Date: February 15 th, Based on the analysis contained below, Development Services staff recommends:

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1 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Kris Orsan, GIS/Planning Technician Subject: A/30/2018/GR; ZIVE, Dorothy 1029 Road 2900 (Lake Muskoka) RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Minor Variance Application A/30/2018/GR be approved conditional upon the owner entering into a Site Plan Agreement with the Town of Gravenhurst for retention of shoreline vegetation. The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/30/2018/GR. The applicant is recognizing a deficiency to existing structures on the property that are noncomplying and requesting a decrease to the easterly side yard setback for a dock, shed, decking and staircase, a decrease to the required shoreline buffer area, and increase to the permitted maximum shoreline development area as shown on the attached sketch dated February 8th, If approved, the variance would permit: A reduction to the easterly side yard setback to 3.0 metres for existing stairs and landing structures A reduction of the easterly side yard setback to 1.8 metres for an existing shed A reduction of the easterly side yard setback to 2.4 metres for and existing dock An increase to the maximum shoreline development for the property to 89.0 square metres, instead of the required 69.0 square metres; and A decrease to the shoreline buffer of 40.0% instead of the required 75.0%. A location map and sketch are attached.

2 PROPERTY INFORMATION a) Lot Dimensions Lot Area: ± 0.6 hectares Lot Frontage: 22.0 metres b) Servicing Private water supply and private sewage system. c) Access Privately maintained road: Chipmunk Lane d) Fish Habitat The property is located adjacent to an unclassified fish habitat. e) Site Inspection and Characteristics A site inspection was conducted on February 1 st, 2019 by Angela Ghikadis & Kris Orsan The property is located on Turtle Lake with existing structures on the property which include a Dwelling (cottage) with Decks, a shed, Decking and Stairs leading to the water and Dock. The property is generally flat with areas of mature vegetation, sandy beach shoreline, and grassed areas. f) Surrounding Land Uses Surrounding uses are Residential Waterfront. Neighbouring properties appear similar to the subject property with respect to vegetation, slopes, and building setbacks from the water. g) Shore Road Allowance Not applicable. ANALYSIS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.

3 a) Provincial Policy Statement For the purposes of the Provincial Policy Statement (PPS), waterfront areas such as this are considered Rural Areas and Sections and describe how rural areas are important to the economic success of the Province and our quality of life, and note that permitted uses include recreational dwelling. A Dock, Shed and Deck would be considered an accessory use. It is staff s opinion the application is consistent with the Provincial Policy Statement. b) Official Plan Policies The property is designated Waterfront 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. Section D11 addresses the preservation of vegetation and the provision of shoreline setbacks. Section D11.2 states that primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. Where the 30 metre setback cannot be met, e.g. for redevelopment of existing properties, where site characteristics preclude meeting the setback, where sufficient lot depth is not available, or where there are terrain or site constraints, the setback shall be as large as practical, provided the existing setback is not further reduced, and a net improvement in vegetation coverage can be achieved. The minor variance is to address the recent reconstruction of non-complying structures on the property which is over the allowable shoreline development coverage area and therefore no further structures are permitted within this area. Section D11.3 states in part that as a condition of development, restoration of the natural vegetation and shoreline characteristics may be required. Prior to the issuance of a Building Permit the applicant will be required to enter into a Site Plan Agreement with the Town which will address vegetation retention.

4 It is staff s opinion that through the use of a Site Plan Agreement to address vegetation retention the site plan will maintain the intent of the Official Plan. c) Zoning By-law Current Zoning: Residential Waterfront (RW-6) The proposed minor variance would permit the following; A reduction to the easterly side yard setback to 3.0 metres for existing stairs and landing structures A reduction of the easterly side yard setback to 1.8 metres for an existing shed A reduction of the easterly side yard setback to 2.4 metres for and existing dock An increase to the maximum shoreline development for the property to 89.0 square metres, instead of the required 69.0 square metres; and A decrease to the shoreline buffer of 40.0% instead of the required 75.0%. The intention of the minimum 75.0% of the area of land 20.0 metres wide abutting and running parallel to the Optimal Summer Water Level is to contain a Shoreline Buffer. Although the shoreline buffer is decreased to 40.0% instead of the required 75.0%, it is staff s opinion the use of a Site Plan Agreement to address vegetation retention will maintain the intent of the Zoning By-law. COMMUNICATIONS Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, 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. To date, the following comments have been received: Deputy Chief Building Official/Plans Examiner No objection Parks and Trails Technician No objection

5 Fire Department No objection subject to access to buildings being provided in accordance with the Ontario Building Code. It is also noted that the Department primarily relies on volunteers which results in variable response times and firefighter availability. ATTACHMENTS 1. Attachment A Key Map 2. Attachment B Schedule RESPECTFULLY SUBMITTED BY: Administrator: Wanda Speicher Author: Kris Orsan, GIS/Planning Technician Approved by: Katie Kirton, Manager of Planning Services