THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY COMMITTEE OF ADJUSTMENT AUGUST 6 TH, 1999

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1 THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY COMMITTEE OF ADJUSTMENT AUGUST 6 TH, 1999 Minutes of the meeting of August 6 th, 1999 at 2:00 p.m. in the Cottage, Administration Office, Township of Georgian Bay, Port Severn, Ontario. Members Present: Mr. Bill Wilson, Chair Mr. Robert Baines Mr. Jack Lauder Mr. Art Murray Mr. Wally Berko Councillor Sandra Thwaites Councillor Larry Braid Township Staff Present: Mrs. Tracey Edwards, Secretary Treasurer Mr. David Parks, Township Planner Mr. Mike Kennedy, Mayor 1. The Chair called the meeting to order at 2:00 p.m. 2. Minutes of the meeting of July 9 th, 1999 were circulated for errors and omissions. 3. ERRORS AND OMISSIONS Seconded by Jack Lauder That the Committee of Adjustment of the Township of Georgian Bay accept the minutes of the previous meeting dated July 9 th, 1999 as circulated. 4. A17/99 - Hamish Robertson Ian MacDonald

2 the application proposes to rebuild an existing dwelling unit 7.6 metres from the front lot line, whereas Zoning By-law establishes a setback of 20 metres Mr. Parks indicated that an existing dwelling unit has been in that location since the 1940's and it faces the east side - the new dwelling unit will be in the same general location of the existing, however it will be a new structure - the cottage cannot be seen from the main channel - he recommends that the septic system be upgraded a discussion ensued regarding the existing and proposed structure Mrs. Edwards read one piece of correspondence from Mr. David Parks, Township Planner Mr. Stewart indicated that the new dwelling is proposed to be back approximately 2 feet than the existing - he added that they could renovate the existing dwelling, however, they would like to a build a new and proper building Seconded by Wally Berko That the application be approved to permit the reconstruction of an existing dwelling unit 7.6 metres from the front lot line. ii) That the requirements of any other Agency be met; iii) That a building/septic permit be obtained; and iv) That the septic system for the sleeping cabin and new dwelling be upgraded to a class 4 septic system. 5. A18/99 - Kaubi Kuri Mr. Galivan the application proposes to permit an accessory building (garage) in the front yard, whereas Zoning By-law requires that an accessory building be located in the rear or front yard Mr. Parks indicated that the property is located in the Port Severn area and is not a waterfront lot - the terrain of the property limits the location of accessory structures - he noted that the proposed garage is 13 feet from the road and that is not enough room for a car to sit in front of the garage and not be on the road Mr. Galivan indicated that the cars sticking out onto the road was his concern as well Mrs. Edwards read once piece of correspondence from Mr. David Parks, Township Planner

3 a discussion ensued regarding the location of the garage doors and the angle of the garage Moved by Sandra Thwaites Seconded by Robert Baines That the application be deferred until September 1 st, A19/99 - Josefina Castro Josefina Castro the application proposes to permit a dwelling unit (sunroom) 16 metres from the front lot line and to permit a deck 13 metres from the front lot line, whereas Zoning By-law establishes a minimum setback of 20 metres for the dwelling unit and 16 metres for the open deck Mrs. Castro indicated that they received a minor variance in 1990 to build the cottage due to the size of the island and the terrain - they are now ready to build and have had the engineered plans completed, which requires an additional setback due to the sun porch Mrs. Edwards read one piece of correspondence from Mr. David Parks, Township Planner a discussion ensued regarding the size of the porch and the lot coverage of the lot Seconded by Larry Braid That the application be approved to permit a dwelling unit, in the form of a sunroom, 16 metres from the front lot line and a deck 13 metres from the front lot line. ii) That the requirements of any other Agency be met; and iii) That a building/septic permit be obtained. 7. A20/99 - Raymond Slade Raymond Slade Cope Smith

