Page 1 1. CALL TO ORDER Acting Committee Chair W. Moore called the meeting to order at 5:35 p.m. and the following were recorded as being present. Committee Members: Staff: Committee Member, K. Parlett (absent) Committee Member, W. Moore (Acting Chairperson) Committee Member, A. Taylor (absent) Committee Member L. Lynn (Alternate) Secretary-Treasurer, M. Holmes 2. DECLARATIONS OF PECUNIARY INTEREST 3. CONFIRMATION OF MINUTES FROM JANUARY 14, 2013 MEETINGS Moved by: Seconded by: Committee Member, L. Lynn Committee Member, W. Moore That the Minutes of January 14, 2013 be approved. 4. MINOR VARIANCE PUBLIC HEARINGS 4.1 A/01/13 by Kris and Paula King for Part of Lot 13, Concession 7, Draper Ward of the Town of Bracebridge being Parts 1 to 3 of Plan 35R-18009: The applicants are requesting relief from Section 3.2.3.1 of By-law 2006-120, as amended, which requires a maximum height of 9 metres (29.52 feet) in the Shoreline Residential Type 1 (SR1) Zone, to allow a dwelling to have a height of 10.5 metres (34.45 feet), a variance of 1.5 metres (4.93 feet). The height is measured from the average finished grade at the front of the dwelling to the midpoint between the eave and the peak of the roof. The subject lands are located at 1252 Matthiasville Road. Committee examined photographs, an aerial map, a building elevation and a site plan of the subject lands. No one attended on this application.
Page 2 Committee member Lynda Lynn questioned the height of the peak of the dwelling. The Committee was informed that the peak was 40 feet 9 inches based on the building elevation submitted with the application. Committee member Lynda Lynn questioned whether the dwelling could be seen from the road. The Committee was informed that the dwelling can currently be seen from the road through the trees, however once the leaves were on the trees it would likely not be seen from the road. LYNDA LYNN, WAYNE MOORE: THAT Application A/01/13 be APPROVED to allow a dwelling to have a height of 10.5 metres (34.45 feet), a variance of 1.5 metres (4.93 feet). neighbouring property owners. The application is appropriate, as the structures will be well buffered from the river and neighbouring properties. The application meets the intent of the Zoning By-Law, as the development is in scale with the property and surrounding environment. The application meets the intent of the Official Plan, as the uses are permitted in the Waterfront designation. 4.2 A/02/13 by William and Cheryl Pritchard for Lot 81 of Plan 2, Bracebridge Ward of the Town of Bracebridge: The applicants are requesting relief from Section 3.2.3.1 of By-law 2006-120, as amended, which requires a minimum rear yard setback of 7.5 metres (24.6 feet) in the Residential Type 1 (R1) Zone, to allow a rear yard setback of 7.16 metres (23.5 feet), a variance of 0.34 metres (1.1 feet). The applicants are also requesting relief from Section 3.2.3.1 of By-law 2006-120, as amended, which requires maximum lot coverage of 30% in the Residential Type 1 (R1) Zone, to allow a lot coverage of 31.7%, a variance of 1.7%. The subject lands are located at 203 James Street. Committee examined photographs, an aerial map, and a site plan of the subject lands. William and Cheryl Pritchard, applicants, attended on behalf of this application.
