TOWNSHIP OF GEORGIAN BAY Minutes Committee of Adjustment Friday October 14, :00 am 99 Lone Pine Road, Port Severn Ontario

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1 TOWNSHIP OF GEORGIAN BAY Minutes Committee of Adjustment Friday October 14, :00 am 99 Lone Pine Road, Port Severn Ontario Members Present Chair Mike Ferguson Vice Chair Cynthia Douglas Members: Tom Hill Peter Koetsier Ken Albrough David Matthews Absent: Kathy Kay Staff: Gordon Dickson, Manager of Planning Anna Dankewich, Senior Planner Dana Suddaby, Planning/Septic Technical Assistant and Secretary-Treasurer Call to Order 9:05am Chair Ferguson reminded staff and the public that audio and video recording of the meeting is prohibited. Declaration of Pecuniary Interest There were no declarations of pecuniary interest Public Hearing to Consider Consent Applications B-15/16 (DELLA MORA) re: 2851 Honey Harbour Road Validation of title of a portion of the total landholding, being, Parcel 33292, Section Muskoka; Block C, Plan M71, Baxter, Georgian Bay, District Municipality of Muskoka, having property identifier No

2 Mr. Dickson provided additional information on the application. This application was a validation of title. Mr. Dickson summarized what a validation of title is. The Planning Act allows the Municipality to validate title. Mr. Dickson stated that there was a contravention to the Planning Act in 2007 and both pieces of land were not transferred which resulted in this validation of title. A validation of titles needs to have regard for three things: does it meet the Official Plan, do the lands meet the Zoning By-law and are there any zoning orders. Ms. Suddaby stated that there were two letters of correspondence received, 1 from the District of Muskoka with no objections and 1 from the applications agent, Marisa Zanini providing additional information. The applicant agent, Marisa Zanini was present and provided addition information. Ms. Zanini stated that there 2 pieces were supposed to be transferred but only 1 got transferred. Ms. Zanini expressed that there will be no changes in density or buildings it is simply a response to the technical breach in the Planning Act. No members of the public spoke. Member Koetsier asked if it was a bureaucratic error? Ms. Zanini stated that she missed one of the pieces when she was registering the property to the applicant. Member Matthews asked if from a legal stand point if anyone could claim the piece that was missed? Ms. Zanini stated that they could not since the piece was still in the applicants name. There is no change in ownership and no one else can have the property. COA Albrough/Koetsier BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Consent Application B-15/16 for 2851 Honey Harbour Road for the validation of title of a portion of the total landholding, being, Parcel 33292, Section Muskoka; Block C, Plan M71, Baxter, Georgian Bay, District Municipality of Muskoka, having property identifier No CARRIED

3 B-17/16 (ABELA) re: 1416 & 1422 Lost Channel Shore To facilitate a lot boundary adjustment. Ms. Dankewich provided additional information on the application. Ms. Dankewich noted that the building was built without a permit (BWOP) in 2015 and the applicant is working to rectify the building and comply. Ms. Suddaby noted that 1 letter of correspondence was received from the District of Muskoka with no objections. The applicant was not present. No members of the public spoke. Councilor Douglas asked a question of clarification on the ownership of the properties. Ms. Dankewich confirmed it is the same owner of both. Member Matthews asked whether the building will still encroach. Ms. Dankewich confirmed it would meet the 5 metre setback. Chair Ferguson asked questions on undersized lot frontage. Ms. Dankewich confirmed that the benefitting lot will still be undersized but the retained property will meet lot area but the frontage may be short 2 metres, the owner will confirm the frontage. Ms. Dankewich expressed that staff are comfortable with that since the building won t impede however they will still need a Minor Variance. (unless the applicant confirms that they meet the minimum required lot frontage) Motion Read Member Albrough questioned why the applicant was brought forward before confirmation of the size of the retained lands. Mr. Dickson expressed that through the determination of staff the applicant had two options to effectively fix the encroachment. 1: take less of a severed piece and maintain the frontage and have a lesser side yard setback. 2. The option in the meeting today. Staff decided that fixing the side yard setback was paramount over the lesser frontage. There would be no negative impacts. Mr. Albrough asked a supplementary question on whether or not the applicant could remove the addition. Mr. Dickson

