GRAVENHURST COMMITTEE OF ADJUSTMENT FOR CONSENTS AND MINOR VARIANCES ***** A G E N D A *****

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1 GRAVENHURST COMMITTEE OF ADJUSTMENT FOR CONSENTS AND MINOR VARIANCES ***** A G E N D A ***** WEDNESDAY, JUNE 21, 2017 at 5:00 p.m. in the Gravenhurst Municipal Office Council Chambers 1. NEW BUSINESS 2. ADOPTION OF AGENDA ******************** PAGE 3. ADOPTION OF MINUTES: May 17, DISCLOSURE OF PECUNIARY INTERESTS 5. APPLICATIONS FOR CONSENTS a) B/08/2017/GR LEVASSEUR, Gerald 8 b) B/09/10/2017/GR BOYINGTON, Anna APPLICATIONS FOR MINOR VARIANCE a) A/11/2017/GR MAHONEY, Kevin & Carol 17 b) A/12/2017/GR EVANS, Margaret 23 c) A/13/2017/GR TRUHLAR, William & Nancy 28 d) A/14/2017/GR CANADA INC ADJOURNMENT CA

2 GRAVENHURST COMMITTEE OF ADJUSTMENT FOR CONSENTS AND MINOR VARIANCES WEDNESDAY, MAY 17, :00 P.M. GRAVENHURST MUNICIPAL OFFICES COUNCIL CHAMBERS M I N U T E S PRESENT WERE: Committee Members Chair Randy Jorgensen Graeme Murray Laura Meikle Garnet Schenk Paul Kelly Staff: Katie Kirton, Manager of Planning Services and Secretary-Treasurer Susan Flemming, Recording Secretary and Deputy Secretary-Treasurer ADOPTION OF AGENDA Moved by Paul Kelly Seconded by Graeme Murray #26 BE IT RESOLVED THAT the Amended Agenda as presented to the Committee of Adjustment on May 17, 2017, be adopted. CARRIED. 2. ADOPTION OF MINUTES Moved by Paul Kelly Seconded by Graeme Murray #27 BE IT RESOLVED THAT the Minutes of the Gravenhurst Committee of Adjustment meeting dated April 19, 2017, be adopted. CARRIED. The Chair advised that there are two Consent Applications and four Minor Variance Applications on the Agenda for Committee s consideration. 3. DISCLOSURE OF PECUNIARY INTERESTS Nil. 2

3 4. APPLICATIONS FOR CONSENT a) Application B/05/06/2017/GR BYSTRIANSKY & FAIRWOOD HOLLOW LTD. Correspondence was received from: The Plans Examiner; The Emergency Planning Coordinator; and, The District Municipality of Muskoka; The Planner provided additional information relevant to the application and recommended that the application be approved. Tim Bunker, agent, presented his rational for approval of the application. He advised that the consent is necessary to formalize a real estate transaction and that severing a vacant lot and adding it onto the lots on either side will solve some privacy issues for these properties. The Committee discussed the lot fabric, status of the right-of-way and conditions of consent. Moved by Paul Kelly Seconded Graeme Murray #28 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.p.13, that Consent be Granted for Application No. B/05/2017/GR Mark & Lubica BYSTRIANSKY. CONDITIONAL ON: (1) A Deed and/or Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan; (2) A digital drawing file of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town. A fee per lot being created be paid, in accordance with the current Fees and Services Charges By-law; Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance or transaction of or in relation to the parcel of land being the subject of this consent. The application will conform with the requirements of the Gravenhurst Zoning By-law and the Gravenhurst Official Plan and will meet the requirements of all commenting agencies. Moved by Graeme Murray Seconded by Paul Kelly CARRIED 3

