AGENDA - PLANNING COMMITTEE Thursday September 16, 2010

Transcription

1 AGENDA - PLANNING COMMITTEE Thursday September 16, 2010 Page A Regular Meeting of the Planning Committee will be held on Thursday September 16, 2010 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario 1. Call to Order 2. Adoption of Agenda a. Consideration of a resolution to adopt the Planning Committee Meeting Agenda dated September 16, Disclosure of Interest 4. Adoption of Minutes 3-6 a. Consideration of a resolution to adopt the Planning Committee Minutes held on August 26, Delegations and Petitions a. Mr. Shawn Leon, agent, to attend re: item 6.a., ZBA-24/10, Corporate Properties Resorts b. Mr. Blair Rose, applicant, to attend re: item 6.b., ZBA-25/10, Rose/Binelli c. Mr. Bob List, agent, List Planning, to attend Re: Item 13.a. Bock 6. Zoning By-law Amendment Applications a. ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Plan 35R-5958, (Medora), Roll # b. ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R , (Medora), Roll # Official Plan Amendment Applications Page 1 of 33

2 Page 8. Site Plan Approvals 9. Proposed Plans of Subdivision / Condominiums 10. Reports a. Verbal Report from the Director of Planning, re: Official Plan Amendment 40 OMB Hearing Preparation Update 11. Correspondence 12. Information Items 13. New and Unfinished Business a. ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Committee in Closed Session 15. Adjournment a. Consideration of a resolution to adjourn. Page 2 of 33

3 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES PLANNING COMMITTEE THURSDAY, August 26 th, 2010 A Regular Meeting of the Planning Committee was held on Thursday, August 26 th, 2010 at 9:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: Members Present: Officials Present: Mayor Ellis W. Schmid - Acting Clerk Councillor Dianne Davidson S. Fahner - Director of Planning Councillor Mary Grady D. Pink - Senior Planner Councillor Brian Hare L. Forbes - Planning Administrative Assistant Councillor Nancy Thompson - Chair 1. Meeting Called to Order a. Chair Thompson called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Committee adopted the agenda. Resolution Number: PLN-01-26/08/2010 Councillor Hare Councillor Davidson: Be it resolved that the Planning Committee Meeting Agenda dated August 26, 2010, be adopted. Carried. 3. Disclosures of Interest a. None. 4. Adoption of Minutes a. Consideration of a resolution to adopt the July 15, 2010 Planning Committee meeting minutes. Resolution Number: PLN-02-26/08/2010 Councillor Davidson Councillor Hare: Be it resolved that the Planning Committee Meeting Minutes held on July 15, 2010 be adopted. Planning Committee Draft Carried. 5. Delegations and Petitions a. Mr. Alan Turner, applicant, attended re: item 6.a., ZBA-22/10, Turner Consideration of a resolution to adopt the Planning Committee Minutes held on August Planning 26, Committee Minutes August 26, 2010 Page #1 Page 3 of 33

4 Planning Committee Minutes August 26, 2010 Page #2 b. Mr. Don Oliver, applicant, attended re: item 13.a., ZBA-49/08, By-law , Oliver 6. Zoning By-law Amendment Applications a. ZBA-22/10, Turner, Part of Lot 30, Concession 4, Part 1 on Plan 35R-10843, (Watt), Roll # Mr. Pink explained the history, nature, and location of the application/property. Mr. Alan Turner, applicant, 2350 New Street, Unit 29, Burlington, ON, L7R 4P8, attended the meeting. Mr. Turner explained he had applied for a Building Permit to construct a two storey boathouse in The Building Department had informed him that the Ministry of Natural Resources (MNR) would not permit a second storey in the boathouse. Mr. Turner amended the Building Permit application to construct a single storey boathouse. The MNR then changed the requirements and two storey boathouses were permitted again. The floor was then added to the boathouse but he had neglected to amend the Building Permit. Mr. Turner explained his property is now for sale and in order to obtain a final inspection for the boathouse, an amendment to the Zoning By-law was required. The second storey of the boathouse is used as a storage area. Mr. Turner noted the dwelling is located at the top of a steep slope and is difficult to carry water recreational items, etc. up and down the hill. In response to Committee s question, Mr. Turner indicated there is a deck with sliding glass doors on the second level of the boathouse. There is a bridge going from the slope to the top floor of the boathouse with stairs leading down to the dock. Committee questioned if the space located above the garage was used as habitable space. Mr. Turner indicated his grandchildren play up there and he occasionally uses it as an office space. Resolution Number: PLN-03-26/08/2010 Councillor Hare Councillor Davidson: Be it resolved that Zoning By-law Amendment Application ZBA-22/10, Turner, Roll# , be approved for circulation. Carried. 7. Official Plan Amendment Applications a. None. 8. Site Plan Approvals a. None. Planning Committee Draft 9. Proposed Plans of Subdivision / Condominiums a. None. Consideration of a resolution to adopt the Planning Committee Minutes held on August 26, Page 4 of 33

