Page 1 1. CALL TO ORDER Committee Chair M. Fitton called the meeting to order at 7:00 p.m. and the following were recorded as being present. Committee Members: Staff: Committee Chair, M. Fitton Committee Member, B. Howden Committee Member, D. Lenaghan Committee Member, R. Maloney Committee Member, B. McMurray Acting Director of Development Services, D. Rahkola Planning Technician, S. McCormick 2. DECLARATIONS OF PECUNIARY INTEREST Nil. 3. CONFIRMATION OF MINUTES FROM THE SEPTEMBER 11, 2012 MEETING Moved by: Seconded by: Committee Member, D. Lenaghan Committee Member, B. McMurray That the Minutes of September 11, 2012 be approved. 4. CONSENT PUBLIC HEARINGS The Acting Secretary-Treasurer indicated all notices have been sent out as required by the Planning Act. 4.1 B/22/12/BR and B/23/12/BR by Ian Pyper for Part of Lot 84 of Registrar s Compiled Plan 515, Muskoka North Ward of the town of Bracebridge being Parts 1 and 2 of Plan 35R-12572 (Coleman Road Pvt.) The severance applications would create rights of way over Part of Lot 84 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge being Parts 1 and 2 of Plan 35R-12572. The subject lands are approximately 0.32 hectares (0.78 acres) with approximately 39.37 metres (120 feet) of frontage on Lake Muskoka and 25.3 metres (83 feet) of frontage on Coleman Road Private. The subject lands currently contain a seasonal dwelling and no further development is proposed. The right of way is known as Coleman Road Private. The right of way from application B/22/12/BR, is for the purpose of access to a lot to the south, being Part of Lot 84 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge being Part 1 of Plan 35R- 8090 and Parts 5 and 6 of Plan 35R-12508. The right of way from application B/23/12/BR, is also for the purpose of access to a lot to the south, being Part of Lot 83 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge. The subject properties are located within the Waterfront designation of the Town of Bracebridge Official Plan.
Page 2 The Waterfront designation is generally defined as those lands extending inland 150 metres (492 feet) from any standing waterbody greater than 8 hectares (19.8 acres). The uses permitted in the Waterfront designation include single detached residential dwellings, open space and marine related commercial uses including some major tourist commercial and marina establishments. The application conforms with the general intent of the Town of Bracebridge Official Plan. The retained lands and the benefiting lands B/22/12/BR are zoned Shoreline Residential Type 4 (SR1-4) and benefiting lands B/23/12/BR are zoned Shoreline Residential Type 1 (SR1) according to Bylaw 2006-120 of the Town of Bracebridge. The Shoreline Residential zone requires.4 hectares (.99 acre) in area and 60 metres (196.85 feet) of frontage. The SR1-4 zone recognizes larger sleeping cabins at a certain setback. The retained and benefiting lands are existing lots of record. The lands to the south of the subject lands are the benefiting lands for the right-of-way. The proposal meets the requirements of Bylaw 2006-120. Comments received from the Town of Bracebridge Chief Building Official indicate no concerns with the proposed consent application. Comments received from the District Municipality of Muskoka indicate they have no objection to the consent application. Comments received from the Public Works Department indicate no concerns with this application. Committee questioned if application had been received for a right of way over the Breckles lands and an application is expected in the near future. Committee questioned if the existing right of way goes around the turning circle and it was noted that this is cleaning up something historical and the road is not a new access road. The Chair read the 2 nd last paragraph on page 4 of the minutes from the November 22 nd, 2011 minutes pertaining to Mr. Nick Roche and his comments regarding the number of applications coming forth on the previous application pertaining to this right of way made by Friesen Ellis and Dick. Mr. Nick Roche, solicitor and agent for the applicants, Pyper and Abbott, addressed the Committee and confirmed the comments from the November 22 nd meeting were correct and this has taken some time due to the Abbott property having 6 owners. They are currently negotiating with the Breckles and hopefully by the end of the year the application would be submitted. Committee questioned the width of the right of way and were advised it is proposed at 20 feet. Town staff would recommend approval of this consent application with conditions, including a registrable description and a complete set of digital drawings. R. Maloney, B. Howden: That provisional consent be granted on File B/22/12/BR and B/23/12/BR by Ian Pyper subject to the following conditions:
Page 3 1. A registrable description of the severed lands (right of way) be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan. 2. A complete set of digital drawing files of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town, if available. 3. That together with the electronic format of the Transfer/Deed of Land, a copy of the signed acknowledgment and direction document with original signatures be provided to the Development Services Department along with a draft copy of the Transfer and a separate schedule with property description with applicable fee. This Schedule is to be stamped with the Committee s consent and registered as an attachment to the electronic transfer documents. REASONS: The application complies with the Official Plans of the Town of Bracebridge and the District Municipality of Muskoka, the Town Zoning By-law and a plan of subdivision is not necessary for the application. 4.2 B/24/12/BR by Mark Abbott et al for Lot 82 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge (Coleman Road Pvt.) The severance application would create a right of way over Lot 82 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge. The subject lands are approximately 0.49 hectares (1.2 acres) with approximately 91.44 metres (300 feet) of frontage on Lake Muskoka and 5.5 metres (18 feet) of frontage on Coleman Road Private. The subject lands currently contain a seasonal dwelling and no further development is proposed. The right of way is known as Coleman Road Private. The right of way is for the purpose of access to a lot to the south, being Part of Lot 83 of Registrar s Compiled Plan 515, Muskoka North Ward of the Town of Bracebridge. The subject properties are located within the Waterfront designation of the Town of Bracebridge Official Plan. The Waterfront designation is generally defined as those lands extending inland 150 metres (492 feet) from any standing waterbody greater than 8 hectares (19.8 acres). The uses permitted in the Waterfront designation include single detached residential dwellings, open space and marine related commercial uses including some major tourist commercial and marina establishments. The application conforms with the general intent of the Town of Bracebridge Official Plan. The retained lands and benefiting lands are zoned Shoreline Residential Type 1 (SR1) according to Bylaw 2006-120 of the Town of Bracebridge. The Shoreline Residential Type 1 zone requires.4 hectares (.99 acre) in area and 60 metres (196.85 feet) of frontage. The benefiting lands is an existing lot of record and the retained lands meet the requirements of Zoning By-law 2006-120. The lands to the south of the subject lands are the benefiting lands for the right-of-way. The proposal meets the requirements of By-law 2006-120. Comments received from the Town of Bracebridge Chief Building Official indicate no concerns with the proposed consent application.
Page 4 Comments received from the District Municipality of Muskoka indicate they have no objection to the consent application. Comments received from the Public Works Department indicate no concerns with this application The comments noted by Committee and Mr. Nick Roche from the previous application apply to this application due to both applications pertaining to the right of way over Coleman Road. Town staff would recommend approval of this consent application with conditions, including a registrable description and a complete set of digital drawings. R. Maloney, D. Lenaghan: That provisional consent be granted on File B/24/12/BR by Mark Abbott subject to the following conditions: 1. A registrable description of the severed lands (right of way) be submitted to the Secretary-Treasurer, along with a registered copy of the reference plan. 2. A complete set of digital drawing files of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town, if available. 3. That together with the electronic format of the Transfer/Deed of Land, a copy of the signed acknowledgment and direction document with original signatures be provided to the Development Services Department along with a draft copy of the Transfer and a separate schedule with property description with applicable fee. This Schedule is to be stamped with the Committee s consent and registered as an attachment to the electronic transfer documents. REASONS: The application complies with the Official Plans of the Town of Bracebridge and the District Municipality of Muskoka, the Town Zoning By-law and a plan of subdivision is not necessary for the application. 5. ONGOING BUSINESS 5.1 B/12/10/BR by John Knowlton for Part of Lot 31, Concession 5, Draper Ward of the Town of Bracebridge being Part 1 of Plan 35R-8157 (1082 Prospect Lake Road) Committee member, Brian Howden questioned if he should vote due to him not attending at the public meeting and was advised that since all of the information at the Public Meeting will be reviewed, all members could vote on the application. The Public Hearing for this application was held on April 13, 2010 and was deferred in order to allow the applicant time to satisfy conditions of the Ministry of Transportation. Committee was advised that three applications, B/09/10/11/10/BR have been approved for the right of way and B/12/10/BR for the creation of the lot has been deferred.
