirley Wildi, neighbouring property owners. He explained the Wildis’ concerns are with the visual impact of this structure, noting the straightline frontage of the property is not enough by-law frontage to permit a two storey boathouse. Mr. Corbett requested the application be denied, as it does not meet the four tests of a minor variance.

Committee asked staff when does a piece of canvas become a roof. Mr. Fahner indicated canvas is not recognized as a roof, and Committee should consider this as not temporary as it may become permanent as time passes. Committee noted the height of the current structure is in excess of the 16 feet permitted for a single storey boathouse.

Mr. Suffern indicted they had inquired to the Building Department and were not provided a clear definition of what was allowed. He noted the property owner wanted it known he is being taxed on 320 feet of frontage.

No one attended in support of the application.

Resolution Number CA-08-03/03/2008

Member Ellis – Member Edwards: Be it resolved that Application A- 99/07, Barnett, to permit a roofed area on the second storey of an existing boathouse on a lot that has less than 300 feet of frontage and to permit the second storey to be expanded, 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, 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 the proposed expansion of the second storey would have a visual impact on the shoreline, the supporting structure (wooden beams) are permanent, the proposed is over 16 feet in height and is not in keeping with the surrounding area. d. A-100/07, Durfy, Part of Lot 12, Concession 1, Part 1, Plan RD-2031, (Wood), Roll # 8-1- 060.

Minutes – Committee of Adjustment – March 4, 2008 Page 7 of 11

Member Pryke declared a conflict of interest for this application left the table and did not participate in the discussion or vote on this application.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Greg Roberts, agent, 24 Carlyle Crescent, Aurora, ON, L4G 6P6, attended the meeting. Mr. Roberts indicated he is the applicant’s husband. Mr. Roberts reviewed the history of an application submitted four years ago. It was denied because it was determined by Committee it was not minor in nature. He indicated they purchased a small piece of land from the neighbour as Committee had recommended they do. Mr. Roberts indicated he retained Edenlane Homes to develop a new floor plan, which is before them now. He indicated Mr. Pink had advised him the Planning Department does not support applications for lot coverage over 10% and Committee never approves anything over 11%. He also noted Mr. Pink advised him the retention of a professional Planner to present evidence to Committee would be a waste of funds. Mr. Roberts explained Committee of Adjustment is a quasi-judicial body required to listen to evidence. He stated it was clear from what Mr. Pink had told him Committee was not doing this. Mr. Roberts indicated he had reviewed Ontario Municipal Board Decisions and explained everyone needs a fair shake and this Committee is not doing that. That was why he did not present any evidence. Mr. Roberts went on to review various Ontario Municipal Board Decisions concluding that the zoning by-law standard is to be used as a guide, not as an end in it self.

Committee asked the applicant why he could not meet the requirements in the zoning by- law. Mr. Roberts stated he did not have to. He can come and apply for an increase but Committee has to base their decision based on planning evidence. Committee asked Mr. Roberts if he would like to adjourn the application until he could present planning evidence. Mr. Roberts indicated he did not wish to adjourn the application; he would appeal the decision to the Ontario Municipal Board.

Mr. Roberts asked if he reduced the request from 14.8% to 13.7% lot coverage if Committee would approve the application. Committee indicated they had not heard any planning reasons why the proposed structure could not comply with the zoning by-law. If reduced in size, amended drawings would be required.

Resolution Number CA-09-03/03/2008

Member Ellis – Member Edwards: Be it resolved that Application A-100/07, Durfy, to permit the construction of a new dwelling which will result in a lot coverage of of 14.1% on the entire lot area and to permit a lot coverage of 14.3% on the lot area within 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Motion Defeated.

Minutes – Committee of Adjustment – March 4, 2008 Page 8 of 11

e. A-01/08, Hutton, Part of Lot 8, Concession A, Parts 2, 12 and 13, Plan 35R-7168, (Medora), 4-28-013.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Rob Vogt, agent,1194 Mortimers Point Rd., RR #3, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Vogt indicated the application was for a wheelchair ramp from the dwelling to the boathouse.

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

Committee questioned the height of the ramp and when a path becomes a ramp. Mr. Vogt indicated the height of the ramp is about 2.5 ft. Mr. Fahner indicated the ramp is a structure.

Resolution Number CA-10-03/03/2008

Member Edwards – Member Ellis: Be it resolved that Application A- 01/08, Hutton, to permit the construction of a sundeck 25 feet (at the closest point) from the high water mark and to permit a ramp in the front yard, 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 the ramp and the proposed deck will have a minimal visual impact, the deck is maintaining the existing building line of the dwelling, the property is located on an island where access is important and the neighbours did not indicate any concerns.

A lot development package was provided to the agent. f. A-02/08, Cartwright, Part of Lot 25, Concession 6, Lot 52, Part M-340, (Wood), 6-6-056.

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

Notice of the Hearing was circulated 11 days prior. Submissions were received as follows:

i) Letter from Mr. James Joselin, in opposition to the application. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter from Phyllis and Burton Klein, requesting notification of decision. Mr. Ellis read the letter, a copy of which is attached.

Mr. David Spolnik, agent, Box 431, Bala, ON, P0C 1A0, attended the meeting. Mr. Spolnik distributed enlarged site sketches to Committee, copies of which are attached. Mr. Spolnik

Minutes – Committee of Adjustment – March 4, 2008 Page 9 of 11

indicated the existing dwelling does not have a deck and the applicants wish to have one on the new dwelling. He explained there is very limited area for the sleeping cabin and in order to comply with the by-law, it would have to be located near the railway tracks. He had safety concerns since the children would utilize the sleeping cabin. The applicants would like to keep what is existing and slightly enlarge the dwelling.

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

Committee questioned staff regarding the proposed boathouse on the sketch. Mr. Fahner indicated the boathouse is not what is before Committee at this time.

Resolution Number CA-11-03/03/2008

Member Edwards – Member Ellis: Be it resolved that Application A-02/07, Cartwright, to permit the construction of a sundeck that is to be 30 feet from the high water mark and to permit the construction of a sleeping cabin 18 feet from the high water mark and a sundeck 12 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a deeming by-law being passed to deem Lot 52, Plan M-340, not to be a lot on a plan of subdivison.

Carried.

CONDITIONS: That a deeming by-law be passed to deem Lot 52, Plan M- 340, not to be a lot on a plan of subdivision.

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 structures will maintain the existing building lines, there will be limited ree removal and the topography limits other building sites.

9. Correspondence

a. None.

10. Unfinished Business

a. B/40/07/ML, Pyatt and Su, Part of Lot 18, Concession 20, (Wood), Roll # 8-16-053. This application was adjourned at the hearing held on June 4, 2007.

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

Mr. Marshall Pyatt, applicant, 20 Riverglen Dr., Keswick, ON, L4P 2P8, attended the meeting. Mr. Pyatt indicated he reviewed the recommendations of the Planning Department and had no concerns.

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

Committee had no questions.

Member Pryke was not present at the June 4, 2007 meeting and did not vote on the application.

Minutes – Committee of Adjustment – March 4, 2008 Page 10 of 11

Resolution Number: CA-12-03/03/2008

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Application B/40/07/ML, (Pyatt and Su), 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. That the severed lot be made subject to Site Plan Control.

5. The applicants enter 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.

6. That the shed located along the proposed lot line be removed or relocated in compliance with the zoning by-law.

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.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-13-03/03/2008

Minutes – Committee of Adjustment – March 4, 2008 Page 11 of 11

Member Edwards –Member Ellis: Be it resolved that the meeting adjourn at 11:00 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Thursday, March 20th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Susan Pryke L. Hamm - Planning Administrative Assistant

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-20/03/2008

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 20, 2008, be adopted as amended

The agenda was amended to include discussion of Conferences under New Business.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated March 3, 2008, is attached.

Resolution Number: CA-02-20/03/2008

Member Edwards– Member Ellis: Be it resolved that the minutes dated March 3, 2008, be adopted and approved as amended.

Amended to clarify a sentence in item 8.c., and to change the wording in Reasons for Decision from “is suitable” to “is not suitable”, under the same item.

Carried.

5. Delegations

a. None.

Minutes – Committee of Adjustment – March 20, 2008 Page 2 of 10

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

a. None.

7. Hearing of Consent Applications

a. B/03/08/ML, Goodfellow, Part of Lots 28 and 29, Concession 10, Lot 1 and 2, Plan M-531, (Medora), Roll #’s 4-15-019 and 4-15-019-01

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

Mr. John Gallagher, agent, 1 Rice Lane, Huntsville, ON, P1H 1V4, attended the meeting. Mr. Gallagher explained the purpose of the application and noted he was available for questions.

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

Committee had no questions.

Resolution Number: CA-03-20/03/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/03/08/ML, (Goodfellow), 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 resultant 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.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-03/08, Bissada, Part of Lot 21, Concession 9, Part 3, Plan RD2112, (Medora), Roll # 4-14- 001.

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

Minutes – Committee of Adjustment – March 20, 2008 Page 3 of 10

Notice of the Hearing was circulated 13 days prior.

No submissions were received.

Mr. Paul Donaldson, agent, Box 285, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Donaldson explained the purpose of the application and noted he was available for questions.

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

Committee had no questions.

Resolution Number: CA-04-20/03/2008

Member Edwards– Member Ellis: Be it resolved that Application A-03/08, Bissada, to permit a single storey boathouse to be 29 feet wide or 18.2% of the lot frontage an to permit docks to be 49 feet wide or 30.81% of the lot frontage, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried

A Lot Development Package was made available to the agent. b. A-04/08, Robertson, Part of Lot 15, Concession 10, Part 1, Plan 1, Plan 35R-13525, Parts 10 and 11, Plan 35R-20016, (Medora), 4-12-045-11.

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

Notice of the Hearing was circulated 13 days prior.

No submissions were received.

Ms. Yvonne Robertson, applicant, 6 Stratheden Rd., Toronto, ON, M4N 1E3. Ms. Robertson explained the property was purchased six months ago. When they were finalizing open Building Permits, it was discovered the habitable space above the boathouse was not allowed. Ms. Robertson circulated a photo of the boathouse.

Mr. Kurt Lasso, agent, 81 Gage Ave., Kitchener, ON, N2G 2E3, attended the meeting. Mr. Lasso indicated he was the builder of the boathouse and it was built in compliance with the zoning by-law in 2003. Mr. Lasso explained it was an error in the paperwork that it was submitted as storage and not as sleeping quarters. It has been used as a sleeping cabin since it was completed.

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

Mr. Ellis indicated the updated survey shows the side yard setback as 36.9 feet. This complies with the requirement of the by-law at the time the building permit was issued. Chair Hare questioned if they were allowed habitable space in the boathouse in 2003. Mr.

Minutes – Committee of Adjustment – March 20, 2008 Page 4 of 10

Ellis indicated they were allowed habitable space but when they applied for the Building Permit they indicated it would be used as storage space.

Mr. Nick Roche, agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V6, attended the meeting. Mr. Roche indicated he was representing Mr. Richard Boxer, a neighbour who is opposed to the application. Mr. Roche indicated the application does not comply with the Official Plan or Comprehensive Zoning By-law 87-87, as amended, as the property only has 207 feet of frontage.

Mr. Fahner indicated it would be beneficial to obtain a legal opinion on the matter. Committee concurred and adjourned the application until a legal opinion could be obtained. c. A-05/08, Mason, Part of Lot 4, Concession 3, Part 1, Plan RD592, Parts 7-10, Plan 35R- 7229, Parts 4-6, Plan 35R-10766, (Wood), 8-3-103.

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

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Letter in support of the application from Mr. Walter Huff. Mr. Ellis read the letter, a copy, of which is attached.

Mr. Richard Mason, applicant, 1687 Walker’s Point Rd., RR 2, Gravenhurst, ON, P1P 1R2, attended the meeting. Mr. Mason indicated he made a miscalculation on the Minor Variance Application. He included the gross floor area of the dwelling not the ground floor area. This would reduce the existing lot coverage.

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

Mr. Ellis concurred the calculations on the Minor Variance Application were incorrect. Committee adjourned the application until the correct calculations and a more detailed site sketch could be submitted.

Mr. Mason questioned whether he was required to obtain a Building Permit for his aquadome. Mr. Fahner indicated he would as it is a structure over 100 sq. ft. in size. d. A-06/08, Tilson, Part of Lot 15, Concession 7, Part 2, Plan 35R-20524, (Medora), Roll # 4- 10-078-10.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Ms. Gloria Tilson, applicant, 166 Old Yonge St., Toronto, ON, M2P 1P9. Ms. Tilson explained that during construction of the docks the width had changed from 15 feet to 12 feet and then went back to 15 feet. She submitted a letter from Mr. Foley, the contractor, explaining the circumstances of how this happened. A copy of the letter is attached.

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

Committee had no questions.

Minutes – Committee of Adjustment – March 20, 2008 Page 5 of 10

Resolution Number CA-05-20/03/2008

Member Ellis – Member Edwards: Be it resolved that Application A-06/08, Tilson, to permit a single storey boathouse to be 52.3 feet wide or 16.9% of the lot frontage, 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 the property is well vegetated, only a small portion does not comply, is partially visible and there were letters of support from abutting property owners.

A Lot Development Package was made available to the applicants.

e. A-07/08, Brockton Capital Corporation, Part of Lots 27 and 28, Concession 12, Part 2, Plan 35R-20682, (Watt), 2-26-024-10.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. Trevor McIver, Altius Architecture Inc., 1 Atlantic Ave., Suite 120, Toronto, ON, M6K 3E7, attended the meeting. Mr. McIver submitted the proposed floor plan, a copy of which is attached, and explained the purpose of the application. Mr. McIver indicated the Brocton Capital Corporation is a family holding company, and due to limitations imposed by the company, construction is not permitted during certain times of the year.

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

Committee questioned if there was a way to eliminate the top tier of the dwelling. Mr. McIver indicated they had created several variations.

Committee questioned the reasoning for the construction of an accessory building prior to the main structure. Mr. McIver indicated problems with theft and wanted to build a garage during the off-season to store materials and equipment.

Committee discussed the issues and indicated they could not support the application. There were no convincing planning reasons to approve the application.

Resolution Number CA-06-20/03/2008

Member Ellis – Member Edwards: Be it resolved that Application A-07/08, Brockton Capital Corporation, to permit the construction of an accessory structure (sleeping cabin) prior to the main use (dwelling), to permit a dwelling to be 45 feet in height and to allow a sleeping cabin to be 25 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Defeated.

Minutes – Committee of Adjustment – March 20, 2008 Page 6 of 10

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, is not suitable development, 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 the proposed structures can comply with the requirements of the zoning by-law. The proposed height of the structure along with the height of the property would have a visual impact on the lake.

A Lot Development Package was made available to the agent. f. A-08/08, Gold, Part of Lot 3, Concession 3, Parts 1 and 6, Plan 35R-3495, (Wood), 8-3-091- 03.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Sheldon Gold, applicant, 57 Dunloe Rd., Toronto, ON, M5P 2T5, attended the meeting. Mr. Gold stated he had a concern with staff’s request to remove a sleeping cabin. Mr. Gold indicated the existing sleeping cabins are from the Walker House Hotel. He noted they have preserved these buildings due to their heritage significance. Mr. Gold explained the cabins are only used for storage and they are not habitable.

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

In response to a question from Committee, Mr. Gold stated there was no plumbing or hydro in the sleeping cabins.

Committee indicated problems with lot coverage, however, they could not examin the lot coverage since this application was not for that. Mr. Fahner suggested this application be adjourned, amend the application and recirculate it.

Mr. Gold requested the application be adjourned until he could make the necessary amendments.

Committee agreed to adjourn the application. g. A-09/08, Baldwin, Part of Lot 23, Concession 8, Part 4, Plan RD658, (Watt), Roll # 2-12-061.

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

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Letter in support of the application from Mr. Robert Slessor. Mr. Ellis read the letter, a copy, of which is attached.

ii) Letter in support of the application from Ed and Michelle Konyen. Mr. Ellis read the letter, a copy, of which is attached.

Minutes – Committee of Adjustment – March 20, 2008 Page 7 of 10

Mr. Stephen Baldwin, applicant, 39 Burnham Cres., Brampton, ON, L6T 2L1, attended the meeting. Mr. Baldwin indicated he wished to retire here in the near future. He explained he constructed a large garage several years ago, when the allowed lot coverage was 10%. Now only 8% lot coverage is allowed. Mr. Baldwin indicated he could build an 800 square foot dwelling but it would have to be two full stories. He noted that due to the elevation of the lot it would be very high. A small aluminium shed could be removed, but it would still not be enough to comply with the by-law, and any further amendments to the plans would not be acceptable.

Committee questioned if there was an updated survey. Mr. Baldwin indicated he had a survey from 1968, and nothing has changed.

Mr. Ellis noted, if the privy and the shed were removed the lot coverage would be 9.13%.

Mr. Robert Slessor, neighbour, 1103 Strathdee Rd., Utterson, ON, P0B 1M0, attended the meeting. Mr. Slessor indicated his support of the application.

No one attended in opposition to the application.

Committee asked if approval of lot coverage to 9.13%, as per the attached plan and subject to plantings, would be acceptable to Mr. Baldwin. Mr. Baldwin agreed.

Resolution Number CA-07-20/03/2008

Member Pryke – Member Edwards: Be it resolved that Application A-09/08, Baldwin to permit the reconstruction of a dwelling which will result in a lot coverage of 9.1% within the lot area 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a site plan agreement showing additional plantings along with securities.

Carried.

CONDITION: That a site plan agreement is entered into showing additional plantings along with securities.

A Lot Development Package was made available to the applicant. h. A-10/08, Sculati, Part of Lot 40, Concession 7, (Bala), Roll # 7-1-084.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. David Sculati, 348 Trafalgar Rd., Oakville, ON. L6J 3H4, attended the meeting. Mr. Sculati indicated he had received approval for a reconstructed dwelling a few years ago. During excavation, it was discovered more trees would have to be removed and the hill had

Minutes – Committee of Adjustment – March 20, 2008 Page 8 of 10

to be excavated. He noted he has retained a landscaper.

Committee questioned the width of the walkway. Mr. Sculati indicated the width is five feet.

Mr. John Sullivan, neighbour, 10 Evesham Cres., Brampton, ON, L6T 3M3, attended the meeting, in opposition to the application. Mr. Sullivan indicated in 2006 the Sculati’s proposed a new dwelling, he circulated a sketch of the dwelling. He explained now he has received a proposal for a new dwelling with a cupola, and questioned the height. Mr. Sullivan explained this is going to block his view of the river. Mr. Sullivan indicated the applicants have a 320 square foot deck at the front of the dwelling attached to the proposed walkway and they will be looking into his bedroom and onto his deck. He indicated he has very little privacy left.

Mr. Doug Dormer, neighbour, 1035 Hurling Point Rd., Bala, ON, P0C 1A0, attended the meeting. Mr. Dormer questioned the location of lot lines in the area.

Chair Hare questioned Mr. Dormer if he had a survey. Mr. Dormer indicated he had a survey from 1932. Chair Hare recommended he obtain an updated survey.

No one attended in support of the application.

Mr. Sculati indicated the height of the proposed dwelling has not changed. Mr. Ellis indicated the proposed height is 28 feet and complies with the by-law. Chair Hare indicated the application before them is for an encroachment into the side yard. In a reaponse to a request from the Chair, Mr. Fahner explained the Official Plan only preserves the view straight out from the lot between the projected lot lines. It is unreasonable to expect a view over a neighbour’s property to be preserved.

Committee indicated they would like to have plantings along the shoreline and ensure dark sky compliant lighting. Mr. Sculati indicated he was in agreement.

Resolution Number CA-08-20/03/2008

Member Ellis – Member Pryke : Be it resolved that Application A-10/08, Sculati, to permit a dwelling to be 13 feet 4 inches from the easterly side lot line, to permit a deck to be 9 feet 6 inches from the westerly side lot line and to permit a deck to be 26 feet 11 inches from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to a site plan agreement showing additional plantings along with securities.

Carried.

CONDITION: That a site plan agreement is entered into showing additional plantings along with securities.

A Lot Development Package was made available to the applicant.

i. A-11/08, Gould, Part of Lot 16, Concession 8, Part 1, Plan 35R-21771, (Medora), Roll # 4-

Minutes – Committee of Adjustment – March 20, 2008 Page 9 of 10

11-026-01.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. William Dewson, agent, William Dewson Architects, 135 Alcorn, Toronto, ON, M4V 1E5, attended the meeting. Mr. Dewson reviewed the nature of application, and was available for questions.

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

Committee questioned if the shoreline vegetation would be disturbed. Mr. Dewson indicated the applicants intend to keep the shore vegetated. Mr. Fahner stated the property was subject to Site Plan Agreement.

Resolution Number CA-09-20/03/2008

Member Pryke – Member Ellis: Be it resolved that Application A-11/08, Gould, to permit the construction of a porch 59.5 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicants.

9. Correspondence

a. None.

10. Unfinished Business

a. None

11. Information Items

a. Ontario Municipal Decision, B/85/06/ML, Chen and Merricks, Part of Lot 31, Concession F, Parts 1 and 2, Plan 35R-21290, (Medora), Roll # 4-21-055.

Mr. Fahner reviewed the decision and indicated the severance application was approved subject to conditions.

Committee had no questions.

Minutes – Committee of Adjustment – March 20, 2008 Page 10 of 10

b. Ontario Municipal Board Decision, A-48/07, Deike, Part of Lot 20, Concession B, Lot 28, Plan 38, (Wood), Roll # 6-21-086.

Mr. Fahner reviewed the final decision. The Board agreed with committee and denied the application.

Committee had no questions.

12. New Business

a. Ontario Association of Committee of Adjustment and Consent Authorities Conference 2008

Mr. Fahner indicated the Conference is being held in June this year, and anyone interested in attending must be registered by April 15th. He explained $2000 has been set aside in the draft Planning Department budget for 2008 for this conference.

Committee discussed the costs and who would attend. Member Edwards indicated he would attend. Member Mallin will be asked if she would like to attend. They determined Ms. Andrea Glazier will handle the details and Committee Members could obtain more information from her.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-10-20/03/2008

Member Ellis –Member Pryke: Be it resolved that the meeting adjourn at 11:17 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Tuesday, April 14th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-14/04/2008

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated April 14, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. Member Ellis indicated a conflict with item 8.a. due to her son’s employment with the applicant.

4. Adoption of Minutes

a. A copy of the Minutes dated March 20, 2008, is attached.

Resolution Number: CA-02-14/04/2008

Member Edwards– Member Ellis: Be it resolved that the minutes dated March 20, 2008, be adopted.

Carried.

5. Delegations

a. Mr. John Jackson, attended at 10:45 a.m., re: item 10.a., Unfinished Business, (Peat).

b. Mr. John Jackson, attended at 11:00 a.m., re: Item 10.b., Unfinished Business, (Abbey Farms Limited).

Minutes – Committee of Adjustment – April 14, 2008 Page 2 of 12

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

a. B/08/09/08/ML, McDermott, Part of Lot 26, Concession 3, (Medora), Roll # 4-20-001

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

Notice of the Hearing was circulated 26 days prior.