4 #29 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.p.13, that Consent be Granted for Application No. B/06/2017/GR FAIRWOOD HOLLOW LTD. CONDITIONAL ON: (1) A Deed and/or Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan; (2) A digital drawing file of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town. A fee per lot being created be paid, in accordance with the current Fees and Services Charges By-law; Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance or transaction of or in relation to the parcel of land being the subject of this consent. The application will conform with the requirements of the Gravenhurst Zoning By-law and the Gravenhurst Official Plan and will meet the requirements of all commenting agencies. b) Application B/07/2017/GR HERIBAN, Kristie Correspondence was received from: The Plans Examiner; The Chief Building Official; and, The Emergency Planning Co-ordinator; CARRIED The Planner provided additional information relevant to the application and recommended that the application be approved. The agent, Ted Nixon, 100 Esgore Drive, Toronto, ON, M5M 3S2 advised that he is the husband of applicant, and presented his rational for approval of the application. Steven McCarter, 68 Humberview Road, Toronto ON, M6S 1W8, asked if the lots would become one property when they merge and questioned why the Notice was only sent to abutting owners within 60 metres. The Planner advised that there will be a clause added to the Consent Certificate stating that the severed parcel will be required to merge with the benefitting parcel. She also advised that the 60.0 metre circulation for a consent application is the minimum requirement under the Planning Act and that this is also in the Town s Official Plan policies. 4

5 Moved by Graeme Murray Seconded Paul Kelly #30 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.p.13, that Consent be Granted for Application No. B/07/2017/GR Kristie HERIBAN CONDITIONAL ON: (1) A Deed and/or Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan. Subsection 3 of Section 50 of the Planning Act applies to any subsequent conveyance or transaction of or in relation to the parcel of land being the subject of this consent. The application will conform with the requirements of the Gravenhurst Zoning By-law and the Gravenhurst Official Plan and will meet the requirements of all commenting agencies. CARRIED 6. APPLICATIONS FOR MINOR VARIANCE a) Application A/07/2017/GR - MORGAN & GOUDIE Correspondence was received from: The Plans Examiner; The Fire Prevention Officer; and, The Emergency Planning Coordinator The Planner provided additional information relevant to the application, and recommended that the application be approved conditional upon the Applicants entering into a Site Plan Agreement. The applicants were not present. No comments were received from the public. The Committee asked for clarification on the surrounding uses and the development potential of the lot. 5

6 Moved by Garnet Schenk Seconded by Graeme Murray #31 BE IT RESOLVED THAT Application No. A/07/2017/GR MOGAN & GOUDIE, be approved and that the necessary Notice of Decision be prepared conditional upon the applicant entering into a Site Plan Agreement with the Town. CARRIED. b) Application A/08/2017/GR - Susan and Michael BUTT Correspondence was received from: The Plans Examiner; and, The Fire Prevention Officer; The Planner provided additional information relevant to the application, and recommended that the application be approved. The applicant Michael Butt, 1021 Rockcastle Road, Severn Bridge, ON P0E 1N0 gave an overview of the need for the application. Moved by Graeme Murray Seconded by Garnet Schenk #32 BE IT RESOLVED THAT Application No. A/08/2017/GR Susan & Michael BUTT, be approved and that the necessary Notice of Decision be prepared conditional upon the applicant entering into a Site Plan Agreement with the Town. c) Application A/09/2017/GR Frances & David THURINGER Correspondence was received from: The Chief Building Official; The Fire Prevention Officer; The Emergency Planning Coordinator; and, Lloyd Doublet CARRIED. The Planner provided additional information relevant to the application, and recommended that the application be approved. The applicants were not present. 6

7 No comments were received from the public. The Committee questioned non-complying setbacks and the requirement for a drainage plan. Moved by Graeme Murray Seconded by Michael Goudie #33 BE IT RESOLVED THAT Application No. A/09/2017/GR Frances & David THURINGER, be approved and that the necessary Notice of Decision be prepared conditional upon the applicant entering into a Site Plan Agreement with the Town. d) Application A/10/2017/GR David MOULTON Correspondence was received from: The Plans Examiner; The Fire Prevention Officer; and, The Emergency Planning Coordinator CARRIED. The Planner provided additional information relevant to the application, and recommended that the application be approved conditional upon the Applicants entering into a Site Plan Agreement. The agent, Christine Kelly, presented her rationale for approval of the application. Moved by Graeme Murray Seconded by Garnet Schenk #34 BE IT RESOLVED THAT Application No. A/10/2017/GR David MOULTON, be approved and that the necessary Notice of Decision be prepared conditional upon the applicant entering into a Site Plan Agreement with the Town. CARRIED. 7. ADJOURNMENT The motion to adjourn was moved by Garnet Schenk and seconded by Laura Meilke. The meeting adjourned at 6:00 p.m. Original Signed Randy Jorgensen Chair Original Signed Susan Flemming Deputy Secretary-Treasurer 7

8 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: B/08/2017/GR; LEVASSEUR, Gerald RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT the consent be granted provided that the requirements of the following conditions are satisfied: (1) A Deed and/or Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan. (2) A digital drawing file of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town. A fee per lot being created be paid, in accordance with the current Fees and Services Charges By-law. The purpose of this report is to provide background information and recommendations related to Consent Application B/08/2017/GR. The application was submitted in order to recreate two previously existing lots that have inadvertently merged on title. A location map and Schedule are attached. PROPERTY INFORMATION a) Lot Dimensions: Retained Severed Lot Area: 1.2 hectares 1.0 hectares Lot Frontage: 62.2 metres 89.0 metres b) Servicing: Private water supply and private sewage system. 8

9 c) Access: The Retained lands are accessed via District Road No. 6 (Housey s Rapids Road) The Severed lands are accessed via Riley Lake Road. d) Site Inspection and Characteristics: A site inspection was conducted on June 1, 2017 by Jeremy Rand and Katie Kirton. The Retained lands are developed with a Dwelling and accessory structures. The property is well treed outside of development envelopes. The Severed lands are vacant and well treed. e) Surrounding Land Uses: Surrounding uses are rural in nature. To the west of the subject lands is the Summerland General Store. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Rural Area as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. K 20 Merged Lots Where abutting lots have previously existed as conveyable parcels and have inadvertently merged on title under applicable sections of the Planning Act, and the lots will not meet current standards, in general the recreation of the original lots will be discouraged but may be considered provided that: a) The property has not been purchased as one parcel; b) Evidence is produced which indicated that the lots were previously registered separately; c) The minimum lot requirements cannot be achieved through other methods; d) The recreation of the parcel would not be in conflict with the environmental policies of the plan, particularly those respecting water quality; e) The proposed lots can properly accommodate development; 9

10 f) There is safe and adequate access to the proposed lots; and g) The proposed lots and uses are compatible with the surrounding lots and uses. It was noted that there are no natural features identified on the subject lands. Staff are of the opinion that the exemptions in Section K 20 of the Official Plan have been met. Staff are of the opinion that the application meets the intent and policies of the Town of Gravenhurst Official Plan. Zoning By-law Current Zoning: Retained Lands: Commercial Recreation Zone (CR-7) Severed Lands: Residential Rural Zone (RR-5) The Consent Application B/08/2017/GR meets the frontage and area requirements of Zoning By-law 10-04, as amended. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Sketch RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:sf 10

11 KEY MAP HOUSEYS RAPIDS Subject Property WITBECK FITCHETT RILEY LAKE FIRE ROUTE FITCHETT RILEY LAKE Metres 1:6, Proposed Consent Application Application B/08/2017/GR LEVASSEUR, Gerald Part of Lot 27, Concession 5 in the former Township of Ryde now in the Town of Gravenhurst District Municipality of Muskoka being Parts 3 - T 5, e x P t lan 35R-4825 Municipally known as 1933 Housey's Rapids Rd Roll Nos and

12 ! \ F p p, p --.RT PA Rt WHEN 01 AND M FAOMF I I' PART 2,-,,,, -- ' "'"'I I"" 'i,:,..,...,.,. J "' r ': f., :.., I (1: 1,1,1 (WIT.I,....1 ' PART ---- SCHEDULE Proposed Consent Application Application 8/08/2017/GR LEVASSEUR, Gerald Part of Lot 27, Concession 5 in the former Township of Ryde now in the Town of Gravenhurst District Municipality of Muskoka being Parts 3-5, Plan 35R-4825 Municipally known as 1933 Housey's Rapids Rd Roll Nos and Date: June 4, 2017 fi l 'Lt'\.3 S-(L - Lf- :;l. G 5 Ce;\. le (....:. lo c::, 12 PART 6

13 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: B/09/10/2017/GR; BOYINGTON, Anna RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT the consent be granted, provided that the requirements of the following conditions are satisfied: (1) A Deed and/or Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan. The purpose of this report is to provide background information and recommendations related to Consent Application B/09/10/2017/GR. The application was submitted in order to permit a right of way in favour of neighbouring properties to the north, for the purpose of utilities. A location map and Schedule are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 2.1 hectares Lot Frontage: 54.0 metres (approx.) b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Barkway Road d) Site Inspection and Characteristics: A site inspection was conducted on June 1, 2017 by Jeremy Rand and Katie Kirton. The lands subject to the right of way contain an existing driveway. The lands abutting the right of way are well treed and mainly naturalized. e) Surrounding Land Uses: Surrounding lands uses include waterfront residential to the north and east, and rural residential to the west and south. 13

14 ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area as identified in the Town of Gravenhurst Official Plan. The application was submitted in order to permit utility access over an existing right of way. No additional development or site alteration is required as a result of this application. Therefore, staff are of the opinion that the application would conform with the policies of the Town s Official Plan. Zoning By-law Current Zoning: Rural Zone (RU) As no development is proposed as a result of this application, staff are of the opinion that the application meets the intent of Zoning By-law CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Scott Lucas, Director of Development Services JR:ws 14

15 KEY MAP COOKS 1776 BARKWAY BASS LAKE BARKWAY THOMAS Subject Property Metres 1:4,092 Proposed Consent Application Applicatoin B/09/10/2017/GR BOYINGTON, Anna Part of Lot 22, Concession 7 in the former Township of Ryde now in the Town of Gravenhurst District Municipality of Muskoka Municipally known as 1798 Barkway Rd Roll No

16 A now in the Town of Gravenhurst 4 A. IH J4W* Is I h. Date: June 6, 2017 f municipally known as 1793 Barkway Rd District Municipality of Muskoka in the former Township of Ryde Part of Lot 22, Concession 7 BOYINGTON, Anna Proposed Consent Consent Application No. B/09/1 0/20 7/GR 1 /2. T /, 7r Roll No LC H ED U LE - - I! IY-.[,j rrr sc I, ;(4 LH-; /tt oyj8 - ) ( I..; - r LEx _.-,J,v-&,.,, J1, - = - A d ;i C iu tc - F1Is;ct esd /½r4 o4 AJ IA. rr S i4a cra Ve41

17 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: A/11/2017/GR; MAHONEY, Kevin & Carol RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Minor Variance Application A/11/2017/GR be approved The purpose of this Report is to provide background information and recommendations related to Minor Variance Application A/11/2017/GR. The application was submitted in order to facilitate the reconstruction of a Dwelling. If approved, the application would permit: an increase to the maximum Lot Coverage of 13.5% instead of the required 13.0%, a Side Yard (South side only) of 5.9 metres instead of the required 6.0 metres, permit a Dwelling with a Height of 7.7 metres instead of the required 7.5 metres and would recognize the location of an existing Shed. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: square metres Lot Frontage: 23.6 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Lawland Heights d) Fish Habitat: The property is located adjacent to Type 2 fish habitat. 17

18 e) Site Inspection and Characteristics: A site inspection was conducted on June 6, 2017 by Jeremy Rand and Katie Kirton. The subject lands contain a Dwelling with Decking, a storage structure, a Sleeping Cabin, Docking Facilities and a Boathouse. The Boathouse contains legal non-complying habitable space. The lands are well vegetated for the most part with a small manicured lawn area near the dwelling. A well vegetated treed buffer exists along the side yard of the property. The Sleeping Cabin is proposed to be removed from site. f) Surrounding Land Uses: Surrounding land uses are waterfront residential in nature on lands with similar depths. Dwellings in the area have varied sizes but similar setbacks to that of the proposed. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area as identified in the Town of Gravenhurst Official Plan. The application was submitted in order to permit the reconstruction of a Dwelling. The existing Dwelling is approximately 14.9 metres from the Optimal Summer Water Level while the proposed Dwelling would be lcoated at a 20.0 metre Setback. In addition, it should be noted that the increase in Lot Coverage from 13.0% to 13.4% represents an additional 6.4 square metres of development permitted. Staff are of the opinion that the variances requested would meet the policies of the Official Plan given the increased Setbacks from the Optimal Summer Water Level and the removal of a legal noncomplying Sleeping Cabin from the site. Any additional visual impacts as a result of the proposal would be minimal. Zoning By-law Current Zoning: Residential Waterfront Zone (RW-6) 18

19 The proposed minor variance would have the effect of permitting the following: - A maximum Lot Coverage of 13.5% instead of the permitted 13.0%; - A minimum Side Yard (south side only) of 5.9 metres instead of the required 6.0 metres; - A maximum Height of 7.7 meters instead of the permitted 7.5 metres; and - Recognize the existing location of a Shed towards the rear of the property as shown on the attached schedule. Given the nature of the proposal, staff are of the opinion that the application meets the intent of the Town of Gravenhurst Zoning By-law. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Scott Lucas, Director of Development Services JR:sf 19

20 KEY MAP LAKE MUSKOKA LAWLAND HEIGHTS Subject Property NARROWS Metres 1:5, Minor Variance Application A/11/2017/GR MAHONEY, Kevin and Carol Part of Lot 26, Concession 9 (Lake Muskoka) in the former Township of Muskoka Now in thetown of Gravenhurst Text District Municipality of Muskoka being Lot 27, Plan Text M-39 Municipally known as 1046 Lawland Heights Road Roll No

21 ; CD CD D I CD C), CD 0 a 0 CD m I t -J 3

22 UNITS / DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY O.304B / /.z. / / LOT 28 e I < I -I?EG1S 7E1?ED P1 A1 VI 4 4, / 4, LOT SCHEDULE 2ot2 Minor Variance Application No. A/11/2017/GR MAHONEY, Kevin and Carol Part of Lot 26, Concession 9 (Lake Muskoka) in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 27, Plan M-39 municipally known as 1046 Lawland Heights Road Roll No NTS Date: June 9, 2017

23 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: A/12/2017/GR; EVANS, Margaret RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Minor Variance Application A/12/2017/GR be approved. The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/12/2017/GR. The application was submitted in order to recognize the location and size of an existing Shoreline Storage Building (Boat Storage). If approved, the application would permit a Shoreline Development Area of square metres instead of the permitted square metres. A location map and development sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.2 hectares Lot Frontage: 32.0 metres b) Servicing: Municipal water supply and Municipal sewer. c) Access: Municipally maintained road: Gateway Drive d) Fish Habitat: The property is located adjacent to Type 2 fish habitat. 23

24 e) Site Inspection and Characteristics: A site inspection was conducted on June 1, 2017 by Jeremy Rand and Katie Kirton The subject lands contain a Dwelling attached Garage and Decking, Docking facilities and a dry land Boathouse. f) Surrounding Land Uses: Surrounding land uses are urban residential waterfront in nature. Neighbouring Docking is located in close proximity to the subject Dryland Boathouse. g) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Urban Waterfront Area - Serviced, as identified in the Town of Gravenhurst Official Plan. It should be noted that the boat storage building subject to this application was intended to be demolished previously due to a recent Deck addition (stairs) which created a situation where the property was out of compliance with the Shoreline Development Area provisions of the zoning by-law. The owner would like to recognize the Shoreline Development Area in order to recognize the deficiency in order to maintain the existing boat storage building. While on site, staff were satisfied that the visual impact of the building has been established. The additional Shoreline Development Area for the Deck addition (stairs) did not result in additional vegetation removal or visual impact when viewed from the water. As such, Staff are of the opinion that the proposed increase to Shoreline Development Area would meet the intent and policies of the Town of Gravenhurst Official Plan. Zoning By-law