Page 5 The applicant has been attempting to get his access permit with MTO changed from a single user to a multiple-use, shared residential entrance permit, with no success. The applicant is now pursuing finding a parking space by the public boat launch along Prospect Lake in order to have the water access needed for the severance application. Mr. Knowlton is still investigating this option and would ask that his application remain open. Committee considered how long the file should be kept open and Mr. recommended another year and then bring the matter back for decision. Rahkola Currently only one proposed lot would have approval from the Ministry of Transportation for access off Hwy. 118 East. Committee was advised that there is a Town owned boat launch, however, no overnight parking. The applicant would have to address this with Public Works. The launch area is currently on shore road allowance and the public currently has access. Committee questioned why the MTO is fairly stringent on this as two cars could attend one lot or two lots. The use of the right of way would be difficult to govern, however, and the owners of the property the access crosses could deny access. Committee cannot create a lot without access. Staff advised that the criteria to create lots are one acre in area, 200 feet of frontage and have to have water access, public road or private road access. Currently there is no policy for how parking/boat launching is established. Committee would like to see confirmation by the applicant that he has the access secured and a designated spot from a boat launch with confirmation in writing. It was noted that the application has been outstanding for 2 ½ years. Town staff would recommend a continued deferral of this consent application to allow the applicant a further 12 month period to establish access to the proposed severed lot and no further deferral will be allowed. R. Maloney, D. Lenaghan: That consent application be deferred for 12 months from the date of the Committee meeting to allow the applicant time to establish access to the proposed severed lot and no further deferral will be allowed.
Page 6 5.2 B/31/10/BR by Susan Gail Jackson for Part of Lot 26, Concession 13, Draper Ward of the Town of Bracebridge being Parts 1, 2 and 3 of Plan 35R-7565 (1037 Rainbow Lane Pvt.) This matter was considered at a Public Hearing on November 9, 2010, and deferred to enable the applicant to address a number of issues, as recorded in the Minutes of the Committee. Since the date of the deferral, no further information has been provided to the Committee to address the outstanding issues. Correspondence with the solicitor and agent for the applicant, Brian Jacques, states that he believes the property has been sold to a family member and he has no further instructions to continue with this application and it should be closed. The Committee does not leave deferred applications pending indefinitely. The applicant has been notified of the Committee s intent to deal with the application at this meeting. The Acting Secretary-Treasurer summarized the application and the outstanding issues. No one on behalf of the applicant attended the Meeting. B. McMurray, R. Maloney: That this application B/31/10/BR be refused. REASONS: This application was deferred to permit the applicant to address issues raised at the Public Hearing. Further information fully addressing those issues has not been provided, despite the passage of considerable time. The application as submitted does not meet the criteria set out in Section 51(24) of the Planning Act. 5.3 B/04/11/BR by Todd McKee for Part of Lot 2, Concession 11, Macaulay Ward of the Town of Bracebridge being Part 9 of Plan 35R-9098 (2341 Manitoba Street) This matter was considered at a Public Hearing on April 26, 2011, and deferred to enable the applicant to address a number of issues, as recorded in the Minutes of the Committee. Mr. Bart Carswell, agent for the applicant, had suggested that the Committee could approve the application and grant a consent subject to conditions for building permits to be obtained for the existing structures and the requirement to obtain an entrance permit with the District. Mr. Carswell was advised that the application has to conform to the Muskoka Official Plan before Committee can approve. The consent application was deferred in order to allow the applicant and staff to review and discuss comments with the District of Muskoka Since the date of the deferral, no further information has been provided to the Committee to address the outstanding issues. Mr. Carswell was advised at our May 2012 Meeting that the matter would not be deferred indefinitely.
Page 7 6. CORRESPONDENCE Nil. Correspondence was sent to the applicant and Mr. Bart Carswell, advising that this matter would be brought back to Committee on October 23, 2012 to be dealt with, as no further communication has been received from the applicant. The Committee does not leave deferred applications pending indefinitely. The applicant has been notified of the Committee s intent to deal with the application at this meeting. The Acting Secretary-Treasurer summarized the application and the outstanding issues. No one on behalf of the applicant attended the Meeting. B. McMurray, R. Maloney: That this application B/04/11/BR be refused. REASONS: This application was deferred to permit the applicant to address issues raised at the Public Hearing. Further information fully addressing those issues has not been provided, despite the passage of considerable time. The application as submitted does not meet the criteria set out in Section 51(24) of the Planning Act. 7. OTHER BUSINESS Committee discussed the next meeting and if any applications were forthcoming. Staff advised that they are working on a couple of past applications and Committee would be notified if the November 13 th, 2012 meeting was proceeding. It was noted that Committee would prefer to meet with a relatively full docket. The Chair advised the Committee members that Kim Horrigan, Secretary-Treasurer of the Committee of Adjustment for Consents, has resigned her position with the Town of Bracebridge. The members unanimously expressed their appreciation for all of her years of service to the Town and their thanks to Ms. Horrigan for her excellent knowledge and expertise and her dedicated service throughout her time with the Committee. 8. ADJOURN The next regular meeting for the Committee of Adjustment for Consents will be held on November 13, 2012. There being no other business, the meeting was adjourned by the Chair at 8:06 p.m. Chair Acting Secretary-Treasurer