THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Monday, January 21st, 2008, at 9:00 a.m., in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Brian Hare– Chair S. Fahner - Secretary-Treasurer Allen Edwards D. Pink - Senior Planner Karen Ellis M. Ellis - Development Planner Susan Pryke A. Glazier - Committee of Adjustment Coordinator Anna Mallin L. Hamm - Planning Administrative Assistant 1. Meeting Called to Order Chair Hare called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Resolution Number: CA-01-21/01/2008 Member Mallin – Member Pryke: Be it resolved that the Committee of Adjustment Meeting Agenda dated January 11, 2008, be adopted. Carried. 3. Declaration of Conflict of Interest None. 4. Adoption of Minutes a. A copy of the Minutes dated December 10, 2007, is attached. Resolution Number: CA-02-21/01/2008 Member Pryke– Member Ellis: Be it resolved that the minutes dated December 10, 2007, be adopted and approved as amended. Carried. Committee directed staff to include further information within item 8.e. in regards to parking, also Pam Smith should be changed to Pam McDivitt. 5. Delegations a. Ms. Angela Ghikadis, Agent, attended at 11 a.m. re: Item 10.a., Unfinished Business, Hood. b. Ms. Nancy LeBlanc, Agent, and Ms. Jean Polak, Agent, attended at 11:15 a.m., re: Item Minutes – Committee of Adjustment – January 21, 2008 Page 2 of 11 10.b., Unfinished Business, Gilbert and Guest. 6. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. None. 7. Hearing of Consent Applications a. B/86/07/ML, Kirbyson, Part of Lots 34 and 35, Concession 1 (Watt), 2-7-001. Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy, of which is attached. ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached. Mr. Nick Roche, Agent, Box 990, 6 Dominion Street, Bracebridge, ON, P1L 1V2, attended the meeting. Mr. Roche indicated the well has been in use for many years. This will provide a legal easement. No one attended in support of or in opposition to the application. Resolution Number: CA-03-21/01/2008 Member Mallin – Member Pryke: Be it resolved that Consent be granted for Application B/86/07/ML, (Kirbyson), provided the following conditions are fulfilled: 1. A registerable description (deed) of the rights-of-way be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Carried. b. B/87/88/07/ML, Peat, Part of Lot 58, Concession B (Cardwell), 1-1-037. Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis indicated the posting of the property requirements set out in the Planning Act were not met as the sign was not posted at least 14 days prior to the hearing. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy, of which is attached. Minutes – Committee of Adjustment – January 21, 2008 Page 3 of 11 ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy, of which is attached. Mr. John Jackson, Agent, 70 Isabella St., Parry Sound, ON, P0A 1M6, attended the meeting. Mr. Jackson indicated the applicant, Mr. Peat and neighbour Mr. Crawford were present. Committee directed this application to be re-circulated, as it was not circulated in accordance with the Planning Act. This could jeopardize any decisions made on this application. No one attended in support of or in opposition to the application. A Lot Development Package was made available to the applicants. c. B/89/07/ML, Spence, Part of Lot 5, Concession B, Plan 35R-8392, Tobin’s Island, Lake Rosseau (Medora), 4-27-031. Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached. No one attended in support of or in opposition to the application. Committee questioned if this property could be severed again, and if granted, could shoreline development be restricted. Mr. Fahner indicated a further severance applications would be reviewed on their merits when they are received. The lands meet the requirements of the current zoning by-law. Resolution Number: CA-04-21/01/2008 Member Pryke – Member Mallin: Be it resolved that Consent be granted for Application B/89/07/ML, (Spence), provided the following condition is fulfilled. 1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Carried. d. B/90/07/ML, Wood, Part of Lot 34, Concession 4, Part 1, Plan 35R-4547, Part 3, Plan Minutes – Committee of Adjustment – January 21, 2008 Page 4 of 11 35R-17754 (Cardwell), 1-3-090-01. Mr. Ellis explained the history, nature, and location of the application/property. Notice of the Hearing was circulated 17 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector Mr. Sandy Bos. Mr. Ellis read the report, a copy of which is attached. No one attended in support of or in opposition to the application. Committee had no questions. Resolution Number: CA-05-21/01/2008 Member Ellis – Member Edwards: Be it resolved that Consent be granted for Application B/90/07/ML, (Wood), provided the following condition is fulfilled. 1. A registerable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary –Treasurer, along with a registered copy of the reference plan. REASONS: This application conforms with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Carried. 8. Hearing of Minor Variance Applications a. A-87/07, Tipping, Part of Lot 8, Concession 2, Parts 7, 8, 12 and 17, Plan 35R-20709 (Cardwell), 1-3-090-01. Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 11 days prior. No submissions were received. Mr. Savas Varadas, Agent, Wayne Simpson and Associates, 11 Centre St., Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Varadas indicated he concurred with staff’s report. Mr. Varadas stated the property contains a small inlet where the setback is unable to be met. No one attended in support of or in opposition to the application. Committee noted the removal of the deck was an improvement. Resolution Number: CA-06-21/01/2008 Minutes – Committee of Adjustment – January 21, 2008 Page 5 of 11 Member Ellis– Member Edwards: Be it resolved that Application A-87/07, Tipping, to permit the reconstruction of a dwelling that is to be 26.5 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. Carried. REASONS FOR DECISION: It is the opinion of the Committee that this application is minor in nature, is suitable development for the enjoyment of the property, maintains the intent of Comprehensive Zoning By-law 87-87, as amended, and maintains the intent of the Official Plan. The Committee noted only a portion of the proposed structure encroaches, the setback has been increased as to what was existing and the tree cover is to be maintained. b. A-88/07, Mathers, Part of Lot 34, Concession 2, Parts 1-14, Plan 35R-9926 (Watt), 2-7- 018. Mr. Ellis explained the history, nature and location of the application/property. Notice of the Hearing was circulated 11 days prior. No submissions were received. Ms. Linda Mathers, Applicant, RR #1, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Mathers indicated concern of the safety of the current deck, noting the railings do not meet current Building Code. She explained this is an opportunity to reconstruct the deck with added privacy without removing any trees or natural vegetation. No one attended in support of or in opposition to the application. Committee had no questions. Resolution Number: CA-07-21/01/2008 Member Ellis– Member Edwards: Be it resolved that Application A-88/07, Mathers, to permit the reconstruction and enlargement of an existing deck 40 feet from the high water mark, as shown on the plan attached to the Notice of Decision, is hereby approved. Carried. 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.