25 Current Zoning: Residential Two Zone (R-2) The proposed Minor Variance would permit a Shoreline Development Area of square metres instead of the permitted square metres. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:cw 25

26 KEY MAP GRACE SEGWUN Subject Property LORNE LAKE MUSKOKA GATEWAY FRASER WAGNER Metres 1:3,000 Minor Variance Application A/12/2017/GR EVANS, Margaret Part of Lot 22, Concession 5 (Lake Muskoka) in the former Township of Muskoka now in thetown of Gravenhurst Text District Municipality of Muskoka being Lot 14, Plan Text M-486 Municipally known as 660 Lorne Street 26 Roll No

27 I,. -1 rn7 TI - Ix P1 If) 0 C) (J 0 Ui 0 Ui -H Ri SCHEDULE Minor Variance Application No. A112/20171GR EVANS, Margaret Part of Lot 22, Concession 5 (Lake Muskoka) in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 14, Plan M-486 municipally known as 660 Lorne Street Roll No Date: June9,

28 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: A/13/2017/GR; TRUHLAR, William & Nancy RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Minor Variance Application A/13/2017/GR be approved. The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/13/2017/GR. The application was submitted in order to facilitate the construction of a Detached Garage and would also recognize the existing Shoreline Development Area. If approved, the application would permit a Detached garage with a minimum Side Yard (west side) of 3.0 metres instead of the required 6.0 metres, as well as an increase in Shoreline Development Area from the permitted 69.0 square metres to 76.2 square metres. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.2 hectares Lot Frontage: 27.4 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Lawland Heights d) Fish Habitat: The property is located adjacent to Type 2 fish habitat. e) Site Inspection and Characteristics: A site inspection was conducted on June 6, 2017 by Jeremy Rand and Katie Kirton. 28

29 The subject lands contain an existing Boathouse and Docking facilities. The remainder of the property is currently vacant however appears to be prepared for development. The interior of the property is mainly open with some manicured lawn area. The side yards are well treed with a mixture of vegetation. f) Surrounding Land Uses: Surrounding land uses are residential waterfront in nature on similar sized lots with dwelling setbacks similar to those on the subject lands. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Areas identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and littoral zone environment. Primary development shall be set back a minimum of 30.0 metres from the high water mark. Site alteration and disturbance of vegetation within 20.0 metres of the shoreline shall be limited to minor alterations to accommodate trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. As a condition of development or redevelopment restoration of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lane shall be used as an example of how to regulate a disturbed shoreline. Aside from the building envelopes and amenity areas, the subject lands are well treed. The shoreline contains primarily low lying vegetation and rock outcroppings. Additional vegetation is not proposed to be removed as a result of this application. In addition, the area adjacent of the proposed Garage is well vegetated and screened from the neighbouring property. The Shoreline Development Area is proposed 29

30 to be recognized as part of this application. The applicant has noted that the Dock has been in place since In addition, the Docking meets all requirements of the By-law outside of Shoreline Development Area. The Docking is also in character with docking on adjacent properties. In consideration of the foregoing, staff are of the opinion that the application meets the intent of the Town of Gravenhurst Official Plan. Zoning By-law Current Zoning: Residential Waterfront Zone (RW-6) The proposed Minor Variance would have the effect of permitting a Garage with a minimum Side Yard (west side only) of 3.0 metres instead of the required 6.0 metres as well as a Shoreline Development Area of 76.2 square metres (existing) instead of the permitted 69.0 square metres. It should be noted that the existing Dock meets Setback and Projection requirements of Zoning By-law The Side Yard adjacent to the proposed garage is well treed with a mixture of vegetation. As such, staff are of the opinion that the application meets the intent of the Zoning by-law. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Scott Lucas, Director of Planning Services JR:ws 30

31 KEY MAP LAKESHORE LAKE MUSKOKA Subject Property LAWLAND HEIGHTS NARROWS NARROWS Metres 1:6,138 Proposed Minor Variance Application A/13/2017/GR TRUHLAR, William and Nancy Part of Lot 26, Concession 9 (Lake Muskoka) in the Former Township of Muskoka now in the Town of Gravehurst Text District Municipality of Muskoka being Lot 38 and Text S. Part of Lot 39, Plan M-39 Municipally known as 1074 Lawland Heights Rd Roll No

32 LEGEND SCALE: 1:400 NOTE EX. SEPT1CTOBE REMOVED X X OVERHEAD WRES - HYDRO & TELEPHONE 0 LOT LINE? WATERS EDGE EXSISTING VEGETATION EXISITNG DOCKS MIN. SET BACKS 1000 GALLON SEPTIC TANK PUMP STATION HDPE WATERLOO BIOFILTER TREATMENT TANK 250 sq. m LOADING AREA Truhiar Property Lot 38;1074 Lawland Heights Rd PiP 1R2 Township of Gravenhurst Waterbody Lake Muskoka Zoning: Residential Waterfront RW-6 SCHEDULE Minor Variance Application No. All 3/201 7IGR TRUHLAR, William and Nancy Part of Lot 26, Concession 9 (Lake Muskoka) in the Former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 38 and S. Part of Lot 39, Plan M-39 Municipally known as 1074 Lawland Heights Rd Roll No Date: June 9, el Ii - f-t 32 r. I. - -.

33 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: June 21, 2017 Subject: A/14/2017/GR; Canada Inc. RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Minor Variance Application A/14/2017/GR be approved. The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/14/2017/GR. The application was submitted in order to facilitate the expansion of an existing commercial building (restaurant) through the exemption of resultant parking requirement increases. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area:.01 hectares Lot Frontage: 20.1 metres b) Servicing: Municipal water and municipal sewer c) Access: District maintained road: Muskoka Road North d) Site Inspection and Characteristics: A site inspection was conducted on June 1, 2017 by Jeremy Rand and Katie Kirton. The property is development with a restaurant (Oar and Paddle) with parking and an outdoor patio. The outdoor patio would be replaced by the proposed addition. e) Surrounding Land Uses: Surrounding uses include a bed and breakfast to the south and a residential dwelling to the north. The property is located within the Central Business District Area and is in close proximity to many downtown amenities. On street parking exists along Muskoka Road as well as other neighbouring streets. 33

34 ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Central Business District Area as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. C General Commercial Development Policies These policies shall apply to all Commercial designations. The Town will not limit the development of commercial or service uses in order to protect the market of existing service or commercial uses. It is in the intention of this Plan that the public interest is best served by allowing residents and visitors to decide where to shop. All new Commercial development shall proceed on the basis of full municipal water and sewage facilities, except as may be provided herein. It is the intention that the Central Business District Area will continue to develop as a pedestrianoriented local retail centre, with an increasing focus on the tourist market. New Commercial development should first examine the Central Business District Area as a viable location to located. C Central Business District Area The Central Business District Area shall be the focus of retail, office and employment, institutional and cultural land uses within the Gravenhurst Urban Centre. Higher density residential development is encouraged in the Central Business District Area provided that ground floor uses on Muskoka Road 18, Bay Street and the immediately adjacent side streets remain commercial. Notwithstanding the above, Council may permit medium and high density residential uses without commercial component in the Central Business District Area where the residential development is designed to enhance the physical character of the Central Business District Area and will support 34

35 existing retail and service uses by ensuring a permanent residential community in the Central Business District Area. Medium and high density residential uses area also permitted in the Central Business District Area through intensification and redevelopment. Where these uses area proposed, Council shall apply the policies of C and and when reviewing proposal for these uses. Private and public off-street parking facilities should be located in strategic locations convenient to the various activity concentrations in the Central Business District Area. Council will encourage the shared use of parking areas in the Central Business District Area and may reduce parking requirements where there are opportunities of intensification and/or redevelopment. It was noted that the addition would not result in additional seating that is not already provided by the existing outdoor patio. Given the location of the restaurant in the Central Business District Area as well as the availability of on-street parking, staff are satisfied that customer parking can be accommodated on nearby streets. In addition, it should be noted that the lands contain a parking area to the front as well as the rear of the building and the number of spaces is not proposed to change. C1.7.4 Central Business District Area (cont d) In order to maximize pedestrian access and linkages between the Central Business District Area and the Urban Mixed Use Waterfront Area, Council may require access to an open space system or the conveyance of lands to serve this purpose as a condition of approval for any development or redevelopment proposal. When considering new development redevelopment, Council shall have regard for the following design elements: a) Grade and related commercial uses should face Muskoka Road South and flankage streets with generous window spaces, multiple entrances and awnings; b) Commercial development may be permitted to encroach over the street, provided the mass of the building is in proportion to the side and proposed site; c) Any commercial development shall be designed to complement the surrounding area. The use of building materials, architectural character, and landscaping that blend with the Gateway to Muskoka theme as identified in the Urban Design Guidelines Report prepared by Corbin and Goode, August 2000 shall be encouraged; d) Each building should have a distinct design. The detailed design of predominant architectural elements of adjacent building such as store entrances, door and windor details, porches and cornices should differ; e) All new structures intended for commercial use should be set back from adjacent streets a distance which will complement adjacent buildings; f) Signs shall be attractively designed and shall not be back-lit; and g) Development on Bay Street shall preserve the existing character of the area including large trees and existing building character. Parking in front yards or abutting streets shall be 35

36 discouraged, however, where necessary, significant landscape screening shall be required to buffer the proposed parking areas. Staff would suggest that the while the proposed design would be distinct, it has been designed to complement the surrounding area. The proposed design conforms to the Town of Gravenhurst Community Improvement Plan Design Guidelines. In fact, the proposed project recently received a Community Improvement Plan Grant in May for Façade grants (Front and Side). The proposed development will be subject to Site Plan Control. Through the Site Plan process, details such as building elevations, lighting and signage will be enforced. In considering the foregoing, staff are of the opinion that the application meets the intent and policies of the Town of Gravenhurst Official Plan. Zoning By-law Current Zoning: Commercial Core Zone (C-1) The proposed Minor Variance would exempt the proposed addition from Sections 6.1 and 6.2 (Off Street Parking Regulations). As the addition would replace an existing patio and no additional seating over and above the existing numbers, staff are of the opinion that the impact of the development has been established. Staff are of the opinion that impacts as a result of the additional building square footage would be acceptably minimal. Staff are of the opinion that the application conforms with the intent of the Zoning By-law. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedules RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:sf 36

37 KEY MAP WINEWOOD CENTENNIAL GEORGE ELDER Subject Property FIRST JOHN ISAAC VICTORIA PETER MUSKOKA CHURCH Metres 1:2, Minor Variance Application A/14/2017/GR CANADA INC. Lot 3, Block B, Plan 19 in thetown of Gravenhurst Text District Municipality of Muskoka Municipally known Text as 530 Muskoka Road N. Roll No

38 - ZZT Z Minor Variance SCHEDULE MAINRQR AND LOT AT O 5CALE PARKING AREA 38 Date June 9, 2017 Scale: NTS Roll No District Municipality of Muskoka in the Town of Gravenhurst Lot 3, Block B, Plan CANADA INC. Application No. A/14/2017/GR municipally known as 530 Muskoka Road N.