4 the application proposes to permit a dwelling unit 2 metres from the side lot line and a lot coverage of 12%, whereas Zoning By-law establishes a minimum sideyard setback of 5 metres and a lot coverage of 7% Mr. Slade indicated that the lot was created in the original Jenmac Subdivision and he received a building permit from the Township to build in approximately he indicated that he lost his building to a fire in 1992 and has been trying to get a building permit to rebuild for 3 years - he proposes to rebuild on the same foot print and have exactly what he had before, with minor changes to the interior layout Mayor Kennedy made a presentation on the background of the non-conforming use and the problems that have happened over the years - the Committee is directed to deal with the issues of today Mr. Parks indicated that the non-conformity section in the Zoning By-law allows the Applicant to rebuild within 2 years - due to a lengthy insurance investigation and problems with the building permit, he now has to apply to the Committee - the lot was created legally by the Province in the early 1970's and is an existing lot of record Mrs. Edwards read 4 letters Mr. Cope Smith indicated that he is across the bay from the property and looks directly at the site - right now they look at half of a boat house, a trailer and a bright orange snow fence - they run a generator all day - all the neighbours in the area are upset with Mr. Slade s trailer and use of the property - they feel that it is not even close to the 2 year time frame and the request is not minor in nature Mr. Slade added that he attempted to apply for a building permit 3 years ago to no avail a discussion ensued regarding getting a temporary Ontario Hydro service Mr. Slade indicated that the Township back filled the site and contaminated the area, therefore he requires additional time to clean the site prior to construction - he proposes to use the trailer while building Ms. Thwaites inquired as to whether he submitted a plan of the building with the building permit he applied for 3 years ago - he indicated that he submitted one with the original application and felt that was all he needed and he was not informed by the Building Inspector that one was required - Ms. Thwaites indicated that the application was not complete Mr. Baines indicated that he is living in the boathouse and trailer, which contravenes our Zoning By-law, and runs a generator which contravenes our Noise By-law Mr. Wilson indicated that the lot was created in plan M-490 and had draft approval prior to the organization of the Township - the Plan made 72 lots that did not conform to the Township s standards an extensive discussion took place regarding the illegal trailer use Mrs. Edwards indicated that the 12% lot coverage takes into account the size of the boathouse today, not the size it was originally Moved by Larry Braid Seconded by Robert Baines That the application be approved to permit the reconstruction of the original dwelling that burnt down more than 2 years ago with a setback of 2 metres from the side lot line and lot coverage of 12%.

5 ii) That the requirements of any other Agency be met; iii) That a building/septic permit be obtained; iv) That a temporary Ontario Hydro service be installed and the generator be removed by September 9 th, 1999; v) That the building be complete for occupancy by October 31 st, 2000 vi) That the Chief Building Official Inspect the property monthly and report to the Committee and Council; and vii) That the living quarters in the boathouse be removed by September 6 th, Ms. Thwaites indicated that she is not voting 8. A21/99 - Mark Valiquette Mark Valiquette the application proposes to permit a dwelling unit 14 metres from the front lot line, whereas Zoning By-law establishes a minimum setback of 20 metres from the front lot line Mr. Valiquette indicated that the lot is very rugged and they are limited in the area in which to build - this proposed location is the only plateau - if the structure was moved, it would block the access required for construction - he added that the existing structure is a sauna and sleeping cabin with a 200 amp service Seconded by Jack Lauder That the application be approved to permit a dwelling unit 14 metres from the front lot line. ii) That the requirements of any other Agency be met; and iii) That a building/septic permit be obtained. 9. A22/99 - Lissa, Marden & Sarah Paul Dr. and Mrs. William Paul, Agent

6 the application proposes to permit an addition to an existing dwelling unit 6.7 metres from the front lot line, whereas Zoning By-law establishes a minimum front yard of 20 metres Dr. Paul indicated that he had the property from the original Crown Patent in the lot is very rugged and this is the only location for the addition - the closest neighbour approves of the addition and it is not visible for the other neighbours - he added that the lot is limited in areas to build Moved by Wally Berko Seconded by Sandra Thwaites That the application be approved to permit the addition to a single family dwelling 6.7 metres from the front lot line. ii) That the requirements of any other Agency be met; iii) That a building/septic permit be obtained; and iv) That the Applicant purchase the shore road allowance. 10. NEW BUSINESS 11. ADJOURNMENT Moved by Robert Baines Seconded by Wally Berko That the Committee adjourn the meeting at 5:10 p.m. Tracey Edwards Secretary Treasurer