MINUTES COMMITTEE OF ADJUSTMENT FOR CONSENT. Thursday, October 11, 2001 at 7:00

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1 Jerry Fox Edith Nichols Staff Present: MINUTES COMMITTEE OF ADJUSTMENT FOR CONSENT Thursday, October 11, 2001 at 7:00 Allan Taylor- Chairman Ruth Smith, Kim Horrigan, Secretary-Treasurer Bill Glennie Barry Young The meeting convened at 7:00p.m. and adjourned at 7:45p.m. File B/38/01/BR. ZA/22-01 bv George Conrad Ruttan and Svhia Gladvs Ruttan for Part of Lot 17, Concession 8, Macaulav Ward, Town ofbracebridge Present: John Jackson, Agent The Public Hearing for the proposed consent application (B/38/0l!BR) was held concurrently with the proposed Zoning Amendment (ZA/22-0 l ). Consem Application The land subject to these applications is described as Part of Lot 17, Concession 8, Macaulay Ward, Town of Bracebridge. This proposed severance application would create a new parcel with an area of 3.0 acres, and approximately 445 feet of frontage on Bonnie Lake Road. The proposed severed parcel is currently vacant with a single detached dwelling and accessory buildings being proposed. The proposed retained parcel is approximately 85 acres with 1390 feet of ifontage on Bonnie Lake Road and cunently contains a single detached dwelling, and associated accessory buildings. No change is anticipated for this parcel at this time. Zoning Amendment The proposed zoning by-law would amend By-law by changing the zoning of the severed parcel from Rural (RU) to Rural Residential (RR). The rezoning application would facilitate the proposed severance, permitting the development of a dwelling unit on the severed parcel. A Planning Report/Consent Comments from Ruth Smith, Director, Development Services, and Kim Horrigan, Assistant Director, Development Services indicates that the subject property is designated Rural in the Town of Bracebridge and District Official Plan. The proposal generally conforms with the Official Plans of the Town and the District. The subject property is zoned Rural (RU) according to By-law 73-60, which requires a minimum of 400 feet of frontage and minimum of 10 acres. The subject property is accessed via Bonnell Road (District Road 46), which is a Class B road, as identified by the District Official Plan and requires a minimum of 440 feet of frontage. The proposed severed and retained parcels comply with this requirement. The proposed retained parcel complies with these requirements, however, the proposed severed parcel will require rezoning to Rural Residential. The Rural Residential (RR) zone requires a minimum of 200 feet of frontage and 2 acres. The proposed severed parcel, as per the application submitted, complies with these requirements. The proposed severance complies with the intent of the Town of Bracebridge Official Plan. In addition, the proposed severance will comply with the zoning by-law subject to rezoning. Committee of Adjustment- October 11, 2001

2 District staff has indicated that the proposal generally conforms with the Muskoka Official Plan. The District Engineering and Public Works Department indicates that the application should be subject to a 3 metre (!0 foot) road widening across the entire frontage of both the severed and retained lands being dedicated to the District for road widening purposes, and would also request that the lands be subject to an agreement with the District pursuant to Section 51 (26) of the Planning Act, R.S.O. 1990, as amended. respecting the location of wells on the property in relation to the District Road. Correspondence from Ron Walton, Public Works Engineer, indicates no public works requirements. John Jackson, Agent, attended in support of this application and requested that the wording of the decision regarding the District Road widening would not be specific as to 3 metres (! 0 feet) in the event that the District may decide not to require the full widening. Committee agreed this would be appropriate and directed the Secretary-Treasurer to prepare the decision regarding the road widening in this fashion. Town staff would recommend approval of this consent application with conditions. The consent would be subject to the following conditions, that a registrable description of the severed lands be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan, the severed parcel be zoned Rural Residential (RR), cash in lieu of a parkland dedication be paid to the Town ofbracebridge in the amount of$250.00, that a 3 metre (10 foot) road widening across the entire frontage of both the severed and retained lands be deeded to the District of Muskoka, and the lands be subject to an agreement - with the District ofmuskoka. pursuant to Section 51 (26) of the Planning Act respecting the location of wells in relation to the District Road. JERRY FOX, BARRY YOUNG: THAT Consent be granted on File B/38/0 l!br by George Conrad Ruttan & Sylvia Gladys Ruttan, provided that: 1. A registrable description of the severed lands be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan. 2. The severed parcel be zoned Rural Residential (RR). 3. Cash in lieu of a parkland dedication be paid to the Town of Bracebridge in the amount of S That the District of Muskoka be deeded a road widening to a maximum of 3 metres ( 10 feet) to the satisfaction of the District ofmuskoka. 5. That the lands be subject to an agreement with the District ofmuskoka pursuant to Section 51 (26) of the Planning Act, respecting the location of wells on the property in relation to the District Road. REASONS: The proposal complies with the intent of the Town of Bracebridge Official Plan, and will comply with the zoning by-law subject to rezoning. Committee of Adjustment- October 11,

