TOWNSHIP OF GEORGIAN BAY COMMITTEE OF ADJUSTMENT

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1 TOWNSHIP OF GEORGIAN BAY COMMITTEE OF ADJUSTMENT Minutes of the meeting of June 12, 2006, held in the Council Chambers, Baxter Ward Community Centre, Township of Georgian Bay, Port Severn, Ontario. MEMBERS PRESENT: Member L. BRAID Member J. BOWDEN Member H. JACKSON Member L. KEALL Member M. KENNEDY, Chair Member P. WIANCKO MEMBERS ABSENT: None TOWNSHIP OFFICIALS: D. Parks, Secretary Treasurer Todd Weatherell, Deputy Secretary Treasurer 1. The Meeting was called to order at 10:20 a.m. Adoption of Minutes of May 23 rd, BRAID-JACKSON That the Committee of Adjustment approves the minutes of May 23 rd, 2006, as circulated. CofA Mr. Parks advised Committee that application A-19/06 would be deferred due to a circulation error. 2. Public Meeting to hear Minor Variance Applications i) Variance No.: A-16/ Island 630 Georgian Bay To permit the construction of a new dwelling with a front yard setback of 1.3 metres (4.27 feet) and a side yard setback of 1 metre (3.28 feet), whereas Zoning By-law 91-19, establishes that the minimum front yard setback be 20 metres (65.6 feet) and a minimum side yard setback of 5 metres (16.4 feet). Representation: Jim and Kathleen Bolan, Owners He read correspondence on file and summarized the Planning report. Mr. Bolan explained that he would like to tear down the existing dilapitated structure and replace with a new, larger cottage with increased setbacks from the original. He added that when he purchased the property he had Bob Bush and Dave Fedoriw out to the site to determine an appropriate location for a new septic system. COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 1 OF 7

2 Mr. Chittenden raised concerns on the 10-day notice period and that it was not enough time. He also had concerns on the 1999 high water mark that was shown on the applicant s proposal, and that the new cottage would be close to the existing wetlands that surrounds the subject property. Mr. Griffiths stated that the subject property is not suitable for development. Mr. Morton stated that he has no problems with the application, but would like to see the existing structure torn down because it is a safety hazard. He would also like the new cottage not to block an existing pathway that they use. Mr. Bolan explained that the previous approval recommended a raised septic, and he correct the gray water issue with a new septic system. Committee discussed a deferral to allow for more information on the septic and cottage location above the contour level. JACKSON-BRAID That the Committee of Adjustment approves application A-16/06 for 4478 Island 630 Georgian Bay to permit: CofA To permit the construction of a new dwelling with a front yard setback of 1.3 metres (4.27 feet). 2. A side yard setback of 1 metre (3.28 feet), 3. That the approval of this application is conditional on the applicant entering into a Site Plan Agreement with the Township of Georgian. 4. That approval of this variance is granted and fixed to the subject site plan, extent, location, ii) Variance No.: A-17/ Severn River Shore To permit an extension to a non-complying structure, being a 1036 square foot addition onto the main building and an additional width of 6.4 metres (21 feet), and a side yard setback of 2.4 metres (8 feet), whereas By-law states that the gross floor area of the dwelling unit shall not be permitted to increase by more than 25% (221.5 square feet), and the existing structure shall not be permitted to increase by more than 20% of the existing structure width 2.1 metres (7 feet), and a minimum side yard setback of 5 metres (16.4 feet). Representation: Cliff Simon, Owner Mr. Simon explained that he purchased the cottage two years ago and he submitted a building permit application, which was approved, but since then he has received a new survey and noticed that he would be going closer to the water. He would like to amend the building permit by going closer to the side yard and further way from the water. Committee wanted to know which option Mr. Simon preferred option one or two in his proposal? Mr. Simon stated that he would prefer option two. Committee discussed the size of the addition and the increase in height. Committee suggested deferral to review the building permit and the increase in height from the applicants existing cottage to the proposed in option two. COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 2 OF 7

3 BRAID-JACKSON That the Committee of Adjustment approves application A-17/06 for 7206 Severn River Shore to permit: CofA To permit an extension to a non-complying structure, being a 1036 square foot addition onto the main building and an additional width of 6.4 metres (21 feet), and a side yard setback of 2.4 metres (8 feet), 2. That the approval of this application is conditional on the applicant entering into a Site Plan Agreement with the Township of Georgian. 3. That approval of this variance is granted and fixed to the subject site plan, extent, location, Being option two. iii) Variance No.: A-18/ Huron Trail To permit a new dwelling with a gross floor area of 2206 square feet, a width of 13.4 metres (44 feet), a front yard setback of 19.5 metres (64 feet), a side yard setback of 3.8 metres (12.5 feet), a rear yard setback of 5.6 metres (18.4 feet), and a lot coverage of 12%, whereas Zoning By-law 91-19, establishes a maximum gross floor area of 2045 square feet, a maximum width of 25% of the total lot frontage (28 feet), a front yard setback of 30 metres (98.4 feet), a side yard setback of 5 metres (16.4 feet), a rear yard setback of 10 metres (32.8 feet) and a lot coverage of 8%. Representation: Rob Weller, Agent Mr. Weller explained that the new cottage would be smaller in height then the existing. Mr. Parks summarized the planning report. Committee members recommended a site plan agreement to preserve the vegetation along the shoreline. Committee had concerns on the septic location. Mr. Weller advised Committee that the septic location is the only location available and that a new double pod system will be installed on the property. JACKSON-BRAID That the Committee of Adjustment approves application A-18/06 for 144 Huron Trail to permit: CofA To permit a new dwelling with a gross floor area of 2206 square feet, a width of 13.4 metres (44 feet), a front yard setback of 19.5 metres (64 feet), a side yard setback of 3.8 metres (12.5 feet), a rear yard setback of 5.6 metres (18.4 feet), and a lot coverage of 12%, 2. That the approval of this application is conditional on the applicant entering into a Site Plan Agreement with the Township of Georgian. 3. That approval of this variance is granted and fixed to the subject site plan, extent, location, COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 3 OF 7

4 iv) Variance No.: A-19/06 26 Joseph Street To permit the construction of a detached garage in the front yard with a setback of 2.01 metres (6 feet, 6 inches), and an increase in lot coverage of 15% whereas the Zoning By-law establishes that a detached garage may be erected in the interior side or rear yard, and a maximum lot coverage of 10%. Representation: None No one was in attendance to comment on the application. WIANCKO-BRAID That the Committee of Adjustment approves application A-19/06 for 26 Joseph Street to permit: CofA To permit the construction of a detached garage in the front yard with a setback of 2.01 metres (6 feet, 6 inches), and 2. An increase in lot coverage of 15%. 3. That approval of this variance is granted and fixed to the subject site plan, extent, location, v) Variance No.: A-20/ Sunrise Trail To permit the construction of a new garage with a side yard setback of 0.75 metres (2.46 feet) and to permit the construction of a boathouse with a side yard setback of 0.64 metres (2.1 feet), and a maximum boathouse length of 12 metres (39.4 feet), whereas Zoning By-law 91-19, establishes a minimum side yard setback of 2 metres (6.5 feet) for a detached garage, and a minimum side yard setback of 5 metres (16.4 feet) for a boathouse and a maximum length of 9 metres (29.5 feet). Representation: Ken Ferguson, Owner The Secretary Treasurer, Mr. Parks, explained the purpose and effect of the application and read the planning report. Mr. Ferguson stated that the minor variance request meets the four test of the Planning Act. He stated that the Official Plan permits residential uses including a boathouse and a garage. It has minor modifications to the zoning by-law and has no impact on the neighbours. It is desirable as it has no impact on the neighbours and the proposed location will minimize the removal of mature trees. The variances are also minor in size and impact with other properties in the surrounding area. Mr. Ferguson also stated the Planning report has failed in proving that the variances are not minor. Mr. Parks explained that structures should be located away from property lines for the maintenence of the structures. Mr. Paul Schmid stated that this is a highly congested area and the proposed buildings would look like wall-to-wall buildings, and they would obstruct the views of the neighbours. Mr. Greg Corbett representing 7 of the neighbours stated that they have concerns with the application pertaining to: The impact that the variances will have on the neighbourhood, particularly the adjacent COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 4 OF 7

5 property to the west; the lack of any justification being put forward as to why the provisions of the zoning by-law cannot be met; and the potential precedence that such an application my have for the entire lake community. He also explained that a minor variance is required to satisfy four separate tests, which he suggest the proposed application would not. The application must be considered minor in nature. Here the application is for 3 separate variances, 2 for the proposed boathouse and 1 for the garage. The requested variance for the boathouse setback from 5 metres to less than 1 metre, he suggested this not minor. He also explained what really makes the application not minor, is the cumulative effect of the proposal. The boathouse setback is not only being significantly reduced but the length of the boathouse is being increased from 9 metres to 12 metres, thus, the impact of the setback reduction is greatly increased. On top of this, the proposed garage is to be located behind the boathouse with a reduced setback from 2 metres to.75 metres. According to the site plan, a trellis walkway will connect the garage to the boathouse. The effect of this proposal is to create a virtual wall of buildings and structures less than a metre away from the property line. This will hold significant impacts for the adjacent property to the west, not only from an aesthetic and privacy perspective, but there is also a large maple tree in close proximity to the property line and there is concern that the construction of buildings in such close proximity may impact the health of the vegetation. The second test is that it is desirable for the appropriate development of the property. There are numerous other areas on the property where these buildings could be located in conformity with the bylaw and there is nothing unique to the property that would suggest that the reduction in the zoning requirements are necessary. There is nothing on this property that would distinguish it from other properties. The third test is to satisfy the general intent of the Official Plan. The Official Plan states that development shall have regard for the aesthetic quality of the Waterfront area and be compatible with existing land uses in the adjacent area. As stated previously, the proposal would adversely impact the aesthetic quality of the waterfront area and the increased building density in such close proximity to the adjacent property would not be compatible. One of the principle means of ensuring the aesthetic quality of the waterfront is to ensure development is compatible with adjacent development, to ensure that there is appropriate separation of buildings on properties so as to ensure that the built form does not dominate the landscape. When in the waterfront area, development is intended to be well dispersed to ensure that a low-density character is maintained. This proposal will almost eliminate a setback resulting in a wall of buildