2007 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 8, 2007, 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 - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin F. Hampel - Planning Administrative Assistant Susan Pryke

1. Call to Order

Chair Hare called the meeting to order at 9:02 a.m.

a. Resolution to confirm the Committee of Adjustment Proceedings By-law 2006-133.

Resolution Number: CA-01-08/01/2007

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment confirm the Proceedings By-law 2006-133.

Carried.

2. Adoption of the Agenda

a. Consideration of a resolution to adopt the agenda.

Resolution Number: CA-02-08/01/2007

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting agenda dated January 8, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of Adjustment minutes held on December 18, 2006.

Resolution Number: CA-03-08/01/2007

Member Edwards – Member Ellis: Be it resolved that the minutes dated December 18, 2006, be adopted and approved as circulated.

Carried.

Minutes – Committee of Adjustment – January 8, 2007, Page #1 Minutes – Committee of Adjustment – January 8, 2007

5. Delegates

a. Mr. Ron Austin attended re: Item 10.a., Unfinished Business, (Austin).

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

a. B/81/06/ML, Maltais, Part of Lot 24, Concession 7, Part 1, Plan 35R-6104, (Wood), 6-6- 069-01.

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

Notice of the Hearing was circulated 21 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department, stating they had no objection to the application. Mr. Pink read the letter, a copy of which is attached.

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

Ms. Christina Maltais, 20800 Main Street, Caledon, Ontario, L7K 1P9, attended the meeting. Ms. Maltais stated the dug well on the severed lot is not being used and they would have it plugged in accordance with the appropriate regulations.

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

Resolution Number: CA-04-08/01/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/81/06/ML, (Maltais), 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 sewage systems serving the severed and retained lots be replaced with an approved onsite sewage system.

3. The water well be abandoned and plugged in accordance with Regulation 903, Ontario’s Well Regulation.

4. That the subject lands be brought into conformity with the Zoning By-law be means of an exemption with respect to road frontage on both the severed and retained lots and an exemption for lot area on the retained lot.

5. That a satisfactory fisheries assessment in front of the retained lot and appropriate planning approvals to implement any recommendations be obtained.

Minutes – Committee of Adjustment – January 8, 2007, Page #2 Minutes – Committee of Adjustment – January 8, 2007

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

Carried. b. B/82/06/ML, Nevin, Part of Tondern Island, Lake Muskoka, Parts 8 and 9, Plan 35R- 3100, (Monck), 9-15-056-08.

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

Notice of the Hearing was circulated 21 days prior.

Submissions were received as follows:

Mr. William Grimmett, 61 Joseph Street, P.O. Box 365, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the application. Mr. Grimmett stated this is a technical severance. The properties were inadvertently merged.

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

Resolution Number: CA-05-08/01/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/82/06/ML, (Nevin), 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 system(s) be corrected to the satisfaction of the Township.

3. That the subject lands be brought into conformity with the Zoning By-law be means of an exemption to the minimum lot frontage requirement for both the severed and retained lots.

Minutes – Committee of Adjustment – January 8, 2007, Page #3 Minutes – Committee of Adjustment – January 8, 2007

4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree not to utilize public parking and docking facilities as the principal means of access to the subject property. This Agreement is to be registered on title.

5. Mainland access be confirmed.

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

Carried. c. B/83/84/06/ML, Diamond View (Muskoka) Inc., Diamond’s Edge Muskoka Cottage Owners Association, Part of Lot 25, Concession A, (Watt), 2-23-010.

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

Notice of the Hearing was circulated 21 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department, stating they had no objection to the application subject to conditions. Mr. Pink read the letter, a copy of which is attached.

ii) Two reports from Building Inspector, re: sewage system. Mr. Pink read the reports, copies of which are attached.

Ms. Katherine S. Grossi of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agent for the application. Ms. Grossi stated the first application is for a lot addition to accommodate the septic system. The second application is to grant an easement for the golf driving range. The following restrictions have been placed on the golf driving range, weight limitations to ensure no damage to the septic system, an obligation to maintain the grounds, and a right of entry in order to maintain the septic system.

Mr. Gary Pearson, Pearson Engineering, 20 Weldon Street, Barrie, Ontario, L4M 4J4, attended the meeting as agent for the application. Mr. Pearson stated the septic system encroaches on the abutting property. The Environmental Consultant and the Ministry of the Environment decided to move the lot line to the south. Effluent will travel through the septic system, then the septic bed, the ground and finally to the creek. The creek was instrumental in setting the boundary for the septic system. The effluent area has been approved by the Ministry of the Environment. The golf driving range would only be used during the daytime.

Minutes – Committee of Adjustment – January 8, 2007, Page #4 Minutes – Committee of Adjustment – January 8, 2007

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

Staff noted this application would not have any impact on the by-law or increase development rights on the other property on the north side of the road. Staff had no concerns for accessory structures on the southern lot.

Resolution Number: CA-06-08/01/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/83/06/ML, (Diamond View (Muskoka) Inc., Diamond’s Edge Muskoka Cottage Owners Association), provided the following conditions are fulfilled:

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

2. That the severed lot is rezoned to Waterfront Commercial (WC1B).

3. That the resultant lot and associated property located in front of Nutt Lake be recognized as one lot for planning purposes.

4. That appropriate sections of By-laws 99-112 and 2006-36 be repealed.

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

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

Carried.

Resolution Number: CA-07-08/01/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/84/06/ML, (Diamond View (Muskoka) Inc., Diamond’s Edge Muskoka Cottage Owners Association), provided the following condition is fulfilled:

1. A registerable description (deed) of the severed lot (easement) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

Minutes – Committee of Adjustment – January 8, 2007, Page #5 Minutes – Committee of Adjustment – January 8, 2007

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/85/06/ML, Chen and Merricks, Part of Lot 31, Concession F, Part 1, Plan 35R-21290, (Medora), 4-21-055.

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

Notice of the Hearing was circulated 18 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

iii) Two letters from Norman Harrison, the first letters was in opposition to the application, the second letter was to request Notice of Decision. Mr. Pink read the letters, copies of which are attached.

iv) Letter from David and Sandra Galea in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

v) Letter from Paul and Barbara McNicol in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

vi) Letter from Adrienne and Douglas Mahaffy in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

vii) Letter from Mark and Christina Lawrence in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – January 8, 2007, Page #6 Minutes – Committee of Adjustment – January 8, 2007

Mr. Nicholas Roche, Lee, Roche & Kelly, 6 Dominion Street, P.O. Box 990, Bracebridge, Ontario, P1L 1V2, attended the meeting as agent for the application. Mr. Roche stated he only became aware of the letters of concern at this meeting. He noted the District Municipality of Muskoka had no objection to the application. Studies have not yet been completed for the site evaluation, fisheries and fish habitat studies. Mr. Roche requested the application be deferred in order to complete the studies.

Mr. Robert Thaler, O.L.S., 8a Ontario Street, Bracebridge, Ontario P1L 2A7, attended the meeting. Mr. Thaler stated he had conducted a site visit. The property contains suitable locations for the proposed dwelling and septic system that will meet setback requirements. The property slopes towards the creek.

No one attended in support of the application.

Mr. Randy French, French Planning Services Inc., Suite 4, 6 Dominion Street, Bracebridge, Ontario, P1L 2A6, attended the meeting on behalf of a number of ratepayers (Lawrence, Harrison, Mahaffy, McNicol and Galea) in opposition to the application. Mr. French gave a presentation, a copy of which is attached. He requested a copy of the staff report, any reports prepared by others, and any new information that may come forward.

Mr. Norm Harrison, 22 Prospect Avenue, Guelph, Ontario, N1E 4W6, attended the meeting in opposition to the application. Mr. Harrison elaborated on his letter. A severance application would imply the property is a marketable building lot. He had concerns that this application would set a precedent for filling and dredging. He requested Committee not approve this application.

Mr. Mark Lawrence, 10 York Ridge Road, Toronto, Ontario, M2P 1R7, attended the meeting in opposition to the application. Mr. Lawrence circulated photographs to Committee, copies of which are attached. He was concerned that if the front property line is reduced, and a two storey boathouse is allowed to remain on the retained lot, it would set a precedent. He also had concerns with the shallow water, and the impact to the view. He concurred with other concerns raised. Mr. Lawrence requested Notice of Decision.

Ms. Adrienne Mahaffy, 20 Whitney Avenue, Toronto, Ontario, M4W 2A8, attended the meeting in opposition to the application. Ms. Mahaffy concurred with others in opposition. She requested Notice of Decision.

Mr. Paul McNicol, 1336 Falgarwood Drive, Oakville, Ontario, L6H 2L9, attended the meeting in opposition to the application. Mr. McNicol concurred with others in opposition.

Mr. Roche stated the existing boathouse is approximately 45 feet from the side lot line and complies with the by-law. Based on staff’s recommendation, Mr. Roche requested the application be adjourned until they have completed the fish habitat study and site evaluation to address concerns.

Mr. Roche will recommend to the applicant adjusting the side lot line and restricting shoreline development to address concerns. He will also discuss the clearing of the Original Road Allowance for access and the encroachment of the septic system with the applicant.

Minutes – Committee of Adjustment – January 8, 2007, Page #7 Minutes – Committee of Adjustment – January 8, 2007

Staff noted dredging falls under the jurisdiction of the Ministry of Natural Resources in conjunction with the Department of Fisheries and Oceans.

Committee determined the proposed severed lot is not suitable for waterfront development. Committee had concerns with the environment, building locations, and the proposed result of an existing two storey boathouse on a lot with less than 300 feet of frontage. Committee noted a large number of neighbours were in opposition to the application.

Resolution Number: CA-08-08/01/2007

Member Mallin – Member Pryke: Be it resolved that Consent Application B/85/06/ML, (Chen and Merricks) be adjourned for the following:

1. The submission of a satisfactory site evaluation report to identify suitable building envelopes on the Severed lot in compliance with the Zoning By-law, away from low lying wet areas, and that do not require blasting. This report should also identify mitigation measures to protect erosion of the stream banks.

2. The submission of a satisfactory fisheries assessment to demonstrate that there will be no negative impacts on the significant fish habitat located in front of the Severed lot.

3. Appropriate development limitations be imposed based on the recommendations of the above noted reports.

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.

Defeated.

Resolution Number: CA-16-08/01/2007

Member Ellis– Member Edwards: Be it resolved that Consent Application B/85/06/ML, (Chen and Merricks) be denied.

Carried.

REASONS: Due to the concern with the environment, building locations and the existing 2 storey boathouse on the proposed retained lot that does not have 300 feet of frontage, the Committee of Adjustment denied the application.

Minutes – Committee of Adjustment – January 8, 2007, Page #8 Minutes – Committee of Adjustment – January 8, 2007 b. B/86/06/ML, Carter, Part of Lot 11, Concession 10, (Monck), 9-7-043-01.

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

Notice of the Hearing was circulated 18 days prior.

A photograph taken by staff was circulated to Committee, a copy of which is attached.

Submissions were received as follows:

Staff noted the Species At Risk has been identified as the Eastern Hog-nosed Snake. Staff recommended site plan control be imposed as a condition to protect the snake habitat.

Mr. James Carter, 1435 Falkenburg Road, R.R. 6, Bracebridge, Ontario, P1L 1X4, attended the meeting. Mr. Carter stated he has not seen a snake on his property, however, he suspects there are snakes as he saw one approximately five kilometres away.

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

Resolution Number: CA-09-08/01/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/86/06/ML, (Carter), 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 lots, or the entire lands, whichever is less.

3. That a 3 metre (10 foot) road widening across the entire frontage of both the severed and retained lands be dedicated to the District for road widening purposes.

4. The applicant enter into an Agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., 1990, as amended, respecting the location of wells on the property in relation to the Muskoka Road. This agreement is to be registered on title.

5. That the severed lot 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.

Minutes – Committee of Adjustment – January 8, 2007, Page #9 Minutes – Committee of Adjustment – January 8, 2007

Carried. c. B/87/88/06/ML, Judd and Washington, Part of Lots 32-34, Concession 13, Part 1, Plan 35R-8191, (Medora), Part of Lots 33 and 34, Concession 13, Parts 2-5, Plan 35R-8191, 4-16-008, (Medora), 4-16-030.

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

ii) Two reports from Building Inspector, re: sewage system. Mr. Pink read the reports, copies of which are attached.

Mr. Tom Bunker, O.L.S., P.O. Box 1180, Gravenhurst, Ontario P1P 1V4, attended the meeting as agent for the application.

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

Committee had no questions or comments.

Resolution Number: CA-10-08/01/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Applications B/87/88/06/ML, (Judd and Washington), provided the following conditions are fulfilled:

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

2. That the severed lots are rezoned to Waterfront Residential (WR5-7) to recognize steep slopes and deer wintering habitat.

3. That the severed lots be joined in title with the abutting lot.

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

Minutes – Committee of Adjustment – January 8, 2007, Page #10 Minutes – Committee of Adjustment – January 8, 2007

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

Carried.

8. Hearing of Minor Variance Applications

a. A-99/06, Bell, Part of Lot 4, Concession 3, (Wood), 8-3-077.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

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

Chair Hare was of the opinion that surveys should be requested. If a survey had been submitted with the previous application for an exemption to the by-law, this application would not be necessary.

Committee noted there was no opposition from neighbours.

Resolution Number: CA-11-08/01/2007

Member Mallin – Member Pryke: Be it resolved that Application A-99/06, Bell, to allow the dwelling to be three feet from the side lot line and the deck to be five feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – January 8, 2007, Page #11 Minutes – Committee of Adjustment – January 8, 2007 b. A-100/06, Chevalier, Part of Lot 18, Concession B, Lot 10, Plan M-691, (Bala), 7-14-052- 03.

Mr. Pink explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior.

No submissions were received.

Ms. Angela Ghikadis, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the application and on behalf of the purchasers John Sproat and Janet Pounder. Ms. Ghikadis circulated a photograph to Committee, a copy of which is attached. Mr. Tom Bunker, O.L.S., provided a detailed contour elevation survey depicting the topographical constraints. The proposed location would not require any blasting and would have the least impact to privacy and noise pollution. Built form will not dominate the shoreline and the character of the area will be maintained. Only a small portion of the dwelling will encroach within 50 feet of the shoreline. They do not intend to construct a sundeck closer than 50 feet from the shoreline. The property is adjacent to a Town Park and will have minimal impact to the neighbours. Access will be gained through Lot 10 due to the angle of the rock ridge that is steeper at the shoreline. The proposal is in keeping with the intent of the Official Plan. The applicants are agreeable to making the property subject to site plan control.

Mr. John Sproat, 160 Humbervale Boulevard, Toronto, Ontario, M8Y 3P8, attended the meeting. Mr. Sproat stated the proposed dwelling will be further away from the shoreline than other dwellings on the island and is compatible with the surrounding area. The property has greater frontage than the lots to the south. There will be less visual impact due to the existing vegetation.

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

Committee imposed site plan control to ensure the retention of the existing vegetation and to identify an appropriate location for an access path for construction materials.

Resolution Number: CA-12-08/01/2007

Member Pryke – Member Mallin: Be it resolved that Application A-100/06, Chevalier, to allow for the construction of a dwelling 45 feet (at the closest point) from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved subject to site plan control.

Carried.

CONDITION: That the lot be made subject to site plan control.

Minutes – Committee of Adjustment – January 8, 2007, Page #12 Minutes – Committee of Adjustment – January 8, 2007

c. A-101/06, Muskoka Lakes Golf and Country Club, Part of Lots 24 and 25, Concession 6, Parts 1, 3 and 5, Plan 35R-6498, Parts 1, 3 and 4, Plan 35R-4959, (Port Carling), 5-4- 083.

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

Notice of the Hearing was circulated 17 days prior.

No submissions were received.

Mr. Bill Wight, General Manager, Muskoka Lakes Golf and Country Club, P.O. Box 280, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the application.

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

Committee circulated photographs of the tennis court, taken at night depicting the lighting, copies of which are attached. Committee requested the spotlights be removed and replaced with dark sky compliant lighting.

Mr. Wight stated he is aware of the situation. No additional lighting is planned. They are in the process of budgeting for dark sky lighting. Mr. Fahner stated dark sky lighting would be dealt with at the site plan stage.

Resolution Number: CA-13-08/01/2007

Member Mallin – Member Pryke: Be it resolved that Application A-101/06, Muskoka Lakes Golf and Country Club, to allow for the construction of tennis courts 25 feet from the front lot line (Shamrock Road), as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Colin Macdonald in support of the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from six neighbours, (signatures are not legible), in support of the application. Mr. Pink read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – January 8, 2007, Page #13 Minutes – Committee of Adjustment – January 8, 2007

Mr. Terry Martino, Gren Weis Architect & Associates, 341 Kerr Street, Suite 210, Oakville, Ontario, L6K 3B7, attended the meeting as agent for the application. Mr. Martino presented photographs and sketches to Committee. He stated his client intends to reconstruct the existing boathouse that is in disrepair. A building permit has been issued but no work has taken place. The side yard setback for the dock and boathouse pre-exist the by-law. The second storey will be replaced with dormers. By bringing down the eaves, the proposed boathouse will have the appearance of a storey and a half and will reduce the visual impact from the shoreline. The front balcony is modest in size. The front balcony will be used only for a chair and will not be used for excessive entertaining purposes. They have discussed the proposal with their neighbours who are in support. Mr. George Beatty, abutting owner to the west, (one of the six neighbours), had no concerns. Mr. Martino felt the application was minor in nature due to existing conditions. The additional cumulative width is caused by the stairs accessing the second storey of the boathouse.

Ms. Kathleen Gorrie, 55 Teddington Park Avenue, Toronto, Ontario, M4N 2C5, attended the meeting. Ms. Gorrie stated the Beatty’s property and boathouse face up the lake. The Beatty’s boathouse is used primarily to store boats. Ms. Gorrie’s existing boathouse was built by her grandfather and was an imposing large structure. She requested the architect design the boathouse to be more architecturally pleasing. The front balcony will soften the appearance and will only accommodate a chair. They have another dock for swimming purposes. There will be no exterior lighting on the boathouse.

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

Committee was not concerned with the front balcony due to its small size.

Resolution Number: CA-14-08/01/2007

Member Pryke – Member Mallin: Be it resolved that Application A-102/06, Gorrie, to allow for the reconstruction of a two storey boathouse which the “front” balcony is to be nine feet and a “side” balcony 27 feet from the side lot line and its projection thereof, and to allow a total cumulative width of docks and boathouse to be 96 feet in width, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

Minutes – Committee of Adjustment – January 8, 2007, Page #14 Minutes – Committee of Adjustment – January 8, 2007

10. Unfinished Business

a. B/64/06/ML, Austin, Part of Lots 17 and 18, Concession 12, (Monck), 9-12-027. Please refer to the Committee of Adjustment minutes and Planning Council minutes dated November 8, 2006.

The purpose and effect of this application was presented as Item 5.c. of the Committee of Adjustment Hearing of November 8, 2006. Mr. Pink reviewed the history, nature, and location of the application/property. The Township Solicitor has indicated this application could be regarded as a technical severance to recreate the original lot line between Lots 17 and 18.

Mr. Ronald Austin, Unit 6, 15 Golf Course Road, Bracebridge, Ontario, P1L 1M7, attended the meeting. Mr. Austin was agreeable to the District Municipality of Muskoka’s requirement to widen the road.

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

Resolution Number: CA-15-08/01/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Applications B/64/06/ML, (Austin), 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 lots, or the entire lands, whichever is less.

3. That a 3 metre (10 foot) road widening across the entire frontage of both the severed and retained lands be dedicated to the District for road widening purposes.

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

Carried.

Minutes – Committee of Adjustment – January 8, 2007, Page #15 Minutes – Committee of Adjustment – January 8, 2007

11. Information Items

None.

12. New Business

None. 13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-17-08/01/2007

Member Edwards – Member Ellis: Be it resolved that the meeting adjourn at 12:00 p.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – January 8, 2007, Page #16 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, January 29, 2007, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT:

Members Present: Officials Present:

1. Call to Order

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

2. Adoption of Agenda

a. Resolution Number: CA-01-29/01/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting agenda dated January 29, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated January 8, 2007, is attached.

Resolution Number: CA-02-29/01/2007

Member Pryke – Member Mallin: Be it resolved that the minutes dated January 8, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

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

a. B/90/06/ML, Diamonds Edge Muskoka Cottage Owners Association, Part of Lot 26, Concession A, Parts 2, 6 and 9, Plan 35R-21338, (Watt), 2-23-011.

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

Minutes – Committee of Adjustment – January 29, 2007, Page #1 Minutes – Committee of Adjustment – January 29, 2007

Notice of the Hearing was circulated 20 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department, stating they would not recommend approval of the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Lynda Lynn and Ron Goltz in opposition to the application. Mr. Pink read the letter, a copy of which is attached. iii) Letter from Sharon and Larry Fennell in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Patrick A. Anderson and Ms. Katherine Grossi of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agents for the application. Mr. Anderson noted Mr. Gary Pearson, Pearson Engineering, was also in attendance. Sketches depicting all of the lands for the three separate applications were displayed for Committee.

Mr. Anderson stated the two existing dwellings (White Cottage and Stone House) were not included with the application for the commercial development of the 15 fractional ownership units. Both dwellings have independent driveways for access and function separately. No amenities (water and septic systems) will be shared with the commercial development. The topography of the property creates a natural boundary for the severance. The commercial development has been maximized. No new development is planned. The previous application to sever the Stone House was withdrawn until the commercial development was established. The severance will have no impact on the commercial use.

Mr. Anderson stated the two dwellings are unlike the commercial development and are not suited to remain with the commercial development. The owners of the 15 units will share the cost of development. They do not wish to include the cost of maintaining the two dwellings, and associated water and septic systems with the 15 units.

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

Committee determined the proposal would increase the density on the property. Downzoning a commercial property does not comply with the Official Plan. Committee noted they have turned down similar applications.

Resolution Number: CA-03-29/01/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/90/06/ML, (Diamonds Edge Muskoka Cottage Owners Association), provided the following conditions are fulfilled:

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

Minutes – Committee of Adjustment – January 29, 2007, Page #2 Minutes – Committee of Adjustment – January 29, 2007

3. That the severed lot is rezoned to Waterfront Residential (WR1).

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.

Defeated. b. B/91/06/ML, Diamonds Edge Muskoka Cottage Owners Association, Part of Lot 26, Concession A, Parts 7 and 10, Plan 35R-21338, (Watt), 2-23-011.

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

Notice of the Hearing was circulated 20 days prior.

Submissions were received as follows:

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

iii) Letter from Sharon and Larry Fennel in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Patrick A. Anderson and Ms. Katherine Grossi of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agents for the application. Mr. Anderson stated Mr. Pilling’s dwelling is located in the middle of the road allowance that is currently owned by Diamonds Edge Muskoka Cottage Owners Association. Mr. Pilling was approached to purchase additional land. Mr. Pilling requested the property be “squared up”.

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

Committee determined the application would correct the encroachment of the dwelling.

Minutes – Committee of Adjustment – January 29, 2007, Page #3 Minutes – Committee of Adjustment – January 29, 2007

Resolution Number: CA-04-29/01/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/91/06/ML, (Diamonds Edge Muskoka Cottage Owners Association), provided the following conditions are fulfilled:

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

2. That the severed lot is rezoned to Rural Residential (RuR-S).

3. That the severerd lot be joined in title with the abutting lot.

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

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

Carried. c. B/92/06/ML, Diamonds Edge Muskoka Cottage Owners Association, Part of Lot 26, Concession A, Part 3, Plan 35R-21338, (Watt), 2-23-011.

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

Notice of the Hearing was circulated 20 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

iii) Letter from Lynda Lynn and Ron Goltz in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – January 29, 2007, Page #4 Minutes – Committee of Adjustment – January 29, 2007 iv) Letter from Sharon and Larry Fennel in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Patrick A. Anderson of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agent for the application. Mr. Anderson stated the previous applications to sever and rezone this property were withdrawn until the commercial development was established. The Stone House faces the golf course. The driveway and parking areas for the 15 fractional ownership units are located behind the Stone House. The property contains a septic system. The water supply is provided by the golf course. Mr. Anderson felt sharing the water supply was not undesirable planning. The property has an independent driveway for access and functions separately from the commercial use. The proposed use is compatible with the surrounding area. The loss of lot area to the commercial development is minimal. The commercial development has been maximized. No new development is planned. Severing the Stone House would not have an adverse effect on the commercial use.

Mr. Anderson stated the dwelling is unlike the commercial development and is not suited to remain with the commercial development. The owners of the 15 units will share the cost of development. They do not wish to include the cost of maintaining the dwelling and associated water and septic system with the 15 units.

Mr. Gary Pearson, Pearson Engineering, Unit 301, 89 Dunlop Street East, Barrie, Ontario, L4M 1A7, attended the meeting. Mr. Pearson stated the water supply and treatment facilities were based on 15 units. The White Cottage and Stone House were not included with the calculations. The dwellings have independent water and sewer systems.

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

Committee supported staff’s comments and recommendation. Downzoning a commercial property does not comply with the Official Plan. The Stone House was the sales office with the previous application. Committee determined it was inappropriate to have a residential use in an area of commercial development.

Resolution Number: CA-05-29/01/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/92/06/ML, (Diamonds Edge Muskoka Cottage Owners Association), provided the following conditions are fulfilled:

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

2. That the severed lot is rezoned to Rural Residential (RuR).

3. That the severed lot be brought into conformity with the Zoning By-law by means of an exemption to the minimum lot frontage and area requirements.

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

Minutes – Committee of Adjustment – January 29, 2007, Page #5 Minutes – Committee of Adjustment – January 29, 2007

Defeated.

7. Hearing of Consent Applications

a. B/89/06/ML, Nelson, in Trust, Part of Lot 16, Concession 1, Parts 1-6, Part 10, Plan 35R- 7444, (Wood), 8-2-030.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

ii) Letter from Stephen Thiermann in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Tom Bunker, O.L.S., P.O. Box 1180, Gravenhurst, Ontario, P1P 1V4, attended the meeting as agent for the application. Mr. Bunker stated a previous consent application, which approved two lots with less than 300 feet of frontage had lapsed. His client has requested a change in the configuration of the lots as the property has the potential to create two lots with 300 feet of frontage. A Fish Habitat Study has been completed and identified fish habitat on the westerly side of the property. With regard to concerns raised by the District Municipality of Muskoka, Mr. Bunker noted the property has already been rezoned to Open Space (OS2).

No one attended in support of the application.

Mr. Jason Hunter, Unit 4, 1466 Barlochan Road, Gravenhurst, Ontario, P1P 1R2, attended the meeting on behalf of his family in opposition to the application. Mr. Hunter stated he is the neighbouring property owner to the west. There are three dwellings along the shoreline in the small bay and there is no room for another boathouse. He had concerns with safety and boat traffic.

Committee had concerns with the visual impact of a two-storey boathouse and impacts to the fish habitat in the small bay. Committee determined the previous consent application’s lot configuration would prevent the construction of a two-storey boathouse and was better suited for this property.

Minutes – Committee of Adjustment – January 29, 2007, Page #6 Minutes – Committee of Adjustment – January 29, 2007

Resolution Number: CA-06-29/01/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/89/06/ML, (Nelson, in Trust), provided the following conditions are fulfilled:

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

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

4. The lot configuration be amended to that approved in B/91/99/ML.

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

Carried. b. B/01/07/ML, Rockwood Island Holdings Inc., Part of Lot 18, Concession 2, Parts 19-22, Plan 35R-14228, (Wood), 8-5-082-02.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

ii) Letter from Mr. David Sylvester, President, Rockwood Island Holdings Inc. Mr. Pink read the letter, a copy of which is attached.

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

Minutes – Committee of Adjustment – January 29, 2007, Page #7 Minutes – Committee of Adjustment – January 29, 2007

Committee had no comments.

Resolution Number: CA-07-29/01/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/01/07/ML, (Rockwood Island Holdings Inc.) provided the following conditions are fulfilled:

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

3. That the severed lot be joined in title with the abutting 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.

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

Carried.

8. Hearing of Minor Variance Applications

a. A-103/06, Wyatt and Haag, Part of Lot 15, Concession 1, Parts 2-4, Plan 35R-8082, (Wood), 8-2-010.

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

Notice of the Hearing was circulated 13 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. John Haag, 36 Mason Boulevard, North York, Ontario, M5M 3C7, attended the meeting.

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

Minutes – Committee of Adjustment – January 29, 2007, Page #8 Minutes – Committee of Adjustment – January 29, 2007

Resolution Number: CA-08-29/01/2007

Member Ellis – Member Edwards: Be it resolved that Application A-103/06, Wyatt/Haag, to allow for the construction of a sleeping cabin with covered porches 60 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 that only a small portion of the sleeping cabin encroaches into the front yard, the sleeping cabin has been moved further from the lake from what was proposed in the original application, and the deck complies with the by-law.

Carried. b. A-104/06, Martin, Part of Lot 33, Concession 4, Parts 1 and 2, Plan 35R-10501, (Port Carling), 5-6-004.

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

Notice of the Hearing was circulated 13 days prior.

Photographs taken by staff and the applicant were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. Charles W. Hall, R.R. 2, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the application.

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

Resolution Number: CA-09-29/01/2007

Member Ellis – Member Edwards: Be it resolved that Application A-104/06, Martin, to allow for the construction of an addition (screened porch) to the existing dwelling 27 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – January 29, 2007, Page #9 Minutes – Committee of Adjustment – January 29, 2007 c. A-105/06, Black, Part of Lot 25, Concession 5, Part 6, Plan 35R-5377, Parts 1 and 2, Plan 35R-6076, Part 1, Plan 35R-7868, (Watt), 2-9-100.

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

Notice of the Hearing was circulated 13 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from David Falkanger, Agent, requesting the application be adjourned in order to make adjustments to the proposed structure. Mr. Pink read the letter, a copy of which is attached.

Mr. David Falkanger, KSC Design & Drafting Services, Unit 2, 1005 Strathdee Road, R.R. # 2, Utterson, Ontario, P0B 1M0, attended the meeting as agent for the application. Mr. Falkanger requested the application be adjourned. His client wishes to widen the dock. The cumulative width of the widened dock will still be under 25%. The south side lot line projection runs parallel to the high water mark. Mr. Falkanger believed the previous owners had made a small land transaction with the neighbour to the south which granted a land addition of 13 feet at the shoreline. Had the land exchange not occurred the boathouse would be in compliance with the by-law.

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

Committee agreed to adjourn this application. d. A-01/07, Weisz, Part of Lot 27, Concession 5, Part 2, Plan 35R-16546, Part 1, Plan 35R- 17366, Part 1, Plan 35R-18196, (Watt), 2-9-091-02.

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

Notice of the Hearing was circulated 13 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Shelley and Rick Lancaster in support of the application. Mr. Pink read the letter, a copy of which is attached.

Staff noted a correction to the staff report, the previously approved design did contain a sundeck.

Ms. Angela Ghikadis, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the application. Ms. Ghikadis circulated photographs to Committee, copies of which are attached. Her client had met with the neighbour (Mr. Lancaster) in order to address concerns. The neighbour is in support of the application. There are only two, two-storey boathouses along the shoreline in the area. There is potential for only one more two-storey boathouse in the area, however, it would be located around the point and would not be visible. The neighbouring boathouse is located approximately 130 feet away. There will be minimal impacts to noise and overcrowding to the shoreline. The proposed boathouse will be tucked in the

Minutes – Committee of Adjustment – January 29, 2007, Page #10 Minutes – Committee of Adjustment – January 29, 2007

bay and constructed on existing docks. The proposed boathouse will act as a buffer from the neighbour and direct shoreline activity towards her client’s dwelling.

Mr. Steven Weisz, son, 50 Shaftesbury Avenue, Toronto, Ontario, M4T 1A2, attended the meeting. Mr. Weisz stated the purpose of the large sundeck was for entertaining. They wished to be good neighbours and were willing to change the design if required.

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

Committee determined if the sundeck were reduced, the length of the boathouse would also be reduced and the applicant could loose the ability to dock a boat. The small size of the sleeping cabin above the boathouse makes the sundeck proportionally larger. The neighbour is in support of the application.

Resolution Number: CA-10-29/01/2007

Member Ellis – Member Edwards: Be it resolved that Application A-01/07, Weisz, to allow for the construction of a boathouse with the second storey and the portion capable of being used as a sundeck is 18 feet from the side lot line and its projection thereof, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Carried. e. A-02/07, Boardman, Part of Lot 11, Concessions 7 and 8, Parts 2 and 3, Plan 35R- 19465, (Medora), 4-2-032.

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

Notice of the Hearing was circulated 13 days prior.

No submissions were received.

Mr. Roger Chamberlain, P.O. Box 72, Windermere, Ontario, P0B 1P0, attended the meeting as agent for the application. Mr. Chamberlain stated his client wishes to have storage for his boat. The garage has been designed to match the existing one and half storey dwelling. The dormers will match the timber frame construction of the Muskoka room attached to the dwelling. His client wishes to have a workshop on the second storey of the garage. The extra four feet would provide extra height and would be more pleasing. The garage is over 275 feet from the lake and is not visible to the neighbours.

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

Minutes – Committee of Adjustment – January 29, 2007, Page #11 Minutes – Committee of Adjustment – January 29, 2007

Committee stated a workshop is considered habitable space. The garage can be designed to be aesthetically pleasing and in compliance with the by-law.

Resolution Number: CA-11-29/01/2007

Member Ellis – Member Edwards: Be it resolved that Application A-02/07, Boardman, to allow for the construction of a two storey garage (storage barn) that is to be 24 feet in height, as shown on the plan attached the to the Notice of Decision, is hereby approved.

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 proposed structure can comply with the requirements of the by-law and it appeared the second floor is to be used as habitable space and there a sleeping cabin existing on the property.

9. Correspondence

a. Refund of Application Fees, B/50/51/06/ML, Hermant, Part of Lot 21, Concession F, (Medora), 6-22-022.

Committee did not want to set a precedent by allowing a refund of an application which had gone to a Hearing.

Resolution Number: CA-12-29/01/2007

Member Ellis – Member Edwards: Be it resolved that no fees be refunded for Applications B/50/51/06/ML, Hermant, 6-22-022.

Carried.

10. Unfinished Business

None.

11. Information Items

a. Ontario Municipal Board Decision, 1099756 Ontario Inc., (Troy Cove Marina), Part of Lot 4, Concession 12, (Watt), 2-18-065. A verbal report was presented.

Mr. Fahner stated the Ontario Municipal Board has rendered its decision on the appeal. Committee had denied the application, however, staff were in favour of the application. Margaret Walton had been retained to represent the municipality and the Township was successful.

12. New Business

Councillors requested a copy of the entire Committee of Adjustment agenda package. Committee agreed to have a copy made available to Councillors in their office on the same day it becomes available to the public.

Minutes – Committee of Adjustment – January 29, 2007, Page #12 Minutes – Committee of Adjustment – January 29, 2007

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-13-29/01/2007

Member Mallin – Member Pryke: Be it resolved that the meeting adjourn at 11:35 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – January 29, 2007, Page #13 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, February 19, 2007, 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 - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator F. Hampel - 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-01-19/02/2007

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated February 19, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated January 29, 2007, is attached.

Resolution Number: CA-02-19/02/2007

Member Edwards – Member Ellis: Be it resolved that the minutes dated January 29, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

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

None.

7. Hearing of Consent Applications

a. B/02/03/04/07/ML, Moore, Part of North Bohemia Island, Lake Rosseau, Part 1, Plan 35R-3820, Part 1, Plan RD-2003, (Medora), 4-26-082-01, 4-26-079-01.

Minutes – Committee of Adjustment – February 19, 2007, Page #1 Minutes – Committee of Adjustment – February 19, 2007

Mr. Pink 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, stating they had no objection to the application subject to conditions. Mr. Pink read the letter, a copy of which is attached. ii) Two reports from Building Inspector, re: sewage systems. Mr. Pink read the reports, copies of which are attached.

Ms. Angela Ghikadis, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the application. Ms. Ghikadis circulated photographs and sketches to Committee, copies of which are attached. Her client discovered the northerly lot and the middle lot had merged. Her client did not intend to have the properties merge. The purpose of the first application is to re-separate the property into two properties. The lot lines have been adjusted to address existing development and the projection of the southerly side lot line. The purpose of the second application is for a lot addition, which will provide greater flexibility and optimize building locations. There have been no changes to the existing habitable buildings. This large property has the potential of being severed into five lots. This proposal represents less than what could be constructed. Her client is willing to convert the two dwellings, noted in the staff report, into sleeping cabins.

Mr. King Thomas Moore, 1325 Amber Crescent, Oakville, Ontario, L6J 2N9, attended the meeting.

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

Resolution Number: CA-03-19/02/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Application B/02/07/ML, (Moore), provided the following conditions are fulfilled:

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

2. The applicant enter into an Agreement with the Township of Muskoka Lakes pursuant to Section 51(26) of the Planning Act, R.S.O., 1990, as amended, wherein the applicants agree not to use public parking and docking facilities a the principal means of access to the subject property. This Agreement is to be registered on title.

3. That mainland access be confirmed.

4. That the most southerly dwelling on the severed lot be converted to a sleeping cabin, storage, or removed from the property.

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

Minutes – Committee of Adjustment – February 19, 2007, Page #2 Minutes – Committee of Adjustment – February 19, 2007

Carried.

Resolution Number: CA-04-19/02/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Application B/03/07/ML, (Moore) 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 severed lot is to be joined in title to the abutting property.

3. That the previous consent (B/72/99/ML) be broken and is to be identified as B/04/07/ML.

4. That the most southerly dwelling on the retained lot be converted to a sleeping cabin, storage, or removed from the property.

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

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

Carried. b. B/05/07/ML, Brewster, Part of Lot 11, Concession 7, Part 2, Plan 35R-7566, (Monck), 9- 1-030-03.

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

Notice of the Hearing was circulated 19 days prior.

Minutes – Committee of Adjustment – February 19, 2007, Page #3 Minutes – Committee of Adjustment – February 19, 2007

Submissions were received as follows:

Mr. Steven Meeks, 1039 Baldwin Road, R.R. # 1, Bracebridge, Ontario, P1L 1W8, attended the meeting as agent for the application.

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

Resolution Number: CA-05-19/02/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Applications B/05/07/ML, (Brewster), 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 lots, 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.

8. Hearing of Minor Variance Applications

a. A-105/06 - Amended, Black, Part of Lot 25, Concession 5, Part 6, 35R-5377, Parts 1 and 2, Plan 35R-6076, Part 1, Plan 35R-7868, (Watt), 2-9-100.

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

Notice of the Hearing was circulated 17 days prior.

No submissions were received.

Staff noted, since the last meeting, it has been discovered that the drawings did not accurately reflect the side lot line at the water’s edge. Therefore, the minor variance application is no longer required and has been withdrawn.

Minutes – Committee of Adjustment – February 19, 2007, Page #4 Minutes – Committee of Adjustment – February 19, 2007

Mr. David Falkanger, KSC Design & Drafting Services, Unit 2, 1005 Strathdee Road, R.R. # 2, Utterson, Ontario, P0B 1M0, attended the meeting as agent for the application. Mr. Falkanger stated Mr. Robert Thaler, OLS, had been retained to prepare a survey of the property. It was discovered that his client owned an additional small sliver of property at the water’s edge. Mr. Falkanger apologized to Committee for this error. Since the application was withdrawn and not required, he requested a reduction in the fees.

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

Committee determined the application had gone through the process and that there was no justification for a refund.

This application was withdrawn. b. A-03/07, Tilson, Part of Lot 15, Concession 7, Part 2, Plan 35R-20524, (Medora), 4-10- 078-10.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Ms. Kelly Gammon, Cutting Bros. Inc., 3680 Muskoka Road 118, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the application. Ms. Gammon stated they are the third contractor on this construction site. Due to a combination of errors, the dwelling ended up being too high. There will be minimal impact to the waterfront and neighbours. The dwelling is well setback from the waterfront.

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

Committee suggested dark sky compliant lighting and appropriate colours be used on the dwelling to make it less visible.

Resolution Number: CA-06-19/02/2007

Member Ellis – Member Edwards: Be it resolved that Application A-03/07, Tilson, to allow for the construction of a dwelling that is 38 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – February 19, 2007, Page #5 Minutes – Committee of Adjustment – February 19, 2007 c. A-04/07, Bras, Part of Lot 35, Concession 12, Lot 70, Plan 32, (Medora), 4-17-080.

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

Notice of the Hearing was circulated 11 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Shirley and Paul Filiatrault in support of the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Joan Wilson requesting Notice of Decision. Mr. Pink read the letter, a copy of which is attached.

Mr. Gary Ford, R.R. # 6, Bracebridge, Ontario, P1L 1X4, attended the meeting as agent for the application. Mr. Ford stated the existing decks are in disrepair. His clients wish to place a Duradeck membrane on the upper deck and screen in the lower deck. The decks will not be enlarged. The screened porch would be used as a seasonal room.

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

Committee determined the property was already over permitted lot coverage requirements. A screened porch is considered a habitable room. Covering the upper deck with Duradeck would increase the lot coverage to 16%. Committee did not want to set a precedent.

Resolution Number: CA-07-19/02/2007

Member Ellis – Member Edwards: Be it resolved that Application A-04/07, Bras, to allow for the construction of an addition (screened porch) on the lower level of the existing deck and cover the upper level of the existing deck with duradeck which will result in a lot coverage of 16%, as shown on the plan attached the Notice of Decision, is hereby approved.

Defeated.

REASONS FOR DECISION: It is the opinion of the Committee that this application is not minor in nature, does not maintain the intent of Comprehensive Zoning By-law 87-87, as amended, and does not maintain the intent of the Official Plan. The Committee noted that the increase in lot coverage far exceeds what is permitted and is an increase in habitable space. d. A-06/07, Thompson, Part of Lot 23, Concession 11, Parts 1 and 2, Plan 35R-19073, (Watt), 2-25-066.

Mr. Pink 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 the application.

Minutes – Committee of Adjustment – February 19, 2007, Page #6 Minutes – Committee of Adjustment – February 19, 2007

Mr. Greg Corbett, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting on behalf of the adjacent neighbour, Jonas Prince, in opposition to the application. Mr. Corbett stated his client had concerns with the additional height and the possibility of another sleeping cabin. Mr. Corbett requested Notice of Decision.

Committee noted that an additional sleeping cabin is not permitted.

Resolution Number: CA-08-19/02/2007

Member Ellis – Member Edwards: Be it resolved that Application A-06/07, Thompson, to allow for the reconstruction of a roof on an existing boathouse which will increase the volume and height of the boathouse and where there is more than one sleeping cabin on a lot, as shown on the plan attached the Notice of Decision, is hereby approved.

Carried.

Mr. Pink 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 Paul Irvine in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Wendy Spence in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

iii) Letter from Lynn Randall-Foster noting concerns regarding the maintenance of the private road. Mr. Pink read the letter, a copy of which is attached.

iv) E-mail from Lynn Randall-Foster noting concerns regarding notification to a new landowner in the area. Mr. Pink read the email, a copy of which is attached.

v) Letter from A. James Fish in support of the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Greg Corbett, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the application. Mr. Corbett circulated a document containing photographs and sketches to Committee, a copy of which is attached. The property is located at the end of a peninsula. The property contains a dwelling, a small garage, and a dock. The dwelling is well buffered from the waterfront. The remainder of the shoreline has been retained in its natural state. Built form will not dominate the shoreline. A rock outcropping located on the right side of the property is the proposed

Minutes – Committee of Adjustment – February 19, 2007, Page #7 Minutes – Committee of Adjustment – February 19, 2007 location for the boathouse. The boathouse has been designed to comply with all requirements of the zoning by-law for a lot with 300 feet of frontage. The property contains approximately 292.5 feet of straight-line frontage; the actual frontage is greater than 300 feet. The boathouse will be well setback from both side lot lines. The cumulative width of shoreline structures will comply with the by-law. The location of the boathouse will have no visual impact on the neighbours. The proposed boathouse is in keeping with the character of the area. The adjacent property contains a two-storey boathouse with less frontage. The steep terrain and tree cover limit the building envelopes. Mr. Corbett felt the application was minor in nature, met the intent of the zoning by-law and Official Plan, and was desirable development for the property.

Mr. Matthew Schnurr, 353 Red Osier Road, Waterloo, Ontario, M2V 2V8, attended the meeting.

No one attended in support of the application.

Ms. Wendy Spence, 387 Coxe Boulevard, Milton, Ontario, L9T 4P6, attended the meeting with her brother, Mr. Paul Irvine, in opposition to the application. Ms. Spence had concerns with the environment. She requested assurance that the new owner, abutting the property to the east, had been contacted and that they were aware of this application. Staff noted the new owner had been contacted and the owner has responded in support of the application. Ms. Spence requested a copy of the letter.

Mr. Paul Irvine, 853 Surin Court, Newmarket, Ontario, L3Y 8R4, attended the meeting in opposition to the application. Mr. Irvine noted he had submitted a letter, a copy of which was read by Mr. Pink at this meeting. Mr. Irvine had concerns with the visual impact of the proposed boathouse. He felt the proposed boathouse would block his view and the sunset. He also had concern regarding the maintenance of the private road.

Committee noted the issue with the private road was a civil matter.

Committee stated Acton Island is an area of concern because it is starting to look like a large urban area. Committee did not want to set a precedent in this area. Committee determined the applicant has plans to redevelop the entire property. The applicant has the ability to develop the property in compliance with the zoning by-law.

Resolution Number: CA-09-19/02/2007

Member Ellis – Member Edwards: Be it resolved that Application A-07/07, Schnurr, to allow for the construction of a two storey boathouse on a lot that has 292.5 feet of frontage, as shown on the plan attached to the Notice of Decision, is hereby approved.

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 boathouse can comply with the by-law by constructing a one-storey boathouse and by constructing a sleeping cabin on the land.

Minutes – Committee of Adjustment – February 19, 2007, Page #8 Minutes – Committee of Adjustment – February 19, 2007

9. Correspondence

None.

10. Unfinished Business

None.

11. Information Items

None.

12. New Business

a. Draft Reference Plan/Township Road, B/70/06/ML, Roche, Part of Lot 11, Concession 6, (Monck), 9-1-053. A copy of the draft plan is attached.

Mr. Fahner stated when a survey of the property was carried out, it was discovered that a portion of the travelled road is located on the severed lot. In this situation, the portion of the travelled road is to be deeded to the Township.

Resolution Number: CA-10-19/02/2007

Member Ellis – Member Edwards: Be it resolved that that the decision of the Committee of Adjustment dated November 29, 2006, for Application B/70/06/ML, (Roche) is hereby amended:

Condition Number 4 is added:

4. That the portion of the travelled road located on the severed lot be deeded to the Township.

EXPLANATION OF CHANGES: Through recent survey work on the subject land it was found that a portion of the travelled road is located on the severed lot and is identified as Part 2 on the draft reference plan.

Carried.

13. Statistics

None.

Minutes – Committee of Adjustment – February 19, 2007, Page #9 Minutes – Committee of Adjustment – February 19, 2007

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA- -19/02/2007

Member Ellis – Member Edwards: Be it resolved that the meeting adjourn at 10:38 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – February 19, 2007, Page #10 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 12, 2007, 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-01-12/03/2007

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated March 12, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated February 19, 2007, is attached.

Resolution Number: CA-02-12/03/2007

Member Edwards – Member Ellis: Be it resolved that the minutes dated February 19, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

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

None.

Minutes – Committee of Adjustment – March 12, 2007, Page #1 Minutes – Committee of Adjustment – March 12, 2007

7. Hearing of Consent Applications

a. B/06/07/08/07/ML, Kerr, Part of Lot 24, Concession F, Parts 8, 10-12, 14, Plan 35R- 21126 (right-of-way only), (Medora), 6-23-040.

Mr. Pink 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, stating they had no objection to the application as proposed. Mr. Pink read the letter, a copy of which is attached.

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

Ms. Heather Lusk, 61 Joseph Street, P.O. Box 365, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the applicant. The purpose of this application is to correct the location of the existing travelled right-of-way, which was constructed in the wrong location. The previous right-of-way will be released and abandoned.

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

Committee had no questions or comments.

Resolution Number: CA-03-12/03/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Applications B/06/07/08/07/ML, (Kerr), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

Carried.

Minutes – Committee of Adjustment – March 12, 2007, Page #2 Minutes – Committee of Adjustment – March 12, 2007 b. B/09/07/ML, Carr, Part of Lots 34 and 35, Concession 3, Parts 2 and 3, Plan 35R-17364, (Port Carling), 5-7-047.

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

Notice of the Hearing was circulated 19 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department, recommending the application be deferred subject to conditions. Mr. Pink read the letter, a copy of which is attached.

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

Mr. Brian McElwain, Unit 6, 1210 Ferndale Road, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the applicant. Mr. McElwain stated the property contains sufficient acreage and frontage. His client is willing to adjust the rear lot line, in order to increase the size of the severed lot, and to increase the front yard setback. The property contains a terrace, which would be a good location for a dwelling.

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

Committee imposed conditions in order to address concerns regarding the location of the septic system and physical constraints on the severed lot.

Resolution Number: CA-04-12/03/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/09/07/ML, (Carr), 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. Additional lands be added to the severed lot in order to address the concerns as outlined in the septic inspection report dated March 8, 2007.

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 is rezoned to Waterfront Residential (WR5-7).

5. That an increased front yard setback be imposed on the severed lot through an amendment to the 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.

Minutes – Committee of Adjustment – March 12, 2007, Page #3 Minutes – Committee of Adjustment – March 12, 2007

Carried. c. B/10/11/07/ML, Harding, Part of Lot 39, Concession 7, Lots 71, 76 and 77, Plan M-66, Lot 9, Plan 28, (Bala), 7-2-035, 7-2-034.

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

Notice of the Hearing was circulated 19 days prior.

Submissions were received as follows:

ii) Report from Building Inspector, re: sewage system. Mr. Pink read the report, a copy of which is attached.

Mr. Victor Harding, 1104 Hurling Point Road, P.O. Box 53, Bala, Ontario, P0C 1A0, attended the meeting. Mr. Harding felt this application would be an improvement to both properties and would provide an area for a septic system.

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

Committee had no questions or comments

Resolution Number: CA-05-12/03/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/10/07/ML, (Harding), 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. A deeming by-law be passed to deem Lot 9, Plan M-28 to no longer be a lot on a plan of subdivision.

3. The severed lot be joined in title to the abutting 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.

Minutes – Committee of Adjustment – March 12, 2007, Page #4 Minutes – Committee of Adjustment – March 12, 2007

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

Carried.

Resolution Number: CA-06-12/03/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/11/07/ML, (Harding), 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. A deeming by-law be passed to deem Lots 71, 76 and 77, Plan M-66 to no longer be lots on a plan of subdivision.

3. The severed lot be joined in title to the abutting 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.

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

Carried.

8. Hearing of Minor Variance Applications

a. A-05/07, Harkness, Part of Lot 34, Concession 13, (Medora), 4-16-016.

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

Notice of the Hearing was circulated 17 days prior.

Minutes – Committee of Adjustment – March 12, 2007, Page #5 Minutes – Committee of Adjustment – March 12, 2007

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. John Harkness, 36 Mayfair Crescent, Hamilton, Ontario, L8S 4E7, attended the meeting as agent for the applicant. Mr. Harkness stated a tree had fallen and damaged the roof. He wished to replace the flat roof with a pitched roof.

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

Committee determined although Housekeeping By-law 2006-126 is under appeal, the By-law in the future will permit an increase in volume.

Resolution Number: CA-07-12/03/2007

Member Pryke – Member Mallin: Be it resolved that Application A-05/07, Harkness, to allow for the construction of a new roof line on a non-complying structure that is to increase height and volume, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

b. A-08/07, McDonald, Part of Lot 7, Concession 5, Lot 10, Plan M-262, (Medora), 4-4-073.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from John and Jane Cameron in support of the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Brian McDonald, 337 Dalewood Drive, Oakville, Ontario, L6J 4P4, attended the meeting. Mr. McDonald stated they wished to demolish the existing dwelling and construct a new dwelling with an increased side yard setback.

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

Committee determined the additional lot coverage requested was for non-habitable space. Committee imposed conditions to protect the shoreline.

Minutes – Committee of Adjustment – March 12, 2007, Page #6 Minutes – Committee of Adjustment – March 12, 2007

Resolution Number: CA-08-12/03/2007

Member Pryke – Member Mallin: Be it resolved that Application A-08/07, McDonald, to allow for the construction of a new dwelling and shed that will result in a lot coverage of 8.9% of 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 subject to site plan control and a satisfactory site plan showing construction mitigation measures, vegetation retention and the re-naturalization of the shoreline.

Carried.

CONDITIONS: That a site plan agreement be entered into and a satisfactory site plan showing the construction mitigation measures, vegetation retention and the re-naturalization of the shoreline be submitted.

c. A-09/07, Moore, Part of Lot 24, Concession 4, Part 8, Plan 35R-6501, (Medora), 4-9- 016.

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

Notice of the Hearing was circulated 17 days prior.

Mr. Christopher Moore, 19 Ridge Drive, Toronto, Ontario, M4T 1B6, attended the meeting. Mr. Moore submitted letters of support from his neighbours.

Submissions were received at the meeting as follows:

i) Letter from Michael F. Kacaba in support of the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from R. Peter Rogers and Linda Rogers in support of the application. Mr. Pink read the letter, a copy of which is attached.

iii) Email from Brian W. Barr in support of the application. Mr. Pink read the email, a copy of which is attached.

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

Committee determined the structure would not function as a sundeck, and there would be minimal visual impact because the dock is located at the end of a bay and neighbouring shoreline development is located a substantial distance away.

Minutes – Committee of Adjustment – March 12, 2007, Page #7 Minutes – Committee of Adjustment – March 12, 2007

Resolution Number: CA-09-12/03/2007

Member Pryke – Member Mallin: Be it resolved that Application A-09/07, Moore, to allow for a dock to be 42 feet in width, 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 dock has little visual impact, the Department of Fisheries and Oceans have granted approval and the neighbours did not indicate any concerns. d. A-10/07, Buckland, Part of Lot 31, Concession 9, (Windermere), 3-2-075.

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

Notice of the Hearing was circulated 17 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. David Buckland, 219 Old Yonge Street, Toronto, Ontario, M2P 1R3, attended the meeting as agent for the applicant. The existing boathouse is in need of repair. They wish to move the existing sleeping cabin from the first floor to the second floor of the boathouse.

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

Committee, after a lengthy discussion, determined the use of the sleeping cabin is existing and the structure will be improved.

Committee requested minimum frontage requirements for two storey boathouses within Community Boundaries be addressed with the Official Plan and By-law Review.

Resolution Number: CA-10-12/03/2007

Member Mallin – Member Pryke: Be it resolved that Application A-10/07, Buckland, to allow a sleeping cabin to be located on the second floor of a boathouse on a property that is zoned Community Residential (R4), as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – March 12, 2007, Page #8 Minutes – Committee of Adjustment – March 12, 2007 e. A-11/07, Rosseau Resorts Development Inc., Part of Lots 24 and 25, Concession 11, Parts 1, 4 and 5, Plan 35R-19775, Parts 1, 4-7, Plan 35R-20257, (Medora), 4-14-070.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Frank Jaglowitz requesting additional information and Notice of Decision. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Alec Clute, Secretary for Central Lake Rosseau Residents Association in opposition to the application and requesting and Notice of Decision. Mr. Pink read the letter, a copy of which is attached.

Mrs. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the applicant. Mrs. Walton stated her clients wish to connect the Longview building with the Paignton House building via an enclosed link (bridge) to be used during all four seasons for weatherproof access for guest and employees. Additional height is required due to the grade of the property and for emergency vehicles to be able to pass under the link. The “Tower” and mechanical room is a small portion of the building, which will be over height. The “Tower” is part of the architectural charm of the Paignton House building. The majority of the building is lower. They wish to replicate the “old resort” type of built form. Paignton House will not appear to dominate the shoreline due to the Longview Building and the existing tree line behind the proposed building.

No one attended in support of the application.

Mr. Russ Harvey, President of Friends of Minett, P.O. Box 32, Minett, Ontario, P0B 1G0, attended the meeting in opposition to the application. Mr. Harvey gave a presentation, a copy of which is attached, and submitted a letter from George McEachran.

Submissions were received at the meeting as follows:

i) Letter from George McEachran in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mrs. Walton noted the height on the Longview was not part of the settlement for By-law 97-173. If the application is denied, the building mass will not change only the height. The approved site plan depicts all setbacks, buildings, dark sky lighting, etc. This proposal is not out of character with the resort. The link will not be visible from the water. This application will not set a precedent.

Committee determined joining the two buildings would facilitate access to disabled persons during the winter months. There are physical constraints due to the topography of the property.

Minutes – Committee of Adjustment – March 12, 2007, Page #9 Minutes – Committee of Adjustment – March 12, 2007

Resolution Number: CA-11-12/03/2007

Member Mallin – Member Pryke: Be it resolved that Application A-11/07, Rosseau Resorts Development Inc., to allow for the construction of a resort building that is to be 63 feet 10 inches in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted the building is to be set in to the hill and will blend in with the existing structure (Longview) that is more dominate. Only portions of the building do not comply, the 45 foot height requirement is not reasonable for resort properties in the Community, there is to be minimal blasting and the property is to be re- vegetated. f. A-12/07, Pocklington, Part of Lots 16 and 17, Concession 7, Lot 15, Plan 34, (Medora), 4-11-009.

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

Notice of the Hearing was circulated 17 and 11 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. Steve Hamelin, 56 Chisholm Street, Oakville, Ontario, L6K 3H5, attended the meeting as agent for the applicant. Mr. Hamelin stated the footprint of the building is not changing. The majority of the second storey will be hidden within the roof space.

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

Committee determined there would be no impact to the view from the lake.

Resolution Number: CA-12-12/03/2007

Member Mallin – Member Pryke: Be it resolved that Application A-12/07, Pocklington, to allow for the construction of a second storey addition to the existing one storey garage 2.1 feet from the side lot line which will result in a lot coverage of 12.3% for all second storeys, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – March 12, 2007, Page #10 Minutes – Committee of Adjustment – March 12, 2007

g. A-13/07, McWhirter, Part of Lot 26, Concession 4, (Medora), 6-2-096.

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

Notice of the Hearing was circulated 10 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. Peter McWhirter, 80 Yorkminster Road, Toronto, Ontario, M2P 1M3, attended the meeting. Mr. McWhirter stated the boathouse has been designed to be in keeping with the character of the area. The sideyard setback at the shoreline is in compliance with the by-law. The sideyard setback is reduced further out into the lake, due to the projected side lot line. The boathouse will be tucked into the bay and the visual impact would be reduced. The existing pathway and stairways to the dwelling will be maintained.

Mr. McWhirter stated if the boathouse were located further south on the property it would protrude further out into the bay. The boathouse would have an impact on boat traffic and would be closer to the neighbour. A new pathway and stairways would also be required. Several large pine trees over 60 feet in height would have to be removed.

No one attended in support of the application.

Mr. Ross Ashforth, 185 Clairmont Road, Gravenhurst, Ontario, P1P 1H9, attended the meeting in opposition to the application. Mr. Ashforth had concerns with privacy, visual impacts, noise pollution, safety, impacts to the beach area, and the encroachment into the sideyard setback. The existing single slip dock was not intrusive. The proposed boathouse will extend further out into the lake and be in close proximity to his dwelling. Mr. Ashforth stated he had spoken to the applicant and had recommend reorienting the angle of the boathouse. Changing the location of the boathouse would be less intrusive, and would be in compliance with the bylaw.

Mr. McWhirter stated reorienting the boathouse could impact boat traffic and prevailing west winds would make it difficult to enter the boathouse.

Committee agreed to adjourn this application in order to see if a compromise can be reached between the applicant and the neighbour.

This application was adjourned.

9. Correspondence

None.

10. Unfinished Business

None.

11. Information Items

None.

Minutes – Committee of Adjustment – March 12, 2007, Page #11 Minutes – Committee of Adjustment – March 12, 2007

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-13-12/03/2007

Member Ellis – Member Edwards: Be it resolved that the meeting adjourn at 11:47 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – March 12, 2007, Page #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, April 2, 2007, 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. Consideration of a resolution to adopt the agenda.

Committee added to the agenda, Item 11.b., Information Items, Ontario Municipal Board Decision, A-72/06, Levey, 7-12-058.

Resolution Number: CA-01-02/04/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated April 2, 2007, be adopted as amended.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated March 12, 2007, is attached.

Resolution Number: CA-02-02/04/2007

Member Pryke – Member Mallin: Be it resolved that the minutes dated March 12, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

Minutes – Committee of Adjustment – April 2, 2007, Page #1 Minutes – Committee of Adjustment – April 2, 2007

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

None.

7. Hearing of Consent Applications

a. B/12/07/ML, Martin, Part of Lot 30, Concession 1, (Medora), 4-21-005.

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

Notice of the Hearing was circulated 24 days prior.

Submissions were received as follows:

ii) Letter from Frances and Earle Barr requesting Notice of Decision. Mr. Pink read the letter, a copy of which is attached.

Mr. Steven Curry, R.R. 3, Port Carling, Ontario, P0B 1J0, attended the meeting as agent for the applicant. Mr. Curry stated the purpose of the application is for a lot addition. The subject property is a wetland and is not used as pasture land.

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

Committee had no questions.

Resolution Number: CA-03-02/04/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/12/07/ML, (Martin) provided the following conditions are fulfilled:

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

2. The severed lot is to be joined in title to the abutting property.

3. That the previous consent (B/92/04/ML) be broken by adding a portion of the abutting lot to the District Road.

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

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

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Carried. b. B/13/07/ML, Salter, Trustees, Part of Lot 16, Concession 7, Parts 1-5, Plan 35R-9933, Parts 1-3, Plan 335R-10423, Part 1, Plan 35R-18536, (Medora), 4-11-024-04, 4-11-025.

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

Notice of the Hearing was circulated 24 days prior.

Submissions were received as follows:

Mr. Lanny Dennis, Wayne Simpson and Associates, 11 Centre Street South, Suite 102, Huntsville, Ontario, P1H 1W4, attended the meeting as agent for the applicant. Mr. Dennis stated the purpose of the application is to consolidate two lots into one. His clients wish to redevelop the property. The dwelling on the northerly lot will be removed and the dwelling on the southerly lot will be converted into storage. The proposed new dwelling will be in compliance with the by-law.

No one attended in support of the application.

Mr. Gerry Brown, 45 Sulphur Springs Road, Ancaster, Ontario, L9G 1L9, attended the meeting in opposition to the application. Mr. Brown had concerns regarding the potential of three dwellings on the property. He stated there is a restrictive covenant registered on title that requires any structures to be 50 feet from the side lot line and that only a one storey boathouse is permitted.

Committee had concerns with the location of the proposed new dwelling, the size of the dwelling to be converted into storage, and enforcement. Committee adjourned this application in order for the agent to discuss Committee’s concerns regarding an increased setback for the dwelling with his client.

Committee reconvened this application at approximately 11:08 a.m.

Mr. Dennis circulated a sketch and photographs to Committee, copies of which are attached. He stated his clients intend to redevelop the property in conjunction with existing development rights. An overview of proposed development was included for Committee’s information only. The property has the potential of being two lots, and could contain two dwellings and boathouses. They have designed a low profile single storey dwelling to accommodate the landscape and steep slopes on the property. Built form will not dominate the shoreline. Vegetation along the shoreline will buffer the dwelling. The proposed location of the new dwelling is in front of a rock outcropping. If the front yard setback was increased, the dwelling would be further elevated and would require additional tree removal and blasting. The bathroom and kitchen facilities will be removed from dwelling on the southerly lot. His clients are agreeable to imposing site plan control on the property along with revegetation of the shoreline. He felt it was

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reasonable to amalgamate the two lots into one, whereby theoretically it would reduce potential development into half.

Committee determined the proposed development is not germane to the application. Proposed development would be dealt with at the site plan stage.

Resolution Number: CA-04-02/04/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/13/07/ML, (Salter, Trustees), provided the following condition is fulfilled:

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

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

Carried. c. B/14/07/ML, Diamond in the Ruff Ltd., Part of Lots 26 and 30, Concession A, Part 7, Plan 35R-15594, Part 1, Plan 35R-21196, (Watt), 2-23-012.

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

Notice of the Hearing was circulated 24 days prior.

Submissions were received as follows:

Ms. Katherine S. Grossi of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agent for the applicant. Ms. Grossi noted Mr. Gary Pearson, Pearson Engineering, was also in attendance.

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

Committee had no questions

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Resolution Number: CA-05-02/04/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/14/07/ML, (Diamond in the Ruff Ltd.), provided the following condition is fulfilled:

1. A registerable description (deed) of the easement 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/15/07/ML, Diamonds Edge Muskoka Cottage Owners Association, Part of Lot 26, Concession A, (Watt), 2-23-011.

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

Notice of the Hearing was circulated 24 days prior.

Submissions were received as follows:

Ms. Katherine S. Grossi of Houser, Henry & Syron, Suite 2000, 145 King Street West, Toronto, Ontario, M5H 2B6, attended the meeting as agent for the applicant. Ms. Grossi noted the existing general easement to Diamond in the Ruff Ltd. will be released.

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

Resolution Number: CA-06-02/04/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/15/07/ML, (Diamonds Edge Muskoka Cottage Owners Association), provided the following condition is fulfilled:

1. A registerable description (deed) of the easement be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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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/16/17/07/ML, Hall/Grubb/Hall, Part of Lots 32 and 33, Concession 2, (Cardwell), 1-3- 051.

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

Notice of the Hearing was circulated 19 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

Mr. Nicholas Roche, Lee, Roche & Kelly, 6 Dominion Street, P.O. Box 990, Bracebridge, Ontario, P1L 1V2, attended the meeting as agent for the applicant. Mr. Roche stated the configuration of the lots was due to the fact that one of the three owners wished to retain a portion of the property.

Mr. Aaron English, Torkin Manes, Suite 1500, 151 Yonge Street, Toronto, Ontario, M5C 2W7, attended the meeting on behalf of the purchasers.

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

Resolution Number: CA-07-02/04/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Application B/16/07/ML, (Hall/Grubb/Hall), 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.

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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 Retained Lot # 2 be joined in title to the abutting property.

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

Carried.

Resolution Number: CA-08-02/04/2007

Member Edwards – Member Ellis: Be it resolved that Consent be granted for Application B/17/07/ML, (Hall/Grubb/Hall), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

Carried.

8. Hearing of Minor Variance Applications

a. A-14/07, Tratnyek, Part of Lot 4, Concession 12, (Watt), 2-18-064.

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

Notice of the Hearing was circulated 10 days prior.

Minutes – Committee of Adjustment – April 2, 2007, Page #7 Minutes – Committee of Adjustment – April 2, 2007

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows: i) Email Letter from Anna M. Wilson in opposition to the application. Mr. Pink read the email and letter, copies of which are attached. ii) Email from Norm Huggins in opposition to the application. Mr. Pink read the email, a copy of which is attached. iii) Two letters from Elizabeth Dawson in opposition to the application. Mr. Pink read the letters, copies of which are attached. iv) Letter from Wayne Harrison in opposition to the application. Mr. Pink read the letter, a copy of which is attached. v) Letter from William E. Meyers in opposition to the application. Mr. Pink read the letter, a copy of which is attached. vi) Letter from Nick Roche, on behalf of 1099756 Ontario Inc. (Sandy and Nancy Harju, Troy Cove Marina), in opposition to the application. Mr. Pink read the letter, a copy of which is attached. vii) Letter from Don Bemrose, Wilson’s Lodge, in opposition to the application. Mr. Pink read the letter, a copy of which is attached. viii) Letter from Randy and Teddene Turner in opposition to the application. Mr. Pink read the letter, a copy of which is attached. ix) Letter from Don Dawson regarding the side lot line projection. Mr. Pink read the letter, a copy of which is attached.

Mrs. Janice Tratnyek and Mr. Aloez Tratnyek, 12 Huntington Avenue, Hamilton, Ontario, L8T 1X6, attended the meeting. Mr. Tratnyek stated he understood the lot is undersized. He noted the neighbouring lot only has 12 feet if frontage. They have anchored their boat in the water for the past two years. They have had no problems with boats colliding.

No one attended in support of the application.

Mr. Randy Turner, 594 Holly Hill Crescent, Burlington, Ontario, L7L 3Z7, attended the meeting in opposition to the application. Mr. Turner stated their boat was moored close to his dock. Mr. Turner’s sailboat has rubbed up against Tratnyek’s boat. Buoys have been placed to restrict access to the 66 foot open original shore road allowance. There is an issue with the projected side lot line.

Staff noted the side lot line projection is accurate. The zoning on the property could be corrected through a Housekeeping By-law. Alternatively, the applicants could request the property be rezoned. If the property were rezoned it would still require a variance.

Committee determined the property was incorrectly zoned because it has never been used as a marina. If the property was rezoned, the lot coverage would be over what is permitted. Many neighbours were in opposition to the application. Committee did not want to set a precedent.

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Resolution Number: CA-09-02/04/2007

Member Edwards – Member Ellis: Be it resolved that Application A-14/07, Tratnyek, to allow for the construction of two sheds and a dock as shown on the plan attached to the Notice of Decision. The following variances are approved:

i) To allow for the construction of two sheds and a dock as accessory structures to a non-conforming use.

ii) To allow two sheds and a dock on an undersized lot.

iii) To allow both sheds to be zero feet from the easterly side lot line.

iv) To allow the shed (closest to the water) to be 45 feet from the rear lot line.

v) To allow the shed (closest to the street) to be zero feet from the rear lot line/road.

vi) To allow a lot coverage of 27%.

vii) To allow a dock to be 12 feet from the easterly side lot line and its projection thereof and eight feet from the westerly lot line and it projection thereof.

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 subject land is insufficient in lot area to support new structures, the proposed sheds are located too close to property lines and the proposed dock is not appropriate in size and location. b. A-15/07, Mersky, Lorelea Island, (Jackson Island), Lake Rosseau, (Watt), 2-8-057.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Ms. Angela Ghikadis, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting as agent for the applicant. Ms. Ghikadis circulated photographs and a sketch to Committee, a copy of which is attached. She noted Lorelea Island is one of a group of islands owned by her client. A surveyor was retained last fall to conduct a survey of the island. The proposed location was chosen to work with the existing dwelling and to maintain the character of the building. The original dwelling, which was constructed in 1890, had porches on both sides. Her clients wish to restore one of the porches. The existing screened in porch is used as a sitting area, and the proposed screened in porch will be used for as a dining area. The existing

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development allows a reduced front yard setback. The island is well treed and will buffer the proposed screen porch so that natural form dominates the waterfront. The reduction in the setback is due to a small dip in the shoreline. Her clients have been diligent in their efforts to maintain the character and history of the dwelling. This proposal will not set a precedent because the addition is to the rear of the structure. The proposed structure maintains the intent of the by-law. There will be no impact to neighbours.

Ms.Theresa Mersky, 10 Shorncliffe Avenue, Toronto, Ontario, M4V 1T1, attended the meeting. Ms. Mersky stated over the last ten years they have been restoring the dwelling to be in keeping with the original architecture. They need a dining room, and they intend to use the screened porch to function as such.

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

Committee determined they could support the application for the reasons stated by the agent.

Resolution Number: CA-10-02/04/2007

Member Edwards – Member Ellis: Be it resolved that Application A-15/07, Mersky, to allow for the construction of a screened porch which will be 23 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 screened porch will not be visible due to existing vegetative buffer, the shoreline is irregular reducing the setback and the screened porch is not large. c. A-16/07, Rosenthal/Sharp, Part of Lot 21, Concession 8, Lot 5, Plan M-610, (Medora), 4- 11-103-05.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Honourable Daniel F. Sullivan in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Ian MacLaren requesting deferral to address neighbour’s concerns. Mr. Pink read the letter, a copy of which is attached.

The Honourable Daniel Sullivan, 65 Chestnut Part Road, Toronto, Ontario, M4W 1W7, attended the meeting.

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Staff reserved their comments until the application comes back to Committee.

Mr. Sullivan indicated they would discuss the proposal with their neighbours and the architect.

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

This application was adjourned. d. A-17/07, Rasch, Part of Lot 19, Concession B, Lot 10, Plan 36, (Medora), 6-21-007.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Michael and Dyann Bird requesting notice of decision . Mr. Pink read the letter, a copy of which is attached.

Mr. Bernard Rasch, Applicant, 8 Brentcliffe Road, Suite 200,Toronto, Ontario, M4G 3Y2, attended the meeting. Mr. Rasch indicated the screened porch is located over an existing deck, the porch on the front of the dwelling is to be roofed (lattice work exists) and the location of the garage has been changed. There is to be no removal of trees.

Mr. Rasch noted if the garage was located where the building permit indicated, a new driveway would be required and there would be some tree removal. Mr. Rasch felt there would be no impact on the neighbours and the dwelling is not visible.

The Committee discussed the size of the proposed additions and the location of the garage. The Committee indicated to the applicant that they could not support a lot coverage greater than 11%. The Committee suggested that the applicant may wish to amend the application, reducing the amount of lot coverage.

This application was adjourned at the request of the applicant. e. A-18/07, Holloway, Part of Lot 5, Concession 13, Part 3, Plan 35R-5581, (Medora), 4-8- 016.

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

Notice of the Hearing was circulated 10 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. Robert Holloway, Applicant, R.R. 1, Mactier, Ontario, P0C 1H0 attended the meeting. Mr. Holloway indicated that through a new survey it was found there was less lot area than was originally thought. The design of the dwelling was prepared on the lesser lot area. The front and side yard setback have been increased as to what existed. The dwelling was designed to blend in with the natural attributes of the property.

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

The Committee discussed the use and size of buildings on the property. Under the building permit issued for the sleeping cabin, a screened porch was not permitted.

Resolution Number: CA-11-02/04/2007

Member Ellis – Member Edwards: Be it resolved that Application A-18/07, Holloway, to allow for the construction of a new dwelling which will result in a lot coverage of 10.6% 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 the removal of the screening and kitchen in the sleeping cabin

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 existing and proposed structures can comply with the requirements of the by-law. The existing sleeping cabin should be constructed in accordance to the building permit that was issued.

9. Correspondence

None.

10. Unfinished Business

a. A-89/06, Woof, Part of Lot 8, Concession 7, Lot 7, Plan M-377, (Medora), 4-4-010.

Members Edwards and Mallin were not in attendance at the original hearing and were unable to vote on this matter.

The purpose and effect of this application was presented as Item 5.c. of the Committee of Adjustment Hearing of November 29, 2006. Mr. Pink reviewed the history, nature, and location of the application/property.

Notice of the Hearing was circulated 10 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Report from Building Inspector, Sewage Systems.

ii) Letter from Joan and Jane Cameron in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

iii) Letter from Bass Lake Association in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

iv) Email from Nancy Currell in opposition to the application. Mr. Pink read the email, a copy of which is attached.

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v) Letter from Karen and Scott Fraser in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

It was noted that this application was recirculated to inform the neighbours and interested parties.

Mr. Shawn Woof, Applicant, 785 Wonderland Road South, Box 29075, London, Ontario, N6K 1M0, attended the meeting. Mr. Woof indicated the proposed dwelling meets the required setbacks, a septic system site is available, the property is an existing lot on a plan of subdivision, and there is to be no sleeping cabin permitted on the property.

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

Committee indicated the applicant had done what was asked of him in terms of servicing of the property.

Resolution Number: CA-12 -02/04/2007

Member Ellis – Member Pryke: Be it resolved that Application A-89/06, Woof, to allow the subject land to have 97.7 feet of lot frontage which will recognize the lot as a legal building lot, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to a sleeping cabin not being permitted on the property.

Carried.

11. Information Items

a. Ontario Municipal Board Decision, A-80/05, Mills, Part of Lot 26, Concession 5, Parts 1 and 2, Plan 35R-8626, (Wood), 6-2-090.

Mr. Fahner indicated there was a settlement between the Township and the Applicant. As part of the settlement, the shoreline is to be renaturalized.

b. Ontario Municipal Board Decision, A-72/06, Levey, Part of Lot 15, Concession A, Part Lot 37, Plan 14, (Bala), 7-12-058.

Mr. Fahner reviewed the application and indicated the Ontario Municipal Board also denied the variance requested.

c. Ontario Municipal Board Decision, A-67/06, Keith/Arney, Part of Lot 14, Concession B, Lot 286, Plan 1, (Bala), 7-10-026.

Mr. Fahner indicated the Ontario Municipal Board reserved their decision and the written decision has not been forwarded yet.

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d. Housekeeping By-law, Appeal to the Ontario Municipal Board.

Mr. Fahner indicated the appeal has not been resolved yet. The Township is encouraging the Ontario Municipal Board to dismiss the appeal.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-13-02/04/2007

Member Ellis – Member Edwards: Be it resolved that the meeting adjourn at 11:42 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – April 2, 2007, Page #14 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, April 23, 2007, 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 - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin Susan Pryke

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-01-23/04/2007

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated April 23, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated April 2, 2007, is attached.

Resolution Number: CA-02-23/04/2007

Member Ellis – Member Edwards: Be it resolved that the minutes dated April 2, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

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

None.

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7. Hearing of Consent Applications

a. B/18/07/ML, Lowndes, Part of Lot 14, Concession 13, (Wood), 8-9-051.

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

Notice of the Hearing was circulated 21 days prior.

Submissions were received as follows:

No one attended in support of the application.

Les Gondor, 144 Shaftesbury Street, Toronto, Ontario, M3H 5M2, attended the meeting. Mr. Gondor indicated he has concerns with the boundary lines on the retained lot. Mr. Gondor advised that when he purchased his property he had frontage on the lake. The maps/sketches in this application do not reflect the original boundary lines.

Mr. Gondor has contacted the Ministry of Natural Resources in order to confirm the original crown patent to the lands to the east (which is currently owned by Mr. Gondor). On the original title, approximately nine acres of the lake was shown on Mr. Gondor’s land.

The Committee indicated a survey of the severed lot would be required as a condition of the severance, which may answer the dispute in the boundary lines. The Committee determined the approval of this application would not have an impact and any change in boundary lines could be reviewed when the survey is prepared.

Resolution Number: CA-03-23/04/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/18/07/ML, (Lowndes) 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 severed lot is to be joined in title to the abutting property.

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.

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It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried. b. B/19/07/ML, Kalachnik-Fraser, Part of Lot 25, Concession 2, Part 3, Plan 35R-21142, (Medora), 4-18-041.

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

ii) Report from the Building Inspector, re: sewage systems. Mr. Pink read the report, a copy of which is attached.

Mr. Bill Grimmett, Agent, Box 365, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Grimmett indicated that the driveway is existing and they wish to legalize the access.

No one attended in support or opposition to the application. Committee had no questions.

Resolution Number: CA-04-23/04/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/19/07/ML, (Kalachnik-Fraser), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

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

Carried.

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c. B/20/07/ML, Donaldson, Part of Lot 32, Concession 2, Part 3, Plan 35R-21142 (severed lot only), (Watt), 2-8-022.

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

Mr. Bill Grimmett, Agent, Box 365, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Grimmett indicated negotiations with the neighbours are finishing and the land conveyances should be competed in the near future.

No one attended in support of or in opposition to the application. Committee had no questions

Resolution Number: CA-05-23/04/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/20/07/ML, (Donaldson) provided the following conditions are fulfilled:

3. 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.

4. The severed lot is to be joined in title to the abutting property.

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

Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried.

Minutes – Committee of Adjustment – April 23, 2007, Page #4 Minutes – Committee of Adjustment – April 23, 2007

8. Hearing of Minor Variance Applications

a. A-17/07 - Amended, Rasch, Part of Lot 19, Concession B, Lot 10, Plan 36, (Medora), 6- 21-007.

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

Notice of the Hearing was circulated 13 days prior.

No submissions were received.

Mr. Bernard Rasch, 8 Brentcliffe Road, Suite 200, Toronto, Ontario, M4G 3Y2, attended the meeting. Mr. Rasch indicated he has changed his proposal and reduced the amount of lot coverage.

No one attended in support or opposition to the application.

The Committee thanked the applicant for changing his proposal.

Resolution Number CA-06-23/04/2007

Member Ellis – Member Edwards: Be it resolved that Application A-17/07, Rasch, to allow for the construction of an addition (screened room) and garage, which will result is a lot coverage of 11% within the lot area 200 feet from the high water mark and a lot coverage of 10.4% on the entire lot, and to allow the garage to be 15 feet from Acton Island Road, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

b. A-19/07, Sheppard and Cook, Part of Lot 15, Concession 1, (Wood), 8-2-027.

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

Notice of the Hearing was circulated 13 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

1. Letter from Hirsh Log Homes, Agent, requesting a copy of the notice of decision. A copy of the letter is attached.

Minutes – Committee of Adjustment – April 23, 2007, Page #5 Minutes – Committee of Adjustment – April 23, 2007

Mr. Simon Hirsh, Agent, 148 Hamer Bay Road, MacTier, Ontario, P0C 1H0, attended the meeting. Mr. Hirsh indicated they have changed the proposal from a previous application and have reduced the size of development.

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

The Committee indicated they could support the application and its changes. The Committee noted the cabin is still large, however, another structure is being removed, reducing the amount of development.

Resolution Number CA-07-23/04/2007

Member Mallin – Member Pryke: Be it resolved that Application A-19/07, Sheppard/Cook, to allow for the reconstruction of a legal non-complying boathouse that is to be 25 feet in height (two feet, three inches over what is existing), as shown on the plan attached to the Notice of Decision, is hereby approved subject to the removal of the 28-foot wide most westerly dock on the property.

Carried.

CONDITIONS: That the 28-foot wide most westerly dock be removed.

c. A-20/07, Muskoka Lakes Golf and Country Club, Part of Lots 26 and 27, Concession 6, (Port Carling), 5-4-082.

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

Notice of the Hearing was circulated 18 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions were received as follows:

i) Letter from Cam O’Donnell and Bill Irwin. Mr. Pink read the letter, a copy of which is attached.

Mr. Bill Wight, Agent, Box 280, Port Carling, Ontario, P0B 1J0, attended the meeting to answer any questions.

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

Mr. Wight confirmed that the lighting on the pumphouse is a “motion” light.

Minutes – Committee of Adjustment – April 23, 2007, Page #6 Minutes – Committee of Adjustment – April 23, 2007

Resolution Number CA-08-23/04/2007

Member Pryke – Member Mallin: Be it resolved that Application A-20/07, Muskoka Lakes Golf and Country Club, to allow an existing pumphouse to be 16 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 that due to the zoning of the property (Open Space and not Waterfront Commercial) pumphouses are not permitted in the front yard, the structure is non-habitable, the lighting is appropriate (motion light) and the neighbours indicated their support. d. A-21/07, McDonald, Part of Lot 14, Concession A, Lot 269 and Part Lot 275, Plan 26, (Bala), 7-6-067.

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

Notice of the Hearing was circulated 12 days prior.

Mr. Scott Harding, 13 Innisfil Road, Phelpston, Ontario, L0L 2K0, attended the meeting on behalf of the applicant. Mr. Harding indicated that the building permit for the cabin was actually for a shed. When the applicant purchased the property the structure was being used as a cabin. The applicant would prefer not to remove the cabin.

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

Resolution Number CA-09-23/04/2007

Member Mallin – Member Pryke: Be it resolved that Application A-21/07, McDonald, to allow for the construction of a dwelling that has an attached garage containing habitable space in the second storey (connected by a hallway), as shown on the plan attached to the Notice of Decision, is hereby approved subject to the removal of the existing sleeping cabin.

Carried.

CONDITIONS: The existing sleeping cabin is to be removed.

Minutes – Committee of Adjustment – April 23, 2007, Page #7 Minutes – Committee of Adjustment – April 23, 2007

9. Correspondence

None.

10. Unfinished Business

a. A-16/07, Rosenthal/Sharp, Part of Lot 21, Concession 8, Lot 5, Plan M-610, (Medora), 4- 11-103-05.

Mr. Pink explained the history, nature, and location of the application/property. The application has been amended. The balcony is to be inaccessible with no decking and the width of columns facing the neighbour have been reduced.

Mr. Ian Maclaren, Agent, 83 Simpson Avenue, Toronto, Ontario, M4K 1M1, attended the meeting on behalf of the applicant. Revised elevation drawings (third set) were presented, a copy of which are attached.

Mr. Maclaren indicated they have had further discussions and amended the proposal. The neighbour and the applicant have tried to appease one another. The proposed balcony is to have windows, instead of a door, there is to be no decking and, therefore, is inaccessible.

The Honourable Daniel Sullivan, 65 Chestnut Park Road, Toronto, Ontario, M4W 1W7, attended the meeting. Hon. Sullivan requested that the wording in the decision indicate there be a window (and no door) and that the balcony never be occupied. Hon. Sullivan agreed to the wording in the resolution.

Resolution Number CA-10-23/04/2007

Member Pryke – Member Mallin: Be it resolved that Application A16/07, Rosenthal and Sharp, to allow for the construction of an inaccessible balcony addition to a two storey boathouse 34 feet from the side lot line and its projection thereof, as shown on 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 plans have been revised and the balcony is inaccessible, the boathouse angles away from the abutting property, the column widths have been reduced and the neighbours have indicated their approval of the revisions.

b. B/21/06/ML, Howe, (formerly MacDonald), Part of Lots 5 and 6, Concession 11, (Medora), 4-7-022.

Mr. Pink explained the history, nature, and location of the application/property. Mr. Pink indicated the application was adjourned April, 2006, in order to carry out a peer review of the site specific study and to receive District of Muskoka’s comments.

Minutes – Committee of Adjustment – April 23, 2007, Page #8 Minutes – Committee of Adjustment – April 23, 2007

Mr. Pink advised that a zoning by-law amendment application has been received in order to implement the requirements suggested by the site specific study.

Ms. Angela Ghikadis, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting.

Larry Howe, Applicant, 1160 Whiteside Road, Unit #23, R.R. 3, Port Carling, Ontario, P0B 1J0, attended the meeting.

Ms. Ghikadis submitted photographs to the Committee and provided a background and history of the application. The photographs are attached.

It was noted that Member Mallin and Member Edwards are restricted from voting on this application as they were not in attendance at the original hearing held last year.

Ms. Ghikadis noted the lot configuration is slightly different than what was originally applied for and a grant of right-of-way is now proposed. A copy of the amended sketch is attached.

Ms. Ghikadis advised that an addendum to the original site specific study was carried out in order to confirm the location of the dwelling. Ms. Ghikadis confirmed there is a legal right-of-way at the rear of the property, however, there is now to be a right-of-way over the retained and severed lot. The neighbour, Ms. Woodroffe has been contacted regarding the right-of-way.

Ms. Ghikadis indicated the boathouses are to be removed and replaced with one boathouse. There is an existing concrete sitting area that is located along the shoreline and according to the zoning by-law, it is included in the width of shoreline structures, however, it does not function as a shoreline structure.

Ms. Ghikadis noted there is to be extensive replanting to be carried out, a new septic system will be located 275 feet from the shore, the applicant is willing to give up their rights for a two storey boathouse and it would be detrimental to fisheries to remove the concrete walkway.

Resolution Number: CA-11-02/04/2007

Member Ellis – Member Pryke: Be it resolved that Consent be granted for Application B/21/06/ML, (Howe), 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.

Minutes – Committee of Adjustment – April 23, 2007, Page #9 Minutes – Committee of Adjustment – April 23, 2007

3. That the recommendations as outlined in the lot specific assessment and District of Muskoka comments dated April 16th, 2007, are implemented in a consent agreement under Section 51(26) of the Planning Act. This agreement is to be registered on title.

4. That a zoning by-law amendment be approved to restrict building envelopes to that shown in the lot specific assessment for the severed lot.

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

Carried.

11. Information Items

a. Ontario Municipal Board Decision, A-67/06, Keith/Arney, Part of Lot 14, Concession B, Lot 286, Plan 1, (Bala), 7-10-026.

Mr. Fahner reviewed the application/appeal and indicated the Ontario Municipal Board agreed with the Committee’s decision and approved the variance.

b. Ontario Municipal Board Decision, A-39/05, Salvatore, Part of Lot 4, Concession 3, (Wood), 8-3-019.

Mr. Fahner reviewed the application and indicated this appeal was settled by the interested parties. The Ontario Municipal Board approved the application with certain conditions. The dwelling was relocated, the boathouse is to be single storey only, lot coverage was slightly reduced and renaturalization of the shoreline is to be carried out.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

Minutes – Committee of Adjustment – April 23, 2007, Page #10 Minutes – Committee of Adjustment – April 23, 2007

15. Adjournment

a. Resolution Number: CA-12-23/04/2007

Member Pryke –Member Mallin: Be it resolved that the meeting adjourn at 10:30 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – April 23, 2007, Page #11 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 14, 2007, 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 - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Recording Secretary Susan Pryke

Non-Committee Members:

Liz Denyer

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-01-14/05/2007

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated May 14, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

Member Mallin declared a conflict of interest regarding Item 8.e., A-26/07, Parsons. Member Mallin is a neighbour to the subject property.

4. Adoption of Minutes

a. A copy of the Minutes dated April 23, 2007, is attached.

Resolution Number: CA-02-14/05/2007

Member Ellis – Member Edwards: Be it resolved that the minutes dated April 23, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

Minutes – Committee of Adjustment – May 14, 2007, Page #1 Minutes – Committee of Adjustment – May 14, 2007

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

None.

7. Hearing of Consent Applications

a. B/21/07/ML, Josh McDermott & Sons Ltd., Part of Lots 24 and 25, Concession 6, Parts 1-3, Plan 35R-12014, Parts 2 and 3, Plan 35R-2889, (Port Carling), 5-4-057-01.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

Mr. Ted Daglish, Box 2, Port Carling, Ontario, P0B 1J0, Agent, for the applicant attended the meeting to answer questions.

Committee expressed concern regarding the zoning of the severed parcel, Mr. Fahner explained that the application was for access and is a very small parcel of land. If the property owners have intentions to sell this parcel, it is advisable that the Zoning By-law be amended.

Resolution Number: CA-03-14/05/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/21/07, (McDermott), 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 severed lot is to be joined in title to the abutting property.

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/22/07/ML, Yzerman, Part of Lot 30, Concession 7, (Windermere), 3-1-058.

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

Notice of the Hearing was circulated 17 days prior.

Minutes – Committee of Adjustment – May 14, 2007, Page #2 Minutes – Committee of Adjustment – May 14, 2007

Submissions were received as follows:

Mr. Bill Grimmett, Agent, Box 365, 61 Joseph Street, Port Carling, Ontario, P0B 1J0, attended the meeting.

Committee had no questions.

Resolution Number: CA-04-14/05/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/22/07/ML, (Yzerman), provided the following conditions are fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. Confirmation that the Township is satisfied that the retained lot is satisfactory for on-site sewage disposal and that any problems identified with any existing sewage system(s) 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. c. B/23-32/07/ML, Elliott/Black/Hampson, Part of Lot 28, Concession C, Parts 1-6, Plan 35R-9758, Parts 1-5, Plan 35R-18759, (Medora), 4-23-041, 4-23-042, 4-23-047.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

ii) Letter from Jeff Black, indicating they wish to request an adjournment. A copy of the letter is attached.

Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, Ontario, P1L 1V6, attended the meeting on behalf of Catherine Hampson. Mr. Roche requested an adjournment of the Hampson application.

Minutes – Committee of Adjustment – May 14, 2007, Page #3 Minutes – Committee of Adjustment – May 14, 2007

Mr. Donald Mills, Mills and Mills, Agent, 2 St,. Clair Avenue West, Toronto, Ontario, M4V 1L5, attended the meeting on behalf of Elliott and Black. Mr. Mills requested an adjournment.

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

Committee had no questions.

This application was adjourned to the meeting to be held on June 4, 2007. Mr. Roche and Mr. Mills were advised to contact the Township to confirm that the applications could be heard at the next meeting.

8. Hearing of Minor Variance Applications

a. A-22/07, Stock, Part of Lots 24 and 25, Concession F, Parts 1, 4-10, Plan 35R-20955, (Medora), 6-23-043.

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

Notice of the Hearing was circulated 12 days prior.

Submissions received were as follows:

i) Letter from Mr. T.C. Wright, a copy of which is attached.

Ms. JoAnne Campbell, Agent, Campbell Design Association, 4370 St. John’s Rd., Newmarket, Ontario, L3Y 4W1, attended the meeting. Ms. Campbell felt that the gazebo would not be out of character. It is a size that has been previously been engineered. A smaller gazebo would be more costly.

No one attended in support or opposition to the application.

Committee concluded that this proposed structure could be downsized to meet the requirements of Zoning By-law 87-87.

DECISION: Resolution Number CA-05-14/05/2007

Member Pryke – Member Mallin: Be it resolved that Application A-22/07, Stock, to allow for the construction of a 320 square foot gazebo that is 20 feet in height and is 10 feet from the high water mark, as shown on the plan attached to the Notice of Decisions, is hereby approved.

MOTION DEFEATED.

Minutes – Committee of Adjustment – May 14, 2007, Page #4 Minutes – Committee of Adjustment – May 14, 2007

b. A-23/07, Boyd, Part of Lot 3, Concession D, Parts 11and 12, Plan 35R-13537, (Medora), 6-11-041-04.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by the applicants were circulated to Committee, copies of which are attached. Photographs by staff are also attached.

No Submissions were received.

Mr. Gerald Boyd, 53 Livia Herman Way, Barrie, Ontario, L4M 6X1, attended the meeting. Mr. Boyd indicated he wishes to construct a cabin above the garage in order to have one combined structure to reduce the amount of tree removal.

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

Committee had no questions.

DECISION: Resolution Number CA-06-14/05/2007

Member Mallin – Member Pryke: Be it resolved that Application A-23/07, Boyd, to allow for the construction of a garage with a sleeping cabin that is to be 23 feet 8 inches in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

c. A-24/07,Turner, Part of Lot 6, Concession 4, (Wood), 8-6-039.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions received were as follows:

i) Letter from Peter & Elaine Matthews, Brad & Teresa Smith, and Edward Kular

Ms. Summer Valentine, Agent, Edenlane Homes Inc., 410 Muskoka Rd. S., Unit 2, Gravenhurst, Ontario, P1P 1J4, attended the meeting. Ms. Valentine passed out some photographs, copies of which are attached. She indicated that the irregular shoreline reduces the front yard setback, the existing roofline is to be used and a new septic system has been installed. Ms. Valentine felt the 58 foot setback is reasonable. She did not feel additional plantings were necessary.

Minutes – Committee of Adjustment – May 14, 2007, Page #5 Minutes – Committee of Adjustment – May 14, 2007

A copy of Ms. Valentine’s presentation is attached.

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

DECISION: Resolution Number CA-07-14/05/2007

Member Pryke – Member Mallin: Be it resolved that Application A-24/07, Turner, to allow for the construction of an addition to the existing dwelling 58 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 depicting satisfactory plantings and securities.

Carried.

CONDITIONS: A site plan agreement depicting satisfactory plantings and securities be submitted.

d. A-25/07, Jaymat Ltd., Part of Lot 30, Concession 7, Lot A, Plan 4, (Medora), 7-6-001.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Mr. Kevin Cozier, Agent, Crozier Design, 315 Union St. E., Fergus, Ontario, N1M 1W2 attended the meeting along with the property owners.

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

Committee expressed concerns regarding the availability of municipal services for this property. Further discussion determined that, if and when services were available, the owner would be required to connect.

This application was momentarily adjourned at 9:50 a.m. in order to confirm the availability of municipal sewer services.

This application was heard again at 10:12 a.m.

Mr. Pink was unable to reach the appropriate staff at the District of Muskoka, Mr. Pink noted that regardless of the variance, in the future the property owner will be required, to hook up to the service once it becomes available.

DECISION: Resolution Number CA-08-14/05/2007

Minutes – Committee of Adjustment – May 14, 2007, Page #6 Minutes – Committee of Adjustment – May 14, 2007

Member Mallin – Member Pryke: Be it resolved that Application A-25/07, Jaymat Ltd., to allow for the development of the subject land without municipal sewer services, 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 municipal sewer services will not likely be available in the foreseeable future and neighbours did not indicate any concerns.

e. A-26/07, Parsons, Part of Lot 13, Concession B, Lot 240, Plan 22, (Bala), 7-9-053-01.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

No submissions were received.

Mr. Brad Antonides, Agent, Lakewood Construction, R.R. 3, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Antonides indicated that the existing cabin is to be relocated to build a new dwelling. He further explained that the current location of the existing cabin hinders the construction of the dwelling.

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

Committee had no questions.

DECISION: Resolution Number CA-09-14/05/2007

Member Ellis – Member Pryke: Be it resolved that Application A-26/07, Parsons, to allow for the relocation of a garage which contains a sleeping cabin, to allow the garage/sleeping cabin to be 26 feet in height, and to allow development of a lot that does not have municipal sewer services, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to a maximum sleeping cabin size of 650 square feet.

Carried.

CONDITIONS: The maximum size of the sleeping cabin shall be 650 square feet.

Minutes – Committee of Adjustment – May 14, 2007, Page #7 Minutes – Committee of Adjustment – May 14, 2007

f. A-28/07, Heer, Part of Lot 10, Concession 4, (Wood), 8-7-011.

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

Notice of the Hearing was circulated 12 days prior.

Photographs taken by staff were circulated to Committee, copies of which are attached.

Submissions received were as follows:

i) Letter from Paul Smith, indicating his support. A copy of the letter is attached.

Ms. Gweneth Heer, 66 Tecumseh Cr., Kitchener, Ontario, N2B 2T4, attended the meeting. Ms. Heer indicated that they wish to reconstruct the existing dock in order to have a stable dock. If the dock were to be moved, to be in compliance with the zoning by-law, additional shoreline vegetation would be removed.

No one attended in support or opposition.

Committee had no questions.

DECISION: Resolution Number CA-10-14/05/2007

Member Pryke – Member Mallin: Be it resolved that Application A-28/07, Heer, to allow for the construction of a dock 8 feet 7 inches from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. B/45/06/ML, Ross, Part of Lot 6, Concession 9, Part 4, Plan 35R-6361, (Medora), 4-6- 002. The hearing was adjourned on September 7, 2006.

Mr. Pink explained the history, nature, and location of the application/property. A site specific evaluation was completed which indicated there would be no impact to the water quality of the lake, subject to certain conditions.

Submissions were received as follows:

ii) Letter from the District Municipality of Muskoka, Planning and Economic

Minutes – Committee of Adjustment – May 14, 2007, Page #8 Minutes – Committee of Adjustment – May 14, 2007

Development Department, stating they had no objection to the application subject to conditions. Mr. Pink read the letter, a copy of which is attached.

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

Resolution Number: CA-11-014/05/2007

Member Ellis – Member Pryke: Be it resolved that Consent be granted for Application B/45/06/ML, (Ross), 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 applicants enter into a Consent Agreement with the Township under Section 51(26) of the Planning Act wherein the applicants agree to the recommendations as outlined in the Water Quality Impact Assessment. This agreement is to be registered on title.

4. The subject lands be brought into conformity with the Zoning By-law by means of rezoning to Waterfront Residential (WR5).

5. That an amendment to the Zoning By-law be approved to increase the front yard setback to 100 feet for all primary buildings on both the Severed and Retained lands.

6. The existing filter bed servicing the boathouse be decommissioned and replaced with a new filter bed to be located as specified in the Water Quality Impact Assessment.

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.

Approved.

b. B/61/06/ML, Burgess, Part of Burgess Island, Lake Joseph, (Medora), 4-24-035-10. The hearing was adjourned on October 18, 2006.

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

Submissions were received as follows:

iii) Letter from the District Municipality of Muskoka, Planning and Economic Development Department, stating they had no objection to the application subject to conditions. Mr. Pink read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – May 14, 2007, Page #9 Minutes – Committee of Adjustment – May 14, 2007

Mr. Bill Grimmett, Agent, Box 365, Port Carling, Ontario, P0B 1J0, attended the meeting along with Mr. Bill Burgess also attended. Mr. Grimmett indicated that they agree to all of the conditions.

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

Resolution Number: CA-12-14/05/2007

Member Pryke – Member Ellis: Be it resolved that Consent be granted for Application B/21/07/ML, (Josh McDermott & Sons Ltd.,), 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 severed lot is to be joined in title to the abutting property.

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. Report from Development Planner, re: Lake System Health Program Implementation.

Mr. Pink explained the attached report. Staff is currently implementing Lake System Health Program in the Official Plan and Zoning by-law update.

Committee indicated concerns that lot specific reports and studies will be timely and costly to both staff and applicants.

12. New Business

None.

13. Statistics

None.

Minutes – Committee of Adjustment – May 14, 2007, Page #10 Minutes – Committee of Adjustment – May 14, 2007

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA- 13 -14/05/2007

Member Mallin –Member Pryke: Be it resolved that the meeting adjourn at 10:47 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – May 14, 2007, Page #11 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 4, 2007, 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 - Development Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant

Council Members Present:

Liz Denyar

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-01-4/06/2007

Member Edwards - Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated June 4, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated May 14, 2007, is attached.

Resolution Number: CA-02-4/06/2007

Member Edwards– Member Ellis: Be it resolved that the minutes dated May 14, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. Mr. John Jackson, Agent, attended at 10:30 a.m. re: Item 10.a., Unfinished Business, Stivrins and Maile.

b. Mr. Gerald Wise, Agent, did not attend at 10:45 a.m. re: Item 10.b., Unfinished Business, Salter.

TEMP - Minutes – Committee of Adjustment – June 4, 2007, Page #1 Minutes – Committee of Adjustment – June 4, 2007

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

a. B/93/06/ML, Munro, Part of Lots 13 and 14, Concession 11, (Medora), 4-12-039.

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

ii) Letter from Ms. Sherry Taylor Drew, a copy of which is attached.

Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Ms. Ghikadis distributed a sketch of the subject property, demonstrating a revised lot configuration with a more balanced apportionment of the severed and retained lots. She indicated the property is large in size and has 2500 feet of water frontage. Ms. Ghikadis requested that Committee give consideration to the new lot configuration, and indicated there are no intentions to develop the severed lot. The neighbour will be purchasing the parcel and intends to keep it as green space. Ms. Ghikadis indicated a 100-foot setback was applicable only to the severed lot.

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

Committee agreed the 100-foot setback be imposed on the severed lot only. Committee questioned how the natural vegetation at the shoreline would be controlled and maintained.

Mr. Pink indicated there would be a 30-metre (100 ft.) shoreline vegetation buffer included in the Consent Agreement.

Resolution Number: CA-03-04/06/2007

Member Ellis– Member Edwards: Be it resolved that Consent be granted for Application B/93/06/ML, (Munro), 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 lots, or the entire lands, whichever is less. 3. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage system be corrected to the satisfaction of the Township. 4. The applicants enter into a Consent Agreement with the Township under Section 51(26) of the Planning Act wherein the applicants agree to the recommendations as outlined in the Water Quality Impact Assessment. This agreement is to be registered on title.

Minutes – Committee of Adjustment – June 4, 2007, Page #2 Minutes – Committee of Adjustment – June 4, 2007

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 an amendment to the Zoning By-law be approved to increase the front yard setback to 100 feet on the Severed lands. 7. That an amendment to the Zoning By-law be approved to restrict the location of docks and boathouses on the Severed lands as per the recommendations in the Water Quality Impact Assessment. 8. That mainland access be confirmed. REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. b. B/33/07/ML, Emmons, Part of Lot 24, Concession 7, (Watt), 2-10-69.

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

Ms. Joan Emmons, Agent, 2138 Windermere Rd., RR#2, Utterson, Ontario, P0B 1M0 attended the meeting. Ms. Emmons briefly outlined the proposal.

Committee had no questions.

Resolution Number: CA-04-4/06/2007

Member Edwards–Member Ellis: Be it resolved that Consent be granted for Application B/33/07/ML, (Emmons), provided the following conditions are fulfilled:

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

Minutes – Committee of Adjustment – June 4, 2007, Page #3 Minutes – Committee of Adjustment – June 4, 2007

2. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 3. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage system(s) be corrected to the satisfaction of the Township. 4. The retained lot be brought into conformity by way of an amendment to the by-law to recognize the reduced lot area. 5. A three metre (10 foot) road widening across the frontage of both the severed and retained lands be dedicated to the District Municipality of Muskoka for road widening purposes. 6. The lands be subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O., 1990, as amended, respecting the location of wells on the property in relation to the Muskoka Road.

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

Carried.

7. Hearing of Consent Applications

a. B/34/07/ML, 980357 Ontario Inc., Part of Lot 22, Concession 7, Part 1, Plan 35R-21014, (Monck), 9-4-059-10.

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

ii) Letter from Mr. Bill Grimmett, requesting the application be withdrawn and application fees refunded. A copy of which is attached.

Ms. Lisa Overholt, Agent, RR#3, Port Carling, Ontario, P0B 1J0, attended the meeting to request a refund of the application fees.

Minutes – Committee of Adjustment – June 4, 2007, Page #4 Minutes – Committee of Adjustment – June 4, 2007

Mr. Gordon Skilliter, 87 Fittons Rd. West, Orillia, Ontario, L3B 7A1, attended in support of the application.

Mr. A.L. Skilliter, GD 2026 Muskoka Rd. 118, Milford Bay, ON, P0B 1E0, attended in opposition to the application. Mr. Skilliter noted concerns with any new entrance off Muskoka Road 118 and the amount of area being used for commercial purposes on the abutting lot.

Committee agreed that 45% of the application fee be refunded since the application had already been circulated. b. B/35/36/37/07/ML, Laurence Development (Oviinbyrd Forest) Inc., Part of Lots 3 and 4, Concession 7, Lots 5 and 6, Plan 35M-708, (Medora), 4-1-044.

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

Mr. Greg Corbett, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Mr. Corbett indicated that the applicants have included a 50- foot buffer around the area that has been identified as habitat for five threatened species, and classified as an Environmentally Protected Zone. Mr. Corbett requested that Committee approve the application and require a site-specific study as a condition of consent.

Committee held a brief discussion and concluded that they did not wish to approve the application at this time and resolved to adjourn this application until the proper environmental studies were completed.

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

Resolution Number: CA-05-4/06/2007

Member Ellis – Member Edwards: Be it resolved that Consent Applications B/35/36/37/07/ML be adjourned for the satisfactory review of the proposed road re-alignment by a qualified consultant, which demonstrates that there will not be a negative impact to the significant habitat of threatened species.

Carried. c. B/38/07/ML, Laundry, Part of Lot 30, Concession 4, Part 2, Plan 35R-20498, (Port Carling), 5-3-061-50.

Mr. Pink 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 – June 4, 2007, Page #5 Minutes – Committee of Adjustment – June 4, 2007

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

Ms. Heather Lusk, agent, Box 365, Port Carling, ON P0B 1J0, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-06-4/06/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/38/07/ML, (Laundry), provided the following condition is fulfilled:

1. A registerable description (deed) of the easement 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.

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

Mr. William Burton, 1159 Island Park Rd., Port Carling, ON P0B 1J0, attended the meeting, in support of the application.

No one attended in opposition to the application.

Committee had no questions.

Minutes – Committee of Adjustment – June 4, 2007, Page #6 Minutes – Committee of Adjustment – June 4, 2007

Resolution Number: CA-07-4/06/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/39/07/ML, (Bethune), provided the following conditions are fulfilled:

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

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

Carried. e. B/40/07/ML, Pyatt/Su, Part of Lot 18, Concession 20, (Wood), 8-16-053.

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

ii) Report from Building Inspector, re: sewage systems. Mr. Pink read the report, a copy of which is attached.

Mr. Marshall Pyatt, applicant, 20 Riverglen Drive, Keswick, ON L4P 2P8, attended the meeting. Mr. Marshall indicated the reasons for the application.

Committee discussed the application and agreed they would prefer to have the site evaluation report prepared prior to making any decisions.

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

Minutes – Committee of Adjustment – June 4, 2007, Page #7 Minutes – Committee of Adjustment – June 4, 2007

Resolution Number: CA-08-4/06/2007

Member Mallin – Member Edwards: Be it resolved that Consent Application B/40/07/ML, (Pyatt & Su) be adjourned for the completion of a satisfactory site evaluation report, which demonstrates that there will not be a negative impact to the Area of Natural and Scientific Interest.

Carried.

8. Hearing of Minor Variance Applications

a. A-29/07, Reeves, Part of Lot 20, Concession 7, Lot 5, Pan 41, Part 2, Plan RD-949, (Medora), 4-11-109.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. Geoffry Reeves, 78 Chatsworth Dr., Toronto, Ontario, M4R 1R7, attended the meeting. Mr. Reeves indicated he had wanted to install a railing along the roof of the boathouse several years ago, and now feels a peaked roof would be more suitable.

Committee discussed the merits of the application and concluded it would be an improvement.

No one attended in support or opposition to the application.

Resolution Number: CA-09 -04/06/2007

Member Mallin - Member Edwards: Be it resolved that Application A- 29/07, Reeves, to allow for the construction of a new roof line on a non- complying structure, that will increase its height from 8.5 feet to 12.5 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

b. A-30/07, Bowen, Part of Lot 24, Concession 7, Lot 30, Plan M-340, (Wood), 6-6-030.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. John Bowen, 19 Glen Meadow Ct., Toronto, Ontario, M9B 5B9, attended the meeting. Mr. Bowen provided a brief review of his application.

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

Committee had no questions.

Minutes – Committee of Adjustment – June 4, 2007, Page #8 Minutes – Committee of Adjustment – June 4, 2007

Resolution Number: CA-10-04/06/2007

Member Ellis - Member Edwards: Be it resolved that Application A-30/07, Bowen, to allow for the reconstruction of a boathouse with an increased height from 7’6” to 9’4”, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

c. A-31/07, Badida, Part of Lot 4, Concession 12, Parts 2-5, Plan 35R-21274, (Watt), 2-18- 069.

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

Notice of the Hearing was circulated 10 days prior.

Submissions received were as follows:

i) Mr. Martin and Maryanne Malinowski, a copy of which is attached.

Mr. Peter Singleton, 1291-16 Skeleton Lake Rd #2,Utterson, Ontario, P0B 1M0, attended the meeting. Mr. Singleton explained he had some concerns with the actual height of the deck, and indicated that that there may be three levels.

Mr. Philip Wood, Agent, 1630 Cedar Lane, RR2, Bracebridge, Ontario, P1L 1W9, attended the meeting. Mr. Wood distributed elevation drawings, a copy of which is attached. Mr. Wood indicated the deck would be 10 to 11 feet height with a walkout area under the deck.

Mr. William A. Marshall, 1291 Skeleton Lake Road, Utterson, Ontario, P0B 1M0. Mr. Marshall indicated he had concerns due to the narrowness of the lot and the visual impact of the new cottage and deck, since it will be quite larger than the existing structure.

Mr. Pink indicated that the current application is only for the front yard encroachment.

Committee discussed the application and determined that they would like to implement site plan control as a condition.

Resolution Number: CA-11-04/06/2007

Member Mallin – Member Edwards: Be it resolved that Application A- 31/07, Badida, to allow for the construction of a deck that is to be 32 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 depicting satisfactory plantings and securities.

Carried.

9. Correspondence

None.

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10. Unfinished Business

a. B/09/10/11/06/ML, Stivrins and Maile, Part of Lots 31 and 32, Concession 14, Part 2, Plan 35R-7741, (Watt), 2-27-048-10, 2-27-042-01.

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

No submissions were received.

Committee Members Edwards and Mallin were unable to participate in this discussion due to not being on Committee at the time this application was originally heard.

Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, Ontario, P2A 2M6, attended the meeting and distributed documentation to Committee, copies of which are attached. Mr. Jackson indicated that the Official Plan’s Waterfront designation is described as extending 500 feet back from a waterbody. Mr. Jackson did not agree that these three lots are functionally or physically related to the waterfront and are therefore within the rural designation. Mr. Jackson went on to explain that the Official Plan indicates that when the designation is not clear the zoning by-law will prevail and these lots are zoned rural.

Mr. Pink indicated the intent of these new lots are to gain a view of the lake, therefore, they are functionally related to waterfront.

Committee agreed the current setback should stand, and this issue should be forwarded to the Official Plan Steering Committee and be clarified in the Official Plan.

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

Resolution Number: CA-12-04/06/2007

Member Ellis – Chair Hare: Be it resolved that Consent be granted for Applications B/09/10/11/06/ML, (Stivrins/Maile), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lots (including all required rights-of way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage system(s) be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lots, or the entire lands, whichever is less. 4. That Application B/09/06/ML be finalized prior to Applications B/10/11/06/ML. 5. That Stivrins severed Lot #1 is to be joined in title to the abutting property. 6. That Maile retained Lot #2 is to be joined in title to the abutting lot. 7. That either a minimum setback of 300 feet be imposed from the proposed southerly lot lines of Maile retained Lot #1, Stivrins retained Lot #1, and Maile

Minutes – Committee of Adjustment – June 4, 2007, Page #10 Minutes – Committee of Adjustment – June 4, 2007

severed Lot #2, or an area of this depth be rezoned to Open Space (OS2) or lot lines be reconfigured to these points. 8. That the sleeping cabin be relocated to Maile severed Lot #1 or removed.

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

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

Approved.

b. B/13/07/ML, Salter, Part of Lot 16, Concession 7, Parts 1-5, Plan 35R-9933, Part 1, Plan 35R-18536, (Medora), 4-11-024-04, 4-11-025.

Mr. Fahner indicated that a water lot, located in front of the severed lot, was not included in the original application and should be included. This was for Committee’s information and a resolution was required to add a condition to the decision.

No submissions were received.

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

Committee had no questions

Resolution Number: CA-13-4/06/2007

Member Ellis– Member Edwards: Be it resolved that the decision of the Committee of Adjustment dated April 2, 2007, for Application B/13/07/ML, (Salter), is hereby amended:

Condition Number 2 is added:

2. That the water lot be included with the severed lands.

EXPLANATION OF CHANGES: Through a review of the deeds, it was found that a water lot is located in front of the severed land.

Carried.

11. Information Items

None.

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12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-14-04/06/2007

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 11:05 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – June 4, 2007, Page #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, June 25, 2007, 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 9:01 a.m.

2. Adoption of Agenda

a. Resolution Number: CA-01-25/06/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated June 25, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated June 4, 2007, is attached.

Resolution Number: CA-02-25/06/2007

Member Mallin – Member Pryke: Be it resolved that the minutes dated June 4, 2007, be adopted and approved as amended.

Carried.

Item 15.a., Resolution CA-14-04/06/2007 was seconded by Member Edwards not Member Pryke.

5. Delegations

a. None.

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

a. B/40/07/ML, (Randall), Part of Lot 16, Concession 8, (Medora), Lake Joseph, Roll #'s 4- 11-027 and 4-11-026-01.

Mr. Pink 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. Pink read the letter, a copy of which is attached. ii) Report from Building inspector, Sandy Bos, re: sewage system. Mr. Pink read the report, a copy of which is attached.

Mr. John Hiley, Agent, Coote, Hiley, Jemmett Ltd., 6 Dominion St., Bracebridge, Ontario, P1L 2A6, attended the meeting.

No one attended in support or opposition.

Committee had no questions.

Resolution Number: CA-03-25/06/2007

Member Mallin– Member Pryke: Be it resolved that Consent be granted for Application B/40/07/ML, (Randall), 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 leaching bed be maintained to be free of deep rooting vegetation. The steel pump tank integrity be verified by a licensed plumber.

3. That the subject properties be rezoned to Waterfront Residential (WR5-7) to bring the lots into conformity with the Official Plan and Zoning By-law.

4. The severed lot is to be joined in title with the abutting lot.

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

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Carried. b. B/41/07 ML, (Rutherford/Tarback), Part of Lot 12, Concession 1, (Cardwell), Skeleton Lake, Roll # 1-2-019.

Mr. Pink 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. Pink read the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos, re: sewage system. Mr. Pink read the report, a copy of which is attached. iii) Letter from Mark Blindner. Mr. Pink read the letter, a copy of which is attached.