3 File B/43/01/BR bv Kenneth Allan Heron & Margaret Elaine Heron for Part of Lot 6. Concession 4. Macaulav Ward. Part 3 Plan 35R-11647, Town ofbracebridge Presem: Ken Heron, Applicant The purpose of this consent is the creation of a new lot located on Part of Lot 6, concession 4, Macaulay Ward, Town of Bracebridge being described as Part 3 of 35R-ll647. The subject lands located at 1411 Cedar Lane consist of approximately 7.2 acres with 678 feet of frontage on Cedar Lane. This application proposes to sever a 3.2 acres parcel with 300 feet of frontage on Cedar Lane. The proposed severed parcel is currently vacant and no development has currently been proposed. The retained parcel is approximately 3 acres and has 328 feet of frontage on Cedar Lane. The retained parcel contains a single detached dwelling and garage with no further development proposed at this tirr.. e. A Planning Report from Kim Horrigan, Assistant Director, Development Services, indicates that the subject property is located within the Urban A.rea and is designated Residential according to the Bracebridge Official Plan. Policies within the Official Plans for the Town ofbracebridge and District of Muskoka require parcels created in the urban area to be on full municipal services. The proposed parcel will not be on full municipal services. The Official Plan policies indicate that limited infilling where full services are not available is permitted provided a private septic system can be accommodated on the lot. The proposed severance would appear to constitute infilling and resultant lots are located in an established residential neighbourhood. The subject property is zoned Rural Residential (RR) according to By-Law The Rural Residential zone requires a minimum of 200 feet of frontage and a minimum of 2 acres. The proposed severed and retained parcels comply with the requirements of the by-law. Correspondence from Greg Corbett of the District of Muskoka indicates that the subject property is located within the Urban Centre of the District Official Plan, and appears to constitute minor infilling in an established neighbourhood. and therefore advises that the proposal generally conforms to the District Official Plan Correspondence!rom Ron Walton, Public Works Engineer of the Town of Bracebridge has recommended that the Town be deeded a road widening that is a minimum of 33 feet in perpendicular width from the centerline of the traveled roadway, for both the severed and retained lands, at the expense of the applicant, and, that the applicant demonstrates that there is an entrance location for the retained lot, at which an entrance may be constructed, which will meet the minimum visibility and grade requirements. Ken Heron attended in support of this application and noted his agreement to the required conditions. It was noted that the water line will require an extension to the proposed severed parcel at the applicant s expense. Town staff would recommend approval of this consent application with conditions. The consent would be subject to the following conditions. that a registrable description of the subject lands be submitted to the Secretary - Treasurer, along with a registered copy of the reference plan, cash in lieu of parkland be paid to the Town of Bracebridge, that the Town be deeded a road widening at the applicant's expense for the severance and retained parcels and that the applicant demonstrate that the entrance location for the severed lot meet the minimum visibility and grade requirements. Committee <>[Adjustment- October II

4 BILL GLENNIE, BARRY YOUNG: THAT Consent be granted on File B4/3/01/BR by Kenneth Allan Heron & Margaret Elaine Heron, provided that: 1. A registrable description of the subject lands be submitted to the Secretary- Treasurer, along with a registered copy of the reference plan. 2. Cash in lieu of parkland dedication be paid to the Town ofbracebridge in the amount of S That a road wideping that is a minimum of 33 feet in perpendicular width from the centerline of the traveled roadway, for both the severed and retained lands, be deeded to the Town, at the applicants expense. 4. That the applicant demonstrates that there is an entrance location for the severed lot at which an entrance can be constructed that will meet the minimum visibility and grade requirements. REASONS: The proposal complies with the intent of the District and Official Plan of the Town, and the zoning by-law. File B/42/01/BR Ronald Paul Parkin & Ronald Edward Parkin for Part Lot 28, Concession 7. Draper Ward. Town of Bracebridge Present: Nil The purposes of this consent is the creation of a new lot located on Part of Lot 28, Concession 7, Draper Ward, Town ofbracebridge. The subject lands located at 2361 Hwy #118 East consist of approximately 90 acres with 1286 feet of frontage on Highway #118 East. The applicant proposes to sever a 10 acres parcel with 536 feet of frontage. The proposed severed parcel is currently vacant and a single detached dwelling is proposed. The retained parcel is approximately SO acres and has 750 feet of trontage on Highway #118 East. The retained parcel contains a single detached dwelling with garage with no further development proposed at this time. A Planning Report!rom Kim Horrigan, Assistant Director, Development Services indicates that the subject property is designated Rural in the Town ofbracebridge and District ofmuskoka Official Plans. According to the District Official Plan. Hwy 118 East is a Class 4 highway and requires a minimum amount of 500 feet of frontage. This proposal complies with the intent of the Official Plans for the Town ofbracebridge and the District ofmuskoka. The subject property is zoned Rural (RU) according to By-Law The Rural zone requires a minimum of 10 acres and 400 teet of frontage on a year round municipally maintained road. Each proposed parcel complies with the Zoning By-Law. Correspondence received from Greg Corbett of the District ofmuskoka indicates that the subject property is designated Rural in the District Official Plan, and the proposal generally conforms to the Official Plan. Committee ofadjustment- October 11,2001 4

5 Correspondence from Ron Walton, Public Works Engineer, indicates no public works requirements. Town staff would recommend approval of this consent application with conditions. The conditions would include a registrable description of the subject lands be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan, and $ cash in lieu of parkland dedication be paid to the Town ofbracebridge. BILL GLENNIE, BARRY YOUNG: THAT Consent be granted on the File B/42/01/BR by Ronald Paul Parkin & Ronald Edward Parkin provided that: l. A registrable description of the subject lands be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan. 2. Cash in lieu of a parkland dedication to be paid to the Town ofbracebridge in the amount of$ REASONS: The proposal complies with the intent of the District and Official Plan of the Town and the zoning by-law. File B/44/01/BR bv Ontario Limited for Part of lot 4. Concession 4. South Monck Ward. being Part 1 of Piau 35R Town ofbracebridge Present: Mr and Mrs Watson, neighbouring property owners The purpose of this consent is the creation of a new lot and the grant of a right of way located on Part of Lot 4, Concession 4, South Monck Ward. Town of Bracebridge being described as Part of Plan 35R The subject lands located at l 042 Crawford Road consist of approximately 28.4 acres with 20 feet of frontage on Crawford Road. The application proposes to sever 24.4 acres with approximately 984 feet of trontage on the unopened road allowance between Concession 4 and Concession 5 of Monck South Ward. The proposed severed parcel is to be accessed via a 66 foot right-of-way proposed across the retained parcel The proposed severed parcel is currently vacant and a single detached dwelling is proposed. The retained parcel is approximately 4 acres. The retained parcel contains a single detached dwelling with no additional development proposed at this time. There is proposed to be a 328 foot extension to Crawford Road to provide the severed parcel with a minimum of 325 feet of frontage on a public road. A Planning Report tram Kim Hanigan, Assistant Director, Development Services indicates that the subject property is located within the Near Urban Area and is designated Residential in the Town of Bracebridge Official Plan. Section D Policy 4.2 permits development on large lots along existing public roads. South Monck Drive is a logical area for urban expansion once the urban area is substantially developed. Section D Policy 4.6 requires that proposals in the South Monck Drive area have a concept plan prepared to illustrate the future development potential of the retained and created lot (s), and how the property and adjacent properties could be developed through urban expansion with connections to the existing urban areas. The applicant has been requested to submit a concept plan. Committee of Adjustment- October 11,

6 The subject property is zoned Rural Special- 21 (A-21) according to By-Law , which permits all uses in the Rural (A) zone. The existing lot frontage was deemed to comply with the minimum lot frontage requirements, when the lands to the south were severed to facilitate a proposed plan of subdivision as an extension of Covered Bridge, as a dwelling existed on the subject property. The proposed severed parcel is proposed to be accessed via a right-of-way over the retained parcel. The proposed retained parcel is proposed via Crawford Lane, which is not an existing public road. This does not comply with Section D Policy 4.2 of the Town ofbracebridge Official Plan. Mr Watson noted he is concerned with a proposed extension to Crawford Road. He is concerned that with blasting for the road construction there may be an effect to the water available on his property. Town staff would recommend that this application be deferred until there have been further discussion with the applicant with regard to the concept plan submitted and a possible site inspection by Planning and Public Works Department staff, and to obtain Public Works comments. JERRY FOX, BARRY YOUNG: THAT File No. B/44/01/BR be deferred pending further discussion with applicant/agent with regard to received concept plan and site inspection File B/45/01/BR Frank Stark for Lot 98. Plan 540 and Lot 99, Plan 541. Muskoka North \Yard. Browning Island Town of Bracebridge Present: Nil This consent was previously circulated as B/30!00 BR, however, the applicant has now requested a change in a condition of the Notice of Decision, which states that the applicant enter into an Agreement with the Town of Bracebridge under Section 51 (26) of the Planning Act and this Agreement be registered on title, respecting the retention of vegetation within 100 feet from Lake Muskoka for the severed and retained parcels, and location of all structures (including docking and septic systems). The applicant is requesting that the setback be reduced to 66 feet tram Lake Muskoka. The applicant has requested that this application be deferred and in the meantime, Committee will conduct a site visit. The meeting adjourned at 7:45 p.m. The next regular meeting to the Committee of Adjustment for Consent will be held November!, 200! at 7:00p.m. Secretary-Treasurer Chairman Committee ofadjustment- October II, ZOO! 6