4 stated that since it was a BWOP they could however, the applicant wants to comply and maintain the addition. Member Hill stated the applicant was encroaching on himself. Ms. Dankewich confirmed that was true however the request came through a building permit with an order to comply. Member Hill asked whether merging the properties would legalize them. Mr. Dickson stated that it would not and the lots would become legal non-complying which would result in further planning applications. The best option for this situation was through the Committee of Adjustment. Member Koetsier expressed concerns about approving an application that forces an addition application. Mr. Dickson stated that the minor variance is contingent on surveyor information and it is not uncommon to have a minor variance as a condition of consent. COA Koetsier/Albrough BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Consent Application B-17/16 for 1416 & 1422 Lost Channel Shore for consent to land severance to facilitate a lot boundary adjustment related to the subject lands, subject to the following: 1. Deeds for the lot boundary adjustment are submitted to the Secretary Treasurer, along with a registered copy of the survey plan. 2. A complete set of digital drawing files of the reference plan shall be provided to the Township of Georgian Bay. 3. That Section 50(3) of the Planning Act is applied to all future transactions involving the subject lands. 4. That the Applicant confirm the lot area and frontage measurements for lands municipally known as 1422 Lost Channel Shore (proposed retained lands) to confirm that lot area and lot frontage comply with Zoning By-law 14-75, and receive approval, by the Township of Georgian Bay Committee of Adjustment for a minor variance if the lot area or frontage do not comply with applicable zoning. 5. Satisfy all building permit requirements and comply with the Building Code Act. CARRIED

5 Public Hearing to Consider Minor Variance Applications A-31/16 (JELINEK) re: 966 Hungry Bay Road To permit an increase in the maximum permitted building height of a detached garage with an upper level sleeping cabin; to permit a sleeping cabin on a lot with less than 0.3 hectares in lot area; and, to increase the maximum permitted lot coverage (of lot area within 60.0 metres of the high water mark), to facilitate the construction of a detached garage. Mr. Dickson provided addition information on the application. Mr. Dickson identified the other structures that existed on the property. The minor variance for lot coverage for 0.44% but if the current sleeping cabin is removed they will be under lot coverage. The increase in height for the garage is for a sleeping area which is only permitted in a 1.5 storey detached garage. The issue is that it is a full floor in a detached garage which is not permitted. On a lot that is less than 0.3 hectres a sleeping cabin is not permitted. Staff have noted that the lot is undersized and in addition to an increase in lot coverage they have asked for a sleeping cabin which leads to the over development of an undersized lot and a sleeping cabin which is not permitted. Staff have noted there are additional development rights for the applicant to expand the existing sleeping cabin. Staff have recommended denial. Ms. Suddaby stated that there was one letter of objection received from Brian Ingham. The applicant, Mike Jelinek was present and provided addition information. Mr. Jelinek stated that he wanted to combine the sleeping cabin into the garage to minimize development. He expressed that an A-Frame cottage leaves limited space and wants additional guest corridors without having to tear down the cottage. No members of the public spoke. The members expressed their concerns with the height of the garage and the view for the neighbours.

6 Chair Ferguson stated that the best option would be to expand the existing sleeping cabin. COA Albrough/Koetsier BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Minor Variance Application A-31/16 to Zoning Bylaw 14-75, as amended, for 966 Hungry Bay Road to permit an increase in the maximum permitted building height of a detached garage with an upper level sleeping cabin; to permit a sleeping cabin on a lot with less than 0.3 hectares in lot area; and, to increase the maximum permitted lot coverage (of lot area within 60.0 metres of the high water mark), to facilitate the construction of a detached garage, subject to the following: a) THAT approval of this variance is granted and fixed to the subject site plan, extent, location, scale and use contemplated in the application; b) THAT a Site Plan Control Approval application be submitted, and approved, and that a Site Plan Agreement be executed, detailing the proposed development, in the manner prescribed by the applicable policies of the Township of Georgian Bay Official Plan as they relate to the administration of Site Plan Control; c) THAT approval of this variance expires three years from the date of decision if building permits have not been issued for the approved structure; d) THAT the applicant apply for and be granted a demolition permit to remove the existing sleeping cabin (12.52 m2), as identified on the submitted site plan. DEFEATED

