Algonquin Highlands Committee of Adjustment, the Approval Authority in These Matters

The Township of Algonquin Highlands

Committee of Adjustment Meeting AGENDA Stanhope Firefighters' Community Hall

Friday, June 30, 2017 1:00 P.M.

Page

1. CALL TO ORDER

2. APPROVAL OF MEETING MINUTES

2 - 5 a Committee of Adjustment Meeting Minutes - May 26, 2017.

3. NEW BUSINESS

6 - 19 a Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Township of Stanhope - Boshkung Lake (SCOTT & ANDERSON).

20 - 31 b Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic Township of Stanhope - Kushog Lake (WILLICK).

32 - 43 c Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographic Township of Stanhope - Halls Lake (MORROW).

44 - 59 d Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic Township of Stanhope - Buckslide Creek (DALLAIRE & FOWLER).

4. ADJOURN

Page 1 of 59 AGENDA ITEM #a

COMMITTEE OF ADJUSTMENT MEETING MINUTES OF MAY 26TH, 2017.

HELD AT THE STANHOPE FIREFIGHTERS’ COMMUNITY HALL 1095 NORTH SHORE ROAD

Committee Members Present: Councillor Liz Danielsen, Councillor Marlene Kyle, Councillor Brian Lynch, John Clayton.

Absent: None.

Also Present: Sean O’Callaghan, Secretary-treasurer, Mitch O’Grady, Lanny Dennis, Phill Jenkinson, John McCoy, William Pattenden.

The meeting was called to order at 1:00 p.m. by The Secretary-treasurer.

APPOINTMENT OF ACTING CHAIR

MOVED BY: Marlene Kyle SECONDED BY: John Clayton

BE IT RESOLVED THAT the Committee of Adjustment hereby appoints Liz Danielsen as the Acting Committee Chair for the meeting of May 26th, 2017.

CARRIED.

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

None declared.

ADOPTION OF MINUTES

MOVED BY: Brian Lynch SECONDED BY: John Clayton

BE IT RESOLVED THAT Committee of Adjustment hereby approves, as circulated, the meeting minutes of March 31st, 2017.

CARRIED.

APPLICATIONS

i) AH-MV-003/17 – Pattenden – Kimball Lake

PURPOSE AND EFFECT:

1. To seek relief from Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 21.6 metres (70.9 feet) to 19.46 metres (63.5 feet) for the purpose of constructing a 462 sq ft addition to an existing dwelling, a variance of 2.14 metres (7.4 feet).

The Secretary-treasurer provided a summary of the application.

William Pattenden, owner, was present to speak to the application.

The Secretary-treasurer advised that no letters of objection were received.

The Chair called for anyone else wishing to speak to, for or against the application. There were no comments from the public.

MOVED BY: John Clayton SECONDED BY: Marlene Kyle

BE IT RESOLVED THAT the Committee of Adjustment hereby approves Minor Variance Application AH-MV-003/17 submitted by Pattenden to:

1. Seek relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 21.6 metres (70.9 feet) to 19.46 metres (63.5 feet) for the purpose of constructing a 462 sq ft addition to an existing dwelling, a variance of 2.14 metres (7.4 feet).

Subject to the conditions noted below:

Committee of Adjustment Meeting Minutes - May 26, 2017. Page 2 of 59 AGENDA ITEM #a

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 19.46m (63.5 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit;

2. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

3. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

CARRIED.

ii) AH-MV-004/17 – Hill – Kushog Lake

PURPOSE AND EFFECT:

1. To seek relief from Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 ft) to 12.4 metres (41 feet) for the purpose of constructing a 336 sq ft addition to an existing dwelling, a variance of 2.6 metres (8.2 feet).

The Secretary-treasurer provided a summary of the application.

Mitch O’Grady, agent representing the owner, was present to speak to the application.

The Secretary-treasurer advised that no letters of objection were received.

The Chair called for anyone else wishing to speak to, for or against the application. There were no comments from the public.

Mr. O’Grady requested the condition requiring a site evaluation report be removed.

By way of Committee vote, the Secretary-treasurer was directed to delete the condition requiring a site evaluation report.

MOVED BY: Brian Lynch SECONDED BY: Marlene Kyle

BE IT RESOLVED THAT the Committee of Adjustment hereby approves Minor Variance Application AH-MV-004/17 submitted by Hill to:

1. Seek relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 ft) to 12.4 metres (41 feet) for the purpose of constructing a 336 sq ft addition to an existing dwelling, a variance of 2.6 metres (8.2 feet).

Subject to the conditions noted below:

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 12.4m (41 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit;

2. The Original Shore Road Allowance in front of the subject lands being stopped up, closed and purchased;

3. Confirmation that the identified Bunkie on the subject lands meets the definition of a sleeping cabin as defined under section 3.150 of the Zoning By-law;

4. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

5. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

CARRIED.

iii) AH-MV-005/17 – Lawrence – Raven Lake

PURPOSE AND EFFECT:

Committee of Adjustment Meeting Minutes - May 26, 2017. Page 3 of 59 AGENDA ITEM #a

1. To seek relief from Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 ft) to 4.8 metres (16 feet) for the purpose of constructing a 315 sq ft addition to an existing dwelling, a variance of 10.2 metres (33.2 feet).

The Secretary-treasurer provided a summary of the application.

The Secretary-treasurer advised that no letters of objection were received.

The Chair called for anyone else wishing to speak to, for or against the application. There were no comments from the public.

MOVED BY: John Clayton SECONDED BY: Brian Lynch

BE IT RESOLVED THAT the Committee of Adjustment hereby approves Minor Variance Application AH-MV-005/17 submitted by Lawrence to:

1. Seek relief from Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 ft) to 4.8 metres (16 feet) for the purpose of constructing a 315 sq ft addition to an existing dwelling, a variance of 10.2 metres (33.2 feet).

Subject to the conditions noted below:

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 4.8m (16 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit;

2. The Original Shore Road Allowance in front of the subject lands being stopped up, closed and purchased;

3. The outdoor shower being removed from the subject lands;

4. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

5. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

CARRIED.

iv) AH-MV-006/17 – McCoy – Kawagama Lake

PURPOSE AND EFFECT:

1. To seek relief from section 4.2.6 of Comprehensive Zoning By-Law 03-22 to increase the permitted accessory structure lot coverage from 5% to 7%, a variance of 2%.

The Secretary-treasurer provided a summary of the application.

Phill Jenkinson, agent representing the owner, and John McCoy, Owner, were present to speak to the application.

The Secretary-treasurer advised that no letters of objection were received.

The Chair called for anyone else wishing to speak to, for or against the application. There were no comments from the public.

MOVED BY: Brian Lynch SECONDED BY: John Clayton

BE IT RESOLVED THAT the Committee of Adjustment hereby approves Minor Variance Application AH-MV-006/17 submitted by McCoy to:

1. Seek relief from section 4.2.6 of Comprehensive Zoning By-Law 03-22 to increase the permitted accessory structure lot coverage from 5% to 7%, a variance of 2%.

Subject to the condition noted below:

1. The lot coverage of the principle building not exceeding 13%.

Committee of Adjustment Meeting Minutes - May 26, 2017. Page 4 of 59 AGENDA ITEM #a

CARRIED.

v) AH-MV-007/17 – Job – Lake of Bays

PURPOSE AND EFFECT:

To seek relief from:

1. Section 4.2.9 e) ii) of Comprehensive Zoning By-Law 03-22 to permit a gazebo on a dock;

2. Section 4.2.9 g) i) of Comprehensive Zoning By-Law 03-22 to reduce the required setback from the high water mark for a gazebo from 4.5m to 0m, a variance of 4.5m; and,

3. Section 4.2.9 g) iii) of Comprehensive Zoning By-Law 03-22 to increase the permitted floor area of a gazebo from 10sq m (107.6 sq ft) to 24sq m (258.3 sq ft), a variance of 14sq m (150.7 sq ft).

The Secretary-treasurer provided a summary of the application.

Lanny Dennis, agent representing the owner, was present to speak to the application.

The Secretary-treasurer advised that no letters of objection were received.

The Committee raised concerns of permitting a gazebo on a dock.

Mr. Dennis confirmed the structure would not have any walls or a solid roof, reducing the visual impact of the proposed gazebo.

The Chair called for anyone else wishing to speak to, for or against the application. There were no comments from the public.

MOVED BY: John Clayton SECONDED BY: Brian Lynch

BE IT RESOLVED THAT the Committee of Adjustment hereby approves Minor Variance Application AH-MV-007/17 submitted by Job to:

To seek relief from:

1. Section 4.2.9 e) ii) of Comprehensive Zoning By-Law 03-22 to permit a gazebo on a dock;

2. Section 4.2.9 g) i) of Comprehensive Zoning By-Law 03-22 to reduce the required setback from the high water mark for a gazebo from 4.5m to 0m, a variance of 4.5m; and,

3. Section 4.2.9 g) iii) of Comprehensive Zoning By-Law 03-22 to increase the permitted floor area of a gazebo from 10sq m (107.6 sq ft) to 24sq m (258.3 sq ft), a variance of 14sq m (150.7 sq ft).

CARRIED.

ADJOURNMENT

MOVED BY: Marlene Kyle SECONDED BY: John Clayton

BE IT RESOLVED THAT the Committee of Adjustment hereby adjourns its regular meeting at 1:57 p.m.

CARRIED.

______ACTING CHAIR SECRETARY-TREASURER, Sean O’Callaghan

Committee of Adjustment Meeting Minutes - May 26, 2017. Page 5 of 59 AGENDA ITEM #a

rm-ammgonquuvuquanao STAFF REPORT TO THE COMMITTEE OF ADJUSTMENT

Department: Planning Staff Name: Sean O’Cal|aghan

Date: June 30”‘,2017 Report Number: PL—042-17

Subject: MinorVariance Application AH-MV-O08/17 — Part of Lot 14, Concession 3, Geographic Township of Stanhope, Boshkung Lake (Scott and Anderson).

Background:

The purpose of this report is to provide the Committee of Adjustment with a summary and recommendation concerning Minor Variance Application AH-MV-O08/17 which is an application to:

1. Seek relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 28.9 metres (95 feet) to 23.4 metres (77 feet) for the purpose of constructing a 477 sq ft addition, a variance of 5.5 metres (18 feet).

Discussion:

The subject lands are approximately 0.64ac (0.25ha) with 30m (100ft) of frontage on Boshkung Lake.

The surrounding uses are generally Shoreline Residential. The lands are currently developed with a dwelling, 2 sheds, a Bunkie/workshop and a dock.

The owner is proposing to construct a 477sq ft addition to the existing dwelling. The existing dwelling is currently setback approximately 28.9m and the proposed screened in porch will be setback 23.4m from the high water mark.

Policy Document Review:

Township of Algonquin Highlands Official Plan

The Official Plan designates the property as Waterfront,

Policy 4.5.2.7 indicates that Boshkung Lake is “moderately sensitive to additional shoreline development" and is nearing development capacity.

Policy 5.2.6.12 states: In general, development and site alteration, with the exception of approved shoreline structures, should be setback a minimum of 30 metres (100 feet) from the high water mark of lakes, rivers and streams.

Policy 5.2.6.13 states: “A lesser setback may be permitted if:

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 6 of 59 AGENDA ITEM #a

Page 2 of 3

o it is not physically possible, due to terrain or lot depth features, to meet the required setback on existing vacant lot of record that was in existence prior to August 29, 2005; - in the case of redevelopment of a property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback; and, o a site evaluation report in support of the request to reduce the setback is submitted, to the satisfaction of the Township (which may include peer review) and at the expense of the proponent.

The proposed screened in porch will be located on the front of the dwelling and willencroach 5.5m closer to the high water mark than the existing dwelling. The lot is rather thin and if the addition were to be constructed on the side of the existing dwelling it would be quite close to the neighbouring dwelling likely having a negative impact on the adjacent lands. The driveway to the rear of the dwelling restricts appropriate building sites for expansion onto the existing structure to the front yard. The proposed addition will not project beyond the front of the dwellings located on each of the adjacent parcels. The subject lands are fairly flat reducing the potential for significant drainage runoff resulting from the proposal. Minimalsite alteration will be required to accommodate the proposed addition. Should Committee approve this application itwill be recommend a condition be included limiting the maximum width of the permitted shoreline structure on the subject lands to 15% from 30% to further reduce the potential for impact of the Boshkung Lake water quality.

Township of Algonquin Highlands Zoning By-law 03-22

The subject lands are zoned Shoreline Residential Type Two (SR2) according the Zoning By-law 03-22, Schedule N3.

Section 4.10.5 of the Zoning by—|awstates:

Extensions to Non-Complying Buildings or Structures:

Nothing in this By—|awshall prevent the reconstruction, relocation, renovation, enlargement or repair of an existing building or structure that does not comply with the setback, yard, lot coverage or height requirements of this By-law, which existed at the date of passage of this By-law, and which is used for a purpose specifically permitted within the Zone in which such building or structure is located, provided:

i) there is no increase in the non—comp|iance; ii) with respect to a dwelling or sleeping cabin, any addition maintains the existing setback from the high water mark or 15 metres, whichever is greater; iii) if the reconstruction or relocation of a dwelling or sleeping cabin would result in an increase to the gross floor area of the building or structure, that the entire building or structure maintains the existing setback from the high water mark or 15 metres, whichever is greater; iv) approval for a sewage disposal system is obtained, where applicable; and, v) it is in compliance with all other provisions of this By-law.

The existing dwelling is approximately 28.9m from the high water mark and the addition will be setback 23.4m therefore the applicant is seeking relief from:

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 7 of 59 AGENDA ITEM #a

Page 3 of 3 1. Section 4.10.5(ii) of Comprehensive Zoning By—Law03-22 to permit a reduction in the required setback from the High Water Mark from 28.9 metres (95 feet) to 23.4 metres (77 feet) for the purpose of constructing a 477 sq ft addition, a variance of 5.5 metres (18 feet).

Comments:

Notice of the application was posted on the property and circulated to property owners within 60m of the subject lands

No objections have been received.

Recommendation:

Staff would recommend approval of the proposed minor variance conditional on the following:

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 23.4m (77 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit;

2. The maximum width of the permitted shoreline structure on the subject lands shall be reduced from 30% to 15%;

3. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

4. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

Respectfully Submitted By:

Sean O‘Callaghan, B.U.R.Pl, MCIP, RPP Planner

Attachments: Notice of Public Meeting, Map of property, Application, Site plan, Shoreline Property Report and Site pictures.

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 8 of 59 AGENDA ITEM #a

The Corporation of the 1123 NorthShore Road. Townshlp- of Algonquln Hlghlands- Al u'n H‘ hi :1.ON KOM1.11 Phone:g(0‘l1015)l48E3lE‘23a7|;(705)489-3491 APPLICATION FOR W°"= W"-a'9°"q“'"“'9“'a"ds-“H MINORVARIANCE Email: socallaghan@algunquinhigh|ands.ca _ PIammgAct (R510). 1990, O_ Reg, 200,96 TWWW‘ W

COMPLETENESSOFTHEAPPLICATION: Thisapplicationforms sets out the informationthat must be provided by the applicant, as prescribed in the variousOntario Regulations made under the Planning Act Italso sets out atherinformationthatwillassist the Township and others in their planning evaluationofthe proposal. To ensure the quickest and most complete review, thisinformationshouldbe submittedat the time of application. In the absence of this inlonnation,it may not be possible to do a complete review withinthe legislated timeframe formakinga decision. Ifthe requested information,includingthe plans and fee is not provided, the Township willreturnthe applicationor refuse to further considerthe application untilthe information,plans and fee have been provided.

Application Fee Schedule: The applicant is responsiblefor allcosts incurred by the municipality in processing the MinorVariance Application.

P ea l LLof the Followin Documents: 1. ApplicationFee — S700.00 2. Completed ApplicationForm. 3. Survey or sketch showing the proposed buildings or structures, noting all lotdimensions, yards and setbacks (see 19.for complete sketch details).

APPLICATIONFORM: The undersigned hereby applies to the Committee of Adjustment for the Township of AlgonquinHighlandsunder Section 45 of the Planning Act,for relief,as described in this applicationfrom By-Law03-22. 1. OWNER5; A/leg ?co? gag Peggyijagézqrrqf Amglgmggn _ADDREss:_Q POSTAL cooezn HOMEPHONE BUSINESS PHONEl\ 2. AGENT: /\/fl

ADDRESS:

POSTALCODE:

HOMEPHONE: BUSINESSPHONE:

3. Names &Addresses of any mortgagees, holders of charges or other encumbrances:

4. Legal Description of Subject Land:

~ Ro|l# I/Q ,,zi—Q0[ v- 000 ~ ???ggmzcvo Lote? QT /ff Concession: :5 P|an:’E__:_? Part(s):_ijj_ £074 3"K10I7’/$35‘?-7 Geographic Township: .5"/"?ilJgt? PE 911lCivicAddress of Property: /0 33' Daggrzga Qcru? ?lgmnggrg/?rm[grads MUML72 5. Dimensions of Land Affected:

' Frontage: Logjjé Avg. Depth: 377‘ 5 Area: Q1375‘ « QQ 57 Illsrzlé \5‘5-ids 3?‘/I37")

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 9 of 59 AGENDA ITEM #a

; Nature and extent of reliefapplied for: (5 I’ gigrg a /ICC’ 12/e I’£20 Q or‘ W751 E u , _ fag 100/ gafhgg /qke ” . /_—‘Z2r ¢ gram pm:/i are‘L») a dlglaj -mom M/4.394 M ?y /agmg’ géggg goggqe mg ggou/¢ ¢gmQ//55' pvrfrm/yq’ //'5 may auj and /gegmd garb a new ?pf/g Fm?gm. (D;g_9-La’m included)

Why is it not possible to comply with the provisions of the By-Law?

ex: 5 if / ' c Mack (Egg;-gta; lag /igs??uagw Zhg ggopogi Izngtgz?ég west‘51:./e

' ‘ ' 0/ ‘r 7’ .2 HM/H 02147»: our

nor?z and 500+/; side; 5-,'z' c/agjer f0 #29 /ya;/'1 -than az/r /)rapo.Sx=¢gdd:+/£3!) » (sag Dmgm M Particulars of buildings and structures on or proposed forthe subject land: (specifw ground ?oor area, gross ?oor area, number of stories, etc.)

A EXISTING: /' n 0 ' 7"‘ /2». 73”] 1,: TE/ S@:’:S_. i

0' PROPOSED: fret u .' 5320 daro55_£[Q¢ra/i:a_ /370‘W /Mmbcr 0/ éfarxés 5/ The location of all buildings and structures including all yards and setbacks must be shown accurately or(§e‘cCl#0 C/Md the survey illustrating existing locations of all buildings and structures and proposed locations of buildings 6/,“gram) and structures (please specify distance from side, rear and front lotlines). 10. Date ofacquisition of land: Ajugmsf /_q_q} 11. Date of construction of all buildings and structures on subject land: (21 gg ( El3% 009/‘/<5/MW200 Z Existing uses of subject land: ,Egg?gaa [ ( attg g?

Existing uses of abutting land: Length of time the existing uses ofthe subject land have continued: 2 2 ;[Cg[$ 15. Present OfficialPlan Designation: Mai€I"£[,2?1 16. Present Zoning Designation: ?l???%mQi55 2 Previous MinorVariance Application: Yes |:| No

Is the property the subject of a current Application for Consent under Section 53 of the Planning Act? Yes l:l No 3’

5*’_.

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 10 of 59 AGENDA ITEM #a

19. Drawings

Please include a sketch showing _a_llof the following:

i) The boundaries and dimensions of the subject land; ii) The location,size and type of all existing and proposed buildings and structures on the subject land, indicating the distance of the building or structures from the front yard lot line, rear yard lot line and side yard lotlines; iii) The approximate locationof all natural and artificialfeatures on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, roads.watercourses, drainage ditches, river or stream banks, wetlands, wood areas, wells and septic tanks iv) The current uses on land that are adjacent to the subject land; v) The location and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right ofway; and vi) The locationand nature of any easements affecting the subject land.

20. Payment of Fees

As ofthe date ofthis application, the Owner/Applicant agrees to pay for and bear the entire cost and expense for any engineering, legal, landspe architectural and/or external planning consulting expenses incurred bythe Township of AlgonquinHighlands during the processing of this application, in addition to any application fee set by the Township ofAlgonquin Highlands.

Ifan Ontario Municipal Board Hearing is required, a deposit of Two Thousand Dollars ($2,000.00) is required upon submission of the request for referral to the Ontario MunicipalBoard. This amount shall be applied towards any costs incurred by the Township, to defend the decision of the Committee of Adjustment, during the preparation for this Hearing and during the presentation of the Township case at the Hearing. The Applicant acknowledges that this shall include, but may not be limitedto:

— allfees and disbursements paid to the Municipal Solicitor and the Municipal Planner; ~ allfees and disbursements paid to any expert witness; and - all disbursements incurred by the Municipality.

The Owner/Applicant agrees to reimburse and indemnify the Township for all fees and expenses incurred by the Township to defend the Committee of Adjustment decision including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal. if such fees and expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwithupon being billed by the Township.

The Owner/Applicant further agrees that, upon request by the Township from time to time, the Owner/Applicant shall make such additional deposits as the Township considers necessary, and untilsuch requests have been complied with, the Township willhave no continuing obligation to attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application.

Note: Allinvoices for payment shall be sent to the person indicated in Section 1 of this application.

Mrzg?aa? 4 921 30/1 SIGN(}7g%§ECFO NER Datezzzaif / 2 1/ SIGNATUREOF OWNER Date

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 11 of 59 AGENDA ITEM #a

CONSENT OF THE OWNER S

The owner must also complete the followingor a similar authorization attached to the consent application: i/We. -I- M.H?dazsm , being the registered owner(s) of the lands subject of this application for ent and, for the purposes of the Freedomof information and Ergtection gf Privacy Act, I/we hereby authorize and consent to the use by or the disclosure to any person or public body of any personal informationthat is collected under the authority of the Planning Act for the purposes of processing this application. I/we also authorize and consent to representatives of committee of adjustment, municipal staff and/or any consultants/professional employed by the Township, for purposes of processing this application, entering upon the lands subject of this application for the purpose of conducting any site inspections as may be necessary to assist in the evaluation of this application.

For the purposes of the Freedom of lnforrnationand Protection of Privacy Act, I further authorize and consent to the use of my name in any Notices required under the authority of the Planning Act for the purpose of processing this application. S|GN%a OF OWNER Date é g SIG ATURE OF OWNER Date F OWNER'S AFFIDAVIT l,WE gfl//an 5¢Q1Z' + 95¢?//1’nz/er_gpf) of the c /7‘~/ of Acid;/q in the (20/) /‘U of //I Q alzj £6 5 solemnly declare that all the statementscontained in the application are true and i make this solemn declaration conscientiously believing itto be true and knowing that itis ofthe same force and effect as ifmade under oath and by virtueof the Canada Evidence Act. DECLAREDbefore me at the ZI of L0HI0 “VJ

ent

) DomenicArielle.a takingAffidavitsandoaths,MiddiesexCounty. , , whileI deputlzadclerkofThecorporation A Commissioner for taking Oaths Ofthecm,ofLondon. Authorization of Owger for Agent

As dated, lNVeare the registered owners of the lands described herein. |IlNe have examined the contents of this application,and certify it's correctness insofar as lNVehave knowledge of the facts, and concur withthe submission to the Committee ofAdjustment for the Township of Algonquin Highlands, by my/our agent.

SIGNATURE OF OWNER Date

SIGNATUREOF OWNER Date

G3‘I3I§a Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns...E Page 12 of 59 Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns...

AH-MV-008/17 Page 13 of 59 AGENDA ITEM #a

June 16, 2017 1:9,028

0 0.075 0.15 0.3 mi Copyright by the Cou nty of Haliburton, Minden, Ontario, 2 016. This p ublication may not be re produced in any form , in pa rt or in whole , without writte n permission. Pub lished by the County of Haliburton, 2016. Ü 0 0.1 0.2 0.4 km AGENDA ITEM #a

TOWNSHIP OF ALGONQUIN HIGHLANDS NOTICE OF PUBLIC HEARING FOR COMMITTEE OF ADJUSTMENT Section 45(5) of the Planning Act S. 3 O.Reg. 200/96

To: Prescribed Persons/Interested Parties File No.: AH-MV-008/17 Subject Land: Part of Lot 4, Concessions 3, Geographic Township of Stanhope Civic Address: 1038 Donarvon Drive – Boshkung Lake Municipality: Township of Algonquin Highlands Applicant: Scott and Anderson

TAKE NOTICE: An Application for a Minor Variance from the provisions of Comprehensive Zoning By-Law 03-22 has been submitted to the Township of Algonquin Highlands Committee of Adjustment, the approval authority in these matters. The Application has been reviewed and has been found to be complete.

PURPOSE AND EFFECT: The applicant is seeking relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 28.9 metres (95 feet) to 23.4 metres (77 feet) for the purpose of constructing a 477 sq ft addition, a variance of 5.5 metres (18 feet).

PUBLIC MEETING DATE: Friday, June 30th, 2017. TIME: 1:00 p.m. LOCATION: Stanhope Firefighters’ Community Hall, 1095 North Shore Road. OFFICIAL PLAN: Waterfront. ZONING: Shoreline Residential Two (SR2).

IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Township of Algonquin Highlands in respect of the proposed permission before the decision is made by the Committee of Adjustment; the person or public body is not entitled to appeal the decision of the Township of Algonquin Highlands to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Township of Algonquin Highlands before the decision is made by the Committee of Adjustment, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

REQUESTING NOTICE OF DECISION: A copy of the decision will only be sent to the applicant, the agent and to each person who has filed with the Secretary-Treasurer a written request for notice of the decision.

ADDITIONAL INFORMATION: Additional information regarding this Application for Minor Variance is available for public inspection at the Planning Department, Township of Algonquin Highlands, by appointment during regular business hours, Monday to Friday, from 8:30 a.m. to 4:30 p.m.

Dated at the Township of Algonquin Highlands this 20th day of June 2017.

Sean O’Callaghan, B.U.R.Pl, MCIP, RPP Secretary-Treasurer Committee of Adjustment Township of Algonquin Highlands 1123 North Shore Road Algonquin Highlands, Ontario K0M 1J1 Tel: (705) 489-2379 Ext: 224 Fax: (705) 489-3491 E-mail: [email protected]

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 14 of 59 AGENDA ITEM #a

our ' a e /our ., IOIC inc Troperty Report

‘GENERALINFORMATION . . ABOUTsHqREL[_nEs. . A .7 _ _ Shorelines unique andsensi?veareas special.attention. to ecological, V are thatwarrant Due their _etic"andrecreationalvalue, protectingwaterfront proper?esbenefitsyouandthelalce.The “ urposeof thisreport is to suggest individual action you can take on your propertyto helpmaintain althyWaterqualityand improve wildlifehabitatfor BoshkungLake‘.Iiino waydothesesugges- mply thataction must be taken. However, any changesimade‘onindividual’properties will ‘tivelyimpact your lake.

‘tural shoreline has important biologicalfunctions. First it acts as a ?lter, reducingthe amount llutants that enter the lake. It also protects against erosion by supporting the soil. Finally,the vital l meprovides habitatfor fishand wildlife. Theshallowwaters and first 10-15metres -E feet) of shorearound lakesand rivers provide food and habitatessentialto the survival of ly-species.In fact, 90%of all lake life is born, raised, and fedhere.Shorelinesare among the most it e?ve.environmentson earth.Plants,microorganisms,insects, amphibians,reptiles,birds, mam- al and fish depend on the shorelinefor survival. Keeping shorelinesnatural is the easiest way to act water qualityand the value of waterfront properties.

have a non-permanent post clockand a boat ramp on your property.

épennanentpost docks are a great choiceas theyare one of theleastdisruptivetypes of docks V e aquaticenvironment. Thesedocks haveminimal Contact with the lake bottom, are smaller in an other docktypes, and sit out of the water, which reduces theimpact the clockhas on its -v -

‘italic/l.akel .\ prngrani of_W’Atersl1edsCanode and the CzmadinnWildlifeFederation gV 5 E

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 15 of 59 AGENDA ITEM #a

$harelz'ne_PropertyReport Summer 2015 ‘ From Shoreline at natural‘veéeta?onor a riparian buffer”that reduces .55Awpntamina‘" amt pollutevlake‘water_and‘_harm?sh habitat. Buffers also ,_ theydsijon'o'f.banksaiidprovideprotectivecover for birds, rear young near A isand,other1‘wildlifethat_feed,;bre.edand water.

‘ 4;Noté:To ot__1t_shQrelinewehired‘Bark Ecologicto plant ' '* native shru_bs‘andplants_alqngour__wat'erfron't(summer2015) and will oontinu?toni‘Qnito‘randiirriproveourshoreline with the aim of maintainingthe:-'q..At1al_1-ty-of;Boshkung Lake for future generations. V

Our lawn has regeneratedto its natural state which is of bene?t to our

‘ lake.‘ '

Pathways: Our pathway to the lake is well formed, following the ‘contours ofthe slope and has good cover, which prevents soil erosion.

Final Quote, from our Shoreline PropertyReport: p "Overall, you havedone a good job of maintaining a healthy shoreline."

Source: pp. v-viiiLove Your Lake/ Aprogram of Watersheds Canada andthe CanadianWildlifeFederation ’

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 16 of 59 AGENDA ITEM #a

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 17 of 59 AGENDA ITEM #a

Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 18 of 59 AGENDA ITEM #a

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Application AH-MV-008/17 - Pt Lot 14 Con 3, geographic Towns... Page 19 of 59 AGENDA ITEM #b

Towruhpof?iqonquavmg?amit STAFF REPORT TO THE COMMITTEE OF ADJUSTMENT

Department: Planning Staff Name: Sean O’Callaghan

Date: June 30”‘2017 Report Number: PL-O43-17

Subject: Minor Variance Application AH-MV—010/17— Part of Lot 2, Concession 5, Geographic Township of Stanhope, Kushog Lake (Wi||ick).

Background:

The purpose of this report is to provide the Committee of Adjustment with a summary and recommendation concerning Minor Variance Application AH-MV-010/16 which is an application to:

1. Seek relief from 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 19.7 metres (64.6 feet) to 16 metres (52.75 feet) for the purpose of constructing a 300 sq ft screened in porch, a variance of 3.7 metres (1 1.85 feet).

Discussion:

The subject lands are approximately 1.28ac (0.51ha) with 61m (200ft) of frontage on Kushog Lake.

The surrounding uses are generally Shoreline Residential. The lands are currently developed with a dwelling, shed and a dock.

The owner is proposing to construct a 300 sq ft screened in porch on the front of the existing dwelling. The existing dwelling is currently setback 19.7 metres (64.6 feet) and the existing deck is setback 16.6m (54.75ft). The proposed screened in porch will be located over the footprint of the existing deck and encroach an additional 0.6m (2 feet) closer to the high water mark.

Policy Document Review:

Township of Algonquin Highlands Official Plan

The Official Plan designates the property as Waterfront.

Policy 4.5.2.4 indicates that Kushog Lake is “highly sensitive to further shoreline development” and is at development capacity.

Policy 5.2.6.13 states: “A lesser setback may be permitted if:

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 20 of 59 AGENDA ITEM #b

Page 2 of 3

- it is not physically possible, due to terrain or lot depth features, to meet the required setback on existing vacant lot of record that was in existence prior to August 29, 2005; - in the case of redevelopment of a property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback; and, o a site evaluation report in support of the request to reduce the setback is submitted, to the satisfaction of the Township (which may include peer review) and at the expense of the proponent.

The proposed screened in porch will be located over the footprint of an existing structure requiring minimal site alteration to accommodate the development. There is existing mature vegetation between the existing cottage and lake creating an effective visual buffer.

Township of Algonquin Highlands Zoning By-law 03-22

The subject lands are zoned Shoreline Residential Type Two (SR2) according the Zoning By—law 03-22, Schedule N2.

Section 4.10.5 of the Zoning by-law states:

Extensions to Non-Complying Buildings or Structures:

Nothing in this By—lawshall prevent the reconstruction, relocation, renovation, enlargement or repair of an existing building or structure that does not comply with the setback, yard, lot coverage or height requirements of this By-law, which existed at the date of passage of this By-law, and which is used for a purpose specifically permitted within the Zone in which such building or structure is located, provided:

i) there is no increase in the non-compliance; ii) with respect to a dwelling or sleeping cabin, any addition maintains the existing setback from the high water mark or 15 metres, whichever is greater; iii) if the reconstruction or relocation of a dwelling or sleeping cabin would result in an increase to the gross floor area of the building or structure, that the entire building or structure maintains the existing setback from the high water mark or 15 metres, whichever is greater; iv) approval for a sewage disposal system is obtained, where applicable; and, v) it is in compliance with all other provisions of this By-law.

The applicant is proposing to construct a screened in porch on the front of an existing building moving closer to the high water mark than the existing 19.7 metres (64.6 feet) setback therefore the applicant is seeking relief from:

1. Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 19.7 metres (64.6 feet) to 16 metres (52.75 feet) for the purpose of constructing a 300 sq ft screened in porch, a variance of 3.7 metres (11.85 feet).

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 21 of 59 AGENDA ITEM #b

Page 3 of 3 Comments:

Notice of the application was posted on the property, circulated to property owners within 60m of the subject lands and the Kushog Lake Property Owners Association.

No objections have been received.

Recommendation:

Staff would recommend approval of the proposed minor variance conditional on the following:

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 16 metres (52.75 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit;

2. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved priorto the issuance ofa building permit; and,

3. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline. umrmu \\s\“‘\.‘“_\()‘CAL1,:,'0», Respectfully Submitted By: ------. >9 2

R.P.P //re" “- 04 . , ”‘II7mf?\?S|5\\\i Sean 0 Callaghan, B.U_R.Pl, MCIP, RPP Planner

Attachments: Notice of Public Meeting, Map of property, Application, Site plan and Site pictures.

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 22 of 59 AGENDA ITEM #b

RECEIVED:lUil‘€IHill?

The Corporation of the 1123 NorthShore Road. - - - : ' d,0N KOM1J1 Townshlp of Algonqum Hlgmands I=IIonI;{g?1[1I§1.=:J)l’r«1gis;§£].la?;|'s|(705)439-3491 FOR MINOR "W “”"W-“'9°“‘*“'““‘9“‘a”“5-°“ APPLICATION VARIANCE ai=_ax_:Email:[email protected] Pmm-"gAct (R_s_0_)‘199°’ 0. Reg. 200/95

:1:/své FILE NO.AI-'I-IvIv-.iQ/0/[ 7 Ia'oc‘o;IIjIIi=I_.e1'_E:b“W15‘i// 7

as COIVIPLETENESSOF THE APPLICATION: Thisapplication fon'ns sets out the informationthatmustbe-providedby the app?cant, preso?bsd Township and others in their the variousOntarioRegulations made’under the Planning Act. Italso sets out otnerinformatiorrthatwillassist the In at the time of planning evaluationofthe proposal. To ensurethe quickest and most complete review, thisiniannationshouldbe submitted for making a application. In the absence ofthisinformation, itmay not be possible to do a complete review withinthe legislatedtime frame or refuse to further decision. Ifthe requested infonrration, including the plans and fee is not provided, the Township willreturn the application considertheapplicationuntilthe infonnalion,plans and fee have beenprovided. Application Schedule: Fee Application. The applicantis responsible for all costs incurred by the municipality in processing the MinorVariance

Please Include ALLof the Following Documents: 1. ApplicationFee - $ 700.00 2. CompletedApplicationForm. 3. Survey orsketchshowing the proposed buildingsor stnrctures.noting alllotdimensions,yards and Setbacks(see 19.for complete sketchdetails).

APPLICATIONFORM: 45 of The undersigned hereby appliesto the CommitteeofAdjustmentforthe Township ofAlgonquinHighlandsunderSection the Planning Act.for relief,as described in this applicationfrom By-Law 03-22. ex; 1. ownen: ilwioC. Mn-—LIc,l,< sh iilruwlul 9»nrr«.u

ADDRES POSTALcone: _ HOMEPHON . BUSINESSPHONEN0.

2. AGENT: A1/is

ADDRESS:

POSTAL CODE:

HOME PHONE: BUSINESS PHONE:

3. Names & Addresses of any mortgagees, holders of charges or other encumbrances: Nowe

4. Legal Description of Subject Land: ' { Cage;5' ‘er cor;_2b

Lot: *2 Concession: Plan: Part(s): GeographicTownship: ’?)I,-iiiSin5“ 43-.‘ h"(/51334‘/i@{l'_2Ll‘I’JH’r'U;{§’Ll~l7\/iii?

911ICivicAddress of Property: i0DIE?LE7/iswtra ewe 5. DimensionsofLandAffected:

Frontage: Z00 f/’I7/FZZ/Avg. Depth: I5l7I5/vii"Area: ‘Z3 A6/7-4&9

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 23 of 59 AGENDA ITEM #b

Nature and extentof reliefappliedfor: ‘\/Vt?NJ-«Lbh 1/l;'—r,a< vi/rl>«rr+,or\:cg, CGJ,542—ttZ:? kio.M.o ea ??i%»e§ M read /3.45/—f~r>« «'3a‘rTh’<’;~.-Z; a%«o-as};-erin mi, zwma.

Whyis itnot possibleto complywiththe provisionsof the By-Law? W, r=:+i«u2w ixiof ?aomr’ <3-msnzmna,,J cam, re -rzaawe/ta ‘?iawl !Z’:Ju4.?/Alfcwwr’ ¢%’>..?¢.n3To Céaiié/L%’~S<:/lr.”7z2~‘M mam/5- /)§,u< mi? mu, as i.’>L’e:u)J;xir-”—sairmzv cans:/z_‘ro ?ip, 1,9443 naétw rm; ‘:J=5:‘77’ca-we Cwsrésf amcrrf Particularsof buildingsand structures on or proposed forthe subject land: (specify:groundfloorarea, gross floorarea, numberof stories, etc.) EXISTING: z,s">

PROPOSED: Z. >4/.3.’Fwzam’Pf.-3:7/§’—L!%Cou.-£,¢.;£L\ warn‘Q0? We 5c/lr;/;7/~I513 N 'r’:@2..u.’Vt32‘/J?si 5?/\iL7~1,@>°aL>"~3’oo$73’ The locationofallbuildingsand structures includingallyards and setbacksmust be shown accuratelyon the survey illustrating existing locations of all buildingsand structures and proposed locations of buildings and structures (please specify distance from side, rear and front lotlines).

Date of acquisitionof land: 3597‘ 3; 243l 0

Dateof constructionof allbuildingsand structures on subject land: i

Existing uses of subject land: CD1'?”

Existinguses of abutting land: 3E~>'—}‘3li»'\v'?’(/‘ '>7éUl/l/I/1% €‘‘;’7'r\*c§/E; 1,055

Length of time the existinguses of the subject land have continued: 3I\.i\.'§142' 1fig’; '4’ 3‘ 7.1613 Present OfficialPlanDesignation: V\"PA"i"i:/‘sf’/113/‘L37

Present Zoning Designation: KtiLIt~/3 Iii)E/.J'Tl 7,00’0 PreviousMinorVarianceApplication: Yes I: Nogg Is the property the subject of a current Application for Consent under Section53 ofthe Planning Act? Yes l:l No E.’

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 24 of 59 AGENDA ITEM #b

19. Drawings

Please includea sketch showinga_Hof the following:

i) The boundariesand dimensionsofthe subject land; ii) The location,size and type of all existingand proposed buildingsand structures on the subject land, indicatingthe distance of the buildingor structures fromthe frontyard lotline,rear yard lotlineand side ard lot lines; iii) The 3approximatelocation of all natural and arti?cialfeatures on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affectthe application. Examples include buildings,roads, watercourses, drainage ditches, river or stream banks, wetlands, wood areas, wells and septic tanks iv) The current uses on landthat are adjacent to the subject land; v) The locationand nameof any roadswithinorabuttingthe subject land,indicatingwhetheritis an unopened road allowance,a public travelledroad, a private road or a rightofway;and vi) The locationand nature of any easements affectingthe subject land. 20. Payment of Fees

As of the date of this application, the OwnerlApp|icant agrees to pay for and bear the entire cost and expense for any engineering, legal, landscape architectural and/or external planning consulting expenses incurred by the Township of Algonquin Highlands during the processing of this application, in addition to any application fee set by the Township of AlgonquinHighlands.

Ifan Ontario MunicipalBoard Hearing is required, a deposit of Two Thousand Dollars($2,000.00) is required upon submissionof the request for referral to the Ontario MunicipalBoard.Thisamount shall be applied towards any costs incurred by the Township, to defend the decision of the Committee of Adjustment, during the preparation forthis Hearingand during the presentation of the Township case at the Hearing.The Applicant acknowledgesthat this shall include,but maynot be limitedto: - all fees and disbursementspaid to the MunicipalSolicitor and the MunicipalPlanner; - all fees and disbursements paid to any expert witness; and — all disbursements incurred by the Municipality.

The OwnerlApplicant agrees to reimburse and indemnify the Township for all fees and expenses incurred by the Township to defend the Committee of Adjustment decision including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal. If such fees and expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the Township.

The Owner/Applicantfurther agrees that, upon request by the Township from time to time, the OwnerIApplicant shall make such additionaldeposits as the Township considersnecessary, and untilsuch requests have been complied with,theTownshipwillhave no continuingobligationto attend or be represented at the OntarioMunicipalBoardor any court or other administrative proceeding in connection with the application,

Note: Allinvoicesfor payment shall be sent to the person indicatedin Section1 of this application.

Z0/7”“)-oi /V15" 5 Date

' ‘ ’ I =/j _ ' ’ -tx?tlL‘ U’ r Z0‘I7 ‘J74/V?’r 3' SIGNATUREOF OWNER Date

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 25 of 59 AGENDA ITEM #b

CONSENT OF THE OWNERQSI

The owner must also complete the following or a similar authorization attached to the consent application:

lllNe, I-I} IbLl'i'.‘€1‘iv‘Willi-It1~‘lVi/‘"ll..1.4

For the purposes of the Freedom of Information and Protection of Privacy Act, Ifurther authorize and consent to the use of my name in any Notices required under the authority of the Planning Act for the purpose of g this application,,-.)

Date

xx)’./_,t,zf,«,

|,wE /7A—sJ;p y57'/aw»/1/Lt!’ ‘w/l2.:,z¢o<

ofthe f.9'.L.«»"A/§/¥//° of ftLéo,«/cant/M /~’/é/ 44/.//>5 in the 69 ‘/U‘) T I,/...._ of /7Lv°

DECLAREDbefore me at the

of /{L Ga»/@ .u »» w /7/’/G/7’l/>.D: (/7 , i _ \ / I I ”' (6<»w-/ /T;/ . VI. in the of //Z/AL; __l L432» ignatureof Owner(s) o AuthorizedAgent this 7 day of 337.1NE‘. I Sean Thon1as)O'Ca|la5;han, 20112. a Commissioner, etc.)Provinceof Ontario, for the Corporation of the Township of Algonquin Highlands. ArcommissionerfortakingOaths Expires December 1»201%

Authorization of Owner for A ent

As dated, I/\Neare the registered owners of the lands described herein. l/We have examined the contents ofthis application,and certifyit's correctness insofaras lllNehave knowledge ofthe facts, and concurwiththe submission

to the _ mittee of Adjustrnenforthe Township of AlgonquinHighlands, bymylouragent. ‘

,2 7 .- ' _,,,,.,. _ . -4-é A __ " -— g éé C/_._vL;;'.£ -— .4 tin/,5, S GNATUREOF OWNER Date

I’ 4/) "= ’Zor7 ' Tcwé ~ 5 SIGNATUREOF OWNER Date

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 26 of 59 Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic...

AH-MV-010/17 Page 27 of 59 AGENDA ITEM #b

June 16, 2017 1:9,028

0 0.075 0.15 0.3 mi Copyright by the Cou nty of Haliburton, Minden, Ontario, 2 016. This p ublication may not be re produced in any form , in pa rt or in w hole , without writte n permission. Pub lished by the County of H aliburton, 2016. Ü 0 0.1 0.2 0.4 km AGENDA ITEM #b

TOWNSHIP OF ALGONQUIN HIGHLANDS NOTICE OF PUBLIC HEARING FOR COMMITTEE OF ADJUSTMENT Section 45(5) of the Planning Act S. 3 O.Reg. 200/96

To: Prescribed Persons/Interested Parties File No.: AH-MV-010/17 Subject Land: Part of Lot 2, Concessions 5, Geographic Township of Stanhope Civic Address: 1098 Leisure Lane – Kushog Lake Municipality: Township of Algonquin Highlands Applicant: Willick

PURPOSE AND EFFECT: The applicant is seeking relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 19.7 metres (64.6 feet) to 16 metres (52.75 feet) for the purpose of constructing a 300 sq ft screened in porch, a variance of 3.7 metres (11.85 feet).

Dated at the Township of Algonquin Highlands this 20th day of June 2017.

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 28 of 59 AGENDA ITEM #b

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 29 of 59 AGENDA ITEM #b

Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 30 of 59 AGENDA ITEM #b

[3 1i 5?-\:{”F_+;a7,:eJcv-—_,CLo5r5%.u‘»§T) *5z“1"€~9.’C?0.m%s;=.b:1uosffp?r’ Po}/u1'§ %

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Application AH-MV-010/17 - Pt Lot 2 Concession 5, geographic... Page 31 of 59 AGENDA ITEM #c

Town?utvf?lponqulavittglilandl STAFF REPORT TO THE COMMITTEE OF ADJUSTMENT

Department: Planning Staff Name: Sean O‘Ca||aghan

Date: June 30“2017 Report Number: PL-O44-17

Subject: Minor Variance Application AH-MV-O11/17 — Part of Lot 15, Concession 8, Geographic Township of Stanhope, Halls Lake (Morrow).

Background:

The purpose of this report is to provide the Committee of Adjustment with a summary and recommendation concerning Minorvariance Application AH—MV—011/16which is an application to:

1. Seek relief from 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 feet) to 10.3 metres (34 feet) for the purpose of constructing a 1222 sq ft second storey addition, a variance of 4.7 metres (15.2 feet).

Discussion:

The subject lands are approximately 1 ac (O.4ha) with 42.3m (139ft) of frontage on Halls Lake.

The surrounding uses are generally Shoreline Residential. The lands are currently developed with a dwelling and a shed.

The owner is proposing to construct a 1222 sq ft second storey addition above the existing dwelling. The existing dwelling is currently setback 10.3 metres (34 feet). The proposed second storey addition will be located over the footprint of the existing dwelling and will be no closer the high water mark then the existing building.

Policy Document Review:

Township of Algonquin Highlands Official Plan

The Official Plan designates the property as Waterfront.

Policy 4.5.2.7 indicates that Halls Lake is “moderately sensitive to additional shoreline development” and is nearing development capacity.

Policy 5.2.6.13 states: “A lesser setback may be permitted if:

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 32 of 59 AGENDA ITEM #c

Page 2 of 3

- it is not physically possible, due to terrain or lot depth features, to meet the required setback on existing vacant lot of record that was in existence prior to August 29, 2005; o in the case of redevelopment of a property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback; and, o a site evaluation report in support of the request to reduce the setback is submitted, to the satisfaction of the Township (which may include peer review) and at the expense of the proponent.

The proposed second storey addition will be located over the footprint of an existing structure requiring minimal site alteration to accommodate the development.

Township of Algonquin Highlands Zoning By-law 03-22

The subject lands are zoned Shoreline Residential Type Two (SR2) according the Zoning By-law 03-22, Schedule M3.

Section 4.10.5 of the Zoning by-law states:

Extensions to Non-Complying Buildings or Structures:

The applicant is proposing to construct a second storey addition on the footprint of an existing building moving no closer to the high water mark than the existing 10.3 metres (34 feet)setback therefore the applicant is seeking relief from:

1. Section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 feet) to 10.3 metres (34 feet) for the purpose of constructing a 1222 sq ft second storey addition, a variance of 4.7 metres (15.2 feet).

Comments:

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 33 of 59 AGENDA ITEM #c

Page 3 of 3 Notice of the application was posted on the property, circulated to property owners within 60m of the subject lands and the Hawk/Halls Lake Property Owners Association.

No objections have been received.

Recommendation:

Staff would recommend approval of the proposed minor variance conditional on the following:

1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 10.3 metres (34 feet)from the high water mark prior to any clearing or site alteration, or the issuance of a building permit.

2. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

3. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

Respectfully Submitted By:

Planner

Attachments: Notice of Public Meeting, Map of property, Application, Site plan and Site pictures.

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 34 of 59 AGENDA ITEM #c

The Corporation of the 1123 Normshore Road, Township of Algonquin Highlands Phon/:l9("7'315*‘)i"‘u§§§42";?;'£‘?(§g;‘;‘;§;_3491 APPLICATIONFOR MINOR VARIANCE W9“ WWW-a‘9°“q”*"“'9“'a"“S-°a df=:a?(_:"Email:socallaghan@algonquinhighlands. PIanningAEt (RVS.0_)_1990, Q Reg‘ 200/96

COMPLETENESS OF THE APPL|CA110N: Thisapplication forms sets out the infonnationthat must be provided by the applicant, as prescribed in the various Ontario Regulations made under the Planning Act. Italso sets out otherinfonnationthat willassist the Township and others in their planning evaluationof the proposal. To ensure the quickest and most complete review, this infon-nationshould be submittedat the time of application. In the absence ofthis information,itmay not be possible to do a complete review withinthe legislated time frame for making a decision. Ifthe requested infomvation, including the plans and fee is not provided, the Township willreturn the application or refuse to further consider the application untilthe information,plans and fee have been provided.

Application Fee Schedule: The applicant is responsible for all costs incurred by the municipality in processing the MinorVariance Application.

Please Include ALL of the Following Documents:

1. Application Fee — $ 700.00 2. Completed ApplicationForm. 3. Survey or sketch showing the proposed buildings or structures, noting all lotdimensions, yards and Setbacks (see 19. for complete sketch details).

1. OWNER:"r“?l.'.T<;>*/mD, i/I/:n»m«u _ADDRESS: POSTAL CODE: L? we _ « HQMEPHONE: BUSINESS PHONE NO. up - 'i‘ 713 . . = 2. /§'e-Levitt?’ Recs‘C. i~'lr:~rrao.J

ADDRESS: POSTAL CODE: 4:ELL. » HOME PHONE: Business PHONE:

3. Names & Addresses of any mortgagees, holders of charges or other encumbrances:

4. Legal Description of Subject Land:

Rol|# Llézi * 005 race - 3—1‘i0<9 Lot: IS Concession: Plan: /7R’54/'50 Part(s): Geographic Township: ll(L7 C/t:'_‘c’ 911/Civic Address of Property: ii”7":2, {hill/!"£'(/3 ; sLi‘l€7ii LfiKS’. 5. Dimensions of Land Affected: ' . ~ «. - __ . 1 Frontage: / Avg. Depth: Area: ii‘ C Q2WI“ 5-’

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 35 of 59 AGENDA ITEM #c

Nature and extent of reliefapplied for: 518111571‘l/[Lt’t(1/‘ME, ' (‘V2djjlli 1).:/LL, /l lint? /(‘ JV‘ J 4 plme -illlslhl [l (‘Cil~l/Ul?til)/We {'8 SCt'Uil/'II;-1}/630i’,in same . J J , nU1o1*:'r>r. /\/‘Hd€£’»f<(bf ix/lJl.+c‘r~E-'0/17‘ 34'l‘

Why is it not possible to comply with the provisions of the By-Lavlf? Eéwshixlu).(°£FH[tr5l€'..('1!/)'l3r’£‘//\'.3‘7L'1("o'i‘3'lW./1!-ar.

Particulars of buildings and structures on or proposed for the subject land: (specify: ground ?oor area, gross ?oor area, number of stories, etc.)

EXISTING: 73%51)‘! /<1 CC’l1'tu’l1’, — /?—Z2.<;f.3/ 5‘/areji J

PROPOSED: Llsflicir~'cxISH./mJir?fa-"/’.1Jr r"mi.+¢ 2 storm .s=/nuflllrey .5 ,w’. J . J _ A «, . 1 Cu:(1. /0 XIZ [H//71"/18.1L’/H1Lll?ct/Lit"/withcl reliant mild LLr"r'l;/ EU’)4 »j>,~'g5/¢ra..,'5155,11(1% Ham),I6/1:"/. of mm” //@".u.¥(/g, <’/./71¢//"l"(15¢/ The locationof all buildings and structures includin‘ all yards andL'(.'H4ifté'(se acks must be shown accurately on the sun/ey illustratingexisting locations of all buildings and structures and proposed locations of buildingsIx and structures (please specify distance from side, rear and front lotlines).

10. Date of acquisition of land:

11. Date of construction of all buildings and structures on subject land:

12. Existing uses of subject land: F‘(L“-l-1/Wit"1V6CI"! Ll 1‘7C/in?/ J’

13. Existing uses of abutting land: Pu‘ézD(y»4‘7«l~ 14. Length of time the existing uses of the subject land have continued: / 7 S ‘:1 15. Present Of?cialPlan Designation: U AI:/5fZ_FEou'f 16. Present Zoning Designation: fl?-L

17. Previous MinorVariance Application: Yes |:| No

18. Is the property the subject of a current Application for Consentunder Section 53 of the Planning Act? Yes l:l No FE!’

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 36 of 59 AGENDA ITEM #c

19. Drawings

Please include a sketch showing allof the following:

i) The boundaries and dimensions of the subject land; ii) The location, size and type of all existing and proposed buildings and structures on the subject land, indicatingthe distance of the buildingor structures from the frontyard lot line, rear yard lot line and side yard lot lines; iii) The approximate location of all natural and arti?cial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, roads, watercourses, drainage ditches, river or stream banks, wetlands, wood areas, wells and septic tanks iv) The current uses on land that are adjacent to the subject land; v) The location and name of any roads withinor abutting the subject land, indicatingwhether it is an unopened road allowance, a public travelled road, a private road or a rightof way; and vi) The location and nature of any easements affecting the subject land.

20. Payment of Fees

As of the date of this application, the Owner/Applicantagrees to pay for and bear the entire cost and expense for any engineering, legal, landscape architectural andlor external planning consulting expenses incurred by the Township of Algonquin Highlands during the processing of this application, in addition to any application fee set by the Township of Algonquin Highlands.

if an Ontario Municipal Board Hearing isrequired, a deposit of Two Thousand Dollars ($2,000.00) is required upon submission of the request for referral to the Ontario Municipal Board. This amount shall be applied towards any costs incurred by the-Township,to defend the decision of the Committee of Adjustment, during the preparation for this Hearing and during the presentation of the Township case at the Hearing. The Applicant acknowledges that this shall include, but may not be limited to: - all fees and disbursements paid to the Municipal Solicitor and the Municipal Planner; - all fees and disbursements paid to any expert witness; and - all disbursements incurred by the Municipality.

The Owner/Applicant agrees to reimburse and indemnify the Township for all fees and expenses incurred by the Township to defend the Committee of Adjustment decision including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal. If such fees and expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the Township.

The Owner/Applicantfurther agrees that, upon request by the Township fromtime to time, the Owner/Applicant shall make such additional deposits as the Township considers necessary, and untilsuch requests have been complied with, the Township willhave no continuing obligation to attend or be represented at the Ontario MunicipalBoard or any court or other administrative proceeding in connection with the application.

Note: Allinvoices for payment shall be sent to the person indicated in Section 1 of this application.

K,/UMwi/t“7 «.1LL/LL /3// SIGNATLUREOF OWNER Date,

i257/!) K , ,4 ,. «_j,(,M /_‘3//'/ SIGNATUREOF OWNER Date‘

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 37 of 59 AGENDA ITEM #c

CONSENT OF THE OWNER|S[

The owner must also complete the following or a similar authorization attached to the consent application:

. (Li l/vve. /N l"l I it $25.41[Ll1,‘;/r 0 ‘ad . oelnd tne recllsterea -. _. . subject of this application for corfsentand, for the purposes of the Freedom of Information and Protection of Privacy Act, llwe hereby authorize and consent to the use by or the disclosure to any person or public body of any personal information that is collected under the authority of the Planning Act for the purposes of processing lnls application. l/we also authorize and consent to representatives or committee or aoiustment. municipal stalf andlor any consultantslprofessional employed by the Township, for purposes of processing this application, entering upon the lands subject of this application for the purpose of conducting any site inspections as may be necessary to assist in the evaluation of this application.

For the purposes of the Freedom of Information and Protection of Privacy Act, I further authorize and consent to the use of my name in any Notices required under the authority of the Planning Act for the purpose of processing this application. iii;7 liu~w~.«~ Q41/1L /3// 7 SIGNATUREOF OWNER Date;

R L’ /' / SIGNATUREOF OWNER Date 0WNER’S AFFIDAVIT

l,WE {i7;>lii\ mi/“I f“‘l(*rim:i.=.,u C/'/CRVL /"‘0‘Z/Z‘9‘/J

of the ‘T@&\//‘/SA/(Ii) of /4 Latoya «A r~J /—/M. /+L4\/Vib§ in the

/?.— K of /'//—iL I/RMJZTC V solemnly declare that all the statements contained in the application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as ifmade under oath and by virtue of the Canada Evidence Act. T DECLARED before me at the ( 0‘/‘/“"3. /'1”!/5

of AL.(,o/~/ax’/c,,.2 /H?6‘L/Azv’/DS

/ intheQm,.~T7/ of ///~\l_/BM/2"r‘0/V l/‘\r‘~/ {J-‘:''’‘M g7’ L"""‘”4' Spignatureof Owner(§§or Authorized Agent this /'7)" dayof Jr»./i.«'. ’Callagll.lll SeanThomas a Commissioner, etc, Province of Oninl io, i for the Corporation of A Commissioner for taking Oaths H20Towir an-nlAlgonquin Highlands. I’. yzi ; l) omher1,2U18. Authorization of Owner for Agent

As dated, |NVe are the registered owners of the lands described herein. I/\Nehave examined the contents of this application, and certify it's correctness insofar as lANehave knowledge of the facts, and concur with the submission to the Committee of Adjustment for the Township of Algonquin Highlands, by my/our agent. I/l‘\M/tv-«m-— rm./u‘ /72//7 SIGNATUREOF OWNER Date:

. , .,- V .,. r\ it 42r»,..,,, /t./LL / 3/1/ SIGNATUREOF OWNER D37t

gvve/wvww

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 38 of 59 Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi...

AH-MV-011/17 Page 39 of 59 AGENDA ITEM #c

June 16, 2017 1:9,028

0 0.075 0.15 0.3 mi Copyright by the Cou nty of Haliburton, Minden, Ontario, 2 016. This p ublication may not be re produced in any form , in pa rt or in w hole , without writte n permission. Pub lished by the County of H aliburton, 2016. Ü 0 0.1 0.2 0.4 km AGENDA ITEM #c

TOWNSHIP OF ALGONQUIN HIGHLANDS NOTICE OF PUBLIC HEARING FOR COMMITTEE OF ADJUSTMENT Section 45(5) of the Planning Act S. 3 O.Reg. 200/96

To: Prescribed Persons/Interested Parties File No.: AH-MV-011/17 Subject Land: Part of Lot 15, Concessions 8, Geographic Township of Stanhope Civic Address: 1033 Carey Close – Halls Lake Municipality: Township of Algonquin Highlands Applicant: Morrow

PURPOSE AND EFFECT: The applicant is seeking relief from section 4.10.5(ii) of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 15 metres (49.2 feet) to 10.3 metres (34 feet) for the purpose of constructing a 1222 sq ft second storey addition, a variance of 4.7 metres (15.2 feet).

Dated at the Township of Algonquin Highlands this 20th day of June 2017.

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 40 of 59 AGENDA ITEM #c

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Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 41 of 59 AGENDA ITEM #c

Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 42 of 59 AGENDA ITEM #c

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Application AH-MV-011/17 - Pt Lot 15 Concession 8, geographi... Page 43 of 59 AGENDA ITEM #d

fowndlqaof?lqonquln?lqwtwdi STAFF REPORT TO THE COMMITTEE OF ADJUSTMENT

Department: Planning Staff Name: Sean O‘Ca||aghan

Date: June 30"‘2017 Report Number: PL—045—17

Subject: Minor Variance Application AH-MV-O12/17 — Part of Lot 6, Concession 2, Geographic Township of Stanhope, Buckslide Creek (Dallaire and Fowler).

Background:

The purpose of this report is to provide the Committee of Adjustment with a summary and recommendation concerning Minorvariance Application AH-MV-012/16 which is an application to:

1. Seek relief from Table 2 of Comprehensive Zoning By—Law03-22 to permit a reduction in the required setback from the High Water Mark from 30 metres (98.4 feet) to 20 metres (65.6 feet) for the purpose of constructing a 649sq ft dwelling, a variance of 10 metres (32.8 feet).

2. Seek relief from Table 2 of Comprehensive Zoning By—Law03-22 to permit a reduction in the required minimum detached dwelling unit area from 74sq m (796.5 sq ft) to 60 sq m (649 sq ft), a variance of 14sq m (147.5sq ft).

Discussion:

The subject lands are approximately 1.4 ac (0.56ha) with 189m (620ft) of frontage on Buckslide Creek.

The surrounding uses are generally Shoreline Residential, Rural, Rural Residential and Recreational Commercial. The lands are currently vacant.

The property was subject to minor variance application AH—MV—008/12reducing the setback from the high water mark to 20m for the construction of a 49sq m (527sq ft) tourist establishment. This Minor Variance approval lapsed October 3'“ 2016. There is a significant rock outcropping limiting the available building sites on the subject lands that would require substantial site alteration to conform to a 30m setback.

The owner is now proposing to construct a 649 sq ft dwelling generally in the same foot print as the original proposal in 2012.

Policy Document Review:

Township of Algonquin Highlands Official Plan

The Official Plan designates the property as Rural and Waterfront.

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 44 of 59 AGENDA ITEM #d

Page 2 of 3

Policy 5.2.6.13 states: “A lesser setback may be permitted if:

o it is not physically possible, due to terrain or lot depth features, to meet the required setback on existing vacant lot of record that was in existence prior to August 29, 2005; o in the case of redevelopment of a property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback; and, o a site evaluation report in support of the request to reduce the setback is submitted, to the satisfaction of the Township (which may include peer review) and at the expense of the proponent.

The terrain of the subject lands would require significant site alteration in order to construct at the 30m setback requirement. The applicant has provided a site plan illustrating that a dwelling can be constructed on the subject lands complying with all other requirements of the Zoning By-law.

Township of Algonquin Highlands Zoning By-law 03-22

The subject lands are zoned Rural (RU) according the Zoning By-law 03-22, Schedule 01.

Table 2 of Comprehensive Zoning By-Law 03-22 notes that the minimum setback from the high water mark in the RU Zone shall be 30m. Table 2 also states the minimum Single Detached Dwelling Unit Area shall be 74sq m.

The applicant is proposing to construct 60 sq m dwelling setback 20m from the high water mark therefore the applicant is seeking relief from:

1. Table 2 of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required setback from the High Water Mark from 30 metres (98.4 feet) to 20 metres (65.6 feet) for the purpose of constructing a 649sq ft dwelling, a variance of 10 metres (32.8 feet).

2. Table 2 of Comprehensive Zoning By-Law 03-22 to permit a reduction in the required minimum detached dwelling unit area from 74sq m (796.5 sq ft) to 60 sq m (649 sq ft), a variance of 14sq m (147.5sq ft).

Comments:

Notice of the application was posted on the property, circulated to property owners within 60m of the subject lands and the Kushog Lake Property Owners Association.

No objections have been received.

Recommendation:

Staff would recommend approval of the proposed minor variance conditional on the following:

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 45 of 59 AGENDA ITEM #d

Page 3 of 3 1. That confirmation be provided from an Ontario Land Surveyor (OLS), that the proposed structure is not located closer than 20 metres (65.6 feet) from the high water mark prior to any clearing or site alteration, or the issuance of a building permit.

2. That any onsite sewage system permits and reviews required by the Township of Algonquin Highlands have been obtained and approved prior to the issuance of a building permit; and,

3. That appropriate construction mitigation measures be implemented, which shall include the erection, and maintenance, of silt fencing located between the proposed building and the shoreline.

I Respectfully Submitted By: :: 03 REGISTERED 5- : Pnorsssioiw. '._ g? : PLANNER =

Planner

Attachments: Notice of Public Meeting, Map of property, Application, Site plan, BuildingElevations, Cover Letter and Site pictures.

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 46 of 59 AGENDA ITEM #d

1123 NorthShore Roach The Corporation of the 1J1 Highlands AlgonquinHighlands,ON KOM Township of Algonquin Phone: (705)489-2379Fax: (705) 459-3191 Web: www.aigonquinhighlands.;:a APPLICATIONEORMINORVARIANCE Email:soca|lagl1ar1@a|gunquinhighlandsxza ' 19,90;0'. Reg.,'=1Q_o_i£lEf Ym~nJ»;II,f»1Ip.IhgA'l~lIl¢Ml-‘Mn!-PlanningAcf.{R>'sAD\JVn

‘EM

/‘cam,asprescribed lam’;-s‘s?FTHEJXPP_LlCA{l‘lBN:'l'lij.sepp‘ iii: )1 infhsir q Onta‘ Regulationsinads-undérlizs ' F ratedi[me (re-imsfarare 51:

' ' 5l70fpI0|liC19U. pp_ric_ar:on'orrefuse to further dE(.'lSl_ClII.Ifliieieq sle qrlnaiqg,r gihe'iqlens1_arid?ee c’an_sfa'erthe applinafzarl.unlitmainfqnnanan. pIa_ris_an47leehave beenprovided.

Fee Schedule; ~ _ _ Apglication MincrvarianceApplication. The applicant is responsiblefor allcosts incurred by the municipality in processing the

Please include ALL of ?1e»F6 llawingDo'cu'm'eh'l,s: ' 1. Ai_1pli.i:ali"o'rlFee .-/$7Qo.qc;i 2. Completed ApplicationForm. dimensions, yards and 3. Survey at sketch showing the proposed buildings or structures. noting alllot setbacks (see 19. forcomplete sketch details).

AP FLICATIOQEORM: AlgonquinHighlands under Section 45 of The undersigned hereby applies tn the Committeeof Adjustment for the Township of the Planning Act, forrelief.as described inthisapplication fmm By-LawG3-22. ‘.g?‘M_'){\g/\/'lg“/"Ccu/\ J>4Q€C£N‘C

7 PosTALcoDE:!_.,__

. .: , HOMEPHONE; BUSlNESS PHONENo. UGME9Lws 2. AGENT: Vi=ét§c'\¥;lé ‘ - Am ,. I —.. ADDRESS:

. . POSTALCODE: ~ V ‘ HOMEPHON BUSINESSPHONE: 3. Names &Addresses of any mortgagees, holders ofcharges or other encumbrances:

4. Legal Description of Subject Land:

‘ Rolliat45 630I‘ U *3‘ 3/CO '7 . I‘ I I Let: £4! Cnncession: Plan:‘3§‘/‘-'32-W‘D Part(s):

‘ GeographicTownshlp: l’\® . 911/CivicAddress of Property: 1/£914 <5» 5. Dimensions of Land Affected: . . 2’ _ I 1L4 / '40 6LC’N’<’‘' Frontage: #23 a Avg. Depth: I80 Area:

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 47 of 59 AGENDA ITEM #d

’ G-4 Nature and extentofreliefappliedfor: l:\A‘ (1‘!Le‘'3 -i€«. olewez?mgz Lwéi-r$8’ ergéeé?r?ms i u

Particulars of buildings and structures on or proposed for the subject land: (specify:ground floorarea‘ gross ?oor area, number of stories, etc.) 'j"u.f3'{‘ L“?7V~ EXISTING: /\/91736. L?aim

CZ/i.(o’("k.~\,J“(l fo? «.13 PROPOSED:€347 54:‘ 4,\Q(3‘(’/\«jv.‘(\$ Q cleckssmkcnm» s¢4;cm:?use‘ accurately on The location of all buildings and structures including all yards and setbacks must be shown buildings the survey illustrating existing locations of all buildings and structures and proposed locationsof and structures (please specify distance from side. rearand front lot lines).