5 Planning Committee Minutes August 26, 2010 Page #3 10. Reports a. Report from the Senior Planner, Re: Proposed 2010 Heritage Designations Mr. Pink reviewed the report. In response to Committee s question, Mr. Schmid indicated the Heritage Designation of public buildings gives more credence to the lack of accessibility compliance. Resolution Number: PLN-04-26/08/2010 Mayor Ellis Councillor Grady: Be it resolved that Planning Committee recommend to Council that a Heritage Consultant investigate the potential heritage designation of Bala s Museum and Watt Township Hall. Carried. In response to Committee s question, Mr. Fahner indicated Committee could consider additional requests for Heritage Designations for privately owned properties if an individual was willing to pay all the expenses associated with the designation process. b. Verbal Report from the Director of Planning, Re: Zoning By-law Review Timetable Mr. Fahner indicated there were 18 oral submissions at the Public Meeting held on July 24, An additional 25 written submissions were received following the meeting. Mr. Fahner explained both Silver Lake and Mirror Lake have incorrect zoning on them and felt an additional Public Meeting should be held. Mr. Fahner explained he is also currently preparing for the Ontario Municipal Board Hearing to be held in September/October for Official Plan Amendment 40. Mr. Fahner indicated that due to his current workload land lack of time to address comments on the zoning by-law he was recommending an additional Public Meeting should be held sometime in April or May, Committee held a brief discussion and agreed an additional Public Meeting should be held and the comments from the July, 2010 meeting should be presented to the new Council. Mr. Fahner indicated he would send a letter to those that had provided comments indicating Committee s decision to hold an additional Public Meeting in Spring, Correspondence a. None. 12. Information Items a. Proposed Zoning By-law Public Meeting Minutes Planning Committee Draft Mr. Fahner reviewed the minutes and oral submissions. Mr. Fahner felt there are few Community Commercial zones and did not think the permitted uses should be combined. The largest expressed concern was the proposed 100 foot front yard setback on Lake Joseph. He explained he has had conversations with the Building Department regarding the proposed setback. The Building Department has expressed concern that many of these properties may end up with sewage Consideration of a resolution to adopt the Planning Committee Minutes held on August 26, Page 5 of 33

6 Planning Committee Minutes August 26, 2010 Page #4 disposal systems in the front yard due to natural constraints. Mr. Fahner indicated it would have to be examined further. Mr. Fahner indicated there were also comments regarding surface area of docks and grandfathering provisions. Committee indicated concern regarding dock expansion permitted in marinas. They felt dock expansion should be examined on a site specific basis. In response to Committee s question, Mr. Fahner indicated Seguin Township currently has a 66 foot front yard setback and they are waiting to see what we are planning to do with our Zoning By-law before they make any changes. 13. New and Unfinished Business a. ZBA-49/08, By-law , Oliver, Part of Lot 33, Concession 2, (Port Carling), Roll # Mr. Pink explained the history, nature, and location of the application/property. Mr. Don Oliver, 1019 Maplewood Road, Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Oliver provided a brief chronological history of the lands. Committee had no questions. Resolution Number: PLN-05-26/08/2010 Mayor Ellis Councillor Grady: Be it resolved that By-law (Oliver) be returned to Council for consideration. Carried. 14. Committee in Closed Session a. Committee in Closed Session was not held. 15. Adjournment a. Resolution Number: PLN-06-26/08/2010 Councillor Grady Mayor Ellis: Be it resolved that this Planning Committee meeting conclude at 10:25 a.m., August 26, 2010, and the next meeting of the Planning Committee be scheduled at 9:00 a.m. on Thursday, the 16 th day of September, 2010 or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Carried. Planning Committee Draft Nancy Thompson, Chair Walt Schmid, Acting Clerk Consideration of a resolution to adopt the Planning Committee Minutes held on August 26, Page 6 of 33