7 A-32/16 (HUESON) re: 332 King's Farm Road To permit a reduction in the minimum required front yard setback; a reduction in the minimum required interior side yard setback; a reduction to the setback of an accessory building to the main dwelling; and, an increase in the maximum permitted lot coverage of a dwelling within the Shoreline Residential Type One (SR1) Zone to facilitate the construction of a new dwelling on an existing parcel of land. Ms. Dankewich provided additional information on the application. The applicant is proposing an addition to an existing dwelling. As a condition they have to submit a tree planting plan to provide additional buffering from the neighbours. Ms. Suddaby stated that 5 letters of correspondence were received: 2 in support from Detlef Jannsen, Beverly Sharp, Steve Weinstein and Bruce Phillips and 1 in objection from Zygfryd Kaszuba. Applicant David Hueson was present and provided additional comments. Mr. Huesn stated that the structure in the back of the property is his neighbours but they had put it on the Hueson s property so that was calculated into lot coverage. Mr. Hueson has no intention in exceeding the permitted lot coverage. Mr. Hueson stated that the proposed location is the most appropriate because if it is moved it will be directly behind the boathouse. One member of the public spoke, Zygfryd Kaszuba, and expressed his concerns with the setback from the property line and wants it moved over 10 feet. Mr. Kaszuba also expressed his concerns about the height. Member Hill expressed his concern for the height and size of the development and stated there was a lot of area for the proposed development and a change to the side yard setback could be beneficial. Member Albrough stated there were no reasons that that development couldn t be moved further north. Motion to defer brought forward by the Committee.

8 COA Koetsier/Albrough BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Minor Variance A-32/16 to Zoning By-law No , as amended, for 332 King's Farm Road to permit a reduction in the minimum required front yard setback; a reduction in the minimum required interior side yard setback; a reduction to the setback of an accessory building to the main dwelling; and, an increase in the maximum permitted lot coverage of a dwelling within the Shoreline Residential Type One (SR1) Zone to facilitate the construction of a new dwelling on an existing parcel of land, subject to the following: a) THAT approval of this variance is granted and fixed to the subject site plan, extent, location, scale and use contemplated in the application; b) THAT a Site Plan Control Approval application be submitted, and approved, and that a Site Plan Agreement be executed, detailing the proposed development, in the manner prescribed by the applicable policies of the Township of Georgian Bay Official Plan as they relate to the administration of Site Plan Control; c) THAT approval of this variance expires three years from the date of decision if building permits have not been issued for the approved structure; d) THAT a tree preservation/planting plan be prepared and submitted, to the satisfaction of Township of Georgian Bay Planning Department staff, illustrating the location, species/type and number of trees to be removed, relocated and/or planted; e) THAT the applicant apply and be approved for a demolition permit related to the existing dwelling prior to the issuance of a building permit for the proposed dwelling. DEFERRED Break 10:50am Re-adjourn: 11:00am

9 A-33/16 (HARGRAVE) re: 93 Peninsula Trail To permit a reduction in the minimum required lot area of an existing legal non-complying (undersized) parcel from 4,006 m2 to 2578 m2, to increase the permitted lot coverage to 11.6% where 10% is permitted, and to permit a side yard setback of 1.0 metre where 5.0 metres is required, all within the Shoreline Residential Type One (SR1) Zone. Ms. Dankewich provided additional information on the application. The application for minor variance was a condition of consent from the August Committee of Adjustment Meeting. Ms. Suddaby stated that no correspondence was received. No members of the public spoke. No comments were given by the Committee. COA Albrough/Koetsier BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Minor Variance Application A-33/16 to Zoning Bylaw No , as amended, for 93 Peninsula Trail to permit a reduction in the minimum required lot area of an existing legal non-complying (undersized) parcel from 4,006 m2 to 2578 m2, to increase the permitted lot coverage to 11.6% where 10% is permitted, and to permit a side yard setback of 1.0 metre where 5.0 metres is required, all within the Shoreline Residential Type One (SR1) Zone, subject to the following: a) THAT approval of this variance is granted and fixed to the subject site plan, extent, location, scale and use contemplated in the application; and, b) THAT a Site Plan Control Approval application be submitted, and approved, and that a Site Plan Agreement be executed, detailing the existing development, in the manner prescribed by the applicable policies of the Township of Georgian Bay Official Plan as they relate to the administration of Site Plan Control. CARRIED

10 A-34/16 (PROSSER) re: 122 Sugar Loaf Lane To permit a reduction in the minimum required front yard setback; a reduction in the minimum required rear yard setback; an increase in the maximum permitted width of a dwelling; and, an increase in lot coverage of a dwelling within the Six Mile Lake Residential (SR6) Zone to facilitate the demolition of an existing dwelling and construction of a new dwelling on an existing parcel of land. Ms. Dankewich provided additional information on the application. The application seeks to demolish an old cottage and build a new one. The parcel of land is irregular in shape and has an undersized frontage. Ms. Suddaby stated that 4 letters of correspondence were received all in support of the application from Nancy and Brian Braum, Eileen and Brian Eves, Gary Maidlow and Denise Ridley. Applicant, Kyle Prosser was present along with Agent Chris Brommet and Land Use Planner Celeste Phillips. Mr. Brommet stated that it is an irregular property and the proposed location is most appropriate given the topography and layout of mature trees. Member Koetsier asked a question of clarification on dwelling width. Chair Ferguson asked a question of clarification on lot line. Ms. Phillips stated that by definition the property has a strange rear yard but it is not functionally a rear yard. COA Koetsier/Albrough BE IT RESOLVED that the Township of Georgian Bay Committee of Adjustment approves Minor Variance Application A-34/16 to Zoning Bylaw No , as amended, for 122 Sugar Loaf Lane to permit a reduction in the minimum required front yard setback; a reduction in the minimum required rear yard setback; an increase in the maximum permitted width of a dwelling; and, an increase in lot coverage of a dwelling within the Six Mile Lake Residential (SR6) Zone to facilitate the demolition of an existing dwelling and construction of a new dwelling on an existing parcel of land, subject to the following:

11 a) THAT approval of this variance is granted and fixed to the subject site plan, extent, location, scale and use contemplated in the application; b) THAT a Site Plan Control Approval application be submitted, and approved, and that a Site Plan Agreement be executed, detailing the proposed development, in the manner prescribed by the applicable policies of the Township of Georgian Bay Official Plan as they relate to the administration of Site Plan Control; c) THAT approval of this variance expires three years from the date of decision if building permits have not been issued for the approved structure; d) THAT a tree preservation/planting plan be prepared and submitted, to the satisfaction of Township of Georgian Bay Planning Department staff, illustrating the location, species/type and number of trees to be removed, relocated and/or planted, to ensure that the proposed buffering identified in the application submission materials (i.e. survey plan) is consistent with post-development conditions with respect to visual impact; e) THAT the applicant apply and be approved for a demolition permit related to the existing dwelling prior to the issuance of a building permit for the proposed dwelling. CARRIED Break: 11:35 Re-adjourn: 11:40 Applications not Subject to a Public Meeting Education The Committee asked whether the applicants know the recommendation of staff prior to the meeting. Staff stated that at the pre-consultation meeting without a site visit it is hard to say what the recommendation will be. However, the report is available to the applicant to read on the Tuesday prior to the meeting. The Township s role is to review the application and advice them on the applicable zoning and official plan policies. We are not in the business of amending the application when it comes in or when it is in process. We represent the public interest and provide the COA with the policies of the Zoning

12 By-law. The assessment in the planning report is whether it is minor or not and if it is reasonable. The applicant is notified 20 days prior to the meeting. Once the application is in, we provide the best information that we can at that time. The applicant is not aware of the decision early on since it can lead to lobbying. Roles of Staff and Committee Approve Minutes of Previous Meeting COA Albrough/Koetsier BE IT RESOLVED that the Committee of Adjustment approves the revised minutes of the September 16, 2016 meeting as circulated. CARRIED Adjournment COA Koetsier/Albrough BE IT RESOLVED that the Committee of Adjustment does now adjourn at 12:25pm until Friday November 18, 2016 at 9:00a.m. or at the call of the Chair. CARRIED