Page 3 Mrs. Pritchard stated that the addition on the dwelling was constructed in 1992. She indicated the addition was constructed to replace a larger structure that was right against the rear lot line. She indicated that there was miscommunication between the person that removed the old structure and the builder of the new structure, as a one foot section was needed to connect the addition to the dwelling, which created the encroachment on the rear yard setback. Committee member Wayne Moore questioned when the applicants became aware of the encroachment on the rear yard setback. Mr. Larson stated that they were aware of the encroachment once the survey was completed. Committee member Wayne Moore questioned why the applicants were applying for a variance at this time. Mr. Larson stated that they were considering selling their property in the spring and wanted to ensure that everything was in order on the property. LYNDA LYNN, WAYNE MOORE: THAT Application A/02/13 be APPROVED to allow a rear yard setback of 7.16 metres (23.5 feet), a variance of 0.34 metres (1.1 feet) and to allow a lot coverage of 31.7%, a variance of 1.7%. neighbouring property owners. The application is appropriate, as the structure will be in character with the area. The application meets the intent of the Zoning By-Law, as the structure has been in existence since 1992 and has not caused any compatible issues. The application meets the intent of the Official Plan, as the uses are permitted in the Mixed Use designation. 4.3 A/03/13 by Mark Larson for Part of Lot 26, Concession 8, Oakley Ward of the Town of Bracebridge being Part 5 of Plan RD-1058: The applicants are requesting relief from Section 4.8 (iv) of By-law 2006-120, as amended, which requires the enlargement of a legal non-complying building, which cannot meet the front yard setbacks of the zone, to have a maximum enlargement of the lesser of fifty (50) percent of the original floor area of the legal non-complying building or 92.9 square metres (1,000 square feet), to allow a legal non-complying dwelling with a total floor area of 156.1 square metres (1,680.25 square feet), to be enlarged by 123.9 square metres (1,334 square feet) or 79.4 %, a variance of 45.9 square metres (493. 5 square feet) or 29.4%. The applicants are also requesting relief from Section 4.8 (v) of By-law 2006-120, as amended, which requires the height of a legal non-complying building to not be increased unless the increased height portion of the legal non-complying building meets the setbacks for the zone, which it is located, to allow the height of a legal non-complying dwelling to be increased from 5.64 metres (18.5 feet) to 7.93 metres (26 feet), a variance of 2.29 metres (7.5 feet). The subject lands are located at 1103 Merrick Drive Private.
Page 4 Committee examined photographs, an aerial map, and a site plan of the subject lands. Mark and Elaine Larson, applicant, attended on behalf of this application. Gary Clark, agent, also attended on this application. Mr. Larson stated they currently live in town and they have a family cottage on Wood Lake, being the subject lands. He indicated that his father passed away a year and a half ago and that he and his sister had inherited the family cottage. He also stated that he has since purchased his sister s half of the family cottage. He indicated that they were planning to move out to the cottage and need to make it four seasons. He also stated that the proposed conversion of the cottage would include the installation of a utility room and a dining room. Mr. Larson stated that the purpose of the height increase was to allow 8 foot ceilings in the dining room and have enough room in the loft to stand up. He stated that the loft area would have only five and a half foot walls and the area would be used for a pool table. He also indicated that the height increase would only be for the addition. Mr. Larson stated that he wanted to amend the numbers indicated in the application as the agent did not take into account that part of the existing cottage would be demolished. He stated that the current cottage is 1,630 square feet plus a 140 square foot loft, for a total floor area of 1,770 square feet. He stated that after the addition the cottage would be 2,879 square feet for a variance of 13%. Committee member Wayne Moore questioned whether the septic system has been verified by the Town to accommodate the addition. Mr. Larson stated that the Town has verified that the existing septic is suitable, as one bedroom was to be removed. He indicated that the septic was installed in 2001. Committee member Lynda Lynn questioned the impact the addition would have on the lake. Mr. Larson stated that they would be moving the dwelling back 4 feet, being the portion that encroached on the shore road allowance. He stated that there should be no additional impact on the lake and that the dwelling would have the same visual effect from the lake as it would be almost the same width as the existing dwelling. LYNDA LYNN, WAYNE MOORE: THAT Application A/03/13 be APPROVED to allow a legal non-complying dwelling with a total floor area of 164.4 square metres (1,770 square feet), to be enlarged by 103.1 square metres (1,109 square feet) or 63 %, a variance of 20.8 square metres (224 square feet) or 13% and APPROVED to allow the height of a legal non-complying dwelling to be increased from 5.64 metres (18.5 feet) to 7.93 metres (26 feet), a variance of 2.29 metres (7.5 feet).
Page 5 neighbouring property owners. The application is appropriate, as the structure will be in character with the area. The application meets the intent of the Zoning By-Law, as the addition will not reduce the current setback and the height of the peak will only be increased by less than 1 metre. The application meets the intent of the Official Plan, as the uses are permitted in the Waterfront designation. 5. CORRESPONDENCE 6. OTHER BUSINESS 7. ADJOURN The meeting was adjourned by the Chair at 6:10 p.m. The next regular meeting for the Committee of Adjustment for Minor Variances will be held on March 18, 2013. Acting Chair Secretary-Treasurer