10. Dateofacquisilionoflanclz <5‘?-/"\ A] /L 11. Date of constructionofall buildings on subject land: 1 ; 12. Existing uses of subject land: an s

‘M0‘3{'£(/ Existing uses ofabuttingland: F l‘ 4”,g¢?z§c-/9 13. I I §')"Y’lC'C<7 girl 14. Length of time the existing uses of the subject landhave continued: -5.S‘L“2~ ' Of?cial Plan Designation; ‘KW 15. Present ? 16. Present Zoning Designation: UL

17. Previous inorVariance Application: Yes No [:1

18. is the property the subject ofa current Applicationfor Consent under Section53 of the Planning Act? Yes El No

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 48 of 59 AGENDA ITEM #d

CONSENTOF THEOWNERiS)_ the consent application: The owner must also complete the following or a similar authorizationattached to registered .owner(s) of the lands Wile. ERINl\*\Nii.l7,FlawLL£7; ?ggit]l?iLltAi_;iE2/’iLl.J3i,L;‘L:being the for consent for the purposes of the subject of this application and. or publicbody of hereby authorize and consent to the use by orthe disclosure to any person Efvacy Act. llwe of processing is under the authority of the for the.purposes any personal informationthat collected municipalstaff application. llwe also authorize and consent to representatives of committeeof adjustment, this processing this application, andlor any consultants/professionalemployed by the Township, for purposesof any site inspections as may be entering uponthe lands subject of this applicationfor the purposeof conducting necessary to assist in the evaluation of this application. authorize and consent to For the purposes of the Freedom of informationand Protection of Privacy Act, I further Planning Act for"the purpose of the use of my name in any Notices required under the authority of the processing this appll (_",T;w/0) 1027 SlGNATUREOF OWNER Date

/C9 SIGNATUREOF OWNER Date

OWNER’S AFFIDAVIT

|,WE E®t\i,C'tg€i?$“ dI‘)V\ Oi-«K/‘€J\«J/Qfr-Q#L in the of the ( of 61’ of V’/t/V3-‘Q1’ solemnly declare that conscientiously believing all the statements containedin the applicationare true and I makethis solemn declaration by virtueof the Canada itto be true and knowing that it is of the same force and effect as ifmade under oath and EvidenceAct. DECLAREDbefore me at the of Krirmwédiiursr

in ’rhe_D|§_‘f£_i_C_;i'of Ml_i5i

this /‘/‘7‘]day of ,f[/~/[:/ :25 . was-.uomn-luu.nn,unla lI&?.%rlI0lI'pa?htd'iln'Icl1d Authorization ol’0wne fort-‘t ant of this As dated, I/vVeare the registered ownersof the lands describedherein, I/We have examined the contents application.and certifyit's.<:orro’ctnes'sInsofar as I/We have knowledge of thefacts, and concur withthe submission to the CommitteeofAdjustment forthe Townshipof Algonquin Highlands, by mylour agent. (‘Leta/)

' SIGNATUREOF OWNER Date

4. ”/B’in,QO-A. 3_7Li.».«tc.I0 lei”! SlGNAT REOF WNER Date

‘\,~,._.\...\,-.,~..~» Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic...t Page 49 of 59 AGENDA ITEM #d

19. Drawings

Please include a sketch showing gl_lof the iollowing:

i) The boundaries and dimensions of the subject land; structuresonthe subject land. ii) The location, size and type of allexisting and proposed buildings and line, rear yard lotlineand side indicating the distance of the building or structures fromthe frontyard lot _ yard lot lines: that is adjacent location of all natural and arti?cialfeatures on the subject landand on land iii) The approximate Examples include land in the opinionof the applicant, may affectthe application. to the subject that. Wells buildings.roads, watercourses. drainage ditches, riveror stream banks.wetlands.woodareas. and septic tanks iv) The current uses on land that are adjacent to the subject land; indicating whether it is an unopened v) The locationand name of any roads withinor abutting the subject land. roadallowance. a publictravelledroad.a private road or a right ofway;and vi) The locationand nature of any easements affecting the subject land.

20. Payment of Fees entire and expense for As of date ofthisapplication.the Owner/Applicant agrees to pay for and bear the cost the by the any legal. landscape architecturaland/or external planning consulting expenses incurred engineering. fee sat by TownshipofAlgonquinHighlands during the processing of this application. inadditionto anyapplication the Township of AlgonquinHighlands. ($2.00[).lJ0)is required ifan OntarioMunicipalBoard Hearing is required, a-deposit of Two Thousand Dollars request for referral to the OntarioMunicipal Board. Thisamountshall be applied upon submissionofthe during the by the Township. to defend thedecision ofthe Committee of Adjustment. towards any costs incurred Applicant preparation for this Hearingand during the presentationof the Township case at the Hearing. The acknowledges that this shall include.butmay not be limitedto: and the MunicipalPlanner; - all fees and disbursements paid to the MunicipalSolicitor - all fees and disbursements paid to any expert witness; and - all disbursements incurred by the Municipality. expenses incurredby the The OwnerIApplicant agrees to reimburseand indemnify the Township for all fees and expenses attributable to Township to the Committee of Adjustment decision including any fees and defend such fees and proceedings before the Ontario Municipal Board or any court or other administrative tribunal. If being billed by the expenses exceed the deposit. the Owner/Applicant shall pay the difference forthwithupon Township. shall The Owner/Applicantfurtheragrees that.upon request by the Township fromtime to time.the OwnerlApplicant been complied make such additionaldeposits as the Township considers necessary. and untilsuchrequestshave Boardor with.the Township willhave no continuing obligationto attend or be representedat the OntarioMunicipal any court or other administrativeproceeding in connectionwiththe application.

Note: Allinvoices for payment shall be sent to the person indicatedin Section 1 of this application. i7¢i;C,C3_. L /o/..10 I7 SIGNATUREOF OWNER Date

\-‘U--mt./0 Lot’? ézki-.‘._.,C':,£(jrw,Qm.. 5 SIGNATUREor OWNER Date

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 50 of 59 Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic...

AH-MV-012/17 Page 51 of 59 AGENDA ITEM #d

June 16, 2017 1:9,028

Ce?wcoaet TIMBER HOMES

June 9, 2017

Sean O'Ca|laghan Planner Township ofAlgonquin Highlands 1123 North Shore Road Algonquin Highlands, ON KOM111

RE: Minor Variance Application for Da|laire/ Fowler

Pleaseaccept our application for a minor variance for the property owned by MichaelDallaire and Erin Fowler at con: 2, pt lot 6, Plan 334 BLKD in the Township of Algonquin Highlands.

Michael and Erin have owned the property for 20 years after it was severed from the Buckslide Tent & Trailer Park property. it is a natural severance due to the road and the unopened road allowance. The property runs along approximately 620 feet ofthe river that runs into Boshkung Lake.The property size is about 1.4 acres and has varied terrain with two rock ridges running along part ofthe length of the property and some low lying, wet areas.

The owners received a variance in 2012 to allow the construction of an artist's studio at 65 feet from the high water mark, a relief of 10 feet. The by—|awshave since changed and now require setbacks of 100 feet and the 2012 variance has lapsed. As well, the zoning on the property has changed from Commercial-Recreational to Rural.

These developments present a couple of problems for the homeowners who simply wish to build an artist's cabin for their use in the midst ofthe beautiful, natural surroundings. I have walked the property can confirm that it is deserving ofa small cabin and that the proposed location is really the most suitable position to place it.

Regarding placement, we are proposing a setback of 66 feet due to the topography of the property. The length of the property runs close to North-South. The southerly portion (south of the driveway) is narrow and difficult to achieve front and rear setbacks at all. The property widens toward the northerly section but most of that portion is low lyingand wet. The portion of land where the dwelling is proposed to be built is dry and on bedrock. It already has a natural clearing and vegetation removal willbe kept to a minimum. Ifthe dwelling location were to meet the new requirements of 100 feet setback, it would be situated behind the rock ridge and in an unsuitable ”wet” area.

I will also note that there is another rock ridge that runs between the river and the proposed work area that will naturally protect any disturbance during the construction of the dwelling and the septic from the waterway.

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 52 of 59 AGENDA ITEM #d

With regard to the dwelling size, the property was zoned commercial-recreationalup until recently but was changed to Ruralwithout the |andowner's knowledge. The originalzoning allowed for the smaller dwelling size that they wish to construct. The property's size and topography do not lend itself to a larger dwellingand on the basis of environmental stewardship and cost consciousness, I do not recommend a larger dwelling than what is being proposed.

On the basis of the suitability of the proposed dwelling location and size, the fact that a variance was granted in 2012 and the recent zoning change, we are hereby requesting relief from the required setback and from the minimum dwellingsize for this property.

PatrickBoers Cedarcoast Timber Homes

c/oCedarbuilt Homes Ltd. 1343 Hwy 11 N., R.R.#2 Kilworthy,on POE1G0

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Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 53 of 59 AGENDA ITEM #d

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Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 55 of 59 AGENDA ITEM #d

TOWNSHIP OF ALGONQUIN HIGHLANDS NOTICE OF PUBLIC HEARING FOR COMMITTEE OF ADJUSTMENT Section 45(5) of the Planning Act S. 3 O.Reg. 200/96

To: Prescribed Persons/Interested Parties File No.: AH-MV-012/17 Subject Land: Part of Lot 6, Concessions 2, Geographic Township of Stanhope Civic Address: Municipal Address Not Assigned – Buckslide Road, Buckslide Creek Municipality: Township of Algonquin Highlands Applicant: Dallaire and Fowler

PURPOSE AND EFFECT: The applicant is seeking relief from:

PUBLIC MEETING DATE: Friday, June 30th, 2017. TIME: 1:00 p.m. LOCATION: Stanhope Firefighters’ Community Hall, 1095 North Shore Road. OFFICIAL PLAN: Waterfront and Rural. ZONING: Rural (RU).

Dated at the Township of Algonquin Highlands this 20th day of June 2017.

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 56 of 59 AGENDA ITEM #d

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 57 of 59 AGENDA ITEM #d

Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 58 of 59 AGENDA ITEM #d

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Application AH-MV-012/17 - Pt Lot 6 Concession 2, geographic... Page 59 of 59