Submissions were received as follows:

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

ii) Letter from Mr. Roger Duke, Ralph R. Duke & Sons Ltd., in support of the application. Mr. Ellis read the letter, a copy of which is attached.

iii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Ms. Angela Ghikadis, agent, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated the McDermott family was present and explained the reason and purpose of the application. She noted the reference to frontage on Henshaw Lake, in the letter from the District Municipality of Muskoka, is incorrect, there is no water frontage on this property. Ms. Ghikadis indicated issues regarding the entrances would be negotiated with the District Municipality of Muskoka.

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

Committee questioned Ms. Ghikadis about the entrances. Ms. Ghikadis indicated on the site sketch, the locations of existing entrances previously approved by the District Municipality of Muskoka were for residential use. Ms. Ghikadis explained she had discussed the driveways with Mr. Jim Sword, from the District Municipality of Muskoka Public Works Department who indicated no concern with the locations of the current driveways. Ms. Ghikadis noted any issues with the entrance would be resolved.

Committee questioned the purpose of purchasing the road allowance. Ms. Ghikadis indicated the closure and conveyance of the road allowance would allow for a larger building envelope.

Resolution Number: CA-03-14/04/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/08/09/08/ML, (McDermott), provided the following conditions are fulfilled:

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 applicant enters into a Consent Agreement with the District Municipality of Muskoka under Section 51(26) of the Planning Act and

Minutes – Committee of Adjustment – April 14, 2008 Page 2 of 12 Minutes – Committee of Adjustment – April 14, 2008 Page 3 of 12

this Agreement be registered on title. The agreement shall deal with the location of any proposed well on the severed and retained lots in relation to the District Road.

4. That entrance matters be addressed to the satisfaction of the District 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.

Carried.

7. Hearing of Consent Applications

a. B/04/05/06/08/ML, Baker/The Baker Family Trust, Part of Lot 22, Concession D, (Medora), Roll #’s 6-19-043 and 6-19-042

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

Notice of the Hearing was circulated 27 days prior.

Submissions were received as follows:

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

ii) Letter from Mr. Roger Duke, Ralph R. Duke & Sons Ltd., in support of the application. Mr. Ellis read the letter, a copy of which is attached.

iii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Nick Roche, agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V6, attended the meeting. Mr. Roche indicated the existing sewage system has been in operation for fifteen years. In lieu of the system being replaced, the applicants would like to enter into an agreement with the municipality to keep the system where it is until its failure.

Mr. Brian Baker, applicant, 10 Edenbridge Dr., Etobicoke, ON, M9A 3E9, attended the meeting. Mr. Baker indicated the Ham family is aware of the location of the septic system and have no issues. He also noted it would be a considerable expense to replace the system.

Mr. Roche indicated an agreement could be drafted so any application for a Building Permit, or failure of the septic system, would initiate the replacement of the septic system onto the Baker’s own land.

Mr. Fahner questioned if the Ham family had been approached to purchase the location of the septic system. Mr. Roche indicated this is an ongoing discussion between the families, and noted this option would be explored.

Committee discussed the merits of the application but were concerned because the Ham family did not submit any support. Committee agreed to adjourn the application until something in writing was submitted from the Ham family and a time limit imposed on the replacement of the septic system.

Minutes – Committee of Adjustment – April 14, 2008 Page 3 of 12 Minutes – Committee of Adjustment – April 14, 2008 Page 4 of 12 b. B/07/08/ML, Goltz/Kramer, Part of Lot 11, Concession 10, (Monck), 9-7-043

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

Notice of the Hearing was circulated 27 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Lorne Goltz, applicant, 1301 Falkenburg Rd., Bracebridge, ON, P1L 1X4, attended the meeting. Mr. Goltz indicated they have an application into the municipality to close the road currently separating the lot.

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

Committee questioned staff regarding the identified Species at Risk. Mr. Fahner indicated when creating three or more lots, a Species at Risk study is required. In this case the Hognose Snake is an Endangered Species.

Resolution Number: CA-04-14/04/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/08/09/08/ML, (Goltz/Kramer), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lots (including all required rights-of-way and easements) 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. A road widening across the frontage on both the severed and reatined lands to match the width shown on Plan 35R-18378 be dedicated to the District Municipality of Muskoka for road widening purposes. 4. The applicant enters into a Consent Agreement with the District Municipality of Muskoka under Section 51(26) of the Planning Act and this Agreement be registered on title. The agreement shall deal with the location of any proposed well on the severed and retained lots in relation to the District Road. 5. That the subject land be subject to site plan control.

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 – April 14, 2008 Page 4 of 12 Minutes – Committee of Adjustment – April 14, 2008 Page 5 of 12

A Lot Development Package was made available to the applicant.

8. Hearing of Minor Variance Applications

a. A-12/08, Brent, Part of Lot 16, Concession C, (Medora), Roll # 6-18-117-01.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Member Ellis did not participate in the discussion due to a conflict of interest.

Mr. Warren Brent, applicant, 2729 Highway 141, Utterson, ON, P0B 1M0, attended the meeting. Mr. Brent indicated the reason for the application is to change the pitch on the roof of the dwelling; he submitted an aerial view of the property, a copy of which is attached.

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

Committee had no questions.

Resolution Number CA-05-14/04/2008

Member Edwards – Member Pryke : Be it resolved that Application A-12/08, Brent, to permit the construction of a garage 24 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant.

b. A-13/08, Hargrave, Part of Lot 13, Concession 14, (Wood), 8-12-009.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Bill Hargrave, applicant, 61 Brooklyn Ave., Toronto, ON, M4M 2X4, attended the meeting. Mr. Hargrave indicated he was available for questions.

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

Committee had no questions.

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Resolution Number CA-06-14/04/2008

Member Edwards – Member Ellis: Be it resolved that Application A-13/04, Hargrave, to permit the construction of an addition 27 feet from the high water mark and to allow the addition to be connected with a hallway to the existing dwelling, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant. c. A-15/08, Herrmann, Part of Lot 27, Concession 6, Part 1, (Port Carling), 5-4-086.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Ray Bradshaw, agent, 1004 Tom Wroe Rd., RR 1, Port Carling, P0B 1A0, attended the meeting. Mr. Bradshaw indicated he was available for questions.

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

Committee had no questions.

Resolution Number CA-07-14/04/2008

Member Ellis – Member Edwards: Be it resolved that Application A-15/08, Herrmann, to permit a portion (roofline) of the two storey boathouse to be 28 feet 4 inches in height and to permit the roofline to be 14 feet from the projected side lot line, 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 that visually, the peaked roofline is an improvement as to what existed, habitable space is not changing and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent.

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d. A-16/08, McCann, Part of Lot 21, Concession E, (Medora), Roll # 6-19-033.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of support from Mr. Lawrence J. Scott. Mr. Ellis read the letter, a copy of which is attached.

Mr. Brian Hoar, agent, RR 2, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Hoar indicated the applicant had difficulty contacting the original builder, and he advised her to call the municipality for a framing inspection. At the time of inspection, it had been discovered there was a Building Permit for the dock only, not the boathouse. Mr. Hoar explained the builder had assured Mrs. McCann that a Building Permit had been obtained. They are attempting to rectify the situation with this application.

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

Committee had no questions.

Resolution Number CA-08-14/04/2008

Member Pryke – Member Ellis: Be it resolved that Application A-16/08, McCann, to permit the total cumulative width of docks to be 76.8 feet, to permit a two storey boathouse to be 38.9 feet from the side lot line and to permit the boathouse to extend 43 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

e. A-17/08, Geiger, Part of Burgess Island, Lake Joseph, (Medora), 4-24-034.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of support from Ms. Fran Pauze. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter of support from Mr. Phil Buck. Mr. Ellis read the letter, a copy of which is attached.

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iii) Letter of support from Ms. Isobel Spragg. Mr. Ellis read the letter, a copy of which is attached.

iv) Letter of support from Ms. Mary Hughes. Mr. Ellis read the letter, a copy of which is attached.

v) Letter of support from Ms. Robin Gurney. Mr. Ellis read the letter, a copy of which is attached.

vi) Letter of support from Ms. Isobel Welsman. Mr. Ellis read the letter, a copy of which is attached.

vii) Letter of support from Mr. Graeme Gaudet. Mr. Ellis read the letter, a copy of which is attached.

Ms. Angela Ghikadis, agent, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis distributed photographs to Committee, copies of which are attached. Ms Ghikadis explained the buildings were built in 1898, and they would be reusing the existing cribs. Ms. Ghikadis reviewed the four tests of a Minor Variance and noted the letters of support from the neighbours.

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

Committee had no questions.

Resolution Number CA-09-14/04/2008

Member Pryke – Member Ellis: Be it resolved that Application A-17/08, Geiger, to permit the total cumulative width of docks to be 105 feet, to permit a portion of the boathouse to extend 18 feet into the front yard, and to permit the combined size of all second stores of the boathouses to be 957 square feet, 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 the property has large frontage and the development potential is high, the canoe house is historical and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent.

f. A-18/08, Newman, Part of Lot 18, Concession 9, Lot 6, Plan 21, (Monck), 9-8-022.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Mr. Art Luker, agent, RR 2, Bracebridge, ON, P1L 1W9, attended the meeting. Mr. Luker reviewed the purpose of the application and noted the applicants have initiated tree plantings along the shoreline.

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

Committee questioned if the septic system had been upgraded. Mr. Luker indicated Building Inspector, Mr. Sandy Bos, has approved the septic system.

Mr. Newman, applicant, 403 Spruce St., Oakville, ON, L6J 2H2, attended the meeting. Mr. Newman indicated the garage remained due to the lateness in the season. He explained he had spoke with the neighbours and they indicated they were in support, and thought it would be unnecessary to alter the garage.

Resolution Number CA-10-14/04/2008

Member Pryke – Member Edwards: Be it resolved that Application A-18/08, Newman, to permit a lot coverage of 8.5% or 2,194 square feet of structures on the lot within 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicants. g. A-19/08, Cardinal Sports Management Inc., Part of Lots 6 and 7, Concession 8, Parts 40-49, Plan BR-154, (Medora), Roll # 4-5-084.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Gerald Secord, agent, 44 Marsh St., Ridgetown, ON, N0P 2C0, attended the meeting. Mr. Secord indicated he was available for questions.

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

Mr. Fahner indicated this was one of the parties that had appealed the Waterfront Density by-law to the Ontario Municipal Board. This matter was settled.

Committee questioned the applicant if the exterior lighting would all be dark sky compliant. Mr. Secord indicated it would be.

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Resolution Number CA-11-14/04/2008

Member Pryke – Member Ellis: Be it resolved that Application A-19/08, Cardinal Sports Management Inc., to permit the construction of a two storey boathouse 62 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. B/87/88/ML, Peat, Part of Lot 58, Concession B, (Cardwell), Roll # 1-1-037. This application was adjourned at the February 11, 2008 hearing.

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

Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated he was available for questions.

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

Committee had no questions.

Resolution Number: CA-12-14/04/2008

Member Pryke – Member Ellis: Be it resolved that Consent be granted for Application B/87/88/07/ML, (Peat), 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 Crawford Street be surveyed and dedicated to 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 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.

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b. B/100/101/07/ML, Abbey Farms Limited, Part of Lots 2 and 3, Concession 10, Parts 1-3, Plan 35R-8734 (Medora), Roll # 4-6-077.

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

Submissions were received as follows:

i) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated all outstanding issues have been addressed.

Committee had no questions.

Resolution Number: CA-05-14/04/2008

Member Pryke – Member Ellis: Be it resolved that Consent be granted for Application B/100/101/07/ML, (Abbey Farms Limited), 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. That an environmental easement on the entire property be registered with Canadian National (CN Rail), to ensure that future residents are aware of the railway and agree not to submit nuisance complaints.

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.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

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14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-14-14/04/2008

Member Edwards –Member Ellis: Be it resolved that the meeting adjourn at 11:07 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – April 14, 2008 Page 12 of 12 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, May 5th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Susan Pryke L. Hamm - Planning Administrative Assistant Anna Mallin

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-05/05/2008

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated May 5, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated April 14, 2008, is attached.

Resolution Number: CA-02-05/05/2008

Member Edwards – Member Ellis: Be it resolved that the minutes dated April 14, 2008, be adopted and approved as circulated.

Carried.

5. Delegations

a. None.

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

a. B/10/11/08/ML, Blair, Fawn Island, Lake Joseph, Parts 1 and 2, Plan 35R-4407, (Wood), Roll # 8-3-091-03

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

Minutes – Committee of Adjustment – May 5, 2008 Page 2 of 10

Notice of the Hearing was circulated 25 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis reviewed the nature and purpose of the application, and indicated she was available to answer questions.

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

Committee questioned the measurement from the existing dwelling to the lot line. Ms. Ghikadis indicated the measurement is less than the 15 foot required side yard setback, and explained the dwelling is old and will require replacement in the future. She stated any new dwelling would be in compliance.

Committee questioned if a Minor Variance would be required. Mr. Fahner indicated the dwelling would be legal non-complying until it is replaced.

Ms. Ghikadis indicated the reason for the lot line location is due to the effect on the frontage of the property. She explained the applicants may wish to have a boathouse in the future and they want to make sure the setbacks will be able to be met.

Resolution Number: CA-03-05/05/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/10/11/08/ML, (Blair), provided the following conditions are fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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 area on both of the resultant lots.

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.

A Lot Development Package was made available to the agent.

7. Hearing of Consent Applications

a. None.

Minutes – Committee of Adjustment – May 5, 2008 Page 3 of 10

8. Hearing of Minor Variance Applications

a. A-08/08, Gold, (Amended), Part of Lot 3, Concession 3, Parts 1 and 6, Plan 35R-3495, (Wood), Roll #’s 8-3-091-03.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Sheldon Gold, applicant, 57 Dunloe Rd., Toronto, ON, M5P 2T5, attended the meeting. Mr. Gold explained the purpose of the application, and noted the difficulty is due to the peculiar shape of the lot.

Committee questioned staff if the proposed structure were to comply, where could it be located. Mr. Ellis indicated due to the rocky nature of the shoreline the only location is the proposed location.

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

Resolution Number CA-04-05-05/2008

Member Edwards – Member Ellis: Be it resolved that Application A-08/08 – Amended, to permit the construction of a dock 20 feet from the side lot line, a single storey boathouse 23 feet from the side lot line, to permit a lot coverage of 10.8% or 4,061 square feet of structures on the lot within 200 feet from the high water mark, 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 the proposed boathouse in non-habitable, the configuration of the lot hinders lot coverage calculations, the boathouse is not large and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

b. A-20/08, Cook, Part of Black Forest Island, Lake Joseph, Part 5, Plan 35R-16758, (Medora), Roll # 4-24-018-04.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. James Ireland, agent, 306 Garden Ave., Toronto, ON, M6R 1J6, attended the meeting. Mr. Ireland indicated he was available to answer questions.

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

Minutes – Committee of Adjustment – May 5, 2008 Page 4 of 10

Committee had no questions.

Resolution Number CA-05-05-05/2008

Member Ellis – Member Edwards: Be it resolved that Application A-20/08, Cook, to permit the cumulative width of docks to be 111 feet, 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 the proposed structures are non-habitable, only a small portion is over the 25% permitted, the shoreline structures are physically located on two different frontages which lessens the impact.

A Lot Development Package was made available to the agent.

c. A-21/08, Penwell, Part of Lot 25, Concession 3, (Medora), 6-26-036-10.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Public Works Department. Mr. Ellis read the letter, a copy, of which is attached.

Ms. Rebecca Penwell, applicant, 3842 Muskoka Road 118 W, Port Carling, P0B 1J0, attended the meeting. Ms. Penwell indicated the purpose of the application was to construct a fire exit.

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

Committee had no questions.

Resolution Number CA-06-05/05/2008

Member Ellis – Member Edwards: Be it resolved that Application A-21/08, Penwell, to permit the construction of an exit (landing and stairway), 6 feet 8 inches from the side lot in and 41 feet 6 inches from the rear lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant.

d. A-22/08, Martyniuk, Part of Lot 29, Concession 5, (Watt), Roll # 2-9-072.

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

Notice of the Hearing was circulated 11 days prior.

Minutes – Committee of Adjustment – May 5, 2008 Page 5 of 10

Submissions were received as follows: i) Letter of opposition from Mr. Donald Lang, Mr. Ellis read the letter, a copy, of which is attached. ii) Letter of opposition from Mr. Jack Petch, Mr. Ellis read the letter, a copy of which is attached.

Mr. James Ireland, agent, 306 Garden Ave., Toronto, ON, M6R 1J6, attended the meeting. Mr. Ireland reviewed the purpose and intent of the application and indicated he was available to answer questions.

Committee questioned staff about the frontage measurement on Long Bay. Mr. Ellis indicated the frontage on Long Bay is in excess of 500 feet.

Mr. Nick Roche, agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V6, attended the meeting. He indicated he represented Mr. John Petch, a neighbour of the applicant opposed to the application. Mr. Roche argued the proposal was in contravention of the by- law, is not in the spirit of the by-law, nor is the request minor in nature. This would allow greater development rights on the subject property. He noted the proposed increase in bulk of the boathouse would affect Mr. Petch’s view from his dwelling. The variances requested should be denied.

Mr. Ron Doty, neighbour, 51 Brofoco Dr., Bracebridge, ON, P1L 1C9, attended the meeting. Mr. Doty questioned the height of the proposed boathouse. Mr. Ellis indicated the height would be 23 feet.

Committee questioned why additional covered space is allowed. Mr. Fahner indicated lots with over 400 feet of frontage are allowed 650 square feet in habitable space as well as an additional 250 square feet of covered area.

Mr. Ireland indicated the applicant could build the boathouse further out into the water, but moved the bulk further back and located the small dock around the corner to spread out the boat traffic.

Resolution Number CA-07-5/05/2008

Member Ellis – Member Edwards: Be it resolved that Application A-22/08, Martyniuk, to recognize the subject land as having 630 feet of lot frontage and to permit the total cumulative width of docks to be 95 feet, 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 the proposed boathouse in non-habitable, the configuration of the lot hinders lot coverage calculations, the boathouse is not large and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent.

Minutes – Committee of Adjustment – May 5, 2008 Page 6 of 10 e. A-23/08, Inward, Part Lot 20, Concession 13, Part 1 Plan 35R-22027, (Monck), 9-13-037.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Mr. Robert Inward, applicant, 2 Choiceland Blvd., Scarborough, ON, M1C 4X7, attended the meeting. Mr. Inward explained the existing dwelling is small and old, and would like to replace it with a moderately larger dwelling.

Ms. Verna Wise, neighbour, 562 Lisgar St., Ottawa, ON, K1R 5H5, attended the meeting. Ms. Wise indicated they own the abutting property and have never developed the lot. It has always been used as access to their property on Beryl Island. She questioned why the applicants needed to go through the process.

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

Committee questioned if they could rebuild the existing dwelling. Mr. Fahner indicated they could add onto the existing or reconstruct it, but would not be allowed any additional structures on the property.

Mr. Inward explained he purchased the property in 1971, with the 20 ft. x 20 ft. dwelling and a chemical toilet outside. At that time the survey showed 100 feet of frontage, a current survey shows 99.8 feet of frontage.

Committee agreed to impose conditions restricting the length and width of any dock, and prohibit any boathouse or boatport on the property due to the narrow waterbody.

Resolution Number CA-08-05/05/2008

Member Ellis – Member Edwards: Be it resolved that Application A-23/08, Inward, to recognize the subject land as having 98 feet of frontage, therefore, recognizing the land as a legal building lot, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions:

i) There be no boathouse or boatport permitted on the lot and the dock length is limited to 30 feet in length and 8 feet wide.

ii) Confirmation that the Township is satisfied that the subject lot is satisfactory for on-site sewage disposal and that any problem identified with any existing sewage system be corrected to the satisfaction of the Township.

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 the variance is minimal, any new structure will be an improvement to what is existing, the property is well vegetated and the neighbour did not indicate any concerns.

A Lot Development Package was made available to the applicant.

Minutes – Committee of Adjustment – May 5, 2008 Page 7 of 10 f. A-24/08, Scrivens, Part of Lot 21, Concession F, (Medora), 6-22-065.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Mr. Cameron Scrivens, applicant, 14 South Dr., Toronto, ON, M4W 1R1, attended the meeting. Mr. Scrivens reviewed the nature and purpose of the application and noted he was available to answer questions.

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

Committee questioned why there was not an assigned civic address. Mr. Scrivins indicated he had an address for the island, but not the landing. Committee suggested Mr. Scrivins go to the Public Works Department to be assigned an address for the landing.

Resolution Number CA-09-05/05/2008

Member Mallin – Member Pryke: Be it resolved that Application A-24/08, Scrivens, to allow a legal non-conforming use (boathouse) to be reconstructed with an increased height of eight feet, to permit a dock to be eight feet and a boathouse 12 feet from the southerly side lot line, to permit a boathouse to be 3.5 feet from the northerly side lot line and to permit a dock to be one foot from the rear lot line and street, as shown on the plan attached to the Notice of Decision is hereby approved.

Carried.

A Lot Development Package was made available to the applicant. g. A-25/08, Davidson, Part of Lot 38, Concession 7, Lot 4, Plan M-277, (Bala), Roll # 7-2-064.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Christie Hamilton, agent, Muskoka Parry Sound Engineering & Design Services Inc., 63 Joseph St., P0B 1J0, attended the meeting. Ms. Hamilton indicated she was available to answer questions.

Committee had no questions.

Minutes – Committee of Adjustment – May 5, 2008 Page 8 of 10

Resolution Number CA-10-05/05/2008

Member Pryke – Member Mallin: Be it resolved that Application A-25/08, Davidson, to permit the construction of a garage 10 feet from the street/rear lot line, 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 the proposed garage is located further from the road than what is existing, there is a small buffer along the road and the garage will not be seen from the water.

A Lot Development Package was made available to the agent. h. A-26/08, Butler, Part of Lot 29, Concession 5, Lot 13, Plan M-362, Parts 3 and 5, Plan 35R- 9866, (Watt), Roll # 2-9-070.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of support from Mr. Jack Petch, Mr. Ellis read the letter, a copy, of which is attached.

Mr. Cary Cain, agent, 25 McCrank Dr., Bracebridge, ON, P1L 1A9, attended the meeting. Mr. Cain indicated the existing lot coverage is 6.1%.

Committee had no questions.

Resolution Number CA-11-05/05/2008

Member Mallin – Member Pryke: Be it resolved that Application A-26/08, Butler, to permit the construction of an addition (Muskoka Room) 43 feet from the high water mark, 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 the addition does not encroach into the front yard any further than the deck at the front of the dwelling, no trees will be removed, the property is well vegetated and will not be visible from the water.

A Lot Development Package was made available to the agent.

Minutes – Committee of Adjustment – May 5, 2008 Page 9 of 10

i. A-27/08, Riddoch, Part of Lot 19, Concession E, (Medora), Roll # 6-19-007-01

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Brent & Victoria Riddoch, applicants, 222 Dumcombe Rd., Waterford, ON, N0E 1Y0, attended the meeting. Mr. Riddoch indicated his lot was recently surveyed. The previous survey showed his frontage was over 200 feet, the new survey indicates 186 feet of frontage.

Committee had no questions.