7 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 7 of 33

8 PLANNING COMMITTEE AGENDA REPORT TO: Chair Thompson and Members of the Planning Committee MEETING DATE: September 16 th 2010 SUBJECT: ZBA-24/10, Corporate Properties Resorts, Part of Lot 15, Concession F, (Medora), Part 1, Plan 35R-5958, Roll # RECOMMENDATION: That ZBA-24/10 (Corporate Properties Resorts) be approved for circulation with the following added exemptions: i) Exterior side yard setback of 18 feet, ii) Rear yard setback of 33 feet, and iii) To permit a Medical Clinic as an accessory use only. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 08/09/10 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 08/09/10 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 08/09/10 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 925 ft. (by-law) Medora Creek, 830 ft. Muskoka Road 169 Lot Area acres Proposed Exemption: i) From Section of By-law 87-87, being the permitted uses in a Rural Commercial (RuC2) zone. The applicant wishes to permit a Medical Clinic on the subject property. BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Rural (Area 2: Low Density) Rural Commercial (RuC2), Environmental Protection (EP1) Page 1 of 4 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 8 of 33

9 Schedule No.: 41 Access: Muskoka Road 169 Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Rural Commercial, Rural Residential, Waterfront Residential Not Applicable Type 1 Significant Fish Habitat along Medora Creek Civic Address: 3571 Muskoka Road 169 PLANNING CONSIDERATIONS 1. Ownership The property contains the resort currently known as Greenestone Muskoka, formerly known as Cranberry Marsh Cove Resort. Municipal records indicate the property is under the ownership of Corporate Properties Resorts. According to the applicant, the name of this business has recently changed to Cranberry Cove Holdings Ltd. Planning staff have not received any documentation to confirm this as of yet. 2. Official Plan The property falls within the Rural (Area 2: Low Density) Designation. One of the goals of the Rural Designation is to encourage the limited construction and expansion of commercial businesses appropriate to the Rural area and to recognize their important overall function to the economic growth of the Township. Policies also promote recreational, tourism, and other economic opportunities in the Rural area. Objectives in the Rural area encourage the establishment and preservation of attributes that accommodate and support the primary tourism base of Muskoka, and promote innovative economic development opportunities. The Rural area allows a mix of uses, including Resorts. The Low Density Development Area also permits a number of uses, including land extensive commercial uses appropriate to the Rural area and Resorts. 3. Zoning By-law The subject property is currently zoned Rural Commercial (RuC2) and Environmental Protection (EP1). The RuC2 zone permits the main uses of Hotel, Motel, Tourist Resort, and Restaurant, and a number of accessory uses, including Convenience Store, Golf Course, Retail Store, Personal Service Shop, and Recreational Establishment, amongst others. A Medical Clinic is not a permitted use. The zoning by-law requires that when altering or changing the use of a building, all applicable zone requirements be met. In this case, the existing hotel building in which the Medical Clinic is housed is located approximately 18 feet from Muskoka Road 169 (exterior side lot line) and 33 feet from the rear lot line. Standard requirements in both cases are 50 feet. These two matters should be added as part of the circulation, if Planning Committee members are considering approval. Page 2 of 4 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 9 of 33

10 4. Site Characteristics Staff inspected the subject property on August 27 th According to floor plans submitted and the site visit, the Medical Clinic is currently operated out of nine former Accommodation Units of the Resort and front Office in the lower level of the main hotel building along Muskoka Road 169. The second floor appeared to still house Accommodation Units. No further aesthetic changes have been made to the building, other than modest signage. The property still gives the impression of a Tourist Resort, with numerous accommodation options and typical amenity features throughout the lot. 5. Existing and Proposed Development The property currently contains a Resort with several hotel style buildings, individual Housekeeping Units, and amenity buildings housing a fitness room, restaurant, etc. No development is proposed at the current time, the Medical Clinic is currently housed in the lower level of the larger hotel style building fronting onto Muskoka Road Order to Comply The Medical Clinic has been in operation in the lower level of one of the existing buildings for some time. According to the Resort s website, five general surgeons and one urologist practice at the location. A Stop Work Order and Order to Comply were issued on March 16 th 2010 in order to legally change the use of the building through the issuance of a Building Permit. 7. Compatibility The property has contained an existing Resort with numerous amenity features (restaurant, sauna, pool, etc.) for some time. A Medical Clinic, therefore, should not result in a compatibility issue. The lot is also quite well spatially separated from neighbouring land uses. 8. Main Use The application was submitted to permit the use of Medical Clinic on the property. Staff would recommend that the application be circulated to permit a Medical Clinic as an accessory use only. A Hotel, Motel, Tourist Resort, or Restaurant would have to be established on the lot in order to permit the use of Medical Clinic. 9. Servicing The property is not serviced by municipal water and sewer services. With a daily sewage flow most likely exceeding 10,000 litres per day, authority for the approval of a sewage system would fall with the Ministry of the Environment. The property is large, at over 17 acres in size. 10. Access An entrance is currently in place along Muskoka Road 169 and this is not proposed to change. If there are any concerns with adding a Medical Clinic use to this entranceway, the District of Muskoka Public Works and Engineering Department will be circulated for comments. 11. Parking A Tourist Resort requires one parking space per Tourist Resort unit. A Medical Clinic requires five parking spaces for each practitioner. With the removal of nine Tourist Resort units and the Page 3 of 4 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 10 of 33

11 addition of six practitioners, the zoning by-law would require an additional 21 parking spaces. Ample parking is provided on site. 12. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch. Floor plans and a clear sketch have been submitted and this application is, therefore, complete. Page 4 of 4 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 11 of 33

12 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 12 of 33

13 ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 13 of 33

14 Front office of Medical Clinic Lower level converted to Medical Clinic ZBA-24/10, Corporate Properties Resorts, (Cranberry Cove Holdings), Part of Lot 15, Concession F, Part 1 on Page 14 of 33

15 ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 15 of 33

16 PLANNING COMMITTEE AGENDA REPORT TO: Chair Thompson and Members of the Planning Committee MEETING DATE: September 16 th 2010 SUBJECT: ZBA-25/10, Rose and Binelli, Part of Lot 5, Concession 10, (Medora), Parts 1 to 3, Plan 35R-20256, Roll # RECOMMENDATION: That ZBA-25/10 (Rose and Binelli) be denied circulation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 07/09/10 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 07/09/10 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 07/09/10 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 142 ft. (by-law) Lot Area 0.71 acres Proposed Exemptions: i) Exemption from Section e. being the maximum permitted dock length of 66 feet on a Category 1 Lake (Lake Joseph). BACKGROUND PLANNING DATA The applicants wish to permit a dock addition at a length of 88 feet. Official Plan Designation: By-law Zoning: Waterfront Waterfront Residential (WR1) Schedule No.: 26 Access: Private Laneway off of Muskoka Road 169 Page 1 of 3 ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 16 of 33

17 Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Civic Address: Waterfront Residential Not Applicable Type I Significant Fish Habitat 4966 Muskoka Road 169, Unit # 1A PLANNING CONSIDERATIONS 1. Official Plan The subject property falls within the Waterfront Designation. The Waterfront setting consists of open space and low density residential land uses on mainland and island shorelines amongst a predominantly forested landscape. One of the main objectives of the Official Plan policies for the Waterfront designation is to ensure that built form does not dominate the natural shoreline. The Official Plan states that standards regulating shoreline structures shall be detailed in the implementing comprehensive zoning by-law. Section B.13.3 states that buildings, structures, or works extending beyond the normal or controlled high water mark or located at the shoreline shall be designed and located in a suitable manner so as to have regard for the following matters: a) Critical fish and wildlife habitat; b) The natural flow of water; c) Potential damage from flood and ice heaving; d) Privacy; and, e) Other shoreline, resource development, and environmental policies. Section B.13.5 states that shoreline structures shall not impede the immediate view of surrounding properties, as defined by the extension of property lines onto the water. Section B.13.6 states that the primary use of docks is for the docking and berthing of boats as well as access to the lake for swimming. Large docks, used as decks over the water, shall be discouraged. 2. Zoning By-law The subject property is zoned Waterfront Residential (WR1). The zoning by-law implements the Official Plan Policies by limiting the maximum permitted dock length on a Category 1 Lake (Lake Joseph) to 66 feet. The proposed dock addition complies with the zoning by-law in all other respects. 3. Site Characteristics Staff inspected the subject property on August 27 th A single slip dock is the sole shoreline structure along the frontage of the property, with the subject floating dock addition projecting from the end of the dock. Water depth is fairly shallow, which according to the applicant is in the range of two to three feet at the end of the existing dock. Although fairly shallow, two boats were moored on the existing docks within 66 feet of the shore, and the proposed extension was used for lounging. Page 2 of 3 ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 17 of 33

18 A two storey boathouse is located on the neighbouring lot to the west, approximately 75 to 100 feet away, while to the east a single slip dock is located approximately 100 feet away from the subject docks. The dock addition will have a negligible impact on the view of surrounding properties based upon the extension of property lines onto the water. The property is located along an open expanse of Lake Joseph, and in staff s opinion, the additional length would not pose a navigational hazard. 4. Background The dock addition is 24 feet in length by 14 feet in width (336 sq. ft. in area). It was constructed without a Building Permit. An Order to Comply was issued on July 21 st Decks Over Water Official Plan policies discourage large docks over water used as decks. The proposed dock extension will provide a 336 sq. ft. deck area, and was used as such during the site inspection. There are no provisions in the zoning by-law to prevent such structures/uses. 6. Fish Habitat The Ministry of Natural Resources has classified the fish habitat adjacent to the subject property as Type 1 Significant Fish Habitat. In staff s experience, a floating dock of this size located beyond 66 feet from the shoreline would have a negligible impact on fish habitat. Nonetheless, if Committee members are considering approval for circulation, a Fisheries Assessment could be requested. 7. By-law Administration Although the proposed dock addition would appear to have a negligible impact on the view from surrounding properties and navigation, the principal basis for permitting additional dock length has been a lack of water depth. The application form indicates two to three feet of water depth at 66 feet in length. However, boats were moored on the portion of docks within 66 feet of the shore during the site visit and additional deck space appeared to be the current use and main function of the dock addition. Staff, therefore, recommends denial of circulation. 8. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. This application is, therefore, complete. Page 3 of 3 ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 18 of 33

19 ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 19 of 33

20 View from subject docks towards the west View towards the east ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 20 of 33

21 Existing docks which extend to 66 feet Proposed dock addition to 88 feet ZBA-25/10, Rose/Binelli, Part of Lot 5, Concession 10, Parts 1 to 3 on Plan 35R-20256, (Medora), Roll # Page 21 of 33

22 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 22 of 33

23 PLANNING COMMITTEE AGENDA REPORT TO: Chair Thompson and Members of the Planning Committee MEETING DATE: September 16 th 2010 SUBJECT: ZBA-27/09, Bock, Part of Lot 18, Concession 5, (Medora), Part of Lot 2, Plan 31, Roll # RECOMMENDATION: That ZBA-27/09 (Bock) be denied circulation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 07/09/10 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 07/09/10 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 07/09/10 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 184 ft. (by-law), 1040 feet (actual) Lot Area 2.09 acres Proposed Exemption: i) Exemption from Section a. being the maximum permitted lot coverage of 10% of the lot area within 200 feet of the water s edge on a Category 1 Lake (Lake Joseph). The applicants wish to construct a detached garage that results in a lot coverage of 11.0%. PLANNING CONSIDERATIONS 1. Background This application was initially brought to the September 24 th 2009 Planning Committee meeting and adjourned. The original staff report is attached to the current agenda. The initial request was for a detached garage that resulted in a lot coverage of 11.95% and that was 25 feet in height. The maximum permitted accessory structure height is 20 feet. Staff was not supportive Page 1 of 2 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 23 of 33

24 of the original request, nor were Planning Committee members, and changes have now been proposed by the applicants. 2. Changes The original proposal requested a 1,440 sq. ft. one storey garage that was to be 25 feet in height and resulted in a lot coverage of 11.95%. The applicants have revised their proposal, reducing the garage size to 780 sq. ft., resulting in a proposed lot coverage of 11.0%. The height has also been reduced to 20 feet, in compliance with the zoning by-law. The reduction in size and height of the garage has not resulted in significant changes to the plot plan, but the structure is now proposed 10 feet further from the water s edge. Other than this improvement, it is to be situated in more or less the same location. 3. By-law Administration There are some arguments for exceeding lot coverage provisions on the subject property, including that the structure is a non-habitable building and will be well screened from the lake. The property is also irregular in shape, limited by topographical considerations, and the garage is proposed in the most suitable location on the lot. The applicants have also submitted a Site Plan Application concurrently with the Zoning By-law Amendment Application, and propose to plant 14 to 16 evergreen trees along the side lot line. Although staff does not support applications for lot coverage, Council and Committee of Adjustment have approved lot coverage not exceeding 11% on Lake Joseph. Page 2 of 2 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 24 of 33

25 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 25 of 33

26 ORIGINAL PROPOSAL ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 26 of 33

27 PLANNING COMMITTEE AGENDA REPORT TO: Chair Thompson and Members of the Planning Committee MEETING DATE: September 24 th 2009 SUBJECT: ZBA-27/09, Bock, Part of Lot 18, Concession 5, (Medora), Part of Lot 2, Plan 31, Roll # RECOMMENDATION: That ZBA-27/09 (Bock) be denied circulation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 15/09/09 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 15/09/09 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 15/09/09 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 184 ft. (by-law), 1040 feet (actual) Lot Area 2.09 acres Proposed Exemption: i) Exemption from Section a. being the maximum permitted lot coverage of 10% of the lot area within 200 feet of the water s edge on a Category 1 Lake (Lake Joseph). ii) Exemption from Section a. being the maximum permitted accessory structure height in a Waterfront Residential (WR1) zone of 20 feet. The applicants wish to construct a 25 foot high garage that results in a lot coverage of 11.95%. BACKGROUND PLANNING DATA Official Plan Designation: Waterfront Page 1 of 4 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 27 of 33

28 By-law Zoning: Waterfront Residential (WR1) Schedule No.: 28 Access: Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Civic Address: Hemlock Point Road Waterfront Residential, Golf Course Not Applicable Type I (Significant) and Type II (General) 1294 Hemlock Point Road PLANNING CONSIDERATIONS 1. Official Plan The subject property falls within the Waterfront Designation. One of the main objectives of the Waterfront designation is to ensure that built form does not dominate the natural shoreline. The policies encourage low-density residential development to achieve this objective. Official Plan Policies are quite firm with respect to density. Section B.2.4 states that limiting density of buildings and structures in the Waterfront area is important in protecting the character of the Waterfront area. Strict adherence to policies limiting density related to these factors is paramount. Section B.5.12 states that the redevelopment of existing properties shall be encouraged to follow current development standards, as closely as possible. Section B.5.27 states that structurally, high profile development shall generally not be permitted. The height of any structure should be appropriate to its setting and terrain, including slope, tree cover, setbacks, and architecture and generally not exceed the height of the tree canopy. Section B.9.3.D states that the policies and implementing zoning by-law provisions regarding density shall be strictly adhered to in accordance with Section F.1.5 of the Official Plan. Section B.14.2 provides policies for development on Category 1 lakes, limiting the maximum lot coverage to 10% of the lot area based on that portion of the area of the lot within 200 feet of the normal water s edge. Section B.14.6 states that coverage is a means by which density is controlled, therefore, strict compliance is required. An Official Plan amendment is required for a variation exceeding 1/10 of the permitted coverage. Section F states that in considering applications, the potential impact of similar approvals will be considered. The cumulative impact of amendments will be considered to have greater weight than site specific considerations. Section F states that due to carefully planned origins of certain provisions of the zoning by-law, exemptions may not be granted for lot coverage Page 2 of 4 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 28 of 33

29 2. Zoning By-law The subject property is zoned Waterfront Residential (WR1). The zoning by-law implements the Official Plan policies by limiting lot coverage to 10% of the lot area within 200 feet of the water s edge on Category 1 Lakes (Lake Joseph). The proposed lot coverage is 11.95%. The maximum permitted height of accessory structures in a WR1 zone is 20 feet. The proposed garage complies with the zoning by-law in all other respects. 3. Site Characteristics Staff inspected the subject property on September 10 th The property slopes steeply down from the road along a thin strip of land, and then levels off to a wider peninsula. The property is generally well vegetated, including the shoreline vegetative buffer, although it lacks depth due to reduced front yard setbacks for the cottage. The proposed location for the garage is an old septic bed and it is, therefore, levelled and mainly cleared. Based on topography, the proposed location is the most suitable on the lot. The location is well screened from the lake and abutting residential development to the east, but is only separated from development to the west by a row of cedars. A residence is located on the adjoining lot in close proximity to this side lot line. 4. Existing and Proposed Development/Density The property currently contains a recently constructed 5,800 sq. ft. dwelling and 1,680 sq. ft. two storey boathouse with sleeping cabin above. The existing lot coverage of these structures is 8.2% of the lot and 10.0% of the lot area within 200 feet of the lake. This is in compliance with present day lot coverage requirements. The applicants wish to construct a 1,440 sq. ft. one storey garage, at a height of 25 feet. The proposed development will result in a lot coverage of 9.8% of the lot and 11.95% of the lot area within 200 feet of the lake. 5. Height No architectural renderings were submitted with the application. These may have been helpful to gauge the potential impact of the proposed increased height. Although one would presume the increased height is to accommodate a second storey, the application states it will be a one storey structure. Storage space would be permitted if a second storey was proposed, while a sleeping cabin would not be permitted as one currently exists above the boathouse. The application states the increased height is necessary for architectural or aesthetic reasons. 6. Plantings As stated above, the proposed garage will be well screened when viewed from the lot to the east, and fairly open when viewed from the lot to the west. The applicant has proposed to plant further evergreen trees where necessary along the easterly lot line, and 14 to 16 evergreen trees along the westerly lot line. This will assist in mitigating impacts from increased density and height when viewed from neighbouring properties. The site plan submitted indicates that the neighbouring property owner to the west has been contacted and is in agreement with additional plantings. Page 3 of 4 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 29 of 33

30 7. Previous Variance Minor Variance Application A-50/07 was granted on August 23 rd 2007 and permits a two storey boathouse on the property which has less than 300 feet of by-law frontage. As a condition of this variance, docks and boathouses were prohibited from the two bays on either side of the peninsula, the property was made subject to site plan control, and dark sky lighting was required. 8. By-law Administration Official Plan Policies are quite firm with respect to compliance with lot coverage provisions. Accordingly, staff does not generally support lot coverage applications in the Waterfront designation. Although the property is irregular in shape, limited by topographical considerations and the garage is proposed in the most suitable location, staff cannot recommend approval of the lot coverage proposed. Council has been consistent in its decisions on lot coverage to maintain density within 1/10 th of that permitted, as outlined in the Official Plan. Staff would be very concerned with the potential precedent approval of the current application may set. 9. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. Elevation drawings would have been helpful with respect to the exemption for height. This application is, therefore, complete. Page 4 of 4 ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 30 of 33

31 Two Storey Boathouse Dwelling ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 31 of 33

32 Proposed Garage Location View From Proposed Garage Towards West ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 32 of 33

33 View From Proposed Garage Towards Lake ZBA-27/09, Bock, Part of Lot 18, Concession 5, Part 2 on Plan 31, (Medora), Roll# Page 33 of 33