Mr. John Gallagher, Agent, 1 Rice Lane, Huntsville, Ontario, P1H 1V4, attended the meeting. Mr. Gallagher indicated that he had met with staff for a pre-consultation to produce a proposal that complies with the zoning by-law with respect to existing structures.

Mr. Steve Jarrett, Uneek Designs, Agent, 12-75 Main Street W., Huntsville, Ontario, P1H 1X1, attended the meeting.

Committee questioned staff regarding the recommendation by the Building Inspector to deny this application, and expressed concerns regarding the timely removal of existing buildings to comply with the zoning by-law.

Mr. Pink indicated that problems identified by the Building Inspector could be corrected by reconfiguring the lot lines. The buildings are to be removed within one year as a condition of consent.

No one attended in support or opposition.

Resolution Number: CA-04-25/06/2007

Member Mallin –Member Pryke Be it resolved that Consent Application B/41/07/ML, (Rutherford/Tarback) be granted provided the following conditions are fulfilled:

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

3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage on the Severed and Retained lots.

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4. That the dock located nearest to the proposed lot line be removed or relocated in compliance with the zoning by-law.

5. That only one dwelling exist on the Severed lot in order to conform with Official Plan policies and comply with Comprehensive Zoning By-law 87- 87 requirements of one dwelling per lot.

6. That only one sleeping cabin exist on the Severed and Retained lots in order to conform with Official Plan policies and comply with Comprehensive Zoning By-law 87-87 requirements of one sleeping cabin per lot.

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

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

Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Ave., Bracebridge, Ontario, P1L 1Z8, attended the meeting. Ms. Ghikadis, explained the history, nature and location of the application/property, noting the road widening to relocate the snowmobile trail that had been located on the property at one time.

No one attended in support or opposition.

Committee had no questions.

Resolution Number: CA-05-25/06/2007

1. Member Pryke–Member Mallin: Be it resolved that Consent Application B/42/43/44/45/07/ML, (Hall) be granted provided the following conditions are fulfilled:

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

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

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

5. That Severed lot #1 be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and lot area.

6. That Severed lot #4 be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage.

7. A three metre (10 foot) road widening across the frontage of both the severed and retained lands be dedicated to the District Municipality of Muskoka for road widening purposes.

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

9. 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.

10. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. 11. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried.

7. Hearing of Consent Applications

a. B/46/07/ML, (Barrie), Part of Lot 15, Concession 7, Parts 2 and 4, Plan 35R-19933, (Cardwell), Roll # 1-4-138.

Mr. Pink 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. Pink read the letter, a copy, of which is attached. ii) Report from Building Inspector, Sandy Bos, re: sewage system, a copy of which is attached.

Minutes – Committee of Adjustment – June 25, 2007, Page #5 Minutes – Committee of Adjustment – June 25, 2007

Mr. Kurt Barrie, Applicant, 50 Village Hill Rd., RR #1, Port Sydney, Ontario, P0B 1L0, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-06-25/06/2007

Member Pryke – Member Mallin: Be it resolved that Consent Application B/46/07/ML, (Barrie) be granted 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 subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law to recognize the reduced frontage along Rosseau River for the retained lot.

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

Mr. Pink 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 – June 25, 2007, Page #6 Minutes – Committee of Adjustment – June 25, 2007

Mr. Bill Grimmett, Agent, Box 365, 61 Joseph Street, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Grimmett explained the history, nature, and location of the application/property, and submitted photographs.

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

Committee asked Mr. Grimmett about the location of the road.

Mr. Grimmett indicated the location of the right-of-way will change slightly.

Resolution Number: CA-07-25/06/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/47/48/49/07/ML, (Burgess), 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.

2. The applicant enters into a Consent Agreement pursuant to Section 51(26) of the Planning Act regarding sediment fencing on the subject land. This Agreement is to be registered on title.

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.

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

Notice of the Hearing was circulated 17 days prior.

Submissions were received as follows:

Mr. Doug Maddock, Applicant, Box 741, Bala, Ontario, P0C 1A0, attended the meeting.

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

Minutes – Committee of Adjustment – June 25, 2007, Page #7 Minutes – Committee of Adjustment – June 25, 2007

Committee raised questions regarding the availability of sewage/building permits.

Mr. Pink indicated the standard approvals would be required.

Resolution Number: CA-08-25/06/2007

Member Edwards – Member Ellis: Be it resolved that Consent Application B/50/07/ML, (Maddock/Luzzi) be granted provided the following conditions are fulfilled:

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

3. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree not to utilize public parking and docking facilities as the principal means of access to the subject property. This Agreement is to be registered on title.

4. That mainland access be confirmed.

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

8. Hearing of Minor Variance Applications

a. A-32/07, MacDonald, Part of Lot 33, Concession 4, (Port Carling), 5-7-067.

Mr. Pink explained the history, nature and location of the application/property. Mr. Pink noted a number of inconsistencies with the lot dimensions and had requested survey information. It was discovered that the size of the lot complies, however, the frontage is insufficient. A further variance to the minimum lot frontage is required.

Notice of the Hearing was circulated 11 days prior.

No Submissions were received.

Minutes – Committee of Adjustment – June 25, 2007, Page #8 Minutes – Committee of Adjustment – June 25, 2007

Mr. David Wemyss, Agent, 29 Legion Ave., Hamilton, Ontario, L9V 1S5, attended the meeting. Mr. Wemyss noted the dwelling has been relocated due to the location of the septic system and the garage is not a carport.

Mr. Al Murley, 18 Silver Lane, PO Box 536, Port Carling, Ontario, P0B 1J0, attended the meeting in support of the applicant.

No one attended in opposition to the application.

Committee indicated this application be adjourned until the correction to lot frontage is made.

Adjourned.

b. A-33/07, Schooner Island Partnership, Schooner Island, Lake Joseph, (Medora), Roll # 4-24-014.

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

Notice of the Hearing was circulated 11 days prior.

No submissions were received.

Ms. Angela Ghikadis, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Ms. Ghikadis submitted photographs to Committee. She indicated the proposed changes bring the lot closer to compliance with the zoning by-law.

No one attended in support or opposition to the application.

Committee had no questions.

Resolution Number: CA-9-25/06/2007

Member Ellis – Member Edwards: Be it resolved that Application A-33/07, Schooner Island Partnership, to allow for the reconstruction of a boathouse on an island that has 217 feet of frontage, a lot coverage of 14.4% and to allow a cumulative width of docks to be 100 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

c. A-34/07, DJG Management Inc., Part of Lot 4, Concession 14, Part 2, Plan BR-750, (Medora), Roll # 4-8-064.

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

Minutes – Committee of Adjustment – June 25, 2007, Page #9 Minutes – Committee of Adjustment – June 25, 2007

Notice of the Hearing was circulated 11 days prior.

Submissions received: i) Letter from Catherine Leak, requesting notification of decision.

Mr. David Green, 399A Spadina Ave., Suite #1, Toronto, Ontario, M5T 2G6, attended the meeting.

Ms. Marlene Green, 173 Dunvegan Road, Toronto, Ontario, M5P 2P1, attended the meeting.

Mr. Paul Palmer, 1 Chedington Place, Suite 4B, North York, Ontario, M4N 3R4, attended the meeting in opposition. Mr. Palmer indicated the variances are not minor and would have a negative impact due to the narrow and confined bay.

Mr. Bruce Rhodes, 3, Tollbar Court, Richmond Hill, Ontario, L4C 9J4, attended the meeting in opposition. Mr. Rhodes indicated the size of the bay is too small for this much development and this variance is not minor in nature.

Committee questioned, if a two-storey boathouse is permitted, will this be another sleeping cabin located on the property?

Mr. Pink confirmed the existing sleeping cabins would have to be removed.

Committee questioned if the current boathouse is visible from neighbouring properties.

Mr. Rhodes indicated the boathouse is visible from the dock. They own an adjacent vacant property and has concerns regarding the visual impact from that site when they eventually build.

Mr. Green indicated the new construction will be moved back for privacy. He also noted he would like to keep one of the sleeping cabins until the completion of the project to be used as a construction office.

Committee indicated the sleeping cabins must be removed prior to the issuance of a building permit.

Ms. Marlene Green indicated they would do their best to make the structure visually appealing, and didn’t feel the proposal would upset the neighbours.

No one attended in support.

Resolution Number: CA-10-25/06/2007

Member Ellis – Member Edwards: Be it resolved that Application A-34/07, DJG Management Inc., to allow for he construction of a second storey on the existing one storey boathouse on a lot that has 245 feet of frontage, to allow the second storey to be 61’1” in length and to allow the second storey to be 24 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the removal of the two existing sleeping cabins prior to the issuance of a building permit.

Carried.

Minutes – Committee of Adjustment – June 25, 2007, Page #10 Minutes – Committee of Adjustment – June 25, 2007

d. A-35/07, Jeffries, Part of Lot 23, Concession B, Parts 2-4, Plan 35R-14087, (Watt), Roll # 2-13-054.

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

Notice of the Hearing was circulated 10 days prior.

Submissions:

i) The Ministry of Transportation indicated no objection, a copy of which is attached.

Ms. Joanne Jefferies, 2174 Hwy 141, RR #1, Utterson, Ontario, P0B 1M0,attended the meeting.

Committee had no questions.

No one attended in support or opposition to the application.

Resolution Number: CA-11-25/06/2007

Member Ellis – Member Edwards: Be it resolved that Application A-35/07, Jeffries, to allow for the construction of an addition to the existing dwelling along with a deck that is to be 71 feet from the front lot line (at the closest point) which will result is a lot coverage of 11%, 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 located to the rear of the dwelling and will not be visible from the highway, the property is located in the rural area, the addition may provide some privacy from the neighbouring property and the neighbours did not indicate any concerns.

e. A-36/07, Touchstone on Lake Muskoka Inc., Part of Lots 18 and 19, Concession 6, Parts 9-11 and 20, Plan 35R-18077, (Monck), Roll # 9-3-027.

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

Notice of the Hearing was circulated 11 days prior.

Submissions:

i) Petition of support, a copy of which is attached. ii) Letter in opposition, from Mr. & Mrs. Rand, a copy of which is attached. iii) Letter in opposition, from Mr. & Mrs. Sisam, a copy of which is attached. iv) Letter in opposition, from Muskoka Tri-Island Residential Group Incorporated, a copy of which is attached. v) Letter of support, from Pine Island cottagers Association, a copy of which is

Minutes – Committee of Adjustment – June 25, 2007, Page #11 Minutes – Committee of Adjustment – June 25, 2007

attached. vi) Letter of support, from Tye and Janet Burt, a copy of which is attached. vii) Letter of opposition, from Fred and Ursula Franklin, a copy of which is attached. viii) Letter of opposition, from Mr. Geoffrey M. Shier, a copy of which is attached.

Mrs. Margaret Walton, Agent, Planscape, 104 Kimberley Ave, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Mrs. Walton indicated when the original site plan was submitted the buildings were measured from the existing waterline, not the present high watermark. Mrs. Walton explained the options, and concluded that where the buildings are proposed is the best location to avoid any damage to the existing vegetative buffers by further blasting.

Mr. Walter Thompson, 1865 Highway #118, Bracebridge, Ontario, P0B 1E0, attended the meeting. Mr. Thompson indicated Touchstone had exercised extreme care when the original lay-out and blasting plans were done to reduce the amount blasting. Extra time and money was spent to make as minimal an impact as possible to the land. He also indicated they had met with all the neighbours to address any concerns they may have.

Mr. Meredith Coates, 38 Wyldewood Road, General Delivery, Milford Bay, Ontario, P0B 1E0, attended the meeting in opposition. Mr. Coates indicated it is difficult to believe a company of this nature could have made the mistake in measuring.

Ms. Nancy R. Thompson, 6 Wyldewood Road, General Delivery, Milford Bay, Ontario, P0B 1E0, attended the meeting. Ms. Thompson indicated that she was incredulous to the fact that this type of large mistake could happen.

Ms. Sally McCulloch, 1901 Hwy 118 W, Bracebridge, Ontario, P0B 1C0, attended the meeting in opposition. Ms. McCulloch indicated that she has reservations about granting any more exemptions due to the fact that they have ignored previous agreements such as agreeing not to blast prior to 7a.m. or past 7p.m., and questioned what deviations will happen next.

Ms. Mary Campbell, 28 Bunty Lane, Toronto, Ontario, M2K 1W6, attended the meeting in opposition. Ms. Campbell indicated she had requested to be contacted regarding applications made by Touchstone. She explained that with all the on-going work at Touchstone she has to yell when outdoors to be able to be heard. She also noted that they should adjust the buildings and not blast anymore.

Mr. Fahner indicated that under the Planning Act, a request for notice must be specific to the application, however, staff chose to circulate to those who were on the list for a previous application. Some of the persons requesting information were overlooked.

Mr. Rick Durst, of 12 Wyldwood Road, Milford Bay, Ontario, P0B 1E0, attended the meeting. Mr. Durst indicated that more of this type of development will impede the local economy and set a precedent for future applications.

Committee raised questions about various aspects of the development, i.e. the height of the Cascades, the location of the parking areas, and visual impact. Committee also noted that we should learn from this and carefully examine measurements.

Resolution Number: CA-12-25/06/2007

Member Ellis – Member Edwards: Be it resolved that Application A-36/07, Touchstone on Lake Muskoka Inc., to allow for the construction of

Minutes – Committee of Adjustment – June 25, 2007, Page #12 Minutes – Committee of Adjustment – June 25, 2007

Accommodation Buildings (referred to as the “Cascades”) too close to the high water mark. Cascade Building No.1 is to be 50 feet from the high water mark. Cascade Building No. 2 and 3 are to be 52 feet from the high water mark. The proposed Main Lodge is to be 62 feet from the high water mark. This application is hereby approved, as shown on the plan attached to the Notice of Decision.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. Change in Conditions, B/45/06/ML (Ross) – application was approved May 14, 2007.

Staff indicated that Condition Number 2 (Cash-in-lieu of Parkland) be removed as there is existing development on both of the proposed lots and no vacant lots are being created.

Members Anna Mallin and Allan Edwards did not vote on this resolution.

Resolution Number: CA-13 -25/06/2007

Member Pryke – Member Ellis : Be it resolved that the decision of the Committee of Adjustment dated May 14, 2007, for Application B/45/06/ML, (Ross), is hereby amended by deleting Condition Number 2 (cash-in-lieu of parkland).

EXPLANATION OF CHANGES: Through a review of the file, it was found that existing development is to be contained on both the severed and retained lots and cash-in-lieu of parkland should not have been imposed as a condition.

Carried.

b. Change in Conditions, B/12/07/ML, (Martin), Part of Lot 30, Concession 1, Part 1, Plan 35R-21720, (Medora), 4-21-005. This application was approved at the Committee of Adjustment Hearing held on April 2, 2007.

This matter was not required.

11. Information Items

None.

Minutes – Committee of Adjustment – June 25, 2007, Page #13 Minutes – Committee of Adjustment – June 25, 2007

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-14 -25/06/2007

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 12:16 p.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – June 25, 2007, Page #14 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Monday, July 16, 2007, 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 J. McMullen - Senior Planner Karen Ellis A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant Susan Pryke

1. Meeting Called to Order

Chair Hare called the meeting to order at 9:10 a.m.

2. Adoption of Agenda

a. Resolution Number: CA-01-16/07/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated July 16, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated June 25, 2007, is attached.

Resolution Number: CA-02-16/07/2007

Member Pryke – Member Mallin: Be it resolved that the minutes dated June 25, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. None.

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

a. None.

Minutes – Committee of Adjustment – July 16, 2007, Page #1 Minutes – Committee of Adjustment – July 16, 2007

7. Hearing of Consent Applications

a. B/52/07/ML, Wilkinson, Part of Lot 12, Concession A, (Watt), Roll # 2-13-073

Mr. McMullen explained the history, nature, and location of the application/property. He indicated the lot lines will be slightly changed.

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. McMullen reviewed the letter, a copy, of which is attached. ii) Report from Building Inspector, Sandy Bos, re: sewage system. Mr. McMullen reviewed the report, a copy of which is attached. iii) Stamped Notice from Ministry of Transportation indicating no objection, a copy of which is attached. iv) Letter from Miller Paving, neighbouring property, indicating no objection, Mr. McMullen read the letter, a copy of which is attached.

Mr. Kevin Wilkinson, Applicant, 60 Patterson, R.R. #2, Utterson, Ontario P0B 1M0, attended the meeting.

No one attended in support of opposition.

Committee asked the Applicant if they were aware of the aggregate operation on the neighbouring property.

Mr. Wilkinson indicated they were aware of the operation.

Resolution Number: CA-03-16/07/2007

Member Mallin – Member Pryke: Be it resolved that Consent Application B/52/07/ML, (Wilkinson) be granted provided the following conditions are fulfilled:

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

3. The structures labeled A, B, C and D1, on the severance sketch 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.

Minutes – Committee of Adjustment – July 16, 2007, Page #2 Minutes – Committee of Adjustment – July 16, 2007

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

Notice of the Hearing was circulated18 days prior.

Submissions were received as follows:

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. McMullen reviewed the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos, re: sewage system, Mr. McMullen reviewed the report, a copy of which is attached.

Mr. Greg Corbett, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Mr. Corbett indicated the road is constructed and the right- of-way exists with minor changes. He noted that Dr. Hutchinson, of Gartner Lee Limited, would supply a letter indicating the location will not be disruptive to the identified sensitive areas.

Committee agreed to adjourn this matter until a report is submitted by a qualified consultant, confirming the proposed right-of-way will not have a negative impact on the identified sensitive area.

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

Resolution Number: CA-04-16/07/2007

Member Pryke – Member Mallin: Be it resolved that Application B/53/07/ML, (Lee) be adjourned in order for a biologist to review and confirm that the construction of the road has no negative impacts on the significant habitat identified in this area.

Carried. c. B/54/07/ML, Taylor/Ferguson/Ecclestone/Kirkpatrick, Innesskirk Island, Lake Muskoka, (Wood), Roll # 6-27-033.

Mr. McMullen 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 – July 16, 2007, Page #3 Minutes – Committee of Adjustment – July 16, 2007

i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. McMullen read the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos, re: sewage system, Mr. McMullen reviewed the letter, a copy of which is attached.

Ms. Angela Ghikadis, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Ms. Ghikadis reviewed the purpose and intent of the application, and indicated there is mainland access that would be deeded.

David Jarvis, Neighbour, (1171 Hardy Lake Rd), 55 St. Ives Crescent, Toronto, Ontario, M4N 3B5. Mr. Jarvis indicated his property is adjacent to the mainland property of the applicant, and is concerned with the possibility of future severances and development that would turn the lot into a public docking area.

Ms. Ghikadis indicated mainland access would be deeded to the severed and retained properties in this application, which is one additional lot at this time.

Committee questioned if this is an appropriate use of the mainland property since it is zoned Waterfront Residential, and since it is being used as multiple docking?

Ms. Ghikadis indicated there are multiple owners of the island, and they have always used this as a Waterfront Landing.

Mr. Fahner indicated the island currently has three dwellings, and is accessed by this mainland property and is only used as access. Committee may wish to consider deferring this application to examine the Waterfront Landing and consider rezoning the mainland property. He also indicated the number of parking spaces and docks could be limited, but imposing restrictions, such as two vehicles per dwelling would be difficult to monitor.

Ms. Ghikadis explained the purpose of the application was to resolve a family legal matter, and is a court ordered settlement.

Committee adjourned this hearing in order to clarify access.

No one attended in support of the application.

8. Hearing of Minor Variance Applications

a. A-32/07, Amended, MacDonald, Part of Lot 33, Concession 4, (Port Carling), 5-7-067.

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

Notice of the Hearing was circulated10 days prior.

No Submissions were received.

Mr. David Wemyss, Agent, 29 Regent Avenue, Hamilton, Ontario, L9B 1S5,

Mr. Al Murley, Neighbour, Box 536, Port Carling, Ontario, P0B 1J0, attended the meeting in support of the application.

Mr. McMullen indicated the property was subject to site plan approval.

Minutes – Committee of Adjustment – July 16, 2007, Page #4 Minutes – Committee of Adjustment – July 16, 2007

No one attended in opposition to the application.

Resolution Number: CA-06 -25/06/2007

Member Mallin - Member Pryke: Be it resolved that Application A-32/07 - Amended, Macdonald, to allow for the construction of a dwelling, deck and a carport on a lot that has 110 feet of frontage. Also, the dwelling is to be 57 feet (at the closest point) from the high water mark and the carport is to be 52 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. b. A-37/07, Charlton, Island W, Skeleton Lake, (Watt), Roll # 2-19-066.

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

Notice of the Hearing was circulated 11days prior.

No submissions were received.

Mr. Steve Jarrett, Uneek Designs, Agent, 75 Main Street West, Huntsville, Ontario, P1H 1x1, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-07-16/07/2007

Member Pryke – Member Mallin: Be it resolved that Application A-37/07, Charlton, to allow for the reconstruction of a new roof/upper sundeck to be five 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. c. A-38/07, Poyntz, Part of Lot 8, Concession 9, Lots 34, 34A, 35, 35A, Plan M-180, (Medora), Roll # 4-5-025-05.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. Jamie Robinson, Agent, Meridian Planning Consultants, 113 Collier Street, Barrie, Ontario, L4M 1H2, attended the meeting. Mr. Robinson explained the purpose and intent of the application.

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

Committee had no questions.

Minutes – Committee of Adjustment – July 16, 2007, Page #5 Minutes – Committee of Adjustment – July 16, 2007

Resolution Number: CA-11-16/07/2007

Member Edwards– Member Ellis: Be it resolved that Application A-38/07, Poyntz, to allow for the construction of a single storey boathouse zero feet from the side lot line and 16 feet from the Township road, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. d. A-39/07, Martino, Part of Lot 8, Concession D, (Bala), Roll # 7-7-076.

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

Notice of the Hearing was circulated 10 days prior.

Mr. Mike Martino, Owner, 54 Royal Oak Drive, Barrie, Ontario, L4N 7S5, attended the meeting. Mr. Martino explained a tornado had knocked down several trees and destroyed the deck. They would now like to construct a Muskoka Room where the deck existed. Mr. Martino noted he would remove the kitchen from the sleeping cabin.

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

Committee indicated they would approve this application providing the applicant remove the kitchen from the sleeping cabin and the applicant enter into a Site Plan Agreement to ensure plantings are completed.

Committee had no questions.

Resolution Number: CA-12-16/07/2007

Member Edwards – Member Ellis: Be it resolved that Application A- 39/07, Martino, to allow for the construction of an addition (Muskoka Room) which will result in a lot coverage of 8.7%, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the removal of the kitchen from the sleepoing cabin and a satisfactory site plan agreement being entered into regarding additional planting.

Carried.

e. A-40/07, Hudson, Part of Lot 30, Concession 3, Lot 35, Plan M-373, (Port Carling), Roll # 5-2-035.

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

Notice of the Hearing was circulated 10 days prior.

Submissions:

i) Letter from Shirley Hudson, requesting a refund of the application fee, Mr. McMullen read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – July 16, 2007, Page #6 Minutes – Committee of Adjustment – July 16, 2007

Ms. Shirley Hudson, Applicant, 55 Todham Road, Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Hudson explained that staff told her she did not need to show stairs on her previous application.

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

Committee indicated they would refund half the application fee.

Committee had no questions.

Resolution Number: CA-13-16/07/2007

Member Edwards – Member Ellis: Be it resolved that Application A- 40/07, Hudson, to allow for stairs and sundecks to be constructed on an undersized lot and to allow the stairs to be 11 feet from the exterior side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved, with a refund of one half of the fee.

Carried. f. A-41/07, Mindham, Part of Lot 17, Concession A, Part of Lot 26, Plan 5, Bala Park Island, Lake Muskoka, (Bala), Roll # 7-14-011

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

Notice of the Hearing was circulated 10 days prior.

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

Committee had no questions.

Resolution Number: CA-13-16/07/2007

Member Edwards – Member Ellis: Be it resolved that Application A- 41/07, Mindham, to allow the existing dwelling to be located 8.7 feet from the side lot line and the sundeck to be 7.6 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. g. A-42/07, Nairn/Coker, Part of Lot 32, Concession 3, Lot 20, Plan M-524, (Port Carling), Roll # 5-8-085-28

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

Notice of the Hearing was circulated 10 days prior.

Ms. Kelly Coker, Applicant, Box 243, Port Carling, Ontario, P0B 1J0, attended the meeting.

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

Committee had no questions.

Minutes – Committee of Adjustment – July 16, 2007, Page #7 Minutes – Committee of Adjustment – July 16, 2007

Resolution Number: CA-13-16/07/2007

Member Ellis – Member Edwards: Be it resolved that Application A- 42/07, Nairn/Coker, to allow for the construction of an addition 14 feet from the front lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

h. A-43/07, Sturino, Part of Lots 15 and 16, Concession B, Lot 58, Plan 16, Parts 1, 4-6, 18, 19, Plan 35R-11422, (Bala), Roll # 7-12-033.

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

Notice of the Hearing was circulated 10 days prior.

Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, Ontario, P0A 1M6, attended the meeting. Mr. Jackson indicated the existing sleeping cabin was originally used as a dry land boathouse, but after the construction of a new wet boathouse, the structure has been used as a sleeping cabin. When the applicants had new windows installed in the cabin, the Building Department issued a Stop Work Order. Mr. Jackson also noted there are no adverse impacts, and there are many sleeping cabins in this area. The property owner was also present.

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

In response to Committee’s question, staff indicated the cabin was 439 square feet, and prior to a building permit being issued the septic would be assessed.

Committee questioned staff if they could recommend plantings.

Mr. Fahner indicated that since this was an existing building they were unable to recommend plantings. In addition, it is in the Urban Centre designation.

Mr. Jackson indicated they would plant, and also noted the Applicant has been ordered to connect to municipal water services.

Resolution Number: CA-13-16/07/2007

Member Ellis – Member Edwards: Be it resolved that Application A- 43/07, Sturino, to allow a sleeping cabin in the Community of Bala and to allow the sleeping cabin on a lot that does not have proper frontage in a Community. The sleeping cabin is to be located two feet from a private right-of-way, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

10. Unfinished Business

Minutes – Committee of Adjustment – July 16, 2007, Page #8 Minutes – Committee of Adjustment – July 16, 2007

a. B/35/36/37/07/ML, Laurence Development (Oviinbyrd Forest) Inc., Part of Lots 3 and 4, Concession 7, Lots 5 and 6, Plan 35M-708, (Medora), Roll # 4-1-044. This application was adjourned at the hearing held on June 4, 2007.

Mr. Fahner indicated this application had been deferred until a report on environmental impact could be conducted. The study, conducted by Gartner Lee, has been completed and indicated the location of the road is satisfactory. There were, however, some recommendations, within the report, which should be incorporated into this approval.

Mr. Greg Corbett Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting.

Committee indicated the applicants should secure appropriate approvals prior to any work being initiated, and situations such as this should be scrutinized during the Official Plan review.

Resolution Number: CA-14-16/07/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/35/36/37/07/ML, (Laurence Development Inc.), provided the following condition is fulfilled

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. The implementation of the recommendations in the Gartner Lee report dated June 19, 2007.

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

None.

12. New Business

None.

13. Statistics

Minutes – Committee of Adjustment – July 16, 2007, Page #9 Minutes – Committee of Adjustment – July 16, 2007

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA- -16/07/2007

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 11:09 p.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – July 16, 2007, Page #10 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Friday, August 3, 2007, 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-01-03/08/2007

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated August 3, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated July 16, 2007, is attached.

Resolution Number: CA-02-03/08/2007

Member Ellis – Member Edwards: Be it resolved that the minutes dated July 16, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. Mr. Peter McWhirter and interested parties to attend at 10:45 a.m., re: Item 10.a., Unfinished Business, (McWhirter).

b. Mr. Greg Corbett, Agent, to attend at 11:00 a.m., re: Item 10.b., Unfinished Business, (Taylor, et al).

c. Mr. Greg Corbett, Agent, to attend at 11:15 a.m., re: Item 10.c., Unfinished Business, (Lee).

Minutes – Committee of Adjustment – May 14, 2007, Page #1 Minutes – Committee of Adjustment – August 3, 2007

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

a. None.

7. Hearing of Consent Applications

a. B/55/56/07/ML, MacCallum, Lots 9 and 10, Concession 7, (Monck), Roll # 9-1-021, 9-1- 022.

Mr. Pink 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. Pink reviewed the letter, a copy, of which is attached.

Mr. Gerald McNabb, Agent, 28 Daleman Drive, Bracebridge, Ontario, P1L 1A6, attended the meeting. Mr. McNabb 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-03-03/08/2007

Member Ellis – Member Edwards: Be it resolved that Consent Application B/55/56/07/ML, (MacCallum) be granted 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 lots, 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.

Minutes – Committee of Adjustment – August 3, 2007, Page #2 Minutes – Committee of Adjustment – August 3, 2007

a. B/57/58/07/ML, Brackley and 410928 Ontario Limited, Part of Lots 7 and 8, Concession 9, Lot 36, Part of Block D, Plan M-114, (Medora), Roll # 4-5-025-08, 4-5-049-01.

Mr. Pink 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. Pink reviewed the letter, a copy of which is attached.

Mr. Bill Grimmett, Agent, Box 365, 61 Joseph Street, Port Carling, Ontario, P0B 1J0, attended the meeting. Mr. Grimmett explained the roadway is existing and this application will legalize it.

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

Committee had no questions.

Resolution Number: CA-04-03/08/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/57/58/07/ML, (Brackley and 410928 Ontario Limited), provided the following conditions are fulfilled

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

2. 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 system(s) 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.

Minutes – Committee of Adjustment – August 3, 2007, Page #3 Minutes – Committee of Adjustment – August 3, 2007

8. Hearing of Minor Variance Applications

a. A-44/07, Zavitz, Part of Lot 12, Concession 13, Lot 2, Plan 10, (Watt), 2-21-045.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Marshall Zavitz, Owner, 756 Templemead Drive, Hamilton, Ontario, L8W 2V7, attended the meeting.

Ms. Jennifer May, neighbour, 2078 Oxford Avenue, Oakville, Ontario, L6H 4K7, attended the meeting in opposition to the application. Ms. May distributed documents to Committee, copies of which are attached. She indicated the submitted site plan is incomplete since the full original state of the boathouse, docks, and the waterfront deck are not illustrated. Ms. May also indicated the applicants had demolished the existing boathouse, cleared land, moved dock cribbing, all with no building permits. Ms. May explained the proposed structure would impact her privacy, be visually intrusive, an increased fire hazard, maintenance of her own boathouse would be difficult, and they will encroach on her property during construction of the new boathouse.

Mr. Zavitz indicated if the structure is built to comply, it would extend another 15 feet into the water and additional trees would need to be removed.

Committee questioned the Applicant if the dock cribbing had been moved and if they had considered relocating the boathouse to comply with the by-law. Mr. Zavitz indicated they had considered moving the structure to the 15-foot setback but it would be more costly and he did not want to impact the shoreline. He stated the cribs had been moved but it was not permanent.

Committee indicated it was possible for the boathouse to be in compliance with the Zoning By-law, therefore, they could not support the application.

No one attended in support of the application.

Resolution Number: CA-05 -03/08/2007

Member Ellis - Member Edwards: Be it resolved that Application A- 44/07, Zavitz, to permit the construction of a single storey boathouse to be located two feet from the side lot line, to be located 15 feet into the front yard and to permit a lot coverage of 10.1%, as shown on the plan attached to the Notice of Decision, is hereby approved.

Defeated.

b. A-45/07, Gillies and Devito, Part of Lot 5, concession 11, Parts 7 and 8, Plan 35R-7074, (Medora), Roll # 4-7-001.

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

Notice of the Hearing was circulated 10 days prior.

Minutes – Committee of Adjustment – August 3, 2007, Page #4 Minutes – Committee of Adjustment – August 3, 2007

No submissions were received.

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

Mr. Bernie Gillies, Applicant, 2059 Goldfinch Court, Oakville, Ontario, L6H 3Z5, attended the meeting and distributed an information package. Mr. Gillies explained the reasons for his application. He would like a sundeck and is very conscious of keeping the natural environment, having the design of boathouse in keeping with the character of area, and to have a minimal visual impact.

Committee questioned the Applicant if the lighting would be dark sky compliant. Mr. Gillies noted he would be willing to comply with any recommendations. Committee questioned staff if dark sky lighting could be included in the resolution. Mr. Fahner indicated it could be included.

Resolution Number: CA-06-03/08/2007

` Member Ellis – Member Edwards: Be it resolved that Application A- 45/07, Gillies and Devito, to permit a boathouse to be located 32 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. c. A-46/07, Baumgartner, Part of Lot 1, Concession 11, Lots 43 and 44, Plan M-67, Parts 3 and 7, Plan 35R-21076, (Medora), Roll # 4-7-080.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. Richard Baumgartner, Applicant, 1 Garnett Drive, Ajax, Ontario, L1S 4X9, attended the meeting. Mr. Baumgartner explained the history and reasons for the application.

Committee questioned the Applicant if the exterior lighting would be dark sky compliant. Mr. Baumgartner indicated he would comply.

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

Committee had no questions.

Resolution Number: CA-07-03/08/2007

Member Ellis – Member Edwards: Be it resolved that Application A- 46/07, Baumgartner, to permit the construction of an addition to the existing dwelling which will result in a lot coverage of 8.7%, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – August 3, 2007, Page #5 Minutes – Committee of Adjustment – August 3, 2007 d. A-47/07, 1433613 Ontario Inc., Part of Lot 33, Concession 7, Lot 15A, Plan 2, (Bala), Roll # 7-6-033.

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

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

Letter from Ms. Cynthia Hamill, in opposition, Mr. Pink read the letter a copy of which is attached.

Ms. Patricia Arney, Applicant, Box 36, Bala, Ontario, P0C 1A0, attended the meeting. Ms. Arney distributed documentation. Ms. Arney described the nature of the application and indicated the reasoning behind the proposed location of the dock. She noted she had spoken with Ms. Hamill’s spouse and indicated his support.

Ms. Cynthia Hamill, Neighbour, Box 310, Bala, Ontario, P0C 1A0, attended the meeting in opposition. Ms. Hamill, explained that their property is for sale and her husband is in support as long as it does not impede on their docking. Ms. Hamill distributed a photograph.

Committee questioned the Applicant if there was any way the dock could be built to comply. Ms. Arney indicated due to the location of the deck and it’s attachment to the breakwall, it is impossible.

No one attended in support of the application.

Resolution Number: CA-08-03/08/2007

Member Ellis – Member Edwards: Be it resolved that Application A- 47/07, 1433613 Ontario Inc., to permit the construction of a dock nine feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. e. A-48/07, Deike, Part of Lot 20, Concession B, Lot 28, Plan 38, (Wood), Roll # 6-21-086.

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

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

Letter from Ms. Pat Tait, in opposition, Mr. Pink read the letter, a copy of which is attached.

Mr. William Deike, Applicant, 125 Evans Avenue West, Gravenhurst, Ontario, P1P 1A6, attended the meeting.

Mr. Peter Brimblezombe, neighbour, 20 Mack Ave., Guelph, Ontario, attended in support. Mr. Brimblezombe indicated he didn’t think there was an issue, the structure has existed for a long time.

Minutes – Committee of Adjustment – August 3, 2007, Page #6 Minutes – Committee of Adjustment – August 3, 2007

Ms. Pat Tait, neighbour, 24 Cedarwood Crescent, Nobleton, Ontario, L0G 1N0, attended in opposition. Ms. Tait indicated the boathouse has been there a number of years, and the use has increased over the last several years and has a direct impact on their privacy. She noted that many people encroach on her property with parking and tenting. No building permit was obtained for the boathouse, the current boathouse has been painted, so no one would notice the alterations. Ms. Tait indicated there is room to move this boathouse, this is an opportunity to move into compliance.

Mr. Deike indicated the boathouse was built in the 1950’s, and it was a family compound at one time.

Committee questioned if the addition to the boathouse had been built and if there was a building permit. Mr. Pink indicated the structure had been altered without a building permit, and there is a Stop Work Order on it now.

Resolution Number: CA-09-03/08/2007

Member Mallin – Member Pryke: Be it resolved that Application A-48/07, Deike, to permit the construction of an addition to the existing boathouse to be located 10 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Defeated. f. A-49/07, Taylor, Part of Lot 33, Concession 13, Parts 1 and 2, Plan 35R-21667, (Medora), Roll # 4-16-031.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. Mark Taylor, Owner, 1260 Hillhurst Road, Oakville, Ontario, L6J 1X4,attended the meeting.

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

Committee had no questions.

Resolution Number: CA-10-03/08/2007

Member Pryke – Member Mallin: Be it resolved that Application A-49/07, Taylor, to permit the construction of a boathouse with docks and a swimming dock which will result in a width of 85 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. g. A-50/07, St. Mars, Part of Lot 18, Concession 5, Lot 2, Plan 31, (Medora), Roll # 4-10- 045.

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

Minutes – Committee of Adjustment – August 3, 2007, Page #7 Minutes – Committee of Adjustment – August 3, 2007

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

Letter from Mr. Robert Roy, in opposition, Mr. Pink reviewed the letter, a copy of which is attached.

Mr. Bob List, Agent, List Planning Ltd., 103 Southbank Drive, Bracebridge, Ontario, P1L 1G2, attended the meeting. Mr. List distributed materials with sketches. He indicated he had received these sketches a few days prior, and noted he has spoken to the objectors and the set back can be met. Mr. Pink noted the existing setback is 17 feet.

Mr. List indicated this is an existing two storey boathouse, located in a bay where it is currently impacting the neighbours. The proposed boathouse, will be relocated to the end of the isthmus and will not be a visual impact on the neighbours. By-law frontage is 184 feet, but the actual frontage is over 1000 feet. This property should be deemed to have 400 feet of frontage. Mr. List indicated By-law 87-87 does not take into consideration this situation.

Mr. Roy Williams , neighbour, RR #4, Meaford, N4L 1W7, attended the meeting. Mr. Williams indicated he was glad the unsightly boathouse would be removed and noted he has concerns with the septic located at the property line and would like the septic to be relocated.

Mr. Rob Blair, 1616 Camel Port Road, Mississauga, Ontario, L4J 3E1, attended the meeting in opposition. Mr. Blair indicated the 35 foot setback is good, protects their privacy, and noted he would like the Applicant to be restricted in the amount of vegetation they would be allowed to remove,

Mr. Pink indicated part of a site plan agreement is to ensure the vegetation will remain in its natural state.

Dr. Martin, neighbour, 1583 Frontenac Place, Burlington, Ontario, L7P 1M7, attended the meeting in opposition. Dr. Martin explained his cottage is located such that he cannot see the lake very well. If the new cottage is moved back they will not have a view.

Ms. Julie Martin, neighbour, 102 Bloor Street, Toronto, Ontario, M5S 1M8, attended the meeting in opposition. Ms. Martin indicated she has concerns with privacy and noted the width of the lot is 380 feet and should be kept at that.

Mr. List indicated all the issues could be addressed through the Site Plan Agreement.

No one attended in support of the application.

Committee had no questions.

Resolution Number: CA-11-03/08/2007

Member Mallin – Member Pryke: Be it resolved that Application A- 502/07, St. Mars, to recognize a by-law frontage of 400 feet in order to construct a two storey boathouse and to permit the reconstruction of a dwelling 24 feet from the high water mark, as shown on the plan attached

Minutes – Committee of Adjustment – August 3, 2007, Page #8 Minutes – Committee of Adjustment – August 3, 2007

to the Notice of Decision, is hereby approved subject to the property being made subject to site plan control and the restriction of docks and boathouses from the area shown in a heavy line on the attached sketch.

Carried.

h. A-51/07, Herrmann, Part of Lot 27, Concession 6, (Port Carling), Roll # 5-4-086.

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

Notice of the Hearing was circulated 10 days prior.

No submissions were received.

Mr. Greg Corbett, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting. Mr. Corbett distributed photographs, copies of which are attached, and reviewed the intent and reasons for the application.

Committee questioned Mr. Corbett what the use of the second floor would be. Mr. Corbett indicated the second floor would be used for storage, and noted the owner is an antique car collector.

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

Resolution Number: CA-12-03/08/2007

Member Pryke – Member Mallin: Be it resolved that Application A-51/07, Herrmann, to permit a garage to be 24 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the removal of the dwelling located closest to the location of the garage.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. A-13/07, McWhirter, Part of Lot 26, Concession 4, (Wood), Roll # 6-2-096. The hearing was adjourned on March 12, 2007.

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

Submissions were received as follows:

Letter of support from Mr. James R. Jamison, Mr. Pink read the letter, a copy of which is attached.

Ms. Barb McWhirter, Applicant, 80 Yorkminster Road, Toronto, Ontario, M2P 1M3, attended the meeting. Ms. McWhirter explained they have owned the property for 20 years, and have discussed and distributed material to the surrounding neighbours to let them know what we were proposing. She indicated Mr. Ross Ashforth sent a letter to them with recommendations. Mr. Ashforth is unwilling to change his position and will not

Minutes – Committee of Adjustment – August 3, 2007, Page #9 Minutes – Committee of Adjustment – August 3, 2007

support this application. The request for a Minor Variance is only for the setback at the north side lot line. Ms. McWhirter distributed a sketch to committee. She noted the application was supported by staff and by the neighbour to the south. She pointed out on the sketch that this will allow them to use existing pathways and not disturb any additional shoreline.

Mr. Ross Ashforth, 185 Clairmont Ave., Gravenhurst, Ontario, P1P 1H9, attended the meeting in opposition. Mr. Ashforth indicated he cannot understand why they need to do this, it is non-compliant with the by-law, and there is visual impact. Mr. Ashforth distributed a map with photographs. He described how the McWhirters could comply with the by-law and provided a sketch. It was his opinion the variance of 28 feet was major and not minor. He explained eight reasons to not allow the application, a copy of which is attached.

Ms. McWhirter distributed an illustration demonstrating egress patterns and how the proposed boathouse position was determined.

Committee had no questions.

Resolution Number: CA-13-03/08/2007

Member Pryke – Member Mallin: Be it resolved that Application A-13/07, McWhirter, to permit the construction of a dock and single storey boathouse with a sundeck five feet eight inches and 17 feet from the side lot line, respectively, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried. b. B/53/07/ML, Taylor/Ferguson/Ecclestone/Kirkpatrick, Innesskirk Island, Lake Muskoka, (Wood), Roll # 6-27-033. The hearing was adjourned on July 16, 2007.

Mr. Pink explained the history, nature and location of the application/property. Mr. Pink indicated this application was adjourned and since then he has received a letter from Walker’s Point Marina indicating docking for the properties would be available.

Mr. Greg Corbett, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting.

Mr. David Jarvis, neighbour, 55 St. Ives Crescent, Toronto, Ontario, M4N 3B5, attended the meeting. Mr. Jarvis indicated his property is adjacent to the mainland docking area, and indicated the real estate advertisement indicates the mainland property is being included in the sale.

Mr. Corbett noted he would speak to the real estate agent regarding this advertisement.

Committee had no questions.

Resolution Number: CA-14-03/08/2007

Member Mallin – Member Pryke: Be it resolved that Consent Application B/54/07/ML, (Taylor, et al) be granted provided the following conditions are fulfilled:

Minutes – Committee of Adjustment – August 3, 2007, Page #10 Minutes – Committee of Adjustment – August 3, 2007

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.

4. That mainland access be confirmed.

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

Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. Carried. c. B/53/07ML, Lee, Part of Lot 3, Concession 7, Lot 8, Plan 35M-708, (Medora), Roll # 4-1- 044. The hearing was adjourned on July 16, 2007.

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

Mr. Greg Corbett, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, Ontario, P1L 1Z8, attended the meeting.

Committee had no questions.

Resolution Number: CA-15-03/08/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/53/07/ML, (Lee), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

Minutes – Committee of Adjustment – August 3, 2007, Page #11 Minutes – Committee of Adjustment – August 3, 2007

certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried.

11. Information Items

a. OMB Decision, A-92/06, Ackerman, Part of Lot 35, Concession 1, Lot 1, Plan M-487, Part 4, Plan 35R-2572, (Monck), Roll # 9-14-073-01.

Mr. Fahner reviewed the process and background, and indicated a settlement had been reached.

b. OMB Decision, A-81/05, Dilillo, Part of Lot 34, Concession 2, Parts 5, 6 and 11, Plan 35R-18002, (Watt), Roll # 2-8-012.

Mr. Fahner reviewed the background and indicated the Township was not successful. The dwelling was approved at 39.9 feet height.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-16-03/08/2007

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

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – August 3, 2007, Page #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, August 27th, 2007, 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 A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant Susan Pryke

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-01-27/08/2007

Member Edwards – Member Ellis: Be it resolved that the Committee of Adjustment Meeting Agenda dated August 27, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated August 3, 2007, is attached.

Resolution Number: CA-02-27/08/2007

Member Ellis – Member Edwards: Be it resolved that the minutes dated August 3, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None

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

None.

Resolution to Adopt the Minutes. Minutes – Committee of Adjustment – August 27, 2007, Page #1 Minutes – Committee of Adjustment – August 27, 2007

7. Hearing of Consent Applications

a. B/59/07/ML, Hoffman, Part of Lot 32, Concession 14, (Medora), Roll # 4-16-045

Mr. Pink 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. Pink reviewed the letter, a copy, of which is attached.

Mr. John Hiley, Agent, Coote Hiley Jemmett Ltd. Land Surveyors, 6 Dominion St., Bracebridge, ON P1L 2A6, attended the meeting. Mr. Hiley indicated a minor adjustment in the lot line. He distributed an updated sketch 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-03-27/08/2007

Member Edwards – Member Ellis: Be it resolved that Consent Application B/59/07/ML, (Hoffman) be granted, as amended, 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 system(s) be corrected to the satisfaction of the Township. 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.

Resolution to Adopt the Minutes. Minutes – Committee of Adjustment – August 27, 2007, Page #2 Minutes – Committee of Adjustment – August 27, 2007

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment.

8. Hearing of Minor Variance Applications

a. A-52/07, Summerville, Part of Lot 4, Concession 5, Lot 36, Parts 4-6 on Plan 35R- 17719, (Watt), Roll # 2-2-092-08

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Mr. Summerville, Applicant, 1074 Windermere Rd., Utterson, Ontario, P0B 1M0 attended the meeting.

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

Resolution Number: CA-04 -27/08/2007

Member Mallin - Member Pryke: Be it resolved that Application A-52/07, Summerville, to permit an accessory structure (240 square foot shed) prior to the main use (dwelling), as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment.

b. A-53/07, Convey, Part of Lot 35, Concession 12, Part of Lot 2 on Plan 32, (Medora), Roll # 4-17-002.

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Mr. Steve Convey, Applicant, 647 Abilene Dr., Toronto, Ontario, attended the meeting.

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

Committee questioned the applicant if he had any concerns with site plan control and the requirement of plantings.

Mr. Convey indicated he had no issues, and is planning to revegetate the property in front of the cottage and plantings would provide protection from the sun, less erosion and increased privacy.

Resolution Number: CA-05-27/08/2007

Resolution to Adopt the Minutes. Minutes – Committee of Adjustment – August 27, 2007, Page #3 Minutes – Committee of Adjustment – August 27, 2007

Member Pryke – Member Mallin: Be it resolved that Application A-53/07, Convey, to permit a dwelling addition to be located 30 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 depicting satisfactory plantings along the shoreline and securities.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment.

c. A-54/07, McGrath, Part of Lot 15, Concession B, (Bala), Roll # 7-12-042.

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Mr. Paul McGrath, Applicant, 420-34 Western Battery Rd., Toronto, Ontario, M6K 3N9, attended the meeting.

Committee questioned why the Applicant downgraded to a sleeping cabin, when approval for a second dwelling was previously granted.

Mr. McGrath indicated due to the large expense of paying $11,000 for Development Charges, he now wishes to construct a sleeping cabin.

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

Resolution Number: CA-06-27/08/2007

Member Mallin – Member Pryke: Be it resolved that Application A-54/07, McGrath, to permit a 650 square foot sleeping cabin within the Community of Bala, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment.

9. Correspondence

None.

10. Unfinished Business

None.

11. Information Items

Resolution to Adopt the Minutes. Minutes – Committee of Adjustment – August 27, 2007, Page #4 Minutes – Committee of Adjustment – August 27, 2007

None.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-07 -27/08/2007

Member Pryke –Member Mallin: Be it resolved that the meeting adjourn at 9:24 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Resolution to Adopt the Minutes. Minutes – Committee of Adjustment – August 27, 2007, Page #5 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 17 th , 2007 , 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-01-17/09/2007

Member Mallin – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated September 17, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated August 27, 2007, is attached.

Resolution Number: CA-02-17/09/2007

Member Mallin – Member Edwards: Be it resolved that the minutes dated August 27, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. None

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

a. B/60/07/ML, Lowndes, Part of Lot 14, Concession 13, (Wood), 8-9-051.

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

Minutes – Committee of Adjustment – September 17, 2007, Page #1 Minutes – Committee of Adjustment – September 17, 2007

Notice of the Hearing was circulated 21 days prior.

Submissions were received as follows:

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

Mr. David Lowndes, Applicant, 22 Howard Blvd., Waterdown, ON, L0R 2H4, attended the meeting. Mr. Lowndes indicated he had reviewed the comments submitted by the various agencies, and noted there are two acres suitable for building. The shoreline on the retained lot is mostly wet and flooded, however, there is approximately 250 feet to build on and ample space for a dock. A 100 foot setback would require the removal of a substantial amount of vegetation and trees, which was why he applied for a 66 foot front yard set back. He also thought this would also restrict the size of any proposed dwelling. He noted that whatever comes out of this application, his property will be the one visually impacted.

Chair Hare indicated this application will be adjourned and will be reviewed thoroughly after the site evaluation is conducted.

Committee questioned the applicant about the location of the building envelopes in relation to the endangered species identified by the District of Muskoka. Mr. Lowndes indicated he did not know the location of the species at this time. Mr. Pink indicated the fish habitat study could be incorporated into the site evaluation.

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

Resolution Number: CA-03-17/09/2007

Member Mallin – Member Edwards: Be it resolved that Consent Application (B/60/07/ML, Lowndes) be adjourned for the completion of a satisfactory site evaluation report that demonstrates that there will not be a negative impact on the regionally significant wetland’s features or functions, the species at risk habitat, deer wintering habitat, significant fish habitat and that locates appropriate building and septic envelopes on both the retained and severed lots.

Carried.

Chair Hare distributed an information packet to the Applicant, containing a variety of literature pertinent to the impact development can have on the environment. b. B/61/07/ML, Townsend and Honey, Part of Lot 15, Concession 11, Part 1, Plan 35R- 10371, Part 1, Plan 35R-11234, (Medora), 4-12-044, 4-12-044-05

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

Notice of the Hearing was circulated 21 days prior.

Submissions were received as follows:

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

Minutes – Committee of Adjustment – September 17, 2007, Page #2 Minutes – Committee of Adjustment – September 17, 2007

Mr. Ian Honey, Applicant, 156 Riverside Dr., Toronto, ON, M6S 4A7, attended the meeting. Mr. Honey indicated the reason for the application was to square the lot with the waterfront.

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

Committee had no questions.

Resolution Number: CA-04-17/09/2007

Member Mallin – Member Edwards: Be it resolved that Consent be granted for Application B/61/07/ML, (Townsend), 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 an amendment to the by-law is granted to recognize the new lot dimensions on the retained and resultant lot. 3. The severed lot is to be joined in title with the abutting lot.

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

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

Carried.

Chair Hare distributed an information packet to the Applicant, containing a variety of literature pertinent to the impact development can have on the environment.

7. Hearing of Consent Applications

a. B/62/63/64/07/ML, B/65/07/ML, Diamond's Edge Muskoka Cottage Owners Association, Part of Lot 26, Concession A, (Watt), 2-23-011.

Mr. Pink 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 – September 17, 2007, Page #3 Minutes – Committee of Adjustment – September 17, 2007

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

ii) Letter from Ms. Katherine Grossi, Agent, requesting an adjournment. Mr. Pink 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-05-17/09/2007

Member Mallin – Member Edwards: Be it resolved that Consent Application (B/62/63/64/65/07/ML, Diamond’s Edge Muskoka Cottage Owners Association) be adjourned for a satisfactory planning report justifying the applications. The planning report is to be supplied by the applicant or its agent.

Carried.

8. Hearing of Minor Variance Applications

a. A-55/07, Hogarth, Part of Lot 35, Concession 12, Lots 92 and 93, Plan 32, (Medora), 4- 17-109.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Peter Hogarth, Applicant, 279 Shore Acres Road, Burlington, ON, L7L 2H3, attended the meeting. Mr. Hogarth outlined the reasoning, nature and location of the application.

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

Committee had no questions.

Resolution Number: CA-06-17/09/2007

Member Mallin – Member Edwards: Be it resolved that Application A-55/07, Hogarth, to permit a dock width of 80 feet and to permit a side yard setback of 17 feet for a dock, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Minutes – Committee of Adjustment – September 17, 2007, Page #4 Minutes – Committee of Adjustment – September 17, 2007

Chair Hare distributed an information packet to the Applicant, containing a variety of literature pertinent to the impact development can have on the environment.

b. A-56/07, Robinson, Part of Lot 33, Concession 1, Part 27, Plan BR-583, Part 1, Plan 35R-14627, (Watt), 2-6-036.

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

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

i) Letter from Lorne & Betty Hay in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Marina and Joe Baker in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

iii) Letter from Mr. Charles Gordon Sanford in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Glenn Robinson, Applicant, 1035 Brandy Crest Road, RR#1, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Robinson indicated the application is for a garage/storage shed, and noted he has no intentions of running a commercial business from his home. He explained his house has no basement or storage area to store snow blowers, and other seasonal equipment. He indicated he did not think the neighbours would be impacted due to the location of the proposed structure, and noted he would be willing to reduce the size to comply with lot coverage. He would like to keep the additional height in order to have a loft for an additional storage area.

Mr. Lorne Hay, Neighbour, 11 Stanley St., Box 20104, Barrie, ON, L4M 6E9, attended the meeting in opposition. Mr. Hay expressed concerns that the proposed workshop would be used in association with the owner’s commercial business, noting there is no indication it would not be used for commercial purposes. He also indicated Long Eared Owls inhabit the area of the proposed structure.

Mr. Joe Baker, Neighbour, Box 363, Port Carling, ON, P0B 1J0, attended the meeting in opposition. Mr. Baker indicated he was particularly concerned with the size of the accessory structure. He noted that in the Zoning By-law the minimum allowable size of a main dwelling is 750 sq. ft. and the existing dwelling on this property is only 600 sq. ft. He was of the opinion this should be considered the main use, since the workshop/garage, measuring 900 sq. ft., will be larger than the dwelling. He also indicated the location would be visually intrusive since it will be located on a hill, and the noise of power tools would be heard for some distance. Mr. Robinson also has structures encroaching on his property.

Mr. Lorne Hay, spoke for another neighbour, Mr. Sanford, whose concerns were with the noise level. He noted Mr. Sanford is very ill in the hospital, and could not attend.

Regarding the building encroachments, Mr. Robinson indicated he has lived there for 22 years, and there is a green garden shed located on the Baker’s property. He did not know where it came from and the land has been vacant for many years. He also

Minutes – Committee of Adjustment – September 17, 2007, Page #5 Minutes – Committee of Adjustment – September 17, 2007

indicated he has a greenhouse encroaching on the Baker’s property by one foot. He explained the lot is well treed and indicated the proposed building would not have a visual impact.

In answer to Committee’s question, Mr. Fahner indicated there is nothing within the Zoning By-law stipulating sizes of accessory vs. main use, or stating the accessory structure must be smaller than the main use.

Committee indicated it was difficult to find reasons to support this application.

No one attended in support of the application.

Resolution Number: CA-07-17/09/2007

Member Edwards – Member Ellis: Be it resolved that Application A-56/07, Robinson, to permit a new workshop/storage building to be 24 feet in height, to be located on an undersized lot and to be located 15 feet from a Township Street that results in a lot coverage of 8.5% as, shown on the plan attached to the Notice of Decision, is hereby approved.

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 structure is too high, too close to the street and the neighbours indicated concerns with the proposed structure. The height of the structure can comply with the requirements of the by-law.

Chair Hare distributed an information packet to the Applicant, containing a variety of literature pertinent to the impact development can have on the environment. c. A-57/07, Gerasolo, Part of Lot 8, Concession 7, Lot 12, Plan M-377, (Medora), 4-4-014.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Nick Gerasolo, Applicant, 1265 Sayers Rd., Mississauga, ON, L5E 2T8, attended the meeting. Mr. Gerasolo indicated the existing cottage was already over the 8% lot coverage allowed, and he wants to cover the porch to keep snow off the main entrance. It does not interfere with any trees, there would be no alterations to the site, nor would it be visible from road.

Committee questioned staff what would the lot coverage percentage be if the shed were removed from the property. Mr. Pink indicated with removal of the shed, the lot coverage would be 9%.

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

Committee had no questions.

Minutes – Committee of Adjustment – September 17, 2007, Page #6 Minutes – Committee of Adjustment – September 17, 2007

Resolution Number: CA-08-17/09/2007

Member Edwards – Member Ellis: Be it resolved that Application A-57/07, Gerasolo, to permit an open porch that results in a lot coverage of 9%, as shown on the plan attached to the Notice of Decision, is hereby approved subject to the removal of the existing shed.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment. d. A-58/07, Seigel and Weingarten, Part of Lot 10, Concession 10, Parts 1-3, Plan RD-491, Lot A, Lot 4, (Medora), 4-6-041, 4-6-042.

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

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

i) Letter from Joe Quinn in support of the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Bill and Nancy Sinclair in support of the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Jeffrey Seigel, Applicant, 31 Valloncliffe Road, Thornhill, ON, L3T 2W6, attended the meeting. Mr. Seigel indicated they purchased the property last November, and spent the past summer season reviewing how they would like to develop the property. He explained an Otter lives at the shoreline and noted there is significant fish habitat around the existing 30-year-old crib dock. Mr. Seigel indicated they had the new boathouse built where they did on the property to ensure the property would not be severed since it is a double lot.

Mr. Richard Moorhouse and his wife, Jean Simonton, 4 Indian Grove, Toronto, ON, M6R 2Y2, attended the meeting in opposition to the application. Mr. Moorhouse explained he was more opposed to the process than the variance requested. He indicated the boathouse is under construction, and is concerned with the existing dock, and noted this is one lot, not two. He was concerned why the existing dock was not taken into consideration. He noted the permit for the boathouse was issued with the condition the existing dock would be removed. He indicated he did not support this application due to the process.

Minutes – Committee of Adjustment – September 17, 2007, Page #7 Minutes – Committee of Adjustment – September 17, 2007

Mr. Seigel indicated he was not familiar with the property prior to this season when he applied for the boathouse. He has had the opportunity to review the fish and wildlife habitats on the property, and wants to protect it by maintaining the old dock.

Committee indicated they would prefer the dock remain so there would not be any negative impact to fish habitat.

No one attended in support of the application.

Committee had no questions.

Resolution Number: CA-09-17/09/2007 Member Edwards – Member Ellis: Be it resolved that Application A-58/07, Seigel and Weingarten, to permit a total cumulative width of a 79 feet for docks, 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 excess dock width is located on the inside of the lot and the subject property has extensive frontage. The Committee also noted that removing the “swim” dock in order to comply would be more harmful to habitat.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment. e. A-59/07, Ratkovsky, Part of Lot 17, Concession 7, Lot 13, Plan 34, (Medora), 4-11-011. A-60/07, Bennett, Part of Lot 20, Concession 8, Part 2, Plan RD-2112, (Medora), 4-13- 006.

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

Notice of the Hearing was circulated 10 days prior.

No Submissions were received.

Mr. Bill Grimmett, Agent, Box 365, 61 Joseph Street, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Grimmett indicated the purpose of this application is to enable the sale of this property. He explained the prospective purchasers had the lot surveyed this summer, and it was determined the lot has 90 feet of by-law frontage. He explained when his client purchased the property in 2005, the Township conducted a Municipal Records Search, and indicated the lot had 100 feet of by-law frontage. The purpose of this application is to recognize this property as an existing lot of record.

Ms. Linda Ratkovsky, Applicant, RR #2 Port Carling, ON, P0B 1J0, attended the meeting. She indicated her property has a shoreline buffer around the property and fits in with the character of the area. She wants to be able to sell her property with recognition of the existing to be in compliance with the Zoning By-law.

Mr. Fahner indicated that when the Municipal Records Search was conducted in March 2005, a survey was not available. The most recent Municipal Records Search was

Minutes – Committee of Adjustment – September 17, 2007, Page #8 Minutes – Committee of Adjustment – September 17, 2007

conducted with the availability of a survey, which provided new information. At that time it was discovered this lot did not comply with the Zoning By-law. He also noted if the application is approved, it will give additional development rights to the property.

Committee asked staff if a condition could be implemented to restrict future development. Mr. Fahner indicated there would then be no purpose for the application.

Committee questioned staff about what the potential impact would be by recognizing this as a building lot. Mr. Pink noted there are water quality issues on Lake Joseph. Recognizing this as a building lot will entitle them to have additional development rights. The existing dwelling, gazebo and sleeping cabin could be expanded, as well as add new accessory buildings on the lot.

Committee asked staff if a Water Quality Assessment would be required. Mr. Pink indicated if the owners were to double the development on the lot, then a water quality assessment would be required. Committee wanted at least 25 feet for shoreline buffer planted.

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

Resolution Number: CA-10-17/09/2007

Member Ellis – Member Edwards: Be it resolved that Application A-59/07, Ratkovsky, to permit a building lot with 90 feet of frontage, to permit a sleeping cabin to be located 14.8 feet from the side lot line and 20.8 feet from the Township street, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to a site plan agreement depicting plantings along the shoreline and securities.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment. f. A-60/07, Bennett, Part of Lot 20, Concession 8, Part 2, Plan RD-2112, (Medora), 4-13- 006.

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

Notice of the Hearing was circulated 10 days prior.

Submissions were received as follows:

i) Letter from Wendy Little in support of the application. Mr. Pink read the letter, a copy of which is attached.

Minutes – Committee of Adjustment – September 17, 2007, Page #9 Minutes – Committee of Adjustment – September 17, 2007

Mr. Paul Bennett, Applicant, 84 Estate Garden Dr., Richmond Hill, ON, L4E 3V6, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-11-17/09/2007

Member Ellis – Member Edwards: Be it resolved that Application A-60/07, Bennett, to permit a screened porch to be 46 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

Chair Hare distributed an information packet to the applicant, containing a variety of literature pertinent to the impact development can have on the environment.

9. Correspondence

a. Ontario Municipal Board Decision, A-07/07, Schnurr, Part of Lot 18, Concession B, Lot 1, Plan 37, (Medora), 6-21-019.

Mr. Fahner indicated this application was for a two storey boathouse on Acton Island, that was denied by Committee. He explained that once Committee has made a decision, their involvement is over. Once the Ontario Municipal Board is involved, Council is responsible for any further decisions or settlements. Through negotiations with Council and the Ontario Municipal Board, the size of the second storey was restricted. Mr. Fahner indicated the application was re-circulated to neighbours, prior to the Ontario Municipal Board Hearing, however, no one appeared.

b. Ontario Municipal Board Decision, A-11/07, Red Leaves Lodge, Part of Lots 24 and 25, Concession 11, (Medora), 4-14-070.

Mr. Fahner indicated this application was for relief from the height restriction. He explained the decision was quick, within a week of the Hearing. The appellants hired a Planner from Toronto and within the decision it was commented, the inexperience of the Planner. He noted the Planner brought forth many issues with the Waterfront, and the Board indicated the property is within the Community designation not the Waterfront. The Board upheld Committee of Adjustment’s decision.

Committee questioned Mr. Fahner if any costs would be recovered. Mr. Fahner indicated no costs would be able to be recovered.

Minutes – Committee of Adjustment – September 17, 2007, Page #10 Minutes – Committee of Adjustment – September 17, 2007

10. Unfinished Business

None.

11. Information Items

None.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-12-17/09/2007

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 11:20 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Minutes – Committee of Adjustment – September 17, 2007, Page #11 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES OF COMMITTEE OF ADJUSTMENT

A Meeting of the Committee of Adjustment was held on Friday, October 5, 2007 , at 9:00 a.m. , in the Council Chambers, Municipal Office, Port Carling, Ontario.

PRESENT :

Members Present: Officials Present:

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

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-01-5/10/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated October 5, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated September 17, 2007, is attached.

Resolution Number: CA-02-5/10/2007

Member Pryke– Member Mallin: Be it resolved that the minutes dated September 17, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None.

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

a. B/66/67/07/ML, Dittmann and Tiffin, Part of Lot 26, Concession 8 and 9, (Monck), Roll #’s 9-9-040, 9-10-008

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

Minutes – Committee of Adjustment – October 5, 2007 2

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. Pink read the letter, a copy of which is attached.

ii) Report from Building Inspector, Mr. Sandy Bos, Re: sewage system. Mr. Pink reviewed the report, a copy of which is attached.

iii) Letter from Mr. Guy Harris, Roseneath Properties Limited, in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

iv) Letter from Mr. Guy Harris, Roseneath Properties Limited, withdrawing his objection to the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Lanny Dennis, Agent, Wayne Simpson & Associates, 11 Centre St. S, Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Dennis explained the Official Plan supports commercial areas at the intersection of Beaumaris and Milford Bay Roads, and identifies additional residential components in this area as well. He concurred with the recommendations suggested by staff, noting they are reasonable and attainable conditions.

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

Committee questioned the intended use and if there were any issues of the use that would raise any concerns. Mr. Dennis indicated there is nothing proposed at this time but will comply with the Zoning By-law. Mr. Pink indicated there were no concerns at this time.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-03-5/10/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application (B/66/07/ML, Dittmann/Tiffin), provided the following conditions are fulfilled:

1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. 2. That the existing sewage system be replaced. 3. That the proposed property lines be flagged. 4. That the retained lot be rezoned to Community Residential (R3).

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

Minutes – Committee of Adjustment – October 5, 2007 3

Carried.

Resolution Number: CA-04-5/10/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application (B/67/07/ML, Dittmann/Tiffin), 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 system(s) be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 2% or 5% depending on the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. That the proposed property lines be flagged. 5. That the severed lot be rezoned to Community Commercial (C3).

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.

7. Hearing of Consent Applications

a. B/68/07/ML, Robinson, et al, Part of Lot 28, Concession 7, Parts 3 and 4, Plan 35R- 10836, Lot K, Plan M-69, (Bala), Roll # 7-5-030.

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

Notice of the Hearing was circulated 16 days prior.

Submissions were received as follows:

Minutes – Committee of Adjustment – October 5, 2007 4

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

ii) Report from Building Inspector, Sandy Bos, Re: sewage system. Mr. Pink reviewed the report, a copy of which is attached.

Ms. Carole Anne Robinson, Applicant, 5 Brobst Forest Crescent, Bracebridge, ON, P1L 1C8, attended the meeting. Ms. Robinson explained the reason for the application was to legalize access to the property.

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-05-5/10/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/68/07/ML, (Robinson), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

Carried. b. B/69/07/ML, DJG Management Inc., Part of Lot 4, Concession 14, Part 2 on Plan BR- 750, (Medora), Roll # 4-8-064.

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

ii) Report from Building Inspector, Sandy Bos, Re: sewage system. Mr.

Minutes – Committee of Adjustment – October 5, 2007 5

Pink reviewed the report, a copy of which is attached.

Mr. David Green, Applicant, 399-A Spadina Ave., Suite 1,Toronto, ON M5T 2G6, 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-06-5/10/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/69/07/ML, (DJG Management Inc.), 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 severed lot is to be joined in title with the abutting 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.

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

ii) Report from Building Inspector, Sandy Bos, Re: sewage system. Mr. Pink reviewed the report, a copy of which is attached.

Minutes – Committee of Adjustment – October 5, 2007 6

iii) Letter of opposition from John and Ruth Anne deNitt. Mr. Pink read the letter, a copy of which is attached.

Mr. John Welch, Applicant, 1019 Crawford St., Box 91, Rosseau, ON, P0C 1J0, attended the meeting. Mr. Welch indicated the surveyor would adjust the lot lines to allow for more suitable septic sites.

Mr. de Niet, 5460 Aspdin Rd., Rosseau, ON, P0C 1J0, attended the meeting. Mr. de Niet explained there is an area of concern, which is a flood plain. He indicated the creek running from Wood Lake to the Rosseau River is a torrent in the spring, and is concerned any sewage in the ground would run down this creek and into the Rosseau River.

No one attended in support of the application.

Committee indicated concern regarding the spring run-off, and asked staff if further site evaluations could be conducted. Mr. Pink indicated that staff from both Building and Planning Departments could revisit the site for further evaluation, once the applicant marks the lot lines.

This application was adjourned until the applicant marks out the lot lines, and staff conducts a site visit to further evaluate the Environmental Protection zoning boundaries, and identify the area affected by spring run-off.

A Lot Development Package was made available to the applicants.

8. Hearing of Minor Variance Applications

a. A-61/07, Reid, Part of Lot 23, Concession 5, Part 1, Plan 35R-4816, (Medora), 4-9-057- 01.

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

Notice of the Hearing was circulated 14 days prior.

No Submissions were received.

Mr. John Gallagher, Agent, 1 Rice Lane, Huntsville, ON, P1H 1V4, attended the meeting. Mr. Gallagher explained the nature of the application.

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

Committee questioned why the gazebo was identified as a sleeping cabin. Mr. Gallagher indicated due to the type of window being used it could not be classified as a sleeping cabin. Mr. Pink indicated the structure was designed as a gazebo.

Committee questioned staff about the lot coverage. Mr. Pink indicated currently they have 3.6% lot coverage, with the addition of the gazebo it will be 5%.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-07-5/10/2007

Minutes – Committee of Adjustment – October 5, 2007 7

Member Ellis - Member Edwards: Be it resolved that Application A-61/07, Reid, to permit a 256 square foot gazebo and to permit the gazebo to be 28 feet 5 inches in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted that only a portion of the gazebo is over the maximum height requirement, the gazebo is well screened, the property is large and the neighbours did not indicate any concerns. b. A-62/07, Rodgers, Part of Lot 34, Concession 2, (Watt), 2-8-010

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Ms. Marilyn Rodgers, Applicant, 16 Silver Spruce Dr., Scarborough, ON, M1W 1V5, attended the meeting. Ms. Rodgers explained they had contacted the neighbours and no one indicated any concerns.

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-08-5/10/2007

Member Ellis – Member Edwards: Be it resolved that Application A-62/07, Rodgers, to permit a boathouse to extend 66 feet in length, 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 is to be further from the lot line than what is existing, the proposed boathouse is an improvement and the water depth in this area is extremely shallow. c. A-63/07, Turner, Part of Lot 1, Concession 3, (Cardwell), Roll # 1-4-002.

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

Notice of the Hearing was circulated 14 days prior.

Minutes – Committee of Adjustment – October 5, 2007 8

No submissions were received.

Mr. Ron Turner, 426 Aspdin Road, RR#3, Utterson P0B1M0, 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-09-5/10/2007

Member Ellis – Member Edwards: Be it resolved that Application A-63/07, Turner, to permit an addition to a garage which is to be located 70 feet from the front lot line in a Scenic Corridor, 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 not visible as it is located behind the existing garage, the addition is no closer to the road than the existing garage, the property is well treed and neighbours did not indicate any concerns. d. A-67/07, Dowdeswell, Part of Sugarloaf Island, Lake Joseph, Part 1, Plan 35R-17376, (Medora), Roll # 4-24-023.

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

Notice of the Hearing was circulated 10 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 explained the reason for the application, was merely the result of a technicality, due to a bend in rear lot line.

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-10-5/10/2007

Member Ellis – Member Edwards: Be it resolved that Member Ellis – Member Edwards: Be it resolved that Application A-67/07, Dowdeswell, to alter the definition of lot frontage to eliminate an existing side lot line and to permit a cumulative dock width of 112 feet, as shown on the plan attached to the Notice of Decision, is hereby approved.

Minutes – Committee of Adjustment – October 5, 2007 9

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 docks are no wider than the existing, the shoreline structures are a rearrangement of what exists and the cumulative width is still below the 25% of frontage coverage. The Committee also noted that due to the “bend” in the lot line, by-law frontage reduces what is permitted.

e. A-65/07, Stephens-Wells, Island X, Echo Island, Lake Rosseau, (Watt), Roll # 2-8-053.

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Ms. Judith Stephens-Wells, 38 Ahrens St. W., Kitchener, ON, N2H 4B7, attended the meeting. Ms. Stephens-Wells explained the goal was to minimize visual impact, and noted the addition will be better shielded from the lake than the existing dwelling. She indicated they have planted 210 trees, and are documenting all native species on the island. Ms. Stephens-Wells expressed her desire to preserve the mature trees, and indicated that due to the location of the septic bed, they would need to take down some of the mature trees and they did not want to do that. She indicated they will continue the planting initiative and would be willing to enter into a site plan agreement to ensure continued vegitation.

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-11-5/10/2007

Member Ellis – Member Edwards: Be it resolved that Application A-65/07, Stephens-Wells, to permit a cottage addition to be located 27 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 in order to retain existing vegetation.

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 irregular shoreline, the existing building line is being maintained and vegetation is to remain and has been increased by the applicant. f. A-66/07, Hartman, Onaway Island, Lake Rosseau, (Medora), Roll # 4-26-075.

Minutes – Committee of Adjustment – October 5, 2007 10

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

Notice of the Hearing was circulated 14 days prior.

No submissions were received.

Mr. Peter Ballance, Agent, 204 Oakdale Rd., Toronto, ON, M3N 2S5, attended the meeting. Mr. Balance indicated the purpose of the application was to improve access to the property for deliveries to the island, noting the existing floating docks are to be removed.

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-12-5/10/2007

Member Ellis – Member Mallin: Be it resolved that Application A-66/07, Hartman, to permit a cumulative dock width of 99 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 dock is to be “tucked” into an alcove, shoreline structures are important on island properties, the cumulative width is 24% and neighbours did not indicate any concerns. It was also noted the existing floating docks are to be removed, reducing the visual impact.

9. Correspondence

None.

10. Unfinished Business

None.

11. Information Items

None.

12. New Business

a. Consideration of a Resolution Re: Lot Development Handouts.

Mr. Pink reviewed with Committee the current process of handing out the Lot Development packages and the initiation of a formal resolution. Mr. Pink advised the pamphlets are available from the Muskoka Watershed Council at no cost.

Minutes – Committee of Adjustment – October 5, 2007 11

Committee agreed they would like to continue handing out the packages, and noted they would like to see this practice implemented at Planning Committee as well. Committee also indicated they would like to review the application process guide as well.

Resolution Number: CA-13-5/10/2007

Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment agrees to continue to provide the Lot Development Handouts to applicants who have applied to the Committee of Adjustment.

Carried.

b. Payment By-law for Committee of Adjustment members

A discussion took place regarding remuneration. The Committee agreed they should be only paid for the meetings they attend.

Ms. Glazier indicated she would review the by-law and an update will be provided in the future.

Committee indicated they would like to explore the possibilities of web meetings.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-14-5/10/2007

Member Ellis –Member Pryke: Be it resolved that the meeting adjourn at 10:30 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, October 29th, 2007, 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-01-29/10/2007

Member Pryke– Member Mallin: Be it resolved that the Committee of Adjustment Meeting Agenda dated October 29, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated October 5, 2007, is attached.

Resolution Number: CA-02-29/10/2007

Member Mallin – Member Pryke: Be it resolved that the minutes dated October 5, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. None

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

a. B/71/07/ML, Henshaw/Muskoka Lumber, Part of Lot 28, Concession 2, Part of Part 3, Plan 35R-14039, Parts 1 and 2, Plan 35R-16993 (Medora), Roll #’s 4-20-014 and 5-3- 001.

Page 1 of 10 Minutes – Committee of Adjustment – November 1, 2007

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

ii) Letter from Mr. Scott Joyce, in support of the application. Mr. Pink read the letter, a copy of which is attached.

Mr. Paul Donaldson, Applicant, Box 285, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Donaldson indicated he agreed with Mr. Pink’s recommendation.

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 applicant.

Resolution Number: CA-03-29/10/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/71/07/ML, (Henshaw/Muskoka Lumber), 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 Retained and Resultant lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage system be corrected to the satisfaction of the Township.

3. The severed lot is to be joined in title with the abutting lot.

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

Carried.

7. Hearing of Consent Applications

a. B/89/04/ML – Amended, Davidovitz/Bar-David, Part of Lots 2 and 3, Concession 2, Parts 1-3, Plan 35R-8407 (Medora), 6-12-002.

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

Notice of the Hearing was circulated 18 days prior.

Submissions were received as follows:

Page 2 of 10 Minutes – Committee of Adjustment – November 1, 2007

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

Ms. Nancy LeBlanc, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. LeBlanc indicated the applicants and their daughter were present. She explained this application was originally submitted in 2004, and adjourned at the applicant’s request. Ms. LeBlanc indicated she concurred with Mr. Pink’s recommendations.

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

Committee asked staff if there were any time restrictions on applications. Mr. Fahner indicated the Municipality did not have any policies in place regarding time lines for applications.

Committee asked if the applicants will be required to identify the Environmentally Protected area on their sketch. Mr. Fahner indicated it would be illustrated in the by-law schedule.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-04-29/10/2007

Member Pryke– Member Mallin: Be it resolved that Consent be granted for Application B/89/04/ML – Amended, (Davidovitz/Bar-David), 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 system 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 to protect the wetland and re-vegetate the shoreline when development occurs.

5. That an appropriate portion of the Severed lot be rezoned to Environmental Protection (EP1) to protect wetland features located along the shore and to restrict docks along this portion of shoreline.

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.

Page 3 of 10 Minutes – Committee of Adjustment – November 1, 2007

b. B/72/07/ML, Lindsey/Squirrel Island Property LLC, Part of Lot 25, Concession 8, Part 1, Plan 35R-21489 (Monck), Roll # 9-9-029.

Mr. Pink 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. Pink reviewed the letter, a copy, of which is attached.

Ms. Anne Lindsey, Applicant, 38 Hillholm Rd., Toronto, ON, M5P 1M3, 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-05-29/10/2007

Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/72/07/ML, (Lindsey/Squirrel Island Property LLC), provided the following condition is fulfilled:

1. A registerable description (deed) of the right-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan.

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

Carried.

8. Hearing of Minor Variance Applications

a. A-68/07, Manget/Mauro-Manget, Part of Badgerow Island, Lake Joseph, Lot 8 and Reserve B, Plan M35 (Medora), Roll # 4-25-013.

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

Notice of the Hearing was circulated 12 days prior.

Mr. Greg Corbett, Planscape, Agent, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett provided a hand out to Committee, copies of which are attached, and provided a narrative review of the material. Mr. Corbett indicated the dock to be removed as a condition of approval for a previous Minor Variance application, has been removed. He noted there are still some remnants of the dock and they will be removed. Mr. Corbett reviewed the four tests of a minor variance, and concluded, in his opinion, the proposed variance satisfied the criteria set out in Section 45 of the Planning Act. A letter of support from the adjacent property owner, Ms. Heather Nelson, was read. A copy of the letter is attached.

Page 4 of 10 Minutes – Committee of Adjustment – November 1, 2007

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

Committee Member Ellis asked if the applicants were willing to remove the existing sleeping cabin. Mr. Corbett indicated the applicants would convert the sleeping cabin to a storage shed. Member Ellis indicated she would prefer the cabin be removed, since they could easily make it habitable again. Mr. Corbett indicated the existing buildings comply with lot coverage.

Committee had a lengthy discussion on various aspects of the variance requested.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-06-29/10/2007

Member Pryke– Member Mallin: Be it resolved that Application A-68/07, Manget/Mauro-Manget, to permit the construction of a boat port with a sundeck, a new dock slip with additional storage area on the first floor of the boathouse and to permit a second storey on the existing boathouse too close to the projected side lot line, further from the shore and exceeding maximum width and additional covered areas in the second storey as shown on the plan attached to the Notice of Decision, is hereby approved subject to: the removal of the sleeping cabin or its conversion to storage and the removal of 18 feet of dock on the southwest shoreline.

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 boathouse is located in an alcove, the bulk of the boathouse is not severely changing and the projection of the lot line is not common. b. A-69/07, Camp Hollyburn (1986) Limited (Camp Oochigeas), Part of Lots 26, 27, and 29, Concession 2 (Cardwell), Roll # 1-3-034.

Mr. Pink 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 Ministry of Transportation Ontario, indicating no objection to the application. Mr. Pink reviewed the letter, a copy of which is attached.

Mr. Duncan Ross, Duncan Ross Architects, Agent, 75 Main Street West, Huntsville, ON, P1H 1X1, 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.

Page 5 of 10 Minutes – Committee of Adjustment – November 1, 2007

Resolution Number: CA-07-29/10/2007

Member Ellis – Member Edwards: Be it resolved that Application A-69/07, Camp Hollyburn (1986) Limited, to permit a recreation centre to be 42 feet in height, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

c. A-70/07, Rueter, Part of Lot 1, Concession 4, Parts 5-8, Plan 35R-9505 (Medora), Roll # 4-6-095-01.

Mr. Pink 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 Mr. George Faught, Neighbour, indicating concerns regarding the application. Mr. Pink read the letter, a copy of which is attached.

ii) Letter from Mr. Robert Rueter, Applicant, requesting the application be adjourned. Mr. Pink 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.

This application was adjourned until the Applicant could resolve his neighbour’s concerns. d. A-71/07, Gilbert/Guest, Part of Lot 23, Concession 5, Part 1, Plan 35R-2252 (Medora), Roll # 4-9-055.

Mr. Pink 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 Ms. Patricia Keatchie, Neighbour, in opposition to the application. Mr. Pink read the letter, a copy of which is attached.

Ms. Terry Ledger, Agent, 1891 Falkenburg Rd., Bracebridge, ON, P1L 1X4, attended the meeting. Ms. Ledger indicated this application was to correct an issue that had been overlooked on the original application, and is just a matter of housekeeping. Ms. Ledger noted the lot is narrow and rocky, making planting difficult. She also addressed concerns outlined in Ms. Keatchie’s letter, explaining the generator had not been on, and the living accommodations above the garage have been returned to being used as a

Page 6 of 10 Minutes – Committee of Adjustment – November 1, 2007

storage area.

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

Committee questioned Ms. Ledger how the lot coverage was calculated. Ms. Ledger indicated there would be a survey available in a couple of weeks.

Committee indicated they would prefer further plantings on the lot and noted a Lot Development Information Package was available for the Applicants.

Committee adjourned this application until a survey could be submitted. e. A-72/07, Acchione, Part of Lot 4, Concession 3, Lots 20 and 20A, Plan 16 (Wood), Roll #’s 8-3-011 and 8-3-030-01.

Mr. Pink 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 Stephen, Jerry and Angelina Bassett, requesting notification of decision. Mr. Pink read the letter, a copy of which is attached.

Mr. Anthony Acchione, Applicant, 8 Bluewater Trail, Barrie, ON, L4N 0G6, attended the meeting.

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

Committee questioned what type of dock exists, and if moved, what would be the water depth. Mr. Acchione indicated the dock is a floating dock, and explained he would have to move the whole dock and not be able to meet the set backs.

Committee questioned staff what the acceptable water depth for a boat would be. Mr. Fahner indicated 2 ½ feet of depth would be sufficient for a boat.

Committee indicated this property was only allowed a dock to begin with through a by- law amendment. Committee concluded they would allow the 16-foot extension but not the additional width.

Resolution Number: CA-08-29/10/2007

Member Edwards – Member Ellis: Be it resolved that Application A-72/07, Acchione, to permit the expansion of an existing dock, as shown on the plan attached to the Notice of Decision, is hereby approved for an 8 ft. X 16 ft. extension only.

Carried.

CONDITIONS: That the dock extension is 8 ft X 16 ft. only.

Page 7 of 10 Minutes – Committee of Adjustment – November 1, 2007

due to the shallow water depth the proposed dock is appropriate and the neighbours did not indicate any concerns. f. A-73-07, Klewans/Silverstein, Part of Lots 16 and 17, Concession 12, Parts 1-4, Plan 35R-20327 (Medora), Roll # 4-19-024-03.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Ms. Nancy LeBlanc, Agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. She provided the Committee with an updated plot plan, photographs, etc., copies of which are attached. Ms. LeBlanc explained there is a covenant on the property restricting any development beyond Part 2. She indicated there is an existing two-storey boathouse with a septic system as a result of a Consent in 2004. A 1200 square foot dwelling would be permitted. Ms. LeBlanc indicated the applicants were agreeable to entering into a Site Plan Agreement with the Municipality as well as conducting a Water Quality Assessment Study.

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

Committee indicated the Applicants were aware of the covenant when they purchased the property, noting they could conform to the by-law. Ms. LeBlanc explained the Applicants were aware of this at the time of purchase, but did not realize how restrictive the covenant was until they started planning the proposed dwelling.

Committee indicated this is a small lot and the development that is currently allowable under the by-law is appropriate for this lot.

Resolution Number: CA-09-29/10/2007

Member Edwards – Member Ellis: Be it resolved that Application A-73/07, Klewans/Silverstein, to permit the construction of a dwelling which will result in a lot coverage of 11%, 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 property is limited in building locations that are appropriate for the development of this lot due to its physical constraints and little tree cover. g. A-74/07, Clark/R & K Clark Enterprises Ltd., Part of Lot 23, Concession 3, Part 5, Plan 35R-11285 (Wood), Roll # 6-1-029.

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

Notice of the Hearing was circulated 12 days prior.

No Submissions were received.

Page 8 of 10 Minutes – Committee of Adjustment – November 1, 2007

Mr. Robert Clark, Applicant, P.O. Box 490, Gravenhurst, ON, P1P 1T8, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-10-29/10/2007

Member Edwards – Member Ellis: Be it resolved that Application A-74/07, Clark/R&K Clark Enterprises Ltd., to permit the construction of a two storey boathouse 28 feet nine inches from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. Ontario Municipal Board Decision, Holloway, A-18/07, Part of Lot 5, Concession 13, Part 3, Plan 35R-5581, (Medora), Roll # 4-8-016.

Mr. Fahner indicated there had been negotiations with Council, and the matter was settled. He noted the appellants are allowed 10.6% lot coverage.

b. Ontario Municipal Board Decision, Stivrins and Maile, B/9/10/11/06/ML, Part of Lots 31 and 32, Concession 14, (Watt), Roll #’s 2-27-042-01 and 2-27-048-10.

Mr. Fahner highlighted the points of the decision. He indicated Committee had considered this application a two-tier development, however, the Ontario Municipal Board did not concur.

11. Information Items

None.

12. New Business

a. Review of Consent and Minor Variance Procedures/Guides. A copy of the applications and procedures are attached.

Mr. Fahner reviewed the guide. He indicated changes related to the requirements of Bill 51 still need to be addressed. Mr. Fahner also indicated initiating a Planning Services Agreement should be completed to cover any expenses that may be incurred on consent

Page 9 of 10 Minutes – Committee of Adjustment – November 1, 2007

and minor variance appeals.

Committee indicated they would like to include information about the hearing procedures, noting this would be helpful to applicants, so they know what to expect. They also indicated they would prefer to see setbacks and coverage verified by a surveyor.

b. Review of Appointment/Remuneration By-laws.

Mr. Fahner indicated appointments for Committee of Adjustment are made each year for Councillors, and questioned Committee how they would prefer remunerations to be disbursed.

Committee indicated they preferred to only be paid for meetings that were attended, and the same persons should be appointed.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-11-29/10/2007

Member Edwards –Member Ellis: Be it resolved that the meeting adjourn at 11:14 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer

Page 10 of 10 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 19th, 2007, 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 Anna Mallin L. Hamm - Planning Administrative Assistant Susan Pryke S. Bos - Building Inspector

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-01-19/11/2007

Member Ellis – Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated November 19, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated October 29, 2007, is attached.

Resolution Number: CA-02-19/11/2007

Member Ellis– Member Edwards: Be it resolved that the minutes dated October 29, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

a. Mr. Nick Roche, Agent, and Ms. Barbara Black attended at 10:30 a.m., Re: Item 10.a., Unfinished Business, (Elliott/Black/Hampson).

b. Mr. John Welch, Applicant, attended at 10:45 a.m., Re: Item 10.b., Unfinished Business, (Welch).

Minutes – Committee of Adjustment – November 19, 2007

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

a. B/73/07/ML, Hood, Part of Lot 23, Concession 6, Part 1, Plan 35R-9706, Part 3, Plan 35R-7095, Part 16, Plan 35R-9339, (Medora), Roll # 5-4-055.

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 Mr. Douglas Porter, Neighbour, 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 reviewed the report, a copy of which is attached.

iv) Letter from Mr. Robert Pockham, 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 reviewed the history of the property and nature of the application. She indicated the proposed septic report was conducted by Mr. Wayne Moore, Cottage Country Environmental Services, explaining that Mr. Moore was currently out of the country and unable to provide any further comments at this time.

Committee expressed concerns regarding the proposed two storey boathouse and full development rights with only 339 feet of frontage.

Mr. Sandy Bos indicated he had visited the site and reviewed the proposed septic location. He explained the proposed severed lot is mostly bedrock, the area with soil is within the limit of the 100 foot setback determined by the Official Plan. He noted the proposed location determined by Mr. Moore, is unsuitable.

Ms. Ghikadis indicated the existing septic could be used for the proposed severed lot and a new septic could be constructed for the retained lot.

Committee noted they were particularly concerned with the waterfront density being proposed by this application.

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

This application was adjourned until it is determined there is a suitable location for a septic system to service the proposed severed lot.

A Lot Development Package was made available to the applicants.

Minutes – Committee of Adjustment – November 19, 2007

b. B/74/07/ML, Kingshott/Greer, Part of Lot 29, Concession 8, Part 1, Plan 35R-7077, (Watt), 3-2-100.

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.

Ms. Barbara Kingshott, Applicant, 2458 Windermere Rd., Windermere, ON, P0B 1P0, attended the meeting.

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-04-19/11/2007

Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/74/07/ML, (Kingshott/Greer), provided the following conditions are fulfilled:

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

3. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for frontages and areas on the severed and retained lot.

4. That a 10 foot wide land dedication to the District of Muskoka be made along the front of the severed and retained lot.

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

Carried.

7. Hearing of Consent Applications

None.

Minutes – Committee of Adjustment – November 19, 2007

8. Hearing of Minor Variance Applications

a. A-75/07, Hogarth, Part of Lot 8, Concession 9, Part 1, Plan M-432, (Medora), Roll # 4-5- 034.

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

Notice of the Hearing was circulated 12 days prior.

Submissions:

i) Letter from Mr. & Mrs. B. Brackley. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter from Ms. Diana Hogarth, Neighbour. 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 shoreline vegetation was non-existent, and they are prepared to enter into a Site Plan Agreement with the municipality. He explained the Applicants would like to close in the area of the structure subject to this application so that it will be a boathouse, not a boat port.

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

Committee had no questions.

Resolution Number: CA-05-19/11/2007

Member Mallin- Member Pryke: Be it resolved that Application A-75/07, Hogarth, to permit the construction of a single storey boathouse which will result in a lot coverage of 10.84%, as shown on the plan attached to the Notice of Decision, is hereby approved, subject to the submission of a satisfactory site plan and securities for the re-naturalization of the shoreline.

Carried.

CONDITIONS: The submission of a satisfactory site plan and securities for the re-naturalization of the shoreline.

b. A-76/07, Drinkwalter and Turner, Part of Lot 14, Concession B, Lot 283, Plan 1, (Bala), roll # 7-10-022.

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

Notice of the Hearing was circulated 12 days prior.

Submissions:

Minutes – Committee of Adjustment – November 19, 2007

i) Letter from Mr. Daniel Turner. 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-06-19/11/2007

Member Pryke- Member Mallin: Be it resolved that Application A/76/07/ML be Drinkwalter and Turner, to permit the construction of a garage 6 feet from the rear lot line and 18 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 that proposed garage is the best use on the subject property and will result in the removal of the temporary structure. c. A-77/07, The Avenue Group Inc., Part of Lot 27, Concession 7, Lot 18, Plan M-679, (Medora), Roll # 4-19-001-09.

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. Susan Hibbard, Applicant, 1404 Constance Dr., Oakville, ON, L6J 2T9, attended the meeting.

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

Committee had no questions.

Resolution Number: CA-07-19/11/2007

Member Mallin- Member Pryke: Be it resolved that application A-77/07/ML, The Avenue Group Inc., to permit the construction of a dwelling 10 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 – November 19, 2007

d. A-78/07, McCleary, Part of Lot 10, Concession 1, (Wood), Roll # 8-1-018.

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. Ed Voisin, 1017 Elm St., Bala, ON P0C 1A0, attended the meeting.

Committee asked what the area under the porch would be used for. Mr. Voisin indicated it would be a crawl space.

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

Resolution Number: CA-08-19/11/2007

Member Pryke- Member Mallin: Be it resolved that Application A-78/07/ML, McCleary, to permit the construction of addition (sunroom) 54 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

e. A-79/07, Smart, Part of Lot 29, Concession 8, Part of Lot 14, Plan M-113, (Wood), Roll # 6-9-033.

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

Notice of the Hearing was circulated 12 days prior.

Submission:

i) Letter from Mr. Gordon and Ms. Donna Smart. Mr. Ellis read the letter, a copy of which is attached.

ii) Letter from Mr. and Mrs. Johnson. Mr. Ellis read the letter, a copy of which is attached.

iii) Letter from Ms. Catherine Elliott. 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 concerns about the height of the building. Mr. Ellis indicated the structure is 18.5 feet high as submitted by the applicant.

Minutes – Committee of Adjustment – November 19, 2007

Committee determined they would adjourn this application until a building location survey was done to verify the setback and height of the structure.

f. A-80-07, Howe, Part of Lots 5 and 6, Concession 11, Parts 1 and 2, Plan 35R-21764, (Medora), Roll # 4-7-022.

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. Larry Howe, Applicant, RR #3, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Howe indicated he was proposing the increase in height to add pitch to the roof for architectural reasons.

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

Committee had no questions.

Resolution Number: CA-09-19/11/2007

Member Pryke- Member Mallin: To permit the reconstruction of a boathouse 15 feet from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

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

Notice of the Hearing was circulated 12 days prior.

Submissions:

i) Letter from Ottavio Colosimo, indicating Ms. Carley Hills from the law firm of Lee, Roche and Kelly will act as agent. Mr. Ellis read the letter, a copy of which is attached.

Ms. Carley Hills, Agent, 6 Dominion St., Bracebridge, ON, P1L 1V2, attended the meeting. Ms. Hills indicated the new property owners discovered, through an updated survey, the boathouse was not in compliance with the by-law. This application is to legalize the boathouse.

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

Minutes – Committee of Adjustment – November 19, 2007

Committee had no questions.

Resolution Number: CA-10-19/11/2007

Member Mallin- Member Pryke: Application A-81/07, Baran, to permit an existing boathouse to be 25.3 feet in height and to allow the floor area of a sleeping cabin to be 670 square feet, the construction of a two storey boathouse 28 feet nine inches from the side lot line, as shown on the plan attached to the Notice of Decision, is hereby approved.

Carried.

9. Correspondence

None.

10. Unfinished Business

a. B/23-32/07/ML, Elliott, Black, Hampson, Part of Lot 28, Concession C, (Medora), Roll #’s 4-23-041, 4-23-042, 4-23-047. These applications were adjourned at the hearing held on May 14, 2007, at the applicants’ request.

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

No Submissions were received.

Mr. Nick Roche, Agent, Box 990, Bracebridge, ON, P1L 1V2, attended the meeting. Mr. Roche explained this application has been in the works for a long time, and this is now ready to finalize.

Ms. Barbara Black , 1304 Cumonck Cres., Oakville, ON, L6J 2N7, attended the meeting. Ms. Black explained these applications are to establish parking areas and rights.

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

Committee had no questions.

Resolution Number: CA-11-19/11/2007

Member Edwards – Member Ellis: Be it resolved that consent be granted for Application B/23-32/07/ML, (Elliot/Black/Hampson), provided the following conditions are fulfilled:

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

Minutes – Committee of Adjustment – November 19, 2007

REASONS: This application will conform to 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/70/07/ML, Welch, Part of Lots 61 and 62, Concession B, Part 1, Plan 35R-4557, (Cardwell), Roll # 1-1-040-01. This application was adjourned at the hearing held on October 5, 2007.

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

No Submissions were received.

Mr. John Welch, 1019 Crawford St., Rosseau, ON, P0C 1J0, attended the meeting. Mr. Welch distributed photographs for Committee’s review, copies of which are attached. He explained the photographs and showed Committee the location on the property sketch.

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

Committee had no questions.

Resolution Number: CA-12-19/11/2007

Member Edwards – Member Ellis: Be it resolved that consent be granted for Application B/70/07/ML, (Welch), provided the following conditions are fulfilled:

REASONS: This application will conform to 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

None.

12. New Business

None.

Minutes – Committee of Adjustment – November 19, 2007

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-13-19/11/2007

Member Mallin –Member Pryke: Be it resolved that the meeting adjourn at 10:59 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 10th, 2007, 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-01-10/12/2007

Member Pryke– Member Edwards: Be it resolved that the Committee of Adjustment Meeting Agenda dated December 10, 2007, be adopted.

Carried.

3. Declaration of Conflict of Interest

None.

4. Adoption of Minutes

a. A copy of the Minutes dated November 19, 2007, is attached.

Resolution Number: CA-02-10/12/2007

Member Edwards – Member Pryke: Be it resolved that the minutes dated November 19, 2007, be adopted and approved as circulated.

Carried.

5. Delegations

None

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

a. B/77/07/ML, Judges and Dyer, Part of Lot 11, Concession 3, Part 3, Plan 35R-10279, (Monck), 9-1-030-01.

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

Minutes – Committee of Adjustment – December 10, 2007

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 reviewed the report, a copy of which is attached.

iii) Letter from Mr. Tom Bunker requesting a deferral as the Applicant is out of the country. A copy of the letter is attached

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

Committee had no questions.

Resolution Number: CA-03-19/11/2007

Member Pryke – Member Edwards: Be it resolved that Consent be granted for Application B/77/07/ML, (Judges and Dyer), provided the following conditions are fulfilled:

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.

iii) Letter from Mr. Doug McIntyre, Applicant. Mr. Ellis read the letter, a copy of which is attached.

iv) Letter from Idele & Rod Hynes, neighbours, in support of the application. Mr. Ellis read the letter, a copy of which is attached.

2 Minutes – Committee of Adjustment – December 10, 2007 v) Letter from Anthony Roach and Joelle Roach, neighbours, in opposition to the application. Mr. Ellis read the letter, a copy of which is attached. vi) Letter from Michael K Bateman and M Karla Minello Bateman, neighbours, in opposition to the application. Mr. Ellis read the letter, a copy of which is attached. vii) Letter from Mr. George Elliott, neighbour, in opposition to the application. Mr. Ellis read the letter, a copy of which is attached. viii) Letter from Mr. Armash Dindar, GAE Equities Inc., neighbour, in opposition to the application. Mr. Ellis read the letter, a copy of which is attached. ix) Letter from Camille Lampman, neighbour, in opposition to 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, copies of which are attached.

Mr. Doug McIntyre, Applicant, Suite 803, 9 Burnahamthorpe Cresc., Etobicoke, ON M9A 0A6, attended the meeting. Mr. McIntyre indicated he is concerned with over- development, noting the natural shoreline of his property is maintained. He reviewed the purpose and effect of the application, noting they currently have a single storey boathouse and a sleeping cabin. Mr. McIntyre indicated he could build a 7500 square foot dwelling along with a two storey boathouse.

Ms. Ghikadis, indicated the applicant also shares the concerns pointed out in the letters objecting to the application, noting that careful consideration was used in planning the proposed development. Ms. Ghikadis explained the proposal conforms with the requirements for steep slopes, as well as density and water quality, all identified in the letter from the District Municipality of Muskoka. Ms. Ghikadis indicated the setback of the proposed cottage would be 75 feet as the owners are cognizant and mindful of the narrow body, and sensitive to the neighbours’ concerns. Ms. Ghikadis noted that setting a precedent would be a valid concern if the applicants were asking for full development rights, but they are not, they are trying to control the built form. What is proposed is less than what would be allowed, and is appropriate and keeping with the goals and objectives of the Official Plan.

Committee requested Ms. Summer Valentine, Planner, District Municipality of Muskoka, to clarify the issues identified in her letter. Ms. Valentine indicated the increase in setbacks, and reduced shoreline structures along with Site Plan Control would be appropriate.

Mr. Fahner indicated undersized lots on a narrow waterbody have not been approved in the past.

Committee indicated concern with the application, noting several letters of objection to the application, as well as the possibility that future owners may not demonstrate the same concern for the environment as Mr. McIntyre.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-04-10/12/2007 Member Pryke – Member Edwards: Be it resolved that Consent Application 3 Minutes – Committee of Adjustment – December 10, 2007

B/78/07/ML, (McIntyre), be denied.

Reasons: This application does not 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.

Defeated. c. B/79/80/81/07/ML, DeFrancisco, Part of Lot 34, Concession 2, (Watt), Roll #’s 2-7-019,

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. Bob List, Agent, List Planning Ltd., 103 Southbank Drive, Bracebridge, ON, P1L 1G2, attended the meeting. Mr. List reviewed the history of the property and noted that previous applications made on this lot have been denied. He explained the recommendations from Michalski Nielson’s report are being implemented, a new assessment has been conducted on the fisheries, and indicated the District Municipality of Muskoka water quality model has been updated stating Brandy Lake is no longer at capacity. Mr. List explained the District Municipality of Muskoka Official Plan Amendment 32, was under appeal, but is now in effect. He indicated the Township of Muskoka Lakes Zoning By-law 87-87 as amended, is not in conformity with the District Official Plan, noting the municipality has one year from the date the Amendment went into effect to conform to it. Mr. List indicated there are no steep slopes or narrow bodies, and character is not a consideration with lot size. Mr. List recommended a “–7” zone to impose Site Plan Control and enter into a 51(26) Agreement.

Committee questioned Mr. List if the frontage was correct. Mr. List indicated he would confirm the frontage with the surveyor.

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-05-10/12/2007

Member Pryke – Member Ellis: Be it resolved that Consent be granted for Application B/78/79/80/07/ML, (DeFrancisco), 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.

4 Minutes – Committee of Adjustment – December 10, 2007

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. 4. The findings of the Peer Review for the Fisheries Habitat Assessment by Michalski Nielsen be incorporated into By-law 2007-127 and/or a consent agreement with the Township. 5. The subject lands be brought into conformity with the Zoning By-law to rezone the lands from Waterfront Residential (WR4) Zone to Waterfront Residential (WR1) Zone and to restrict the locations of shoreline structures. 6. The lands be subject to an agreement with the District Municipality of Muskoka pursuant to Section 51(26) of the Planning Act, R.S.O. 1990, as amended, respecting the location of wells on the property in relation to the Muskoka Road. Carried.

7. Hearing of Consent Applications

a. B/75/76/82/83/07/ML, Cranberry Cove Holdings Limited, Part of Lot 15, Concession F, Parts 2 and 3, Plan 35R-11290, Part 1, Plan 35R-5958, (Medora), 6-17-005, 6-17-005- 04, 6-17-005-05.

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 Mr. W. R. Coleman, in objection to the application. Mr. Ellis read the letter, a copy, of which is attached.

Mr. Ted Williams, Agent, E. J. Williams Surveying Ltd., 6-133 Hwy 60, Huntsville, ON, P1H 1C2, attended the meeting. Mr. Williams explained when the plans to expand the fitness centre were being considered, it was discovered the centre had been built straddling a lot line. Mr. Williams explained the application is a reconfiguration of the existing lots. The Staff Housing is to be separated from the resort properties. He indicated each of the subject lots have existing access onto the District road.

Mr. Shawn Leon, Owner, 46 Fairway Heights Dr., Thornhill, ON, L3T 3A9, attended the meeting. Mr. Leon explained the purpose of the application is to realign the lot lines, noting there are issues of lot lines running through existing buildings, which had been discovered when the addition was proposed for the fitness centre building. He indicated the buildings are on one lot and the septic system is on a different lot, and the severances proposed are to correct the problems that exist.

Ms. Irene Burton, neighbour, 1216 Medora Lake Rd., Bala, ON, P0C 1A0, attended the

5 Minutes – Committee of Adjustment – December 10, 2007

meeting. Ms. Burton indicated her opposition to the proposed application due to concerns with future development of the northern lot, in particular the impact it may have on her well water and any blasting that may be carried out.

Ms. Janice Jackson, neighbour, Box 465, Bala, ON P0C 1A0, attended the meeting in opposition to the application. Ms. Jackson indicated she has concerns for future development and the impact to wildlife on the subject lots.

Mr. Jim Burton, neighbour, 1216 Medora Lake Rd., Bala, ON, P0C 1A0, attended the meeting in opposition to the application. Mr. Burton indicated concerns regarding the future development of the lots, the impact to his well water and odours of the existing septic system.

Committee requested staff to outline the history of these lots and how a resort had been developed over three lots.

Mr. Fahner indicated this was originally a small hotel/restaurant known as the Hacienda, and was developed on only one lot. The new owner at that time purchased other lots and the Municipality believed this was in one ownership and, therefore one lot. It was discovered these are three separate lots when the addition to the fitness centre was proposed. The solicitor confirmed this. Mr. Fahner indicated these lots were created by Consent. The Consent must be broken in order to combine them. He noted he has concerns with regards to separating the sewage system from the resort property.

Committee asked staff how soon the response was expected from the Ministry of Environment regarding the septic system. Mr. Ellis indicated it would be approximately two months for the Ministry to respond.

Committee indicated they thought these lots should be merged into one lot, and questioned if the entrance on the middle lot was approved for commercial use. Ms. Valentine indicated she had been unable to conduct a site visit, but noted Mr. Jim Sword had submitted comments regarding the reduction of the frontage, but no comments pertaining to the entrance. She indicated she would look into it and see what the status is.

Committee indicated there are three issues with this application, access, septic, and Species at Risk. Committee determined this should be adjourned until further information could be provided and these issues resolved.

No one attended in support of to the application.

A Lot Development Package was made available to the applicants.

Resolution Number: CA-06-10/12/2007

Member Pryke – Member Ellis: Be it resolved that Consent Application be adjourned until an application that proposes a legal right-of-way across the retained lot is received and to receive comments from the Ministry of the Environment regarding the proposed septic system, clarification of access to the retained lot, concerns from the Ministry of Natural Resources are addressed, and concerns regarding fragmentation of the resort are addressed.

Carried. b. B/84/07/ML, Barcham, Part of Lot 31, Concession 3, (Watt), 2-5-083. 6 Minutes – Committee of Adjustment – December 10, 2007

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.

The Applicant was present but did not wish to comment.

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-07-10/12/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/84/07/ML, (Barcham), provided the following condition is fulfilled.

1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan.

Carried. c. B/85/07/ML, Robinson, Part of Lot 31, Concession 3, Part of Lot 76, Lot 77, Plan 1, (Port Carling), 5-8-104, 5-8-105.

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.

Mr. Bill Grimmitt, Agent, Box 365, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Grimmitt explained he discovered the properties are in the same ownership, and the lots inadvertently merged. This is a separation of uses.

7 Minutes – Committee of Adjustment – December 10, 2007

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-08-10/12/2007

Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/85/07/ML, (Robinson), provided the following conditions are fulfilled:

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

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

Carried.

8. Hearing of Minor Variance Applications

a. A-82/07, Judges and Dyer, Part of Lot 11, Concession 7, Part 3, Plan 35R-10279, (Monck), 9-1-030-01. This application is concurrent with B/77/07/ML. Please refer to Item 6.a. for additional information.

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

Notice of the Hearing was circulated 11 days prior.

Submissions:

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-09-10/12/2007

Member Ellis– Member Edwards: Be it resolved that Application A-82/07, Judges and Dyer, to allow one additional lot to be created resulting in two lots with 275 of frontage, as shown on the plan attached to the Notice of Decision is hereby approved.

Carried.

8 Minutes – Committee of Adjustment – December 10, 2007

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 reduced lot frontage is insignificant, the proposed lots are in character of the area and the neighbours did not indicate any concerns. b. A-83/07, Scott, Part of Lot 21, Concession E, Part 1, Plan 35R-18582, (Medora), 6-19- 033-01.

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. Lawrence Scott, Applicant, 60 Barrington Drive, Oakville, ON, L6J 4B2, attended the meeting. Mr. Scott indicated the proposal avoids the removal of trees, and noted the parking lot will be reduced.

Committee indicated they would allow the 11% lot coverage for a single storey garage but would not allow the 24 feet in height for a second storey.

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

Resolution Number: CA-10-10/12/2007

Member Ellis – Member Edwards: Be it resolved that Member Ellis – Member Edwards: Be it resolved that Application A-83/07, Scott, to permit the construction of a garage that is single storey with a coverage of 11%, as shown on the plan attached to the Notice of Decision is hereby approved.

Carried.

CONDITIONS: That the garage is single storey only.

REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted a single storey garage would be non-habitable and the height can comply with the requirements of the zoning by-law. c. A-84/07, Ochshorn, Part of Lot 15, Concession 12, Part 2, Plan 35R-19619, (Medora), 4- 12-034-02.

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

Notice of the Hearing was circulated 11 days prior.

Mr. Bill Grimmett, Agent, Box 365, 61 Joseph Street, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Grimmett indicated he was representing the previous owner, and this is to correct a problem of the location of the docks. Mr. Grimmett handed out a sketch, demonstrating where the docks are currently located and where they were supposed to be located, a copy of which is attached. He indicated the Department of 9 Minutes – Committee of Adjustment – December 10, 2007

Fisheries and Oceans inspected the completed dock, but they were unaware of the previously approved location. Mr. Grimmett explained this area of the Joseph River is sensitive, and a report prepared by Michalski Nielson indicated it would not be beneficial to move the dock as it would be harmful to the habitat.

Committee indicated substantial tree plantings should be requested as a condition of the Variance. Mr. Fahner indicated approximately 20 trees had been removed, and a Site Plan Agreement with securities should be imposed. He noted large trees, of nursery stock would need to be planted as this area appears to be a deer wintering area. Committee indicated this could cost $25,000.

No submissions were received.

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

Committee had no questions.

Resolution Number: CA-11-10/12/2007

Member Ellis – Member Edwards: Be it resolved that Application A-84/07, Ochshorn, to permit existing docks and a boathouse to be located as shown on the plan attached to the Notice of Decision, is hereby approved provided a satisfactory re-naturalization plan, for a portion of the shoreline area, along with securities is submitted.

Carried.

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

d. A-85/07, Fasken, et al, Parts 1 and 2, Plan 35R-8986, Mazengah Island, Lake Rosseau, (Medora), Roll # 4-26-011.

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

Notice of the Hearing was circulated 11 days prior.

Submissions:

i) Letter from Mr. Bill Moffatt, indicating no objection to the application. Mr. Ellis read the letter, a copy, of which is attached.

Ms. Terry Ledger, Agent, 1891 Falkenburg Road, Bracebridge, ON, P1L 1X4, attended the meeting. Ms. Ledger reviewed a letter from the property owner. She explained the proposed addition was within an existing building envelope, and could build a second storey up to 10% lot coverage. She indicated no trees were to be removed, and would remain naturally vegetated.

10 Minutes – Committee of Adjustment – December 10, 2007

Mr. Fahner indicated a two storey dwelling would not likely receive septic approval due to the small size of the lot.

Committee asked if there was a report from the septic inspector. Mr. Ellis indicated there was not.

Committee indicated this is a small lot already at 15.4% lot coverage. Mr. Fahner indicated this lot would not be a building lot today.

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

Resolution Number: CA-10-10/12/2007

Member Elllis – Member Edwards: Be it resolved that Application A-85/07, Fasken, to permit the construction of an addition which will result in a lot coverage of 16.04%, as shown on the plan attached to the Notice of Decision, is hereby approved.

Motion Defeated.

e. A-86/07, 2134999 Ontario Limited, Part of Lot 15, Concession B, Lot 163, Plan 21, (Bala), 7-11-038.

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

Notice of the Hearing was circulated 11 days prior.

Submission:

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

Mr. Suresh Singh, Applicant, 800-36 King St., Toronto, ON, M51C5, attended the meeting. Mr. Singh indicated they could build to comply with the zoning by-law, but it would not be appropriate for the area, and noted he wanted to reduce the impact to the neighbouring properties. A site sketch was handed out, a copy of which is attached.

Ms. Carolann Tompkins, Neighbour, Box 106, Bala, ON, P0C 1A0, attended the meeting. Ms. Tompkins commented the proposed structure is very large and will generate traffic.

Mr. Steve Taylor, Neighbour, 2185 Sheridan Park Dr., Mississauga, ON, L5K 1C7, attended the meeting in opposition to the application. Mr. Taylor indicated he has concern with the location of the driveway, noting it would kill his fruit trees, which are planted along the lot line of the property. He also explained this building will be erected in an old established neighbourhood and did not conform to the character of the area.

Ms. Pam McDivitt, Neighbour, Bala, ON, P0C 1A0, attended the meeting. Ms. McDivitt 11 Minutes – Committee of Adjustment – December 10, 2007 indicated she had concerns with the size of the structure and staff housing to be allowed.

Ms. Doreen Wilson, Neighbour, Box 678, Bala, ON, P0C 1A0, attended the meeting. Ms. Wilson indicated the large size of this structure would eliminate the morning sun into her home, and affect the value of her property. She noted she may have to put up fencing and wanted to know how the property would be used.

Ms. Maureen Webb, Real Estate Agent, Box 636, Bala, ON, P0C 1A0, attended the meeting. Ms. Webb explained she has clients that wish to purchase property across the street from the proposed structure, and wanted to confirm the proposed use.

Mr. Singh indicated there was sufficient area for the parking or entrance, noting the building meets the requirements of the Zoning By-law.

Committee questioned the Mr. Singh about the size of the floor area and the use of the property. Mr. Singh indicated the dwelling would be 500 square metres (5360 square feet), and it was a single family dwelling according to the By-law.

Committee asked Mr. Singh if the property would be used by a single family and how many vehicles would be parked at this property. Mr. Singh indicated the dwelling would be rented by employees in the area, and a shuttle bus would be used.

Committee had a discussion on the proposed use of the property. There were concerns with a rooming house in a residential area such as this, especially in regards to parking and neighbourhood privacy.

Mr. Fahner indicated the municipality could not regulate people. He explained case law makes it illegal to define a family. He noted the definition of family within Comprehensive Zoning By-law 87-87, as amended, had to be changed to reflect these changes within the Planning Act. He explained the new section in the Planning Act (S.35. (2)) states, that an approval authority cannot pass a by-law that defines who lives in buildings. Approval authorities can only deal with the structures themselves.

Committee indicated the Applicant should have just come forward and indicated this is going to be staff housing. Mr. Singh explained he used the technical term to what is going to be built according to the zoning by-law. Mr. Singh indicated there would be 11 bedrooms.

The neighbours, were asked which option they preferred. The neighbours indicated they preferred to have the structure built closer to the fire hall and further from the private residences.

Resolution Number: CA-13-10/12/2007

Member Ellis – Member Edwards: Be it resolved that Application A86/07, 2134999 Ontario Limited, to permit the construction of a dwelling seven feet from the 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 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 location of the 12 Minutes – Committee of Adjustment – December 10, 2007

dwelling is the best suited one.

9. Correspondence

None.

10. Unfinished Business

None.

11. Information Items

None.

12. New Business

None.

13. Statistics

None.

14. Committee in Closed Session

None.

15. Adjournment

a. Resolution Number: CA-14-10/12/2007

Member Ellis –Member Edwards: Be it resolved that the meeting adjourn at 12:26 a.m.

Carried.

Brian Hare, Chair Stephen Fahner, Secretary-Treasurer