Resolution Number: CA-12-05/05/2008

Member Mallin – Member Pryke: Be it resolved that Application A-27/08, Riddoch, to permit the construction of a boathouse 24.7 feet from the side lot line and to permit the cumulative width of a boathouse to be 32 feet, as shown on the plan attached to the Notice of Decision, is hereby approved

Carried.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. Amended Notice of Decision, B/45/06/ML, Part of Lot 6, Concession 9, Part 4, Plan 35R- 6361, (Medora), Roll # 4-6-002.

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

Members Mallin and Edwards did not vote on the matter as they were not present at the hearing of the original application.

Resolution Number: CA-13-05/05/2008

Member Pryke – Member Mallin: Be it resolved that the decision of the Committee of Adjustment dated May 14, 2007, for Application B/46/06/ML, (Ross), is hereby amended by deleting Condition Number 6 (filter bed on severed lot).

Minutes – Committee of Adjustment – May 5, 2008 Page 10 of 10

EXPLANATION OF CHANGES: Through a review of the file, it was determined the condition was not necessary as the existing filter bed is adequately functioning.

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.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-05-05/05/2008

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 10:55 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, May 26th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-26/05/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated May 26, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated May 5, 2008, is attached.

Resolution Number: CA-02-26/05/2008

Member Pryke – Member Mallin: Be it resolved that the minutes dated May 5, 2008, be adopted as amended.

The minutes should be dated as Monday, May 5, 2008, not Tuesday. Item 8.d. (Martyniuk), the last sentence required clarification, and the reasons for the decision needed to be included.

Carried.

5. Delegations

a. None.

Minutes – Committee of Adjustment – May 26, 2008 Page 2 of 11

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

a. None.

7. Hearing of Consent Applications

a. B/23/13/08/ML, Hicks, Part of Lot 35, Concession 13, (Medora), Roll #’s 4-16-021-01 and 4- 16-022

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

Mr. John Jackson, agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-03-26/05/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/12/13/08/ML, (Hicks), provided the following conditions are fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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. Carried.

A Lot Development Package was made available to the agent.

b. B/14/16/17/08/ML, Robertson, Ishkaugua Island Trust #1 and #2, Newton or Ishkaugua Island, Lake Rosseau, (Medora), Roll #’s 4-26-062-03, 4-26-062, and 4-26-062-01

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

Minutes – Committee of Adjustment – May 26, 2008 Page 3 of 11

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis reviewed the purpose of the application and indicated she was available to answer questions.

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

Committee questioned the suitability of the lots for septic systems. Ms. Ghikadis indicated the land is vacant and the Septic Suitability studies had been completed and did not anticipate any problems.

Resolution Number: CA-04-26/05/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/14/16/17/08/ML, (Robertson), provided the following conditions are fulfilled.

Carried.

A Lot Development Package was made available to the agent. c. B/15/08/ML, Santangelo, Part of Lot 31, concession 12, Parts 3, 4, 6-12, Plan 35R-8848, (Watt), Roll # 2-26-030

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

Mr. Bob Hawkins, agent, 5 McMurray St., Parry Sound, ON, P2A 1E6, attended the meeting. Mr. Hawkins indicated he was available to answer questions.

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

Committee questioned how the applicants could build a boathouse and garage without a main dwelling on the property. Mr. Fahner indicated they would need to contact the Building Department.

Mr. Hawkins indicated the boathouse was not under construction at this time, and noted the application is to allow a two storey boathouse. Mr. Ellis indicated the framing for the boathouse is up and the docks are complete.

Committee agreed to adjourn the application until they had the opportunity review information from the Building Department.

Minutes – Committee of Adjustment – May 26, 2008 Page 4 of 11

A Lot Development Package was made available to the agent. d. B/18/08/ML, MacDonald, Part of Lots 33 and 34, Concession 4, Parts 3-5, Plan 35R-3852, (Port Carling), Roll # 5-6-009

Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis indicated both applications B/18/08/ML and B/19/08/ML (items 7.d. and 7.e.), would be discussed under item 7.d.

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Letter from Mr. H.J. Malec, requesting notification of decision. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter from Mr. Doug Carruthers, requesting notification of decision. Mr. Ellis read the letter, a copy of which is attached.

iv) Letter from Lorna & Gene Page, requesting notification of decision. Mr. Ellis read the letter, a copy of which is attached.

v) Letter from Ms. Sandra Black, in support of B/18/08 and requesting notification of decision. Mr. Ellis read the letter, a copy of which is attached.

Ms. Michael Anne MacDonald, agent, 3 Hiawatha Lane, Box 278, Port Carling, ON, P0B 1J0, attended the meeting. Ms. MacDonald explained the reason for the applications is financial while still retaining water frontage. She noted the existing boathouse was built in 1874 and is very desirable since the slips are large enough to accommodate antique boats. The new septic system allows for 14- 60 bedrooms.

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

Committee questioned if the lot lines could be located to allow the sufficient amount of frontage to comply with the by-law. Mr. Fahner indicated staff recommends the lot line be deviated so the projection clears the existing docks. The frontage of the retainedt lot is unknown at this time, in the past this has been a condition of Consent. When confirmation of the lot lines is received, and if it is significantly different than what is approved, the application would be brought back to Committee.

Committee questioned if both applications could be approved to allow the applicants to choose. Mr. Fahner indicated the conditions of each application allows for flexibility.

Committee questioned if the boathouse would have a separate septic system and roadway. Ms. MacDonald indicated ample room is available for a septic system and they are currently in the process of building a road.

Committee questioned if there would be another application for a right-of-way. Ms. MacDonald indicated the rights-of-way are already existing and registered.

Resolution Number: CA-05-26/05/2008

Minutes – Committee of Adjustment – May 26, 2008 Page 5 of 11

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/18/08/ML, (MacDonald), 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 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 lot line be amended to include the entire deck leading to the boathouse on the retained lot and the severed lot be brought into conformity with the Zoning By-law, by means of an exemption to the minimum lot frontage requirement of 200 feet. 4. That consent (B/19/08/ML) not be completed.

Carried.

A Lot Development Package was made available to the agent. e. B/19/08/ML, MacDonald, Part of Lots 33 and 34, Concession 4, Parts 3-5, Plan 35R-3852, (Port Carling), Roll # 5-6-009

This item was discussed under item 7.d.

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

Resolution Number: CA-06-26/05/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/19/08/ML, (MacDonald), 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 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 retained lot be rezoned to Waterfront Residential (WR2). 5. That consent (B/18/08/ML) not be completed.

Minutes – Committee of Adjustment – May 26, 2008 Page 6 of 11

Carried.

A Lot Development Package was made available to the agent.

f. B/20-24/08/ML, Wallace Marine Limited, 2162262, 2027587, and 2027588 Ontario Inc., Part of Lot 24, Concession 11, (Medora), Roll #’s 4-14-065, 4-14-066, 4-14-066-01, 4-14-068, and 4-14-069

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

Mr. Greg Corbett, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett questioned the request from the District Municipality of Muskoka to enter into an agreement regarding future services. Mr. Fahner indicated he thought the request seemed excessive since the existing private sewage system is approved and monitored by the Ministry of Environment.

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

Committee had no questions.

Resolution Number: CA-07-26/05/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/20-24/08/ML, (Wallace Marine Limited, 2162262 Ontario Inc., 2027587 Ontario Inc., 2027588 Ontario Inc., provided the following conditions are fulfilled.

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

Carried.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-14/08,Jamieson, Part of Lot 26, Concession 4, Parts 2-4, Plan BR-627, (Wood), Roll # 6- 2-095.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. James Jamieson, owner, 158 Widdifield Ave., Newmarket, ON, L3X 1Z2, attended the meeting. Mr. Jamieson indicated he was available to answer questions.

Minutes – Committee of Adjustment – May 26, 2008 Page 7 of 11

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

In answer to Committee’s question Mr. Ellis indicated the lot coverage is under 10%.

Committee questioned if the pump house would be removed and if there is any buffering at the side yard. Mr. Jamieson indicated the pump house would be removed and there is buffering along the side yard.

Resolution Number CA-08-26/05/2008

Member Edwards – Member Ellis: Be it resolved that Application A-14/08, Jamieson, to permit the construction of a dwelling 40 feet from the high water mark and two feet from the side lot line, 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 the proposed dwelling is no closer than the existing, a portion of the proposed dwelling will be further from the lot line (westerly at the front) and the neighbours did not indicate any concern.

A Lot Development Package was made available to the applicant.

b. A-28/08, Hand, Part of Lot 24, Concession 6, Parts 2-7, Plan 35R-4822, (Port Carling), Roll # 5-4-046.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Peter Hand, applicant, 2 Falls View Rd., Toronto, ON, M8X 1V5, attended the meeting. Mr. Hand reviewed the purpose of the application and indicated he hoped to retain all of the existing trees.

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

Committee had no questions.

Resolution Number CA-09-26/05/2008

Member Edward – Member Ellis: Be it resolved that Application A-28/08, Hand, to permit the constriction of a sleeping cabin 11 feet from the side lot line, 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

Minutes – Committee of Adjustment – May 26, 2008 Page 8 of 11

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 is no closer than the existing, there will be no tree removal and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

c. A-29/08, Robinson, Part of Lot 33, Concession 5, Part 5, Plan 35R-10555, (Medora), Roll # 4-9-054.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Lanny Dennis, agent, Wayne Simpson and Associates, 11 Centre St., Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Dennis indicated the proposed cabin would be located a considerable distance from the lake and is well buffered with a significant amount of trees.

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

Committee had no questions.

Resolution Number CA-10-26/05/2008

Member Edwards – Member Ellis: Be it resolved that Application A-29/08, Robinson, to permit the construction of a garage with a sleeping cabin on the second floor, 23 feet 3 inches in height, as shown on the plan attached to the 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 the proposed structure is well set back from the lake and along with buffer between the properties, the structure will not be seen and would have minimal impact.

A Lot Development Package was made available to the agent.

d. A-30/08, Cassaday, Part of Lot 15, Concession 11, Parts 2-4, Plan 35R-20663, (Medora), roll # 4-12-044-06.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from the Mr. Drew Ridpath, agent, amending the application to increase the requested lot coverage from 10.21% to 10.97%. Mr. Ellis read the letter, a copy, of

Minutes – Committee of Adjustment – May 26, 2008 Page 9 of 11

which is attached.

Mr. Drew Ridpath, agent, P.O. Box 822, Lakefield, ON, K0L 2H0, attended the meeting. Mr. Ridpath explained a re-evaluation of the submitted figures determined the lot coverage to be 10.21% as built. The amended proposal requested is 10.97% lot coverage instead of over 11%. He noted the applicants have retained a landscape architect to return the shorefront area to a natural state.

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

Committee noted discrepancies in the calculations and indicated they would like a building location survey to confirm the existing buildings.

Committee questioned the reason for the covered area from the car port to the back door. Mr. Ridpath indicated it is for a covered walkway from the carport to the dwelling so his clients do not get wet when it rains. Committee indicated this was not a valid planning reason and thought they could comply.

Committee agreed to adjourn this application until a building location survey was submitted to confirm the existing buildings.

Mr. Fahner indicated the applicant must submit the requested information at least 14 days prior to the meeting date in order to get onto the agenda.

A Lot Development Package was made available to the agent.

e. A-31/08, Wright, Part of Lots 23 and 24, Concession 4, Part 1, Plan BR-1103, (Medora), Roll# 4-9-022.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Kip Phillips, Muskoka Parry Sound Engineering & Design Services Inc., agent, 63 Joseph St., Port Carling, ON, P0B 1J0, attended the meeting. Mr. Phillips reviewed the topography of the lot, and explained the reasons for the proposal.

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

Committee had no questions.

Resolution Number CA-11-26/05/2008

Member Ellis – Member Edwards: Be it resolved that Application A-31/08, Wright, to permit the construction of an addition to a dwelling to be located 12 feet (at the closest point) from the high water mark and to permit the construction of a deck 10 feet (at the closest point) from the high water mark, 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

Minutes – Committee of Adjustment – May 26, 2008 Page 10 of 11

property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted physical terrain constraints on the property restrict building locations, the building line is being maintained, the shoreline is irregular, there is to be no blasting and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. Amended Decision, B/07/08/ML, Goltz/Kramer, Part of Lot 11, Concession 10, (Monck), Roll # 9-7-043.

Mr. Fahner reviewed the history, nature and location of the application/property. He explained a Colonization Road runs through the property, therefore, two lots already exist. Since no additional vacant lots are being created, cash-in-lieu of parkland is not required.

It was noted Member Mallin was not present at the time of the original hearing, therefore, she did not vote on the matter.

Resolution Number: CA-12-29/05/2008

Member Ellis – Member Edwards: Be it resolved that the decision of the Committee of Adjustment dated April 14, 2008, for Application B/07/08/ML, (Goltz/Kramer), is hereby amended by deleting Condition Number 2 (cash-in-lieu of parkland).

All other conditions imposed in the Notice of Decision dated April 14, 2008, apply.

EXPLANATION OF CHANGES: Through a review of the file, it was determined the condition was not necessary. Two lots exist today and no new additional vacant lots are proposed to be created.

Carried.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

Minutes – Committee of Adjustment – May 26, 2008 Page 11 of 11

15. Adjournment

a. Resolution Number: CA-13-26/05/2008

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 10:55 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, June 16th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-16/06/2008

Member Mallin – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated June 16, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated May 26, 2008, is attached.

Member Edwards indicated item 7.d., first paragraph, second sentence, the word “to” should be removed.

Resolution Number: CA-02-16/06/2008

Member Edwards – Member Mallin: Be it resolved that the minutes dated May 26, 2008, be adopted as amended.

Carried.

5. Delegations

a. None.

Minutes – Committee of Adjustment – June 16, 2008 Page 2 of 11

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

a. B/25/08/ML, Jaques, Part of Lot 4, Concession 14, Parts 1 and 2 on Plan BR-344, Part 1 on Plan 35R-2710, Lot 4 on Plan M-400, (Medora), Roll #’s 4-8-044 and 4-8-045.

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

ii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

iii) Letter from Scott and Kimberley Green indicating no objection. Mr. Ellis read the letter a copy of which is attached.

Ms. Nancy LeBlanc, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. LeBlanc explained the application was to re-establish two separate lots that merged in 1978. She noted comments submitted by the District Municipality of Muskoka regarding the narrow waterbody and proposed boathouse on the retained lot. She indicated an existing boathouse on the retained lot is proposed to be replaced with a two storey boathouse.

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

Committee had no questions.

Resolution Number: CA-03-16/06/2008

Member Edwards – Member Mallin: Be it resolved that Consent be granted for Application B/25/08/ML, (Jaques), provided the following conditions are fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 area on the severed and retained lots. 4. That Lot 4, Plan M-400 and Part 1, Plan 35R-2710, merge in title and Lot 4, Plan M-400 be deemed not to be a lot on a plan of subdivision.

Carried.

A Lot Development Package was made available to the agent.

Minutes – Committee of Adjustment – June 16, 2008 Page 3 of 11

7. Hearing of Consent Applications

a. B/28/08/ML, Murton, Part of Lot 31, Concession 7, Part of Lot 2, Lot 3, and Part of Lot 4 on Plan M-8, Part 1 on Plan 35R-21659, (Wood), Roll # 7-6-003.

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

ii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached.

Mr. Tom Bunker, Agent, T A Bunker Surveying Ltd., P O Box 1180, Gravenhurst, ON, P1P 1V4, attended the meeting. Mr. Bunker indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-04-16/06/2008

Member Mallin – Member Edwards: Be it resolved that Consent be granted for Application B/28/08/ML, (Murton), provided the following conditions are fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that resultant 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. Carried.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-32/08,Liquor Control Board of Ontario, Part of Lot 31, Concession 4, Lot 33 and Part of Lot 34 on Plan 1, Parts 1-3 on Plan RD-217, (Port Carling), Roll # 5-3-034.

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

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Letter from Burt C. Grant from Lawrence Construction Co. Limited requesting notice of decision. Mr. Ellis read the letter, a copy, of which is attached.

Minutes – Committee of Adjustment – June 16, 2008 Page 4 of 11

Mr. Ray Dupuis, agent, 2040 Algonquin Rd., Suite 16, Sudbury, ON, P3Z 4A6, attended the meeting. Mr. Dupuis indicated the docks would be maintained by the L.C.B.O., and was available to answer questions.

Chair Hare indicated he was pleased with the installation of dark sky compliant lighting on the L.C.B.O. building in Port Carling.

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

Committee had no questions.

Resolution Number CA-05-16/06/2008

Member Mallin – Member Edwards: Be it resolved that Application A-32/08, Liquor Control Board of Ontario, to permit the construction of a dock zero feet from the side lot line, 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 property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted there were no objections, the proposed will enhance the downtown area of Port Carling by providing a boardwalk/access along the waterfront.

A Lot Development Package was made available to the agent.

b. A-33/08, Knoll, Part of Lot 34, Concession 7, Lot 33 on Plan M-15, (Bala), Roll # 7-3-084.

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

Notice of the Hearing was circulated 13 days prior.

No submissions were received.

Mr. Michael MacDonald, agent, 87 Findlay Road, Box 150, Midhurst, ON, L0L 1X0, attended the meeting. Mr. MacDonald indicated he was available to answer questions.

Ms. Cathy Brown, neighbour, 55 Lloyd Manor Rd., Etobicoke, ON, M9B 5H9, attended the meeting. Ms. Brown had concerns with noise and traffic. She questioned when the construction would begin and how long the project would take. Mr. MacDonald indicated the construction would begin when the building permit was secured and noted it is a small project and would not take long to complete. The proposed building is to be moved onto the site. He stated he would meet Ms. Brown’s timing demands. Ms. Brown indicated support of the application.

No one attended in opposition to the application.

Committee had no questions.

Minutes – Committee of Adjustment – June 16, 2008 Page 5 of 11

Resolution Number CA-06-6/06/2008

Member Edwards – Member Mallin: Be it resolved that Application A-33/08, Knoll, to permit the construction of a sleeping cabin on a lot that is zoned Community Residential (R1), a 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 the sleeping cabin is small, the neighbour has indicated support, and the by-law requirements are to be changing to allow sleeping cabins in the communities where there is water frontage.

A Lot Development Package was made available to the agent.

c. A-34/08, Cross and Seads, Part of Lots 30 and 31, Concession 8, Parts 1-5, 7 and 8 on Plan 35R-17259, (Windermere), Roll # 3-2-047.

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

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Letter of support from Christine Warnaar-Bates. Mr. Ellis read the letter, a copy, of which is attached.

Mr. Jerry Cross, applicant, 1059 Golf Avenue Rd., P.O. Box 83, Windermere, ON, P0B 1P0, attended the meeting. Mr. Cross indicated due to terrain, he required a Minor Variance to construct a garage.

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

Committee questioned how the storage area could be prevented from becoming a sleeping cabin. Mr. Fahner indicated it could be included as a condition that it only be used as a storage area.

Resolution Number CA-07-16/06/2008

Member Mallin – Member Edwards: Be it resolved that Application A-34/08, Cross and Seads, to permit the construction of a two storey garage six feet from the front lot line/street, as shown on the plan attached.

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 no trees will be removed, the lot line where the garage is located actually acts as a side yard where the setback is only six feet and the location is the most suitable

Minutes – Committee of Adjustment – June 16, 2008 Page 6 of 11

one.

A Lot Development Package was made available to the applicant. d. A-35/08, Shewchuk, Part of Lot 13, Concession B, Parts 1 and 2, Plan 35R-3743, (Bala), Roll # 7-9-057.

Mr. Ellis explained the history, nature and location of the application/property. Mr. Ellis indicated the application would need to be recirculated since municipal services are not available and also for an encroachment into the side yard setback.

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Letter of objection from John and Robin Parsons. Mr. Ellis read the letter, a copy, of which is attached.

ii) Letter of objection from Jack and Lynda Gaines. Mr. Ellis read the letter, a copy, of which is attached.

iii) Letter of objection from Jennifer Jewiss. Mr. Ellis read the letter, a copy, of which is attached.

Mr. Wayne Trott, agent, 1230 Walkers Point Road, RR #2, Gravenhurst, ON, P1P 1R2, attended the meeting. Mr. Trott indicated the reasons for the application, a plan for plantings, and he was available to answer questions.

Mr. Mike Webb, neighbour, 1131 River St., Bala, ON, P0C 1A0, attended the meeting. Mr. Webb indicated he objected to the application due to lot coverage and the visual impact from across the river. Mr. Webb noted he was outside of the required circulated area.

Mr. Bob Shewchuk, applicant, 215 Signature Terrace SW, Calgary, AB, T3H 2Y1, attended the meeting. Mr. Shewchuk indicated the turret would not be visible from the waterfront the existing trees would provide a buffer.

Committee discussed the height restriction for a dwelling being 30 feet in Comprehensive Zoning By-law 87-87 and the proposed amendment to the by-law to increase the height to 35 feet within the Community. They determined they would be able to support up to 36 feet and agreed to adjourn the application until it could be recirculated and the applicants could amend the height.

No one attended in support of the application.

A Lot Development Package was made available to the applicant. e. A-36/08, Beaton, Part Badgerow Island, Lake Joseph, Lot 7 on Plan 35, (Medora), Roll# 4- 25-028.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Minutes – Committee of Adjustment – June 16, 2008 Page 7 of 11

Mr. David Rowswell, agent, 160 Cranberry Lane, Aurora, ON, L4G 5Z4, attended the meeting. Mr. Rowswell indicated he was available to answer questions.

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

Committee indicated concern with setting precedent and noted the lower level of a boathouse is intended for the storage of boats and marine equipment. They questioned if the lower level of a boathouse is considered to be located on a flood plain. Mr. Fahner indicated they would have to ask the Building Department as to a possible requirement under the Ontario Building Code. Mr. Fahner noted recent requests to locate bar areas on the exterior of boathouses.

Resolution Number CA-08-16/06/2008

Member Ellis – Member Edwards: Be it resolved that Application A-36/06, Beaton, to permit a bar area (bar sink) and laundry facilities (washer and dryer) on the first floor of a boathouse, 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 the proposed can comply with the requirements of the by-law, approval would set a precedent and no valid planning reasons were provided. Have to check with the building department, committee indicated they wish to have the fixtures and wiring removed.

A Lot Development Package was made available to the agent.

f. A-37/08, Peatling, Part of Lot 4, Concession 14, Lots 6 and 7, Block A on Plan M-259, (Medora), Roll # 4-8-028.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. Randy Wicks, agent, Box 1412, Gravenhurst, ON, P1P 1V5, attended the meeting. Mr. Wicks indicated the overage in lot coverage was an oversight in the plans.

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

As a result of a question from Committee, Mr. Wicks indicated the applicants would be willing to remove the garden shed. Mr. Ellis indicated the lot coverage would be 10.36% with the removal of the garden shed.

Resolution Number CA-09-16/06/ML

Member Ellis – Member Edwards: Be it resolved that Application A-37/08, Peatling, to permit the reconstruction and enlargement of a sunroom and to

Minutes – Committee of Adjustment – June 16, 2008 Page 8 of 11

permit the construction of an addition which will result in a lot coverage of 10.4%, 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 the shed is to removed reducing the original lot coverage requested, the sunroom is to comply with the existing building line and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent.

g. A-38/08, Rutledge, Part of Burgess Island, Lake Joseph, Parts 2 and 3 on Plan 35R-21777, (Medora), Roll # 4-24-035-13.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. Kip Phillips, Muskoka Parry Sound Engineering & Design Services Inc., agent, 63 Joseph St., Port Carling, ON, P0B 1J0, attended the meeting. Mr. Phillips indicated the applicants wish to have a reduced setback for the dwelling and an increased setback for the septic system. He explained an amended Water Quality Impact Assessment was conducted.

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

Committee questioned the reason for a Peer Review. Mr. Fahner indicated since the amended report was initiated by the applicants, a peer review needs to be completed.

Resolution Number CA-10-16/06/2008

Member Edwards – Member Ellis: Be it resolved that Application A-38/08, Rutledge, to permit a front setback of 78 feet, as shown on the plan attached to the Notice of Decision, is hereby approved with the following conditions:

i) The consent agreement and site plan agreement be amended to increase the front yard setback for the septic system from 30 metres (100 feet) to 45 metres (148 feet).

ii) The amended Water Quality Impact Assessment, prepared by Michalski Nielson, be subject to a peer review.

Carried.

CONDITIONS: The consent agreement and site plan agreement be amended to increase the front yard setback for the septic system from 30 metres (100 feet) to 45 metres (148 feet).

Minutes – Committee of Adjustment – June 16, 2008 Page 9 of 11

The amended Water Quality Impact Assessment, prepared by Michalski Nielson, be subject to a peer review.

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 septic system is to be moved further from the lake and the water quality of the lake will be preserved through mitigation matters as outlined in the amended Water Quality Impact Assessment, prepared by Michalski Nielson.

A Lot Development Package was made available to the agent.

h. A-39/08, Fleisher, Part of Lot 12, Concession 7, (Medora), Roll # 4-2-025.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mrs. Margaret Walton, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mrs. Walton indicated she disagreed with staff’s report and noted this is extremely minor and will not add to the use of the boathouse. She explained there are many boathouses with washers and dryers and disagreed that this creates a dwelling. No changes have been made in the by-law and washers and dryers have been permitted in a boathouse.

Committee stated if washers and dryers were permitted this application would not be required. Committee has not approved any.

Committee questioned if the original submitted drawings included the washer and dryer. Mr. Fahner indicated it was discovered during an inspection.

Committee indicated they considered this habitable space and not permitted on the first floor of a boathouse.

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

Resolution Number CA-11-16-06/2008

Member Edwards – Member Ellis: Be it resolved that Application A-39/08, Fleisher, to permit laundry facilities (washer and dryer) within a laundry room on the first floor of a boathouse, as shown on the plan attached to the Notice of Decision, is hereby approved.

MOTION DEFEATED.

Minutes – Committee of Adjustment – June 16, 2008 Page 10 of 11

A Lot Development Package was made available to the agent.

9. Correspondence

a. None.

10. Unfinished Business

a. A-05/08, Mason, Part of Lot 4, Concession 3, Part 1 on Plan RD-592, Parts 7-10 on Plan 35R-7229, Parts 4-6 on Plan 35R-10766, (Wood), Roll #’s 8-3-103 and 8-3-104-01. This application was adjourned at the hearing held on March 20, 2008.

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

Mr. Rich Mason, applicant, 1687 Walkers Point Rd., RR 2, Gravenhurst, ON, P1P 1R2, attended the meeting. Mr. Mason indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number CA-12-16/06/2008

Member Edwards – Member Ellis: Be it resolved that Application A-05/08, Mason, to permit a shed with eaves 0.6 feet from the side lot line and the shed 1.7 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

b. B/10/11/08/ML, Santangelo, Part of Lot 31, concession 12, Parts 3, 4, 6-12, Plan 35R-8848, (Watt), Roll # 2-26-030

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

Mr. Bob Hawkins, agent, 5 McMurray St., Parry Sound, ON, P2A 1E6, attended the meeting. Mr. Hawkins indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-13-16/06/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/15/08/ML, (Santangelo), provided the following conditions are fulfilled.

Minutes – Committee of Adjustment – June 16, 2008 Page 11 of 11

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 previous consent (B/386/88/ML) be broken. Carried.

11. Information Items

a. Report from Member Mallin re: 2008 OACA Conference, North Bay, Ontario.

Member Mallin reviewed her report.

Mr. Fahner indicated Community Improvement Plan policies are in the Official Plan but have not been implemented since no funding has been budgeted.

Committee discussed various points from the report and questioned the text of the decisions and if more in depth reasons are required. Mr. Fahner indicated staff could go through the Official Plan for more thoroughness; however, this would be time consuming. All hearings are new hearings in front of the Ontario Municipal Board. None of the municipality’s decisions have ever been appealed to Divisional Court.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-14-16/06/2008

Member Edwards – Member Ellis: Be it resolved that the meeting adjourn at 11:09 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, July 7th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis L. Hamm - Planning Administrative Assistant Susan Pryke

1. Meeting Called to Order

Chair Hare called the meeting to order at 9:07 a.m.

2. Adoption of Agenda

a. Resolution Number: CA-01-07/07/2008

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated July 7, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated June 16, 2008, is attached.

Resolution Number: CA-02-07/07/2008

Member Ellis – Member Edwards: Be it resolved that the minutes dated June 16, 2008, be adopted and approved as circulated.

Carried.

5. Delegations

a. None.

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

a. None.

7. Hearing of Consent Applications

Minutes – Committee of Adjustment – July 7, 2008 Page 2 of 9

a. None. 8. Hearing of Minor Variance Applications

a. A-35/08 - Amended, Shewchuk, Part of Lot 13, Concession B, Parts 1 and 2, Plan 35R- 3743, (Bala), Roll # 7-9-057.

Mayor Pryke indicated she was not present at the original hearing, therefore did not participate in the hearing of this application.

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

Notice of the Hearing was circulated 20 days prior.

No submissions were received.

Mr. James Lee, agent, Unit 108, 138 18th Avenue SE, Calgary, Alberta, T2G 5P9, attended the meeting. Mr. Lee indicated they have worked with the height and tried to be compatible with other surrounding dwellings and minimize the impact. He submitted photographs of surrounding dwellings, copies of which are attached. He explained the dwelling is less than 30 feet high, but due to the terrain it is higher. They have contacted neighbours, and submitted a document from neighbours that support the application, a copy of which is attached.

Mr. Don Graham, 1115 River Street, Bala, Ontario, P0C 1A0, attended the meeting in support of the application. He indicated he spoke to neighbours and explained the neighbours are generally pleased they will be constructing a building that is aesthetically pleasing. Some residents from across the river did not want any development at all.

Mr. Bob Brown, 1008 Centre Avenue, Bala, Ontario, P0C 1A0, attended the meeting in opposition to the application. Mr. Brown indicated he lives across the river from the proposed development and is opposed to the application. The proposed dwelling is too large, the height is excessive and the exterior will be stucco. He indicated this is not in character with other dwellings in the area. He explained the neighbours located across the river from the proposed development were not included in the circulation. Mr. Brown indicated several letters were sent to the Mayor in objection to the application.

Chair Hare questioned what the procedure is for these letters. Mr. Fahner indicated there are several letters of objection addressed to Mayor Pryke which have been received from residents located outside of the circulated area. He explained Committee of Adjustment is a quasi-judicial body, and the Mayor, a member of the Committee of Adjustment is not permitted to have prior knowledge of applications.

Mr. Wayne Trott, agent, 1230 Walkers Point, Gravenhurst, Ontario, P1P 1R2, attended the meeting. Mr. Trott explained dwellings along the river are larger. He indicated the exterior of the proposed dwelling will not be fully stucco. It will also be comprised of stone and wood and will blend in with the surrounding character.

Committee indicated they would support up to 36 feet in height, and questioned if there had been any comments submitted by the District Municipality of Muskoka regarding the private sewage system. Mr. Ellis indicated the District had not submitted any comments.

Minutes – Committee of Adjustment – July 7, 2008 Page 3 of 9

Resolution Number CA-03-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-35/08 – Amended, Shewchuk, to permit the construction of a dwelling on a lot with a private septic system and to permit the dwelling to be 36 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions:

i) The lot be made subject to Site Plan Control.

ii) The submission of a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area, as well as the side yards.

Carried.

CONDITIONS:

i) The lot be made subject to Site Plan Control.

ii) The submission of a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area, as well as the side yards.

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 Zoning By-law permits a height of 30 feet and in the future the permitted height will be 35 feet. Neighbours did indicate concerns with building height.

A Lot Development Package was made available to the agent. b. A-40/08, Stevens, Part of Lot 35, Concession 2, (Port Carling), Roll # 5-6-048.

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

Notice of the Hearing was circulated 20 days prior.

No submissions were received.

Mr. Derek Stevens, 1027 El-Kee Point Road, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Stevens indicated they are proposing a small addition and do not want to remove any trees. The reason they cannot comply with the by-law is because they are trying to avoid the removal of a large maple tree.

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

Committee had no questions.

Minutes – Committee of Adjustment – July 7, 2008 Page 4 of 9

Resolution Number CA-04-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-40/08, Stevens, to permit the construction of an addition to the existing dwelling 32 feet (at the closest point) from the high water mark, 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 only a small portion of the addition encroaches and is to be located behind the existing building line and there is adequate tree cover.

A Lot Development Package was made available to the applicant. c. A-41/08, Pompilio, Part of Lots 29, Concession 18, Parts 8 & 9 on Plan 35R-12068, (Wood), Roll # 8-17-101-02.

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

Notice of the Hearing was circulated 20 days prior.

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

Committee had no questions.

Resolution Number CA-05-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-41/08, Pompilio, to permit the total cumulative width of docks to be 64 feet or 20% of the lot frontage, as shown on the plan attached to the Notice of Decision, is hereby approved provided a boathouse not be permitted on the subject lot.

Carried.

CONDITIONS: A boathouse is not permitted on the subject land.

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 built form will not dominate the shoreline as there is to be no construction of a boathouse. The neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent. d. A-42/08, Lacombe, Part of Lot 35, Concession 7, Lots 15 & 15A, Plan M-16, (Bala), Roll # 7- 3-037.

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

Minutes – Committee of Adjustment – July 7, 2008 Page 5 of 9

Notice of the Hearing was circulated 20 days prior. No submissions were received.

Ms. Tracey Owen, agent, 6 David St., Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Owen indicted the applicants wish to expand the dwelling to accommodate more bedrooms.

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

Committee had no questions.

Resolution Number CA- 06-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-42/08, Lacombe, to permit the construction of a second storey addition 30 feet (at the closest point) and a second storey sundeck 24 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the following conditions:

i) The submission of a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area.

ii) That a deeming by-law be passed to deem Lot 15 and 15A, Plan M-16, not to be lots on a plan of subdivision.

Carried.

CONDITIONS:

i) The submission of a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area.

ii) That a deeming by-law be passed to deem Lot 15 and 15A, Plan M- 16, not to be lots on a plan of subdivision.

A Lot Development Package was made available to the agent. e. A-43/08, 695239 Ontario Limited, Part of Lots 31 & 32, Concession 5, Parts 1 & 5 on Plan 35R-3938, (Port Carling), Roll# 5-5-00-04.

Mr. Ellis explained the history, nature and location of the application/property. Mr. Ellis noted many trees had been removed from the site.

Notice of the Hearing was circulated 20 days prior.

No Submissions were received.

Mr. Gord Laxson, agent, RR #1, Utterson, Ontario, P0B 1M0, attended the meeting. Mr.

Minutes – Committee of Adjustment – July 7, 2008 Page 6 of 9

Laxson indicated the trees removed were in questionable health. No one attended in support of or in opposition to the application.

Mr. John Stevens, 324-40 Oaklands Ave., Toronto, Ontario, M4V 2Z3, attended the meeting. Mr. Stevens indicated he was concerned due to the clear cutting done on the subject property. He noted he was reassured by the replanting recommended by staff.

Committee questioned how much in securities would be required for replanting. Mr. Fahner indicated it could be approximately $20,000.

Resolution Number CA-07-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-43/08, 695239 Ontario Limited, to permit the construction of a dwelling with an attached garage on a lot with a private water and septic system, as shown on the plan attached to the Notice of Decision, is hereby approved provided the lot is made subject to site plan control and securities taken for re-vegetation.

Carried.

CONDITIONS: That the lot be made subject to site plan control and securities be taken for re-vegetation.

A Lot Development Package was made available to the agent. f. A-44/08, Sterne, Part of Lot 31, Concession 4, Lot 105 and Part Lot 106 on Plan 1, (Port Carling), Roll # 5-5-077.

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

Notice of the Hearing was circulated 20 days prior.

No Submissions were received.

Mr. Gord Laxson, agent, RR # 1, Utterson, Ontario, P0B 1M0, attended the meeting. He indicated the applicants are residing in the dwelling now and wish to expand it. He explained the commercial portion of the lot would be developed after the addition is completed.

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

Committee questioned if there was any way to have the commercial portion completed prior to the addition to the dwelling. Mr. Fahner indicated there were no concerns since the use is legal non-conforming and is allowed to remain.

Committee questioned if any trees would be removed. Mr. Laxson indicated no trees would be removed.

Minutes – Committee of Adjustment – July 7, 2008 Page 7 of 9

Resolution Number CA-08-07/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-44/08, Sterne, to permit the expansion of a legal non-conforming use, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

g. A-45/08, Nolan and Carswell, Part of Lots 9 & 10, Concession 7, Part 1, on Plan 35R-21892, (Monck), Roll # 9-1-022.

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

Notice of the Hearing was circulated 20 days prior.

No Submissions were received.

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

Ms. Nicole Carswell, applicant, 1012 Baldwin Road, Bracebridge, Ontario, P0B 1A0, attended the meeting. Ms. Carswell indicated she was available to answer questions.

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

Committee questioned if the applicants were purchasing the entire road allowance. Ms. Carswell indicated they only wished to purchase the area along the property line.

Resolution Number CA-09-07/07/2008

Member Edwards – Member Ellis: Be it resolved that Application A-45/08, Nolan and Carswell, to permit the construction of an addition to the existing dwelling 41 feet from the exterior side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

Minutes – Committee of Adjustment – July 7, 2008 Page 8 of 9

h. A-46/08, Graham, Part of Lot 18, Concession 6, Lot 3 on Plan 35M-661, (Watt), Roll # 2-4- 071-08.

Mr. Ellis 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 of support from neighbours, Steve and Zora Pozgaj. Mr. Ellis read the letter, a copy, of which is attached.

Mr. Scott Graham, applicant, 5 Doncliffe Drive, Toronto, Ontario, M4N 2E5, attended the meeting. Mr. Graham reviewed the history and nature of the application and indicated he was available for questions.

Ms. Terry Ledger, agent, 167 Medora Street, Port Carling, P0B 1J0, attended the meeting. Ms. Ledger indicated the application was a result of an error in the way the 200 foot setback was measured, and was available to answer questions.

Mr. Graham indicated he had spoken to the neighbours and they were very supportive.

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

Committee indicated the storage room was quite large and questioned how the possibility of it becoming a bedroom could be eliminated. Mr. Fahner indicated staff has concerns with this as well.

Committee questioned if it could be built without the partition wall. Mr. Graham indicated it could but would not be able to secure the area from theft. Ms. Ledger indicated the wall was in place to eliminate a steel beam and for security.

Resolution Number CA-10-07/07/2008

Member Edwards – Member Ellis: Be it resolved that Application A-46/08, Graham, to permit the construction of a single storey boathouse with a sundeck on the roof which will result in a lot coverage of 9% or 2,659 square feet, as shown on the plan attached to the Notice of Decision, is hereby approved subject to no partition walls in the boathouse.

Carried.

CONDITIONS: There be no partition walls in the boathouse.

A Lot Development Package was made available to the agent.

9. Correspondence

Minutes – Committee of Adjustment – July 7, 2008 Page 9 of 9

a. None. 10. Unfinished Business

a. None.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-05-26/05/2008

Member Edwards –Member Ellis: Be it resolved that the meeting adjourn at 10:37 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, July 28th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-28/07/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated July 28, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated July 16, 2008, is attached.

Resolution Number: CA-02-28/07/2008

Member Pryke – Member Mallin: Be it resolved that the minutes dated July 7, 2008, be adopted as circulated.

Carried.

5. Delegations

a. None.

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

a. B/29/08/ML, Goldhar, Part of Lot 33, Concession 2, Parts 2-4, Plan 35R-17187, (Cardwell), Roll # 1-3-052

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

Minutes – Committee of Adjustment – July 28, 2008 Page 2 of 10

Notice of the Hearing was circulated 25 days prior.

Submissions were received as follows:

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

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated she was representing Mr. Goldhar who is also the owner of the benefiting lot. She explained that since the benefiting lot was created by a previous Consent, the Consent would have to be broken in order to amend the lot lines.

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

Committee had no questions.

Resolution Number: CA-03-28/07/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/29/08/ML, (Goldhar), provided the following conditions are fulfilled.

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

2. Confirmation that the Township is satisfied that 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 previous consent (B/16/07/ML) be broken.

Carried.

A Lot Development Package was made available to the agent. b. B/30/08/ML, 1515511 Ontario Inc., (The Rock), Part of Lot 25, Concession 11, Part 3, Plan 35R-19775, (Medora), Roll 4-14-070-03

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

Notice of the Hearing was circulated 25 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated the proposal is to amend lot lines and reconfigure the lots to assist in meeting setbacks.

Minutes – Committee of Adjustment – July 28, 2008 Page 3 of 10

Committee had no questions.

Resolution Number: CA-03-28/07/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/30/08/ML, (1515511 Ontario Inc.), provided the following conditions are fulfilled.

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

A Lot Development Package was made available to the agent. c. B/31/08/ML, Prochilo and McMaster, Part of Lot 3, Concession 12, Part 2, Plan 35R-15695, (Medora), Roll # 4-7-051-10

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

Notice of the Hearing was circulated 25 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached.

Mr. Carl Prochilo, applicant, 1026 Walton Drive, Mactier, Ontario, P0C 1H0, attended the meeting. Mr. Prochilo explained he had a letter from the Ministry of Transportation approving an entrance and submitted the letter, a copy of which is attached.

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

In response to Committee’s question, Mr. Fahner indicated applications on lands that are within 1000 feet of the railway are circulated to the Canadian National Railway. In this case the new lot being created is farther away from the railway than the existing lot.

Resolution Number: CA-03-28/07/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/31/08/ML, (Prochilo/McMaster), provided the following conditions are fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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.

Minutes – Committee of Adjustment – July 28, 2008 Page 4 of 10

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. Carried.

A Lot Development Package was made available to the applicant.

7. Hearing of Consent Applications

a. None.

8. Hearing of Minor Variance Applications

a. A-30/08 - Amended, Cassaday, Part of Lot 15, Concession 11, Parts 2-4, Plan 35R-20663, (Medora), Roll # 4-12-044-06.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter of support from Donald and Susan Newton. Mr. Ellis read the letter, a copy, of which is attached.

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

Committee questioned how the discrepancy in sleeping cabin size occurred. Mr. Ellis indicated the Building Department measured when they conducted an inspection and found the habitable area to be in compliance. An Ontario Land Surveyor surveyed the buildings and those measurements were different from those of the Building Department.

Mr. Drew Ridpath, agent, 1847 Centre Line Road, RR #3, Lakefield, Ontario, K0L 2H0, attended the meeting. He noted the property owners were also present. Mr. Ridpath indicated the habitable area in the second storey of the boathouse is oversized.

In response to Committee’s question, Mr. Ridpath indicated he was unsure of how the discrepancy occurred, but explained an Occupancy Permit was issued. It was only discovered once the survey was complete. Committee did not approve the oversized cabin since staff indicated it did comply.

Resolution Number CA-06-28/07/2008

Member Pryke – Member Mallin: Be it resolved that Application A-30/08 – Amended, Cassaday, to permit the following is hereby approved as shown on the plan attached to the Notice of Decision:

i) To recognize the existing structures (dwelling, garage, and boathouse) at 10.5% lot coverage on the lot area within 200 feet from the high water mark;

ii) To permit the construction of a verandah which will result in a lot coverage of 10.7% of the lot area within 200 feet from the high water mark.

Carried.

Minutes – Committee of Adjustment – July 28, 2008 Page 5 of 10

A Lot Development Package was made available to the applicant. b. A-47/08, Visentin and Parkhill, Part of Lot 35, Concession 12, (Medora), Roll # 4-17-061.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Ms. Angela Baldwin requesting the application be deferred. Mr. Ellis read the letter, a copy, of which is attached.

Committee agreed to adjourn the application. c. A-48/08, Peplinski, Homan or Sullivan Island, (Medora), Roll # 4-24-041.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Jim Peplinski, applicant, 4520 Britannia Drive, Calgary, Alberta, T2S 1J6, attended the meeting. Mr. Peplinski indicated they recently had the property surveyed and discovered the island was only .75 of an acre, not one acre which is indicated in the Township’s records. He reviewed the long history of the island which dates back as far as 1884 and noted the heritage value of the building. They wish to restore the dwelling to the original architecture which includes a veranda.

Committee questioned if some buildings could be removed to eliminate some of the coverage. Mr. Peplinski indicated the wash house contains one of the first flush toilets and is 100 square feet, another building is also 100 square feet, and the gazebo is also 100 square feet.

Committee indicated they would likely approve up to 11% and suggested the applicant adjourn the application, work with staff and reduce the coverage. Mr. Peplinski concurred.

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

A Lot Development Package was made available to the agent. d. A-49/08, Turner, Part of Lot 1, Concession 3, (Cardwell), Roll # 1-4-002.

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

Notice of the Hearing was circulated 11 days prior.

Minutes – Committee of Adjustment – July 28, 2008 Page 6 of 10

No submissions were received.

Mr. Ron Turner, applicant, 4226 Aspdin Road, RR #3, Utterson, Ontario, P0B 1M0, attended the meeting. Mr. Turner indicated he had already received a variance to build the garage. The Building Department conducted an inspection, measured and found it was still too close. Mr. Turner requested the application fee to be waived.

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

Committee questioned why this was not the correct measurement at the time of the original application. Mr. Fahner indicted the onus is on the applicant to supply accurate measurements. Committee did not agree to waive the fee.

Resolution Number CA-07-28/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-49/08, Turner, to permit a recently constructed addition to the existing garage 55 feet from the lot line, 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 the addition is to the rear of the existing garage and is not highly visible, no trees were removed and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

e. A-50/08, Lang-Laveau, All of Annie Island or Island B, known as Cassie Island, Lake Rosseau, (Medora), Roll# 4-26-039.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Win Barclay and John Gillespie, in support of the application. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter from Mr. David Hilborn, in support of the application. Mr. Ellis read the letter, a copy of which is attached.

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis distributed photographs, a copy of which is attached. She explained the applicants retained a historian to explore the history of the island and existing structures. She noted there are two separate dwellings located on the island. She provided a brief history and submitted a circa 1900 photograph, which she indicated was of an afternoon tea on the verandah of the dwelling, a copy of which is attached. The two storey boathouse was constructed over 100 years ago and is unable to accommodate today’s larger boats. She noted all measurements had been confirmed by a surveyor. The applicants are willing to enter into an agreement, to be registered on title, that the non-

Minutes – Committee of Adjustment – July 28, 2008 Page 7 of 10

habitable areas not be enclosed in any way. Ms. Ghikadis reviewed the four tests of a Minor Variance.

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

Committee discussed the application and agreed they would not approve more than 11% coverage and added the condition that the applicants enter into an agreement to be registered on title.

Resolution Number CA- 08-28/07/2008

Member Ellis – Member Edwards: Be it resolved that Application A-40/08, Lang- Laveau, to permit the redevelopment of the island by reconstructing the dwelling and boathouses is hereby approved, as shown on the plan attached to the Notice of Decision. The following is permitted:

i) To permit a lot coverage of 11% or 4367 square feet;

ii) To permit a floor area of 650 square feet on the second floor of a boathouse with two additional covered spaces that total 250 square feet;

iii) To permit the second storey of a boathouse to extend 43 feet from the high water mark;

iv) To permit the total cumulative width of docks to be 130.5 feet.

Subject to an Agreement registered on title wherein the owner agrees not to screen in the porches.

Carried.

CONDITIONS: An Agreement is to be registered on title wherein the owner agrees not to screen in the porches.

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 development on the island is actually being reduced by eliminating two dwellings and one sleeping cabin and the porches are not to be screened.

A Lot Development Package was made available to the agent. f. A-51/08, DJG Management Inc., Part of Lot 4, Concession 14, (Medora), Roll # 4-8-064.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. David Green, applicant, 399 Spadina Avenue, Suite 1, Toronto, Ontario, M5T 2G6, attended the meeting. Mr. Green indicated he was surprised by staff’s recommendation to deny the application. He explained the proposed hallway is small and did not understand why it must be 10 feet in width.

Minutes – Committee of Adjustment – July 28, 2008 Page 8 of 10

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

Mr. Fahner explained the reason a hallway must be a minimum of 10 feet wide was due to people joining sleeping cabins to main dwellings and then proposing another sleeping cabin. It must be determined that the hallway is integral to the main dwelling. It is staff’s opinion that a minimum of 10 feet is needed.

Mrs. Molline Green, applicant, 173 Dunvegan Road, Toronto, Ontario, M5P 2P1, attended the meeting. Mrs. Green explained the hallway is to connect the master bedroom to the main dwelling. They designed the master bedroom to be away from the main dwelling for quiet and privacy. She indicated it is integral for the space and the building.

Committee discussed the application and decided it could comply by enlarging the proposed hallway to 10 feet in width.

Resolution Number CA-09 -28/07/2008

Member Edwards – Member Ellis: Be it resolved that Application A-51/08, DJG Management Inc., to permit the construction of a hallway connecting the master bedroom and living area of the dwelling which is to be considered as one building, 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, 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 the proposed dwelling can comply with the requirements of the by-law, the dwelling can be redesigned or the hallway could be enlarged to ten feet in width.

A Lot Development Package was made available to the agent.

g. A-52/08, Madore and Williams, Part of Lots 30 & 31, Concession 3, Part 1, on Plan RD-272, (Watt), Roll # 2-5-078.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Ms. Terry Ledger, agent, 167 Medora Street, Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Ledger explained the purpose of the application.

Ms. Cathy Dirracolo, 1359 Brackenrig Road, Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Dirracolo indicated she was present on behalf of her father. She was concerned the proposal would block his view. Ms. Ledger explained the application to her and Ms. Dirracolo had no further objections to the proposal.

Committee had no questions.

Minutes – Committee of Adjustment – July 28, 2008 Page 9 of 10

Resolution Number CA-10-28/07/2008

Member Edwards – Member Ellis: Be it resolved that Application A-52/08, Madore and Williams, to permit a legal non-complying structure to be reconstructed (2nd floor of an existing boathouse) which will increase the volume of the structure, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

h. A-53/08, Boyle, Part of Lot 30, Concession 2, Part 2 on Plan 35R-4856, (Port Carling), Roll # 5-1-040-02.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Ms. Gail Boyle, requesting a refund of the application fee. Mr. Ellis read the letter, a copy of which is attached.

Ms. Gail Boyle, applicant, 1129 Foreman Road, Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Boyle explained she would like to have a home based business but due to the zoning on her property it was not permitted. She explained that she produces and sells compact discs with old time hymns and would like to do this out of her home. No additional traffic would be generated other than a monthly delivery of supplies, such as jewel cases and blank compact discs.

Committee questioned why the lot was partially zoned as General Restricted. Mr. Fahner indicated General Restricted zoning is usually found along Urban Centre boundaries. This is done to prevent or deter development immediately outside of the Urban Centre boundary on private services and to encourage development within the fully serviced areas.

Resolution Number CA-11-28/07/2008

Member Edwards – Member Ellis: Be it resolved that Application A-53/08, Boyle, to permit a Home Occupation in a General Restricted (GR) Zone, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – July 28, 2008 Page 10 of 10

neighbours did not indicate any concerns and the use is a typical one where the use is residential, even though the property is zoned General Restricted (GR). The zoning of the property should actually reflect the use.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. Ontario Municipal Board Decision, A-85/07, Fasken, Mazengah Island, Lake Rosseau, (Medora), 49 Mazengah Island, Unit R52, Roll # 4-26-011.

Mr. Fahner reviewed the results of the Board decision.

b. Ontario Municipal Board Decision, A-57/07, Gerasolo, Part of Lot 8, Concession 7, Lot 12, Plan M-377, (Medora), 1059 Hallett Road, Roll # 4-4-014

Mr. Fahner reviewed the results of the Board decision. Mr. Elston, Township Solicitor, stated Mr. Pink, Senior Planner was excellent in front of the Board.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-05-28/07/2008

Member Edwards –Member Ellis: Be it resolved that the meeting adjourn at 11:15 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, August 18th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis L. Forbes - Planning Administrative Assistant Susan Pryke Anna Mallin

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-18/08/2008

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated August 18, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated July 28, 2008, is attached.

Resolution Number: CA-02-18/08/2008

Member Ellis – Member Edwards: Be it resolved that the minutes dated July 28, 2008, be adopted as circulated.

Carried.

5. Delegations

a. None.

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

a. None

Minutes – Committee of Adjustment – August 18, 2008 Page 2 of 11

7. Hearing of Consent Applications

a. B/33/08/ML, Richardson, Part of Lots 14 & 15, Concession 6, Parts 5-14, Plan 35R-9229, Parts 15, 17, 19, 20, 44, 45, Plan 35R-10141, (Monck), Roll # 9-3-001

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

ii) Letter of support from Mr. & Mrs. Joseph Kreiner. Mr. Ellis read the letter, a copy of which is attached.

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated she was representing both the owners and the benefiting party, the Hammonds.

Committee questioned if the previous right-of-way would be extinguished. Ms. Ghikadis indicated a legal agreement would be drawn up by the lawyers as the right-of-way is also for the water line. She noted the previous right-of-way would be extinguished.

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

Resolution Number: CA-03-18/08/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/33/08/ML, (Richardson), provided the following condition is fulfilled.

1. A registerable description (deed) of the severed lot (right-of-way) is 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.

The severed parcel merge in title with the lot to which it is being added and Subsection 3 of Section 50 of the Planning Act be applied to any subsequent conveyance. Carried.

A Lot Development Package was made available to the applicant.

8. Hearing of Minor Variance Applications

a. A-54/08, Kribs, Part of Lot 26, Concession 7, Lot 2 on Plan M-234, (Bala), Roll # 7-5-011.

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

Notice of the Hearing was circulated 17 days prior.

Minutes – Committee of Adjustment – August 18, 2008 Page 3 of 11

Submissions were received as follows:

i) Letter of support from Mr. George Cornwall. Mr. Ellis read the letter, a copy of which is attached.

Mr. Wallace Kribs, applicant, 308-70 Baif Blvd., Richmond Hill, ON, L4C 5L2, attended the meeting. Mr. Kribs indicated the application is for the construction of a boat slip. Mr. Kribs submitted a photograph, a copy of which is attached.

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

Committee had no questions.

Resolution Number CA-04-18/08/2008

Member Ellis – Member Edwards: Be it resolved that Application A-54/08, Kribs, to permit the construction of an addition to existing docks which will result in a width of 34 feet two inches, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant. b. A-55/08, Wharton, Part of Lot 26, Concession 10, (Monck), Roll # 9-11-013.

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

Notice of the Hearing was circulated 17 days prior.

No submissions were received.

Ms. Terry Ledger, agent, 167 Medora Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger indicated her client, Ms. Linda Wharton, was also present. She explained the purpose and reason for the application.

Committee had no questions.

Resolution Number CA-05-18/08/2008

Member Ellis – Member Edwards : Be it resolved that Application A-55/08, Wharton, to permit the construction of stairs nine feet from the rear lot line and a deck 13 feet from the rear lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – August 18, 2008 Page 4 of 11

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted only a portion of the deck can be seen from Milford Bay Road, no vegetation is to be removed and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant. c. A-56/08, Nikiforuk, Part of Lot 9, Concession 4, Lot 14, Plan M-135, (Wood), Roll # 8-8-044.

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

Notice of the Hearing was circulated 13 days prior.

Submissions were received as follows:

i) Photographs of the subject property, submitted by Township staff, copies of which are attached.

ii) Letter of objection from Mr. P. Terrence Vance. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter of objection from Mr. R. A. Tompkins. Mr. Ellis read the letter, a copy of which is attached.

iv) Letter of objection from Mr. Don Smith. Mr. Ellis read the letter, a copy of which is attached.

v) Letter of objection from Mr. Frank Dallison. Mr. Ellis read the letter, a copy of which is attached.

vi) Letter of objection from Mr. Ronald L. Scott. Mr. Ellis read the letter, a copy of which is attached.

vii) Letter of objection from Dr. Marc Pope. Mr. Ellis read the letter, a copy of which is attached.

Mr. Bob List, agent, List Planning Ltd., 103 Southbank Drive, Bracebridge, ON, P1L 1G2, attended the meeting. Mr. List circulated a photograph of the subject property. Mr. List noted that in the case of all of the written submissions opposed to the application, none were supported with planning reasons. He reviewed the history and purpose of the application. Mr. List reviewed the four tests of a Minor Variance, and noted the wheelchair ramp should be permitted as one of the applicants’ family members requires the use of a wheelchair.

Mr. Michael Nikiforuk, applicant, 52 Grenview Blvd. N., Toronto, ON, M8X 2K4, attended the meeting. Mr. Nikiforuk indicated non-compliance with the Zoning By-law was not intentional, it was an error.

Mr. Frank Dallison, neighbour, 1713 Mazo Crescent, Mississauga, ON, L5J 1Y9, attended the meeting in objection to the application. Mr. Dallison indicated he is the owner of the dwelling next door to the applicants and objects to all the variances requested. He felt there was a blatant disregard for the by-law.

Minutes – Committee of Adjustment – August 18, 2008 Page 5 of 11

Mr. Don Smith, neighbour, RR #1, 52758 Highway #3, Wainfleet, ON, L0S 1V0, attended the meeting in objection to the application. Mr. Smith indicated his property is located three lots west of the subject lot. Mr. Smith stated two storey boathouses are becoming a problem on smaller sized lots. It affects the view from several lots away, and noted this is located in a narrow bay.

Mr. List indicated the reasons given in objection to the application are not valid planning reasons.

Committee questioned the difference in the measurement of the sleeping cabin between the Building Department and the surveyor. Mr. Fahner indicated the measurement of 692 square feet from the surveyor includes the siding, the measurement of 658 square feet from the Building Department is measured without the siding. Staff measures the outside of the exterior walls without the siding.

Committee questioned if the applicants were willing to remove a portion of the deck. Mr. List indicated it is difficult to alter construction. He noted they had to retrofit the deck to make water go through. The deck is now a legal structure.

After a lengthy discussion, Committee agreed to allow 10.2% lot coverage and permit the larger habitable space. They indicated they would not permit the wheelchair ramp and noted an inclinator would be permitted.

No one attended in support of the application.

Resolution Number CA-06-18/08/2008

Member Ellis – Member Edwards: Be it resolved that Application A-56/08, Nikiforuk, to permit the following is hereby approved, as shown on the plan attached to the Notice of Decision:

i) To permit the existing lot coverage of 10.2%; ii) To permit the existing sleeping cabin as having 658 square feet;

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 as it relates to the sleeping cabin and lot coverage request. The Committee noted the floor area of the sleeping cabin is only eight square feet over what is permitted and is minor.

It is the opinion of the Committee that this application is not minor in nature, is not suitable development, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan as it relates to the proposed ramp. The Committee noted the ramp would have a visual impact and would add more density and bulk of structures on the property.

A Lot Development Package was made available to the applicant. d. A-57/08, Hubert/Chandler, Part of Lot 41, Concession 7, Parts 4-8 & 11, Plan BR-1064, (Bala), Roll # 7-1-069.

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

Minutes – Committee of Adjustment – August 18, 2008 Page 6 of 11

Notice of the Hearing was circulated 17 days prior.

Mr. Ellis noted the applicant submitted elevation drawings and circulated them to Committee. Copies of which are attached. No other submissions were received.

Mr. Mark Buckley, agent, 70 Stiver Dr., Newmarket, ON, L3Y 7V7, attended the meeting. Mr. Buckley reviewed the purpose and effect of the application. He noted the applicants would like to keep the footprint of the carport.

Ms. Lois Jackson and Ms. Anne Moore, neighbours, 91 Donalda Crescent, Scarborough, ON, M1S 1P1, attended the meeting in support of the application.

Committee questioned what the lot coverage is. Mr. Ellis indicated it is 13.7%. Mr. Fahner stated if Committee wished to impose conditions it must be applicable to the current request (side yard setback). The second storey addition is not over lot coverage so it is not an issue.

No one attended in opposition to the application

Resolution Number CA-07-18/08/2008

Member Pryke – Member Mallin: Be it resolved that Application A-57/08, Hubert/Chandler, to permit the construction of a second storey addition over a portion of the existing dwelling two feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

e. A-58/08, Port Carling Curling Club, Part of Lot 31, Concessions 3 & 4, Part Lots 74 & 78, Plan 1, (Port Carling), Roll# 5-8-109.

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

Notice of the Hearing was circulated 17 days prior.

No submissions were received.

Mr. Ted Carruthers, agent, Box 60, Minett, ON, P0B 1G0, attended the meeting. Mr. Carruthers indicated the club is becoming busier and requires more room. This application is to add change rooms and extend the washrooms.

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

Committee had no questions.

Minutes – Committee of Adjustment – August 18, 2008 Page 7 of 11

Resolution Number CA-08-18/08/2008

Member Mallin – Member Pryke: Be it resolved that Application A-58/08, Port Carling Curling Club, to permit the construction of an addition 11 feet from the side lot line, 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 the proposed addition is no closer to the lot line than the existing structure, the neighbours did not indicate any concerns and is a suitable use for the curling club.

A Lot Development Package was made available to the agent. f. A-59/08, Haddock, Part of Lot 4, Concession 4, Part 1, Plan 35R-14572, (Wood), Roll # 8-6- 064.

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

Notice of the Hearing was circulated 17 days prior.

No Submissions were received.

Mr. Stephen Haddock, applicant, 150 Balmoral Avenue, Suite 502, Toronto, ON, M4V 1J4, attended the meeting. Mr. Haddock explained that the layout of the dwelling does not permit the fireplace to be constructed within the interior.

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

Committee had no questions.

Resolution Number CA-09-18/02/2008

Member Pryke – Member Mallin: Be it resolved that Application A-59/08, Haddock, to permit the construction of a fireplace/chimney 25 feet from the high water mark, 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 the proposed chimney is no closer than the closest portion of the dwelling, the floor area is not increasing and is non-habitable. The neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

Minutes – Committee of Adjustment – August 18, 2008 Page 8 of 11 g. A-60/08, Buckley, Part of Lot 20, Concession 9, Lot 82 on Plan 7, (Wood), Roll # 8-6-057.

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

Notice of the Hearing was circulated 13 days prior.

No Submissions were received.

Mr. Mark Buckley, agent, 70 Stiver Dr., Newmarket, ON, L3Y 7V7, attended the meeting. Mr. Buckley indicated he wishes to remove an old dilapidated boathouse and replace it with a boatport which is more visually appealing and fits in with the character of the area.

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

Committee questioned if the size of the existing footprint is the same size as what is proposed. Mr. Buckley indicated the existing footprint is larger, but due to the extension of the eaves the variance is required. He indicated he may be able to adjust the eaves slightly.

Resolution Number CA-10-18/08/2008

Member Pryke – Member Mallin: Be it resolved that Application A-60/08, Buckley, to permit the following is hereby approved, as shown on the plan attached to the Notice of Decision:

i) To permit a lot coverage of 12.5%;

ii) To permit the total width of docks to be 26% or 19.1 feet;

iii) To permit the total width of a boatport to be 19% or 13.7%;

iv) To permit the boatport to be 11.5 feet from the side lot line;

iv) To permit the docks to be 7.5 feet from the side lot line.

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 the proposed boatport will be a visual improvement to the shoreline, will not be as intrusive, an existing encroachment will be removed and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant. h. A-61/08, Howse, Part of Lot 20, Concession 6, Parts 1 & 2 on Plan 35R-17927, (Watt), Roll # 2-10-010.

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

Notice of the Hearing was circulated 17 days prior.

Minutes – Committee of Adjustment – August 18, 2008 Page 9 of 11

Submissions were received as follows:

i) Letter of objection Mr. Barry Day and Mrs. Susan Day. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter of objection Mr. Terry Green and Mrs. Virda Green. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter of objection from Mr. William Charles Barry Day. Mr. Ellis read the letter, a copy of which is attached.

iv) Letter of objection from Mrs. Susan Day. Mr. Ellis read the letter, a copy of which is attached.

Mr. Andrew Howse, agent, 1024 Cowan Park Road, RR #2, Utterson, ON, P0B 1M0, attended the meeting. Mr. Howse indicated they do not require relief from the side yard setback.

Mr. Charles Day, neighbour, 1028 Cowan Park Road, Utterson, ON, P0B 1M0, attended the meeting in opposition to the application. Mr. Day submitted photographs, copies of which are attached. Mr. Day stated that in staff’s report it was indicated there was an existing deck. He stated there was never a deck there.

Mrs. Susan Day neighbour, 1028 Cowan Park Road, Utterson, ON, P0B 1M0, attended the meeting in opposition to the application. Mrs. Day indicated the applicants dwelling is located close to her dwelling, and noted they are losing their view of the lake.

Mr. Tom Beer, Three Mile Lake Association, 12-2141 Country Club Drive, Burlington, ON, L7M 4E5, attended the meeting in opposition to the application. Mr. Beer reviewed the history of Three Mile Lake and the algae bloom of 2005. He indicated concern with the lack of a vegetative buffer along the shoreline. He stated the setbacks within the Zoning By-law should be upheld and the shoreline should be renaturalized.

Committee questioned the distance from the side yard and how far from the high water mark the proposed deck would be. Mr. Howse indicated the deck would be 36 feet from the high water mark and indicated relief for the side yard would not be required.

Committee indicated concern with the measurements on the sketch. Mr. Howse stated he could have a location survey done to confirm the measurements.

Committee agreed to adjourn the application until the survey could be completed. Mr. Fahner pointed out if the application is denied there would be no opportunity to enforce the renaturalization of the shoreline.

A Lot Development Package was made available to the applicant.

I. A-62/08, Curran, Part of Lot 35, Concession 12, Lot 19, Plan 32, (Medora), Roll # 4-17-020.

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

Notice of the Hearing was circulated 17 days prior.

No Submissions were received.

Minutes – Committee of Adjustment – August 18, 2008 Page 10 of 11

Ms. Angela Ghikadis, agent, 104 Kimberley Ave., Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis indicated her client, Mr. Curran, was also present. She stated there is no shed as noted in staff’s report. Ms. Ghikadis reviewed the four tests of a minor variance and noted the applicants are now proposing the garage be changed to 26 x 26 feet, which will result in a lesser requested variance.

Committee questioned if the measurements had been confirmed by a surveyor. Ms. Ghikadis indicated they had not been confirmed by a surveyor.

Mr. Curran indicated a survey was done at the time the dwelling was built. He agreed to get the measurements confirmed with an updated survey and noted he also owns the abutting property.

Committee agreed to approve lot coverage at 10.7% and relief from the side yard setback.

Resolution Number CA-11-18/08/2008

Member Pryke – Member Mallin: Be it resolved that Application A-62/08, Curran, to permit the construction of a two storey garage five feet from the side lot line and to recognize the existing lot coverage at 10.7% of the lot area within 200 feet from the high water mark, a 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 the subject property abuts property that will not be developed, there will be minimal impact, will not be seen from the water and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. None.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

Minutes – Committee of Adjustment – August 18, 2008 Page 11 of 11

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-12-18/08/2008

Member Mallin –Member Pryke: Be it resolved that the meeting adjourn at 11:42 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, September 8th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis L. Forbes - Planning Administrative Assistant Susan Pryke Anna Mallin

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01- 8/09/2008

Member Pryke – Member Mallin: Be it resolved that the Committee of Adjustment Meeting Agenda dated September 8, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated July 28, 2008, is attached.

Member Edwards indicated in the reasons for item 8.c. he would like the word “negative” to precede visual impact and also note an inclinator would be permitted. Member Pryke concurred.

Resolution Number: CA-02-8/09/2008

Member Mallin – Member Pryke: Be it resolved that the minutes dated August 18, 2008, be adopted and approved as amended.

Carried.

5. Delegations

a. Ms. Angela Baldwin, agent, attended at 10:30 a.m. re: Item 10.a.1., Unfinished Business, (Visentin/Parkhill).

Minutes – Committee of Adjustment – September 8, 2008 Page 2 of 11

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

a. B/34/08/ML, Hanna’s Landing Inc., Part of Lot 32, Concession 2, (Medora), Roll # 5-9-017

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

Mr. Peter Niece, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-03-8/09/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/34/08/ML, (Hanna’s Landing Inc.), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 severed lot be rezoned from Waterfront Commercial (WC3) to Waterfront Residential (WR1).

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.

The severed parcel merge in title with the lot to which it is being added and Subsection 3 of Section 50 of the Planning Act be applied to any subsequent conveyance.

Carried.

A Lot Development Package was made available to the agent.

b. B/36/08/ML, Mills, Trustee, Part of Lot 19, Concession B, (Medora), Roll # 6-21-001

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

Notice of the Hearing was circulated 20 days prior.

Minutes – Committee of Adjustment – September 8, 2008 Page 3 of 11

Submissions were received as follows:

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

Mr. Paul Donaldson, agent, Box 285, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Donaldson indicated he was available for questions.

Committee questioned the recommendation in the submission from District Municipality of Muskoka, that the property be subject to Site Plan Control. Mr. Ellis indicated that due to the zoning of Waterfront Residential (WR5) the property is automatically subject to Site Plan Control. By rezoning to Waterfront Residential (WR1), however, it would not be subject to Site Plan Control. Committee agreed to amend the conditions of the decision to include Site Plan Control.

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

Resolution Number: CA-04-8/09/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/36/08/ML, (Mills, Trustee), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 subject land be rezoned to Waterfront Residential (WR1), and subject to site plan control.

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.

A Lot Development Package was made available to the applicant.

7. Hearing of Consent Applications

a. B/35/08/ML, Douglas, Part of Lot 32, Concession 2, Lot 6 on Plan M-153, (Port Carling), Roll # 5-9-032-02

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

Notice of the Hearing was circulated 19 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – September 8, 2008 Page 4 of 11

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

Mr. Peter Niece, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Niece reviewed the elements of the application.

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

Committee had no questions.

Resolution Number: CA-05-8/09/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/35/08/ML, (Douglas), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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.

The severed parcel merge in title with the lot to which it is being added and Subsection 3 of Section 50 of the Planning Act be applied to any subsequent conveyance.

Carried.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-63/08, Feick, Part of Lots 19 & 20, Concession B, Parts 1 & 2 on Plan 35R-19220, (Medora), Roll # 6-21-093-01

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Terry Ledger, agent, 167 Medora St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger reviewed the purpose of the application and indicated she was available to answer questions.

Mr. Dan McGuire, neighbour, 1621 Acton Island Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. McGuire indicated he had no objections to the application.

No one attended in opposition to the application.

Minutes – Committee of Adjustment – September 8, 2008 Page 5 of 11

Committee had no questions.

Resolution Number CA-06-08/09/2008

Member Pryke – Member Mallin: Be it resolved that Application A-63/08, Feick, to permit the extension of an existing deck 41 feet three inches from the high water mark, 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 the proposed deck maintains the existing building line, is an extension of an existing deck, the shoreline is irregular, the property is well vegetated, there will be no perceptive difference and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant.

b. A-64/08, Barbara Cooper, Part of Lot 8, Concession 12, Lot 20 on Plan M-198, (Watt), Roll # 2-20-073

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter of support from Lorrie Tyssen, neighbour. Mr. Ellis read the letter, a copy, of which is attached.

ii) Letter of support from Keuren Pjender, neighbour. Mr. Ellis read the letter, a copy, of which is attached.

iii) Letter of support from Garry and Debbie Ego, neighbours. Mr. Ellis read the letter, a copy, of which is attached.

Committee had questions for the applicants and decided to adjourn the application until the applicants could be present.

c. A-65/08, Ethel Cooper, Part of Lot 27, Concession 7, (Bala), Roll # 7-5-072

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

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

Committee had no questions.

Minutes – Committee of Adjustment – September 8, 2008 Page 6 of 11

Resolution Number CA-07-08/09/2008

Member Edwards – Member Ellis : Be it resolved that Application A-65/08, Ethel Cooper, to permit the construction of an addition to the existing dwelling 30 feet (at the closest point) from the high water mark, 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 there is no other location for the addition and is the best location due to the physical constraints. The Committee also noted the addition will not be highly visible and the neighbours did not indicate any concerns.

d. A-66/08, Wood, Part of Lots 9 & 10, Concession 6, Lot 34, Plan M-128, (Medora), Roll # 4- 3-049.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. John Wood, applicant, 1376 Merrybrook Lane, Oakville, ON, L6M 1T4, attended the meeting. Mr. Wood explained the encroachment was discovered when the Building Inspector conducted an inspection of the structure.

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

Committee had no questions.

Resolution Number CA-08-08/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-66/08, Wood, to permit an existing deck (constructed in 2003) to be 32 feet from the high water mark and 14.9 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant.

e. A-67/08, Smith & Hassan, Part of Lots 20 & 21, Concession 5, (Medora), Roll # 4-10-026.

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

Minutes – Committee of Adjustment – September 8, 2008 Page 7 of 11

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Angela Ghikadis, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis submitted photographs and a floor plan to Committee, copies of which are attached. Ms. Ghikadis reviewed the four tests of a Minor Variance, and noted she was available to answer questions.

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

Committee had no questions.

Resolution Number CA-09-08/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-67/08, Smith/Hassan, to permit the construction of a two storey boathouse 55.5 feet in width and to permit a covered area on the second storey to be 255.5 square feet on a lot that has 350 feet of frontage, 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 the proposed is an extension of the roof line and will be aesthetically pleasing. The Committee also noted a portion of the second storey will be open, the actual shoreline frontage is greater than 400 feet and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent. f. A-68/08, Baird, Part of Lot 8, Concession D, Lot 45 on Plan M-63, (Bala), Roll # 7-7-081.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Bert French, Bert French & Sons Ltd., agent, 126 Greer Road, Port Sydney, ON, P0B 1L0, attended the meeting.

Committee questioned if the second floor of the garage would be habitable space. Mr. French indicated it would be used as a sleeping cabin.

In response to Committee’s question Mr. Ellis indicated the proposed height of the garage was in compliance with the zoning by-law.

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

Minutes – Committee of Adjustment – September 8, 2008 Page 8 of 11

Resolution Number CA-10-08/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-68/08, Baird, to permit the construction of a new garage 12 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent. g. A-69/08, Gall, Part of Lot 7, Concession D, Lot 28 on Plan M-63, (Bala), Roll # 7-7-008.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Mark Woan, agent, 1059 West Black Lake Road, Torrance, ON, P0C 1M0, attended the meeting. Mr. Woan explained the purpose of the application and noted he was available to answer questions.

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

Committee noted an error in the staff report indicating the allowed lot coverage on the subject property as 10% and it should be 8%. They questioned if the application would be required to be recirculated. Mr. Fahner indicated no one has come forward in opposition to the application; therefore, no further circulation would be required.

Committee indicated an increase to 9.1% lot coverage was more than they would approve and questioned how much the structure would have to be reduced to meet 9% lot coverage. Mr. Ellis indicated the structure would have to be reduced by 25 square feet.

Committee indicated they would approve up to 9% lot coverage within the first 200 feet from the high water mark. It would be up to the applicant to reduce the proposed size of the structure to meet that requirement. Committee also noted once the old driveway is decommissioned they would like it to be revegetated.

Resolution Number CA- -08/09/2008

Member Ellis– Member Edwards: Be it resolved that Application A-69/08, Gall, to permit the construction of a garage, as shown on the plan attached to the Notice of Decision, is hereby approved with the following variances granted:

i) To permit a lot coverage of 8.8% on the entire lot. ii) To permit a lot coverage of 9% on the lot area within 200 feet from the high water mark. iii) To permit the garage to be 13 feet from the rear lot line and Township street.

Minutes – Committee of Adjustment – September 8, 2008 Page 9 of 11

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 the property is well vegetated, the garage is to match the existing dwelling, is at the rear of the property and will not be highly visible and the neighbours did not indicate any concerns. The Committee also noted the existing driveway is to be re-vegetated once the new driveway and parking area are in place.

A Lot Development Package was made available to the agent.

h. A-70/08, Stewart & McCausland, Part of Lots 6 & 7, Concession 4, (Wood), Roll # 8-6-033.

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. Larry Stewart, applicant, 4798 Rathkeale Road, Mississauga, ON, L5V 1H3, attended the meeting. Mr. Stewart indicated he wanted to avoid removing a large oak tree, and he was available to answer questions.

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

Committee questioned if the applicant had any objections to staff’s recommendations for plantings as a condition. Mr. Stewart indicated no objection. Committee also noted all new lighting should be dark sky compliant.

Resolution Number CA-12-08/09/2008

Member Ellis - Member Edwards: Be it resolved that Application A-70/08, Stewart/McCausland, to permit the construction of a sundeck five feet from the side lot line and a dwelling eight feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the receipt of a satisfactory planting plan along with securities.

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. It was noted that the proposed dwelling is to be located in the same location, however, it will further back from the lake than the existing dwelling. There is vegetation in front of the dwelling and additional plantings have been requested.

A Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

Minutes – Committee of Adjustment – September 8, 2008 Page 10 of 11

10. Unfinished Business

a. A-47/08, Visentin & Parkhill, Part of Lot 35, Concession 12, (Medora), Roll # 4-17-061. (This application was adjourned at the hearing held on July 28, 2008)

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

Ms. Angela Baldwin, Baldwin Consulting Services, 3 Barrie Terrace, Barrie, ON, L4M 1E8, attended the meeting. Ms. Baldwin indicated the boathouse had been badly damaged by a boat inside the boathouse during a wind storm and noted the width would only be slightly increased. Mr. Fahner indicated the application was only circulated for a decrease in the side yard setback, any further encroachments would require the application to be amended and recirculated.

Committee agreed to adjourn the application until it could be amended and recirculated.

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

A Lot Development Package was made available to the agent.

11. Information Items

a. None.

12. New Business

a. Change in Conditions, B/98/07/ML, Colson & Conway, Part of Lot 9, Concession 13, (Monck), Roll # 9-12-015.

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

Committee had no questions.

Resolution Number: CA-13-8/09/2008

Member Ellis – Member Edwards: Be it resolved that the decision of the Committee of Adjustment dated February 11, 2008, 2008, for Application B/98/07/ML, (Colson/Conway), is hereby amended by adding the following condition:

1. That the portion of Beatrice Town Line located on the subject land be transferred to the Township of Muskoka Lakes.

EXPLANATION OF CHANGES: Through a review of the draft reference plan, it was found that a portion of Beatrice Town Line is located on the subject land. Generally when this occurs, the Township requests that the road be transferred to the Township of Muskoka Lakes.

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 – September 8, 2008 Page 11 of 11

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-14-8/09/2008

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 10:43 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, September 29th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis L. Forbes - Planning Administrative Assistant Susan Pryke A. Glazier - Committee of Adjustment Coordinator Anna Mallin D. Pink - Senior Planner

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01- 29/09/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated September 29, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated September 8, 2008, is attached.

Resolution Number: CA-02-29/09/2008

Member Pryke – Member Mallin: Be it resolved that the minutes dated September 8, 2008, be approved as circulated.

Carried.

5. Delegations

a. Mr. Robert Patterson, agent, attended at 10:30 a.m. Re: Item 10.a.1., Unfinished Business, (Cooper)

b. Mr. David Lowndes, attended at 10:45 a.m., Re: Item 10.a.2., Unfinished Business, (Lowndes)

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

a. None

Minutes – Committee of Adjustment – September 29, 2008 Page 2 of 12

7. Hearing of Consent Applications

a. B/32/08/ML, Stanbury, Part of Lot 21, Concession A, Parts 2 and 3, Plan 35R-21770, (Watt), Roll # 2-13-040

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

ii) Letter from Mr. Nick Roche, requesting an adjournment. Mr. Ellis read the letter, a copy of which is attached.

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

Committee indicated they would prefer the agricultural lands to remain intact and agreed to adjourn the application.

b. B/37/38/08/ML, 890234 Ontario Inc., Part of Lot 32, Concession F, Lots 12 & 13 on Plan 35M-665, Parts 7 & 8 on Plan 35R-17560, (Medora), Roll #’s 4-21-053-13 & 4-21-053-12

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

Mr. William Grimmett, agent, Box 365, 61 Joseph Street, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Grimmett noted Ms. Rosemary Grand controls the property. He explained that when the Plan of Subdivision was approved, it was intended the proposed roadway would be a right-of-way, however, that never occurred. The sale of the property is conditional on a registered right-of-way to the property. Mr. Grimmett circulated photographs of the property, copies of which are attached.

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

Committee had no questions.

Resolution Number: CA-03-29/09/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/37/38/08/ML, (890234 Ontario Inc.), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – September 29, 2008 Page 3 of 12

satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township.

Carried.

A Lot Development Package was made available to the agent. c. B/39/08/ML, Rueter, Part of Lot 1, Concession 4, Part 2 on Plan 35R-7631, Parts 5-8 on Plan 35R-9505

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Letter from Mr. George Faught. Mr. Ellis read the letter, a copy of which is attached.

Mr. Robert Rueter, agent, 11 Drumsnab Road, Toronto, ON, M4W 3A4, attended the meeting. Mr. Rueter explained they have owned the southern portion of the property since 1980. In 1984 they purchased the northern portion of land. The dwelling is located on the southern lot and their dock is located on the northern lot. When they applied for a Building Permit it was discovered the lots are separate and had not merged. In order for the lots to merge, the previous Consent that created the lots, must be broken.

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

Committee had no questions.

Resolution Number: CA-04-29/09/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/39/08/ML, (Rueter), provided the following condition is fulfilled:

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

Carried.

A Lot Development Package was made available to the agent. d. B/40/08/ML, BEB Holdings Inc., Part of Lot 20, Concession A, Lot 20 on Plan 38, (Medora), Roll # 6-21-073

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – September 29, 2008 Page 4 of 12

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

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

Committee had no questions.

Resolution Number: CA-05-29/09/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/40/08/ML, (BEB Holdings Inc.), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 Lot 21 be deemed not to be a lot on a plan of subdivision.

Carried.

A Lot Development Package was made available to the agent. e. B/41/08/ML, Francis, Part of Lot 30, concession 7, Parts 1, 2, 9-14 on Plan 35R-16566, (Windermere), Roll # 3-1-061

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

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

Mr. William Grimmett, agent, Box 365, 61 Joseph Street, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Grimmett indicated a number of properties have used the roadway without a registered right-of-way, this application is the final one to be completed in the area.

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

Committee had no questions.

Resolution Number: CA-06-29/09/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/41/08/ML, (Francis), provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – September 29, 2008 Page 5 of 12

1. A registerable description (deed) of the right-of-way is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the 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. Carried.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-79/07 - Amended, Smart, Part of Lot 29, Concession 8, Part Lot 14 on Plan M-113, (Wood), Roll # 6-9-093

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Gordon Smart, applicant, 18 Ridgewood Blvd., Dundas, ON, L9H 7A4, attended the meeting. Mr. Smart indicated he is willing to re-naturalize the front yard and was available to answer questions.

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

Committee questioned if there was plumbing in the sleeping cabin. Mr. Smart indicated there is no plumbing.

In response to Chair Hare, Mr. Fahner indicated dark sky compliant lighting would be noted on the Site Plan.

Resolution Number: CA-02-29/09/2008

Member Mallin – Member Pryke: Be it resolved that Application A-79/07 – Amended, Smart, to permit a sleeping cabin in the front yard, 26 feet from the high water mark, and to allow a sundeck to be 26 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved, provided that a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area is submitted.

Carried.

CONDITIONS: That a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area 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 due to the topography (rock outcroppings), plantings will be placed on the property and the neighbours did not indicate any concerns.

Minutes – Committee of Adjustment – September 29, 2008 Page 6 of 12

A Lot Development Package was made available to the applicant. b. A-47/08 - Amended, Visentin & Parkhill, Part of Lot 35, Concession 12, (Medora), Roll # 4- 17-061 (This application was adjourned at the hearing held on July 28, 2008)

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Ms. Angela Baldwin, Baldwin Consulting Services, 3 Barrie Terrace, Barrie, ON, L4M 1E8, attended the meeting. Ms. Baldwin indicated the intent of the application is to allow a 110 square foot addition to the boathouse. She explained there would be minimal to no visual impact.

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

Committee had no questions.

Resolution Number: CA-08-29/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-47/07 – Amended, Visentin and Parkhill, to permit the reconstruction of a legal non- complying boathouse and docks. The following variances are granted as shown on the plan attached to the Notice of Decision:

i) To permit the construction of a slightly larger boathouse (increase in floor area), and docks on an undersized lot. ii) To permit the boathouse to be 8 feet 10 inches from the side lot line. iii) To permit the docks to be 6 feet from the side lot line (at the closest point, if required). iv) To permit an expanded dock (lengthened) to be 12 feet four inches from the side lot line.

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 the perceptive difference from the existing and slightly larger boathouse is small, the size of the proposed boathouse is appropriate for the lot and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent. c. A-71/08, Hogarth, Part of Lot 9, Concession 9, Lot 2 on Plan M-432, (Medora), Roll # 4-5- 033

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Minutes – Committee of Adjustment – September 29, 2008 Page 7 of 12

Ms. Tracey Owen, agent, 6 Duke Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Owen reviewed the purpose of the application and indicated she was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-09-29/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-71/08, Hogarth, to permit the construction of a walkway addition to the second storey of the boathouse which will result in a width of 36 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the applicant.

d. A-72/08, Burgess, Part of Lot 24, Concession 4, Lots 8, 9, 10 on Plan M-41 (Medora), Roll # 4-9-009

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of support from Mr. Jonathan Blair. Mr. Ellis reviewed the letter, a copy, of which is attached.

ii) Letter of support from Mr. Ron Firstbrook. Mr. Ellis reviewed the letter, a copy, of which is attached.

iii) Letter of support from Mr. David Burrows. Mr. Ellis reviewed the letter, a copy, of which is attached.

Mr. Rick McCann, agent, 1034 Cowbell Lane, Severn Bridge, ON, P0E 1N0, attended the meeting. Mr. McCann indicated there are two Building Permits which are ongoing. The variances requested are for each of the two Building Permits, and noted the work on the dwelling is approximately 95% complete. He questioned if he withdrew the variance for the Building Interior Design, could the variances for the boathouse still be considered?

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

Mr. Fahner indicated he had met with Mr. McCann prior to the meeting. He explained the variances appear at first not to be related, however, they are. He noted the sleeping cabin near the boathouse is over 650 square feet. The boathouse cannot be completed as

Minutes – Committee of Adjustment – September 29, 2008 Page 8 of 12

proposed with a sleeping cabin in it.

Committee reviewed photographs and agreed to adjourn the application.

Lot Development Package was made available to the applicant.

e. A-73/08, Geobey, Part of Lots 16 & 17, Concession B, Lot 7 on Plan M-144, (Bala), Roll # 7- 14-019.

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Peter Goebey, applicant, 5951 Talisman Court, ON, L5M 6A1, attended the meeting. Mr. Goebey indicated he was available for questions.

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

Committee indicated they would prefer the measurement confirmed by an Ontario Land Surveyor and questioned if it could be approved with the condition of a confirmed measurement. Mr. Ellis indicated it could. Chair Hare explained that if the application is approved, and an Ontario Land Surveyor determines a measurement different than what has been approved, a new application would be required. Mr. Goebey requested the application be adjourned until he could have an Ontario Land Surveyor confirm the measurements.

A Lot Development Package was made available to the applicant.

f. A-74/08, Relph/Shapiro, Part of Lot 20, Concession 4, Part 2 on Plan 35R-18674, (Medora), Roll # 6-14-030

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Paul Donaldson, agent, RR #1, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Donaldson indicated the dwelling is a Frank Lloyd Wright design. He explained that when the survey was completed the eaves were included which added 1600 square feet of coverage.

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

Resolution Number: CA-11-29/09/2008

Member Edwards – Member Ellis: Be it resolved that Application A-74/08, Relph/Shapiro, to allow an existing 5.75 foot wide eave to remain and encroach into any yard, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – September 29, 2008 Page 9 of 12

A Lot Development Package was made available to the agent.

g. A-75/08, Lee, Part of Lot 26, Concession 19, Part 23 on Plan RD-156, (Wood), Roll # 8-17- 054.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Mr. Terry Lee, 5 Debbie Lane, London, ON, N5X 3L4, attended the meeting. Mr. Lee indicated a small inlet along the shoreline is the cause of the encroachment. Mr. Lee noted he was available to answer questions.

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

In response to Committee’s question, Mr. Lee indicated the builder told him it would not be possible to join the buildings.

In response to Committee’s question, Mr. Ellis indicted the former dwelling is now considered a sleeping cabin. By permitting a breezeway to connect the sleeping cabin to the dwelling this would allow them to have another sleeping cabin on the lot.

Resolution Number: CA-11-29/09/2008

Member Ellis – Member Edwards: Be it resolved that Application A-75/08, Lee to permit the construction of a dwelling 50 feet from the high water mark, a sundeck 45 feet from the high water mark, and to permit the construction of a new dwelling that is connected with a breezeway to a portion of the existing dwelling, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to no sleeping cabin permitted on the lot.

Carried.

CONDITIONS: A sleeping cabin is not permitted on the subject property.

A Lot Development Package was made available to the agent.

Minutes – Committee of Adjustment – September 29, 2008 Page 10 of 12

9. Correspondence

a. None.

10. Unfinished Business

a. A-64/08, Barbara Cooper, Part of Lot 8, Concession 12, Lot 20 on Plan M-198, (Watt), Roll # 2-20-073 (This application was adjourned at the hearing held on September 8, 2008)

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

Mr. Robert Patterson, agent, RR #2, Raymond, ON, P0B 1M0, attended the meeting. Mr. Patterson indicated the applicant’s husband is handicapped and this is the only way they could get him down to the dock. He noted he was available to answer questions.

In response to Committee’s question, Mr. Patterson indicated the ramp would be on top of the dock and attached to the sundeck, he noted they require enough room to be able to turn the wheelchair around on the dock.

Ms. Barbara Cooper, applicant, 13 Harding Ave., Barrie, ON, L4M 3K1, attended the meeting. In response to Committee’s questions, Ms. Cooper indicated the width of the ramp could be reduced, however, the dock is where the width is required to enable her husband to access the boat. Mrs. Cooper also noted the water is shallow, therefore, they would like the length of the dock to be in excess of 66 feet.

Committee indicated the applicant would need to submit an updated sketch, since a water depth of over 2.5 feet is attainable 66 feet from the high water mark.

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

Resolution Number: CA-12-29/09/2008

Member Ellis – Member Edwards: Be it resolved that Application A-64/08, Barbara Cooper, to permit the construction of a ramp and dock, as shown on the plan attached to the Notice of Decision, is hereby approved with the following variances granted:

i) To permit the construction of al ramp and dock on an undersized lot, ii) To permit the ramp to be located in the front yard. iii) To permit the maximum width of the ramp and dock to be 10 feet. iv) To permit the dock to be 20 feet from each side lot line.

Carried.

A Lot Development Package was made available to the applicant.

Minutes – Committee of Adjustment – September 29, 2008 Page 11 of 12

b. B/60/07/ML, Lowndes, Part of Lot 8, concession 13, (Wood), roll # 8-9-051

Member Pryke was unable to vote on the matter as she was not in attendance at the original hearing.

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

Submissions were received as follows:

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

Mr. David Lowndes, applicant, 22. Howard Blvd., Waterdown, Ontario, L0R 2H4. Mr. Lowndes indicated he concurred with staff comments, and was available to answer questions.

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

Resolution Number: CA-02-29/09/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/60/07/ML, (Lowndes), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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 applicants enter into a Consent Agreement with the Township under Section 51(26) of the Planning Act wherein the applicants agree to abide by the Site Evaluation Report and Response to Gartner Lee Limited Peer Review, conducted by Michalski Nielsen Associates Ltd., dated April, 2008 and September 3, 2008, respectively. This Agreement is to be registered on title. 4. That an amendment to Zoning By-law 87-87, is passed, recognizing the lot frontage and lot area of the Severed and Retained lots, reducing the front yard setback to 66 feet on both lots, rezoning the potential gestation habitat and associated buffer of 50 feet on the Severed lot to Environmental Protection (EP1), and restricting dock and building envelopes on both lots to those identified in the Site Evaluation Report. Carried. A Lot Development Package was made available to the applicant.

11. Information Items

a. None.

12. New Business

a. None.

Minutes – Committee of Adjustment – September 29, 2008 Page 12 of 12

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-14-29/09/2008

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 10:55 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, October 20th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair A. Glazier - Acting Secretary-Treasurer Allen Edwards M. Ellis - Planner Karen Ellis L. Forbes - Planning Administrative Assistant Susan Pryke Anna Mallin

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01- 20/10/2008

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated October 20, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. Member Pryke indicated a conflict of interest with item 8.b. (Clarke), as her brother is the surveyor for the applicant.

4. Adoption of Minutes

a. A copy of the Minutes dated September 29, 2008, is attached.

Resolution Number: CA-02-20/10/2008

Member Pryke – Member Mallin: Be it resolved that the minutes dated September 29, 2008, be adopted as circulated.

Carried.

5. Delegations

a. None.

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

a. None

Minutes – Committee of Adjustment – October 20, 2008 Page 2 of 10

7. Hearing of Consent Applications

a. B/42/08/ML, Lavine, Part of Lot 3, Concession 14, Lots 1 & 2, Plan M-400, (Medora), Roll # 4-4-048

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached.

Mr. Mark Lavine, applicant, 1011 Pratt Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. Lavine reviewed the history and intent of the application. He indicated his property is two separate lots, both of which have individual development rights. He explained that the neighbour has expressed interest in the acquisition of 70 feet of his shoreline to enable him to have sufficient straight line frontage to permit a two storey boathouse.

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

Committee questioned what the total straight line frontage would be if the lots merged. Mr. Ellis indicated once the lots were combined, the resultant retained lot would have 154 feet of straight line frontage.

In response to Committee’s question regarding current development rights, Mr. Ellis indicated the two lots are Existing Lots of Record and each lot would be permitted a dwelling, sleeping cabin, etc., provided they meet all the requirements of the by-law.

The application/hearing was adjourned for further information. Updated comments from the District Municipality of Muskoka should be provided, along with survey information on the abutting lot.

Concerns from the Committee were noted regarding the size of the retained lot in a Waterfront Residential Zone (WR5).

A Lot Development Package was made available to the applicant.

b. B/43/08/ML, Goltz, Lot 13, Concession 1, Lot 14, Concessions 1 & 2, (Watt), Roll #’s 2-1- 081, 2-1-082, and 2-1-042

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

Mr. Robert Goltz, applicant, Box 125, Windermere, ON, P0B 1P0, attended the meeting. Mr.

Minutes – Committee of Adjustment – October 20, 2008 Page 3 of 10

Goltz reviewed the purpose of the application and indicated he was available to answer questions. Mr. Goltz indicated the size of the severed lot could be reduced, however, he wished to keep all of the buildings on one lot and the use would be a small farm. The wooded area would be used for personal firewood.

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

After a brief discussion it was the consensus of the Committee not to reduce the size of the severed lot. The severed lot is to maintain the proposed lot frontage, as submitted due to by-law requirements.

Resolution Number: CA-03-20/10/2008

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/43/08/ML, (Goltz), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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. Carried.

A Lot Development Package was made available to the applicant.

8. Hearing of Minor Variance Applications

a. A-76/08, Appleton, Part of Lot 15, Concession A, (Bala), Roll # 7-12-100-01

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Roberta Appleton, applicant, 1047 Greenwood Point Road, RR #2, Gravenhurst, ON, P1P 1R2, attended the meeting. Ms. Appleton indicated she was available to answer questions.

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

Committee questioned if the location of the shed had been confirmed with a survey. Ms. Appleton indicated there are existing markers from a survey. The measurements were taken from those markers.

Minutes – Committee of Adjustment – October 20, 2008 Page 4 of 10

Resolution Number CA-04-20/10/2008

Member Mallin – Member Pryke: Be it resolved that Application A-76/08, Appleton, to permit an accessory structure (shed) prior to a main use on an undersized lot and to be located six feet from the front lot line, three feet from the side lot line and one foot from the rear lot line/street, 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 the shed is only 80 square feet, a building permit is not required, no trees were removed and there were no concerns from the neighbours.

A Lot Development Package was made available to the applicant.

b. A-77/08, Clarke, Part of Lot 26, Concession 7, Lot 29 on Plan M-234, (Bala), Roll # 7-5-067

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Cheryl Gibson, agent, Cheryl R. Gibson Designs, 7407 Davy Road, Box 0, Switch Road, RR #1, Washago, ON, L0K 2B0, attended the meeting. Ms. Gibson indicated the purpose of the application and noted no neighbours had objected to the application. She distributed survey calculations, a copy of which is attached.

Member Pryke indicated she had a conflict of interest as her brother is the surveyor. Member Pryke left the room.

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

Committee held a discussion and agreed they could not support the application. The increased coverage of buildings and the encroachment of the sundeck would have an impact on the density and shoreline. Also, privacy is a concern.

Resolution Number CA-05-20/10/2008

Member Ellis – Member Mallin: Be it resolved that Application A-77/08, Clarke, to permit the construction of an addition (sunroom) to the existing dwelling which will result in a lot coverage of 17.5% or 2,454 square feet and to allow a sundeck on the roof of the existing boathouse 12 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

MOTION DEFEATED.

Minutes – Committee of Adjustment – October 20, 2008 Page 5 of 10

lot coverage already exceeds the maximum permitted) could not be supported. The Committee noted their concern with privacy and the location of the proposed sundeck on the roof of the boathouse. Please note the ramp is not required for access as the variance for the sundeck was not supported by the Committee.

A Lot Development Package was made available to the agent.

c. A-78/08, Campbell, Part of Lot 22, Concession 3, Part 3 on Plan 35R-2192, (Wood), Roll # 6-1-001-02

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Ellis indicated the applicant is ill and requested the application be adjourned.

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

Committee indicated concern with the proposed increase in density. The application/hearing was adjourned.

d. A-79/08, Cohen, Part of Lot 5, Concession 11, (Medora), Roll # 4-7-010

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Kip Phillips, 63 Joseph St., Box 433, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Phillips explained the request for relief of the height is to permit a basement garage. The front of the dwelling (lakeside) will not exceed 35 feet in height, and noted the view from the lake will not be impacted as the property is well vegetated. He submitted a photograph taken from the lake, a copy of which is attached.

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

Committee had no questions.

Resolution Number CA-06-20/10/2008

Member Edwards – Member Ellis: Be it resolved that Application A-79/08, Cohen, to permit the construction of a dwelling where a portion is to be 37 feet 6 inches in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – October 20, 2008 Page 6 of 10

height complies on the lakeside elevation, the property is well treed and the neighbours did not indicate any concerns.

Lot Development Package was made available to the agent.

e. A-80/08, Elliott, Part of Lot 17, Concession 1, Lot 14 on Plan 17, (Wood), Roll # 8-2-050.

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Marjut Nousiainen, in opposition to the application. Mr. Ellis read the letter a copy of which is attach.

ii) Letter from Frank and Joie Gold in opposition to the application. Mr. Ellis read the letter a copy of which is attached.

Mr. Peter Elliott, applicant, 8 Pierce Court, RR #1, Midhurst, ON, L0L 1X0, attended the meeting. Mr. Elliott indicated the proposal is to change the orientation of the boathouse due to the shallow water depth. The size of the boathouse will increase slightly with no changes in dock width. Mr. Elliott stated his proposed changes would not impact neighbours.

Mr. Robert Chatoff, neighbour, 32 Sheffley Crescent, Toronto, ON, M9R 2W4, attended the meeting in opposition to the application. Mr. Chatoff indicated his property is located next to the Elliott’s and is opposed to the proposal because it would obstruct his view of Lake Muskoka. He circulated a photograph taken from his dock, a copy of which is attached.

No one attended in support of the application.

Committee noted a property owner’s entitled view of the lake is within the projected lot lines of their property.

Committee questioned if the applicant could rebuild to a safe condition and still maintain the 13.7% lot coverage. Mr. Ellis confirmed the applicant could rebuild but would have to maintain the same footprint.

Committee held a discussion and felt they could not support the application as the request is not minor in nature, and the existing lot coverage is over what is permitted.

Resolution Number CA-07-20/10/2008

Member Edwards – Member Ellis: Be it resolved that Application A-80/08, Elliott, to permit the construction of a boathouse which will result in a lot coverage of 13.8% or 2,239 square feet and to allow the boathouse to be 24.5 feet in width, as shown on the plan attached to the Notice of Decision, is hereby approved.

MOTION DEFEATED.

Minutes – Committee of Adjustment – October 20, 2008 Page 7 of 10

on the subject land and the maximum coverage already exceeds the maximum permitted.

A Lot Development Package was made available to the applicant.

f. A-81/08, Moorsom, Part of Lot 8, Concession B, Part 1 on Plan 35R-20398, Tobin’s Island, (Medora), Roll # 4-27-068-25

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Rod Moorsom, agent, along with his brother Mr. Ben Moorsom, applicant, 123 Perry Crescent, Toronto, ON, M9A 1K5, attended the meeting. Mr. Rod Moorsom explained the property was acquired in July, 2008, under power of sale. The dwelling is located 170 feet from the high water mark with no visual impact from the lake. The property is under Site Plan Control and is well treed. They distributed a booklet containing photographs, a copy of which is attached. Mr. Rod Moorsom indicated the dwelling has been in existence since 2005 and no complaints have been filed. He noted they would like to soften the appearance of the exposed foundation with whatever material and/or plantings the municipality would require.

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

Committee questioned how the dwelling was built without disturbing the shoreline. Mr. Moorsom indicated the materials were brought in by accessing the abutting lot.

Committee held a discussion and indicated the dwelling is well set back from the high water mark, has no visual impact, and would cause more damage to the surrounding environment to correct. Committee agreed to grant the variance.

Resolution Number CA-08-20/10/2008

Member Edwards – Member Ellis: Be it resolved that Application A-81/08, Moorsom, to permit a portion of an existing dwelling (constructed in 2005) to be 41 feet in height, ad shown on the plan attached to the Notice of Decison, 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 only a portion of the dwelling exceeds the maximum height requirement, the dwelling is well set back from the lake and is not visible. The Committee also noted that correcting the height by removing a portion of the dwelling or providing back fill would be more of constraint on the existing vegetation.

A Lot Development Package was made available to the agent.

g. A-82/08, Lentini, Part of Lot 3, Concession A, Part 2 on Plan 35R-9807, Tobin’s Island, (Medora), Roll # 4-28-071-01.

Minutes – Committee of Adjustment – October 20, 2008 Page 8 of 10

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

Notice of the Hearing was circulated 11days prior.

Submissions were received.

Submissions were received as follows:

i) Letter from Jim Hayward, in opposition to the application. Mr. Ellis read the letter a copy of which is attach.

Mr. John Duck, agent, 30 Fairlight Glen Cresecent, Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Duck indicated Adam Lentini, the applicant’s son, is present as the applicants were currently out of the country and unable to attend. He explained the purpose is to extend the dock length to obtain sufficient water depth for boats.

Mr. Jim Hayward, 1270-5 Montrose Abbey Drive, Oakville, ON, L6M 1P1, attended the meeting. Mr. Hayward indicated his property is next to the Lentini’s. The water depth in front of his property is the same as the Lentini’s. He indicated no problems with the boats located in his own boathouse. The proposed location is close to his lot and requested that if approved, the dock be relocated more toward the centre of the Lentini’s lot to lessen the impact on his property. Mr. Hayward also indicated concern with the proposed 40 foot width of the dock, and noted a significant sized boathouse could be located on the docks.

No one attended in support of the application.

Committee questioned if the applicants have plans for a boathouse in the future. Mr. Duck indicated there have been discussions regarding a boatport, however, this application is for dock length due to the shallow depth of the water.

Committee questioned if the dock could be located toward the centre of the lot. Mr. Adam Lentini, agent, 1093 Fleet Street, Mississauga, ON, L5H 3P4, attended the meeting. He indicated the water depth located toward the centre of the lot is lower than the proposed location.

Committee held a discussion and decided to adjourn the application until the applicants could be available to attend. Also, the Committee indicated a reconfigured dock i.e. a “finger dock” may be more appropriate.

A Lot Development Package was made available to the agent. h. A-83/08, Tuzi, Part of Lot 23, Concession B, Part of Lot 20 and Lot 21 on Plan 7, (Medora), Roll # 6-7-013

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

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Mr. John Duck, 30 Fairlight Glen Cresecent, Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Duck reviewed the purpose of the application. The request is to increase the lot coverage to 8.7% in order to obtain a Muskoka Room. Mr. Duck indicated they could not move the dwelling back further due to the existing driveway and flower gardens. Moving the dwelling back would reduce the lot coverage within 200’ from the shoreline. There would be

Minutes – Committee of Adjustment – October 20, 2008 Page 9 of 10

no tree removal. He noted the proposed is well set back and buffered as the Muskoka Room is to the rear of the dwelling.

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

It was clarified for Committee that the dwelling is under construction. It was also noted that Clear Lake is over threshold.

Resolution Number CA-09-20/10/2008

Member Ellis – Member Edwards: Be it resolved that Application A-83/08, Tuzi, to permit the construction of an addition (Muskoka Room) which will result in a lot coverage of 8.7% or 1,825 square feet within the lot area 200 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

A Lot Development Package was made available to the agent.

9. Correspondence

a. None.

10. Unfinished Business

a. Amended Decision, B/19/08/ML, MacDonald, Part of Lots 33 & 34, Concession 4, (Port Carling), Roll # 5-6-009

Mr. Ellis explained the history, nature and location of the application/property. He indicated the amendment to the decision is to make the lands in application B/19/08/ML subject to Site Plan Control.

Resolution Number: CA-10-20/10/2008

Member Ellis – Member Edwards: Be it resolved that the decision of the Committee of Adjustment dated May 26, 2008, 2008, for Application B/19/08/ML, (MacDonald), is hereby amended by adding the following condition:

6. That the retained lot be made subject to site plan control.

EXPLANATION OF CHANGES: It was found that a portion of the retained lot has been identified as part of the District of Muskoka Lakes System Health Program. The District of Muskoka has requested that a condition be imposed to make the retained lot subject to site plan control.

Carried.

Minutes – Committee of Adjustment – October 20, 2008 Page 10 of 10

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-11-20/10/2008

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 11:25 a.m.

Carried.

Brian Hare, Chair Andrea Glazier, Acting Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, November 10th, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards A. Glazier - Committee of Adjustment Coordinator Karen Ellis M. Ellis - Planner Susan Pryke L. Forbes - Planning Administrative Assistant Anna Mallin

1. Meeting Called to Order

Chair Hare called the meeting to order at 9:02 a.m.

2. Adoption of Agenda

a. Resolution Number: CA-01- 10/11/2008

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated November 10, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated October 20, 2008, is attached.

Resolution Number: CA-02-10/11/2008

Member Ellis – Member Edwards: Be it resolved that the minutes dated October 20, 2008, be adopted and approved as circulated.

Carried.

Chair Hare indicated he would like to have the submissions attached to the draft minutes in the agenda package. Mr. Fahner indicated he would investigate the matter.

5. Delegations

a. Mr. Mark Lavine attended at 10:30 a.m. re: Item 10.a. Unfinished Business, (Lavine)

b. Mr. N.B. Roche did not attend re: Item 10.b. Unfinished Business, (Stanbury)

Minutes – Committee of Adjustment – November 10, 2008 Page 2 of 10

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

a. None

7. Hearing of Consent Applications

a. B/45/08/ML, Ayr II Estates Limited, Part of Lot 30, Concession 5, Lot 22, on Plan M-13, Parts 2 & 3 on Plan 35R-7605, Part 8 on Plan 35R-9313, Part 1 on Plan 35R-162220, (Port Carling), Roll # 5-5-002

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis reviewed the report, copy of which is attached.

Mr. Chris Oyler , agent, Coote Hiley Jemmett Ltd Land Surveyors, 6 Dominion, Bracebridge, ON P1L 2A6 attended the meeting. Mr. Oyler indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-03-10/11/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/45/08/ML, (Ayr II Estates Limited), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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. Carried.

A Lot Development Package was made available to the agent.

b. B/46/08/ML, Ceschia/Fletcher, Part of Lot 15, Concession B, (Bala), Roll # 7-11-067

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – November 10, 2008 Page 3 of 10

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

Ms. Evelyn Ceschia, applicant, Box 125, Bala, ON, P0C 1A0, attended the meeting. Ms. Ceschia indicated she was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-04-10/11/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/46/08/ML, (Ceschia and Fletcher), provided the following conditions are fulfilled:

A Lot Development Package was made available to the agent. c. B/47/48/08/ML, Johnson & Auden, Part of Lot 5, Concession 12, Parts 4 & 2 on Plan BR- 1452, (Watt), Roll #’s 2-19-006 & 2-19-005

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached.

Mr. Ken Auden, applicant, 2055 Glenforest Crescent, Oakville, Ontario, L6J 2G5, attended the meeting. Mr. Auden indicated they recently purchased the property and it was discovered at the time of closing there was an encroachment of the propane tank location.

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

Minutes – Committee of Adjustment – November 10, 2008 Page 4 of 10

Committee questioned if the Johnson’s could further sever the lot. Mr. Fahner indicated they have other options they may pursue other than Consent. The lot has very steep slopes.

Committee questioned the distance from the propane tank to the lot line. Mr. Auden indicated the propane tank is located about 75 to 100 feet from the lot line.

Resolution Number: CA-05-10/11/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/47/08/ML, (Johnson), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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. Carried.

Resolution Number: CA-06-10/11/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/48/08/ML, (Auden), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is 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. Carried.

A Lot Development Package was made available to the agent. d. B49/59/08/ML, Van Laethem, Part of Lots 26 & 27, Concession 1, (Cardwell), Roll #1-3-010

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis reviewed the report, copy of which is attached.

Ms. Kathy Van Laethem, 79 Whitehall Road, Toronto, Ontario, M4W 2C8, attended the meeting.

Minutes – Committee of Adjustment – November 10, 2008 Page 5 of 10

Mr. Chris Oyler, agent, Coote, Hiley, & Jemmett Ltd Land Surveyors, 6 Dominion Street, Bracebridge, ON P1L 2A6 attended the meeting. Mr. Oyler indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number: CA-07-10/11/2008

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/49/50/08/ML, (Van Laethem), provided the following conditions are fulfilled:

1. A registerable description (deed) of the right-of-way is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. Carried.

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-84/08, Sherk, Part of Lot 26, Concession 8, Lot 5 on Plan 549, (Monck), Roll # 9-9-036

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Mr. Mark Sherk, applicant, 39 Yates Street, P.O. Box 487, St. Catharines, Ontario, L2R 6W2, attended the meeting. Mr. Sherk reviewed the purpose of the application and indicated he was available to answer questions.

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

Committee questioned the reference in staff’s report which indicated the subject property has no road or water frontage, but is located within the Community. Mr. Fahner indicated the zoning of the subject property is Waterfront Residential (WR1), but it is located within the Community designation in the Official Plan. He explained the zoning by-law is not caught up with our Official Plan, and noted the comprehensive zoning by-law will be reviewed next year.

Resolution Number CA-08-10/11/2008

Member Mallin – Member Pryke: Be it resolved that Application A-84/08, Sherk, to permit the construction of an addition to a dwelling that is located on a lot that does not have frontage on a street or navigable waterway, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – November 10, 2008 Page 6 of 10

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 municipally maintained travelled road is close to the subject land, the zoning by-law has not been updated with respect to Communities, the dwelling is existing and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the applicant. b. A-85/08, Ambrozic, Part of Lot 27, Concession 8, Lot 11 on Plan M-269, (Wood), Roll # 6-9- 024

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter from Mr. & Mrs. LaRonde, neighbours. Mr. Ellis read the letter, a copy of which is attached.

Ms. Adrienne Ambrozic, applicant, , attended the meeting. Ms. Ambrozic indicated the existing boathouse can only accommodate two very small boats and their current boat does not fit at all. They would like to have a sundeck to have a place to sit and enjoy the water and sun. She noted the width is more important than the length. Ms. Amborzic indicated they were willing to negotiate since the neighbours are more concerned with the length.

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

Committee indicated they preferred to adjourn the application until the applicant could furnish more information and closer in compliance of the zoning by-law.

Committee questioned the proposed height of the boathouse and indicated they would like to see elevation drawings. Ms. Ambrozic circulated full size elevation drawings and indicated she would like direction from Committee to bring the boathouse closer to compliance with the zoning by-law. Committee indicated they would like to see the length of the boathouse shortened and be located toward the centre of the lot with side yard setbacks of 45 feet. Committee also noted if the stairs could be located to the rear of the boathouse instead of on the side it would reduce the width.

Committee agreed to adjourn the application so the applicant could work with staff to be closer to compliance with the zoning by-law.

A Lot Development Package was made available to the agent. c. A-87/08, Cain, Part of Lot 26, Concession 5, Parts 1-3 on Plan 35R-4296, (Watt), Roll # 2-9- 094

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

Notice of the Hearing was circulated 11 days prior.

Minutes – Committee of Adjustment – November 10, 2008 Page 7 of 10

Submissions were received as follows:

i) Letter from Mr. Timothy Du Vernet, neighbour. Mr. Ellis read the letter, a copy of which is attached.

Chair Hare noted the building permit was issued prior to the Waterfront Density By-law.

Mr. Carey Cain, applicant, 25 McCrank Dr., Bracebridge, Ontario, P1L 1A9, attended the meeting. Mr. Cain reviewed the purpose of the application. He indicated he has no intention to close in the covered area, and noted he would have no objection to this restriction as a condition of the Minor Variance.

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

Committee questioned the issue of the right-of-way mentioned in the submission by Mr. Du Vernet. Mr. Cain indicated he was unsure of what Mr. Du Vernet was referring to, and noted perhaps he was referring to the Original Shore Road Allowance which has not been closed.

Chair Hare asked Ms. Madeline Fielding, Muskoka Ratepayers Association, if she knew of the right-of-way Mr. Du Vernet’s letter referred to. She was the previous owner. Ms. Fielding indicated she had appealed her assessment of that property to the Municipal Property Assessment Corporation. It was determined the lot does not have any legal access to the waterfront.

Mr. Cain indicated he intends to make application to close the Original Shore Road Allowance.

Resolution Number CA-09-10/11-2008

Member Mallin – Member Pryke: Be it resolved that Application A-87/08, (Cain), to permit the expansion of a roofed/covered area of a two storey boathouse. The height of the roofed/covered area is 22 feet and to permit a covered area on the second floor of a boathouse on a lot that has 245 feet of frontage, 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 only a corner does not comply, technically the area is less than 16 square feet (as a four foot eave is permitted) and the boathouse was constructed prior to the changes in the zoning by-law.

A Lot Development Package was made available to the applicant. d. A-88/08, Warren, Part of Lot 24, Concession 7, Parts 1 & 2 on Plan 35R-13197, (Wood), Roll # 6-6-037

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

Notice of the Hearing was circulated 11 days prior.

Minutes – Committee of Adjustment – November 10, 2008 Page 8 of 10

No submissions were received.

Ms. Paulette Warren, applicant, 65 Gloucester Street, Toronto, Ontario, M4Y 1L8, attended the meeting. Ms. Warren indicated she has planted 23 trees and shrubs on the property since she has owned it and noted she could plant more trees.

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

Committee questioned how far the deck extends over the water. Mr. Ellis indicated the deck extends approximately 18 inches over the water. Ms. Warren circulated photographs of the dock.

Committee agreed re-naturalization of the shoreline with securities should be imposed as a condition of Minor Variance.

Resolution Number CA-10-10/11/2008

Member Pryke – Member Mallin: Be it resolved that Application A-88/08, Warren, to permit the width of a deck/dock to be 36 feet, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the submission of a satisfactory site plan (with securities) for additional tree plantings.

Carried.

CONDITIONS: That a satisfactory site plan (with securities) for additional tree plantings be submitted.

Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. B/42/08/ML, Lavine, Part of Lot 3, Concession 14, Lots 1 & 2, Plan M-400, (Medora), Roll # 4-4-048 (This application was adjourned at the hearing held on October 20, 2008)

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

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka. Mr. Ellis read the letter a copy of which is attached.

Mr. Mark Lavine, applicant, 1011 Pratt Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. Lavine circulated photographs of the bay where his property is located, copies of which

Minutes – Committee of Adjustment – November 10, 2008 Page 9 of 10

are attached. Mr. Lavine reviewed the purpose of the application and indicated there would be no change in the visual impact from the lake. He indicated the application essentially keeps everything the same.

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

Committee questioned if the applicant had any objection to staff’s recommendation that one of the sleeping cabins be removed or converted to a storage building. Mr. Lavine indicated he could convert it, remove it or possibly alter it and attach it to the existing dwelling.

Committee questioned how this application could be supported. Mr. Fahner indicated there are three existing lots along the shoreline and noted each of these lots have development rights. Each lot could have two habitable buildings located on them for a total of six habitable buildings. Approval would eliminate the amount of development. Mr. Fahner also noted the application should be amended as approval of the application as submitted would require a Zoning Amendment to recognize insufficient lot frontage and area. Technically Lot 2 is a separate lot. If the applicant amends the application to sever Lot 1 (the middle lot) and add it to the abutting lots, an exemption to the by-law for frontage and area would not be required. An amended application would result in a simple lot addition application.

Committee agreed to adjourn the application until the applicant could amend the application. b. B/32/08/ML, Stanbury, Part of Lot 21, Concession A, Parts 2 & 3 on Plan 35R-21770, (Watt), Roll # 2-13-041 (This application was adjourned at the hearing held on September 29, 2008)

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

Mr. James Stanbury, applicant, 108 Wells Street, Aurora, Ontario, L4G 1T3, attended the meeting. Mr. Stanbury indicated he was available to answer questions.

Committee had no questions.

Resolution Number: CA-11-10/11/2008

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/32/08/ML, as amended, (Stanbury), provided the following conditions are fulfilled:

Mr. Fahner reviewed the history of the application and indicated a settlement had been agreed to at the Ontario Municipal Board hearing.

Minutes – Committee of Adjustment – November 10, 2008 Page 10 of 10

11. Information Items

a. None.

12. New Business

a. Amended Decision, B/20-24/08/ML, Wallace Marine Limited, 2162262 Ontario Inc., 2027587 Ontario Inc., 2027588 Ontario Inc., Part of Lot 24, Concession 11, (Medora), Roll #’s 4-14- 065/066/066-01/068/068.

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

Mr. Greg Corbett, Planscape, agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett reviewed the purpose of the amendment and noted it was a technical issue. His client had no objection to it.

Committee had no questions.

Resolution Number: CA-12-10/11/2008

Member Mallin – Member Pryke: Be it resolved that the decision of the Committee of Adjustment dated May 26, 2008, for Application B/20-24/08/ML, (Wallace Martine, et al), is hereby amended by adding the following condition:

2. That the applicant enters into a Consent Agreement with the District Municipality of Muskoka under Section 51(26) of the Planning Act and this Agreement be registered on title. The agreement shall deal with a sanitary sewage disposal system that services proposed condominiums on adjacent lands.

Carried.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

15. Adjournment

a. Resolution Number: CA-13-10/11/2008

Member Pryke –Member Mallin: Be it resolved that the meeting adjourn at 11:00 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, December 1st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Meeting Called to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-1/12/2008

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated December 1, 2008, be adopted.

Carried.

3. Declaration of Conflict of Interest

a. None.

4. Adoption of Minutes

a. A copy of the Minutes dated November 10, 2008, is attached.

Resolution Number: CA-02-10/11/2008

Member Edwards – Member Ellis: Be it resolved that the minutes dated November 10, 2008, be adopted and approved as circulated.

Carried.

5. Delegations

a. Mr. John Duck, agent, attended re: Item 10.a., Unfinished Business, (Lentini)

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

a. None

Minutes – Committee of Adjustment – December 1, 2008 Page 2 of 13

7. Hearing of Consent Applications

a. B/51/08/ML, Bemrose, Part of Lots 3 & 4, Concession 11, (Watt), Roll # 2-18-079

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

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

ii) Report from Building Inspector, Mr. Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached.

iii) Letter from Mr. Randy Turner. Mr. Ellis read the letter, a copy of which is attached.

Mr. Donald Bemrose, applicant, 1249 Skeleton Road 2, RR #1, Utterson, ON, P0B 1M0 attended the meeting. Mr. Bemrose indicated he was available to answer questions.

Mr. Randy Turner, 1267 Skeleton Lake Road 2, Utterson, ON, P0B 1M0, attended the meeting. Mr. Turner noted a correction to staff’s report regarding the road frontage of his property. He explained his property is described in the report as the benefitting lot with 26 feet of road frontage. It should be 73 feet of road frontage.

No one attended in opposition to the application.

In response to Committee’s question Mr. Fahner indicated the District Municipality of Muskoka’s recommendation to either rezone the property or restrict the use, depends somewhat on what Mr. Turner plans to use the property for. Mr. Fahner noted the cost to rezone the property would be $500 as a condition of consent. Mr. Turner indicated he has no plans for this property.

Resolution Number: CA-03-01/12/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/51/08/ML, (Bemrose), provided the following conditions are fulfilled:

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

A Lot Development Package was made available to the applicant.

b. B/52/53/08/ML, McKee & Jackson, Part of Lot 33, Concession 7, Parts 1 & 2 on Plan 35R- 2623, (Bala), Roll # 7-6-046 & 7-6-046-01

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – December 1, 2008 Page 3 of 13

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

Mr. Tom Bunker, agent, T. A. Bunker Surveying Ltd., P.O. Box 1180, Gravenhurst, ON, P1P 1V4, attended the meeting. Mr. Bunker requested the restriction on the dock length be changed from 30 feet to 35 feet. He noted there are no navigational issues.

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

Committee questioned if staff had any concern with expanding the dock length to 35 feet. Mr. Ellis indicated staff had no concerns with the five foot increase in length.

In response to Committee’s question, Mr. Fahner indicated staff is examining properties with heritage value, and noted properties must first be added to the heritage list before they may be designated. Mr. Ellis noted the property is part of the former Bala Manor and is architecturally significant.

Committee had no questions.

Resolution Number: CA-04-01/12/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/52/08/ML, (McKee), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. That the dock length be restricted to 35 feet on the resultant lot by means of an exemption to Comprehensive Zoning By-law 87-87, as amended.

Resolution Number: CA-05-01/12/2008

Member Edwards– Member Ellis: Be it resolved that Consent be granted for Application B/53/08/ML, (Jackson), provided the following condition is fulfilled:

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

A Lot Development Package was made available to the agent.

8. Hearing of Minor Variance Applications

a. A-89/08, Takacs, Part of Lot 23, Concessions 3 &4, Part Lot 15 on Plan 20, Parts 1 & 2 on Plan 35R-15659, (Wood), Roll # 6-1-010

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. George Jacobs, agent, 3-1025 Packers Bay Road, Torrance, Ontario, P0C 1M0, attended the meeting. Mr. Jacobs indicated the applicants want to be able to securely store

Minutes – Committee of Adjustment – December 1, 2008 Page 4 of 13

all their cottage accessories and vehicles. He noted the applicants intend to use the second storey as storage only.

In response to Committee’s question Mr. Fahner indicated the second floor area could be limited to 650 square feet.

Committee indicated they wanted a condition added in that the shed is to be removed prior to the Building Permit being issued.

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

Committee had no questions.

Resolution Number CA-06-01/12/2008

Member Ellis – Member Edwards: Be it resolved that Application A-89/08, Takacs, to permit the construction of a two storey garage which will result in a lot coverage of 10.8% or 4,100 square feet, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to an interior floor area of 650 square feet in the second storey and the shed is removed.

Carried.

CONDITIONS: That the interior floor area of the second storey of the garage is limited to 650 square feet and the shed is removed.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted no additional trees will be removed, the garage is located well back from the lake, the neighbours did not indicate any concerns and restricting the size of the garage will limit the use of the second storey.

A Lot Development Package was made available to the agent.

b. A-90/08, Goddard & Shaw, Part of Lot 35, Concession 12, Lot 28 on Plan 32, (Medora), Roll # 4-17-033

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received

Mr. Brad Antonides, agent, RR #3, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Antonides reviewed the history of the property and indicated he was available to answer questions.

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

Resolution Number CA-07-01/12/2008

Member Ellis – Member Edwards: Be it resolved that Application A-90/08. Godard and Shaw, to permit the construction of a basement under an existing

Minutes – Committee of Adjustment – December 1, 2008 Page 5 of 13

dwelling and deck and to construct an upper porch 55 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carrried.

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 location of the proposed structure is the best option due to terrain constraints, no blasting of rock will be required and the neighbours did not indicate any concerns.

Committee had no questions.

A Lot Development Package was made available to the agent.

c. A-91/08, Aspden, Part of Lot 6, Concession 2, (Cardwell), Roll # 1-2-145

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Ian McLaren, agent, Hicks Partnership Inc., 345 Lakeshore Rd. E., Oakville, ON, L6J 1J5, attended the meeting. Mr. McLaren reviewed the application and noted the design is to maintain and enhance the natural contours of the lot and maintain vegetation. They anticipate the geologic features of the site to be crumbly bedrock, however, they would like to maintain the option to blast in the event they run into any solid bedrock.

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

In response to Committee’s question, Mr. Fahner indicated site alteration would be permitted with the issue of a building permit and noted the property is also subject to Site Plan Control.

Committee agreed to remove the proposed condition of “no blasting”.

Resolution Number CA-08-01/12/2008

Member Ellis – Member Edwards: Be it resolved that Application A-91/08, Aspden, to permit the construction of a sleeping cabin 35 feet from the high water, as shown on the plan attached to the Notice of Decision, is hereby approved, provided a satisfactory re-naturalization plan, along with securities, for a portion of the shoreline area is submitted.

Carried.

CONDITIONS: That a satisfactory re-naturalization plan be submitted for a portion of the shoreline, along with securities.

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

Minutes – Committee of Adjustment – December 1, 2008 Page 6 of 13

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 area for the new sleeping cabin is already cleared (the existing dwelling was in this location), no vegetation is to be removed and the neighbours did not indicate any concerns.

A Lot Development Package was made available to the agent. d. A-92/08, Lowe, Part of Lots 23 & 24, Concession 6, Parts 1-3 on Plan 35R-9339, (Port Carling), Roll # 5-4-056-04

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

Notice of the Hearing was circulated 11 days prior.

Submissions were received as follows:

i) Letter of support from Mr. Belzberg. Mr. Ellis reviewed the letter, a copy of which is attached.

ii) Letter of support from Mr. Steele. Mr. Ellis reviewed the letter, a copy of which is attached.

iii) Letter of support from Mr. DeGroote. Mr. Ellis reviewed the letter, a copy of which is attached.

Mr. Donald Lowe, applicant, 47 St. Claire Avenue West, PH 4, Toronto, Ontario, M4V 3A5, attended the meeting. Mr. Lowe circulated photographs of the property and reviewed the purpose of the application. Mr. Lowe indicated he was available to answer questions.

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

Committee had no questions.

Resolution Number CA-09-01/12/2008

Member Ellis – Member Edwards: Be it resolved that Application A-92/08, Lowe, to permit a total cumulative width of docks to be 62 feet, 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 the variance (to the newest construction) is 2 feet 10 inches, there will be no visual impact from the water and the neighbours did not indicate any concerns.

Lot Development Package was made available to the applicant. e. A-93/08, Panacci, Part of Lots 20 & 21, Concession E, Part 3 on Plan 35R-19078, (Medora), Roll # 6-19-034-08

Member Pryke stated she had received e-mails regarding this application prior to the

Minutes – Committee of Adjustment – December 1, 2008 Page 7 of 13 hearing but had not viewed them as prior knowledge is not permitted.

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

Notice of the Hearing was circulated 12 days prior.

Submissions were received as follows:

i) Letter of objection Gordon Richards, Acton Island Association. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter of objection from Vicky and Larry Rozak. Mr. Ellis reviewed the letter, a copy of which is attached.

iii) Letter of objection from John and Marion Mochrie. Mr. Ellis reviewed the letter, a copy of which is attached.

iv) Letter of objection from Whitey and Kathy Smale. Mr. Ellis reviewed the letter, a copy of which is attached.

v) Letter of objection from Barry A. Cohen. Mr. Ellis reviewed the letter, a copy of which is attached.

vi) Letter of objection from Linda Armstrong. Mr. Ellis reviewed the letter, a copy of which is attached.

vii) Letter of objection from Bill Drummond. Mr. Ellis reviewed the letter, a copy of which is attached.

viii) Letter of objection from Brain Atkinson. Mr. Ellis reviewed the letter, a copy of which is attached.

ix) Letter of objection from Joan A. McCann. Mr. Ellis reviewed the letter, a copy of which is attached.

x) Letter of objection from Robert and Mary Crawford. Mr. Ellis reviewed the letter, a copy of which is attached.

xi) Letter of objection from John McMechan, Acton Island Association. Mr. Ellis reviewed the letter, a copy of which is attached.

xii) Letter of objection from James and Edna Claydon. Mr. Ellis reviewed the letter, a copy of which is attached.

xiii) Letter of objection from Dan and Joan McGuire. Mr. Ellis reviewed the letter, a copy of which is attached.

xiv) Letter of objection from Robert Anderson. Mr. Ellis reviewed the letter, a copy of which is attached.

Mr. Paul Debattista, agent, 7686 Appleby Line, Milton, ON, L9T 2Y1, attended the meeting. Mr. Debattista indicated trees would be planted at the front of the property and was available to answer questions.

Committee questioned if there were any extenuating circumstances on this property such as

Minutes – Committee of Adjustment – December 1, 2008 Page 8 of 13 steep slopes or large rock outcroppings that necessitated the reduction in setbacks. Mr. Debattista indicated some land had been acquired by the municipality for the road, but there are no restrictive topographical features.

Mr. Gord Richards, Acton Island Association, P.O. Box 271, Bala, ON, P0C 1A0. Mr. Richards indicated the Acton Island Association is in opposition to the application and does not view a 29 foot error as minor. He stated the applicants did not follow the Building Inspector’s instructions and went ahead and poured the footings regardless. He indicated concern that this property may be used by the abutting property owners to bring in buses for their religious retreat. He requested a condition, if approved, that no right-of-way or future rezoning be permitted. Any conditions imposed should be strict and specific.

Mr. Larry Roczak, 1047 Innisfree Road, Bala, ON, P0C 1A0, attended the meeting in objection to the application. Mr. Roczak reviewed a letter from Paul Fox and Shellye Fogel, a copy of which is attached. He felt any requirements for revegetation of the property should be very specific. He noted he did not believe the location of the dwelling was an error.

Mr. Jim Lewis, 1043 Innisfree Road, Bala, ON, P0C 1A0, attended the meeting in objection to the application. Mr. Lewis felt this situation is an example of blatant disregard of municipal by-laws. The applicant was instructed by the Building Inspector to change the location of the footings. They went ahead and poured the footings anyway. Mr. Lewis indicated the visual impact of the dwelling will change the landscape and is not compatible with the surrounding character of the area. This should be a zoning by-law amendment, not a Minor Variance. This is not minor in nature and does not comply with the spirit of the Planning Act.

Mr. James Claydon, 1113 Innisfree Road, Bala, ON, P0C 1A0, attended the meeting in objection to the application. Mr. Claydon indicated he concurred with the previous objectors. He stated the applicants removed a substantial amount of trees located at the front of the subject property as well as trees from the road allowance without permission.

Mr. Curtis Livingstone, Building Inspector, attended the meeting. Mr. Livingstone reviewed the chronology of events pertaining to the development of the subject property.

Mr. Livingstone stated the following:

• August 16, 2008, a Building Permit was issued to construct a single family dwelling at 1065 Innisfree Road, with a front yard setback of 231 feet and a 16 foot side yard setback. • July 11, 2008, an inspection for footings was requested. Upon inspection, the property lines were not marked and the building location could not be determined. The footings did not pass inspection. • August 29, 2008, a footing inspection was requested. The property lines were not marked. The builder and owner onsite were made aware that the building appeared to be too close to the front yard setback limit. A building location survey was requested on the inspection report. The footing inspection was not passed due to the building location. • October 3, 2008, an Order to Comply and Stop Work Orders were issued due to the construction of a building not in conformance with the permit issued. The owner/permit holder was ordered to provide a building location survey to confirm the location. • October 6, 2008, a building location survey was provided showing the building front yard setback to be 37.47 feet, the minimum front yard setback permitted is 66 feet.

Minutes – Committee of Adjustment – December 1, 2008 Page 9 of 13

The side yard setbacks are greater than the minimum permitted, but not as per the issued Building Permit. The Stop Work Order is still in place.

No one attended in support of the application.

Committee questioned if Mr. Debattista had anything to add. Mr. Debattista indicated he had nothing to add.

Committee questioned why the footings were poured when they had been instructed by the Building Inspector not to. Mr. Debattista indicated he was not aware of the required setbacks, and noted he would have built it in the right place if he had known. Committee indicated the setbacks are on the front of the Building Permit. Mr. Debattista indicated he could not argue with his client and she insisted that was the location.

Committee agreed there had been no compelling argument or natural constraints to support the application, and this was a display of blatant disregard of the by-law.

Resolution Number CA-10-01/12/2008

Member Ellis – Member Edwards: Be it resolved that Application A-93/08, Panacci, to permit the construction of a dwelling 37 feet from the front lot line, as shown on the plan attached to the Notice of Decision, is hereby approved, provided a satisfactory re-naturalization plan is submitted, along with securities.

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 the location of the dwelling could comply with the requirement of the by-law, there was a blatant disregard for measurements, the applicant had an opportunity to adjust the location prior to pouring the footings and foundation, the neighbours are in opposition and the height of the dwelling in this location would have an impact on the surrounding area.

Lot Development Package was made available to the applicant.

f. A-94/08, Tratnik, Part of Lot 8, Concession D, Lot 17 and Part of Lot 18 on Plan M-63, (Bala), Roll # 7-7-018

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Kip Phillips, Muskoka Parry Sound Engineering & Design Services Inc., agent, 63 Joseph St., Port Carling, ON, P0B 1J0, attended the meeting. Mr. Phillips reviewed the application and indicated the new design is located near the rear of the dwelling. He requested clarification of the renaturalization condition.

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

Mr. Ellis indicated approximately six trees should be planted along the shoreline to minimize

Minutes – Committee of Adjustment – December 1, 2008 Page 10 of 13

the phosphorus loading into the lake.

Mr. Mark Tratnik, applicant, 299 Pinetree Way, Mississauga, ON, L5G 2R4, attended the meeting. Mr. Tratnik reviewed the purpose of the application, and noted he could plant some trees.

Committee had no questions.

Resolution Number CA-11-01/12/2008

Member Edwards - Member Pryke: Be it resolved that Application A-94/08, Tratnik, to permit the construction of an addition to the existing dwelling 17 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved provided a satisfactory re-naturalization plan is submitted, along with securities, for a portion of the shoreline area.

Carried.

CONDITIONS: That a satisfactory re-naturalization plan be submitted for a portion of the shoreline, along with securities.

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 addition is to be located behind the existing dwelling, the addition is no closer than the existing, the neighbours did not indicate any concerns and the shoreline is to be re-vegetated.

Lot Development Package was made available to the applicant.

g. A-95/08, Stephen, part of Lot 15, Concession 1, Parts 1-3 on Plan 35R-9526, (Wood), Roll # 8-2-013

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

Notice of the Hearing was circulated 12 days prior.

No submissions were received.

Mr. Peter Stephen, applicant, 1068-3 Broadley Road, RR #2, Gravenhurst, ON, P1P 1R2, attended the meeting. Mr. Stephen reviewed the history of the property and indicated he would like a two car garage. He noted the new dwelling will have minimal visual impact as it is dark brown in colour and the new garage will also be dark brown.

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

Committee questioned if the exterior lighting on the garage will be dark sky compliant. Mr. Stephen indicated only one light will be installed over the door and it will be dark sky compliant.

Resolution Number CA- 12-01-12/2008

Member Edwards – Member Pryke: Be it resolved that Application A-95/08, Stephen, to permit the construction of a one storey garage which will result in a

Minutes – Committee of Adjustment – December 1, 2008 Page 11 of 13

lot coverage of 11% or 3,639 square feet and to permit a dwelling to be 14 feet from the side lot line, 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 the proposed garage is a non-habitable structure, the proposed is to be located where there was an existing bunkie and, therefore, no vegetation is to be removed. The proposed garage will not be highly visible from the water.

Lot Development Package was made available to the applicant.

9. Correspondence

a. None.

10. Unfinished Business

a. A-82/08, Lentini, Part of Lot 3, Concession A, part 2 on Plan 35R-9807, Tobin’s Island, (Medora), Roll # 4-28-071-01 (This application was adjourned at the hearing held on October 20, 2008)

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

No submissions were received.

Mr. John Duck, agent, 30 Fairlight Glen Crescent, Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Duck indicated the request for the dock to be extended is to achieve appropriate water depth for docking boats. Mr. Duck indicated he was available to answer questions.

Committee discussed the proposal and were concerned the slips may be used in the future for a boat port, aquadome, or other such structure. Mr. Vincent Lentini, applicant, 1093 Fleet Street, Mississauga, ON, L5H 3P4, attended the meeting. Mr. Lentini indicated the reason for the boat slips is to allow for visitors to be able dock there. Since this is a water access property, all visitors come by boat.

Resolution Number CA-14/01/12/2008

Member Edwards – Member Pryke: Be it resolved that Application A-82/08, Lentini, to permit the construction of a dock that is to be 86 feet in length, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the prohibition of a boathouse or boatport on the dock.

Carried.

CONDITIONS: That a boathouse or boatport is prohibited on the dock.

Minutes – Committee of Adjustment – December 1, 2008 Page 12 of 13

amended, and maintains the intent of the Official Plan. The Committee noted that due to the water depth, additional dock length is appropriate use for the subject property and the property is a water access lot and additional boat slips are required.

b. B/42/08/ML, Lavine, Part of Lot 3, Concession 14, Lots 1 & 2, Plan M-400, (Medora), Roll # 4-4-048 (This application was adjourned at the hearing held on October 20, 2008)

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

Submissions were received as follows:

i) Report from Mr. Sandy Bos, Building Inspector. Mr. Ellis reviewed the report, a copy of which is attached.

ii) Letter from Mr. Brian Howden, Cottage Country Environmental Services. Mr. Ellis read the letter, a copy of which is attached.

Committee had no questions.

Resolution Number: CA-13-01/12/2008

Member Pryke – Member Edwards: Be it resolved that Consent be granted for Application B/42/54/08/ML, (Lavine), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) is submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that 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 Lot 2, Plan M-400 be deemed not to be a lot on a plan of subdivision. 4. That one of the sleeping cabins be removed or converted to storage to conform with Official Plan policies and comply with Comprehensive Zoning By-law requirements of one dwelling and one sleeping cabin per lot.

11. Information Items

a. None.

12. New Business

a. None.

13. Statistics

a. None.

14. Committee in Closed Session

a. None.

Minutes – Committee of Adjustment – December 1, 2008 Page 13 of 13

15. Adjournment

a. Resolution Number: CA-15-1/12/2008

Member Pryke –Member Edwards: Be it resolved that the meeting adjourn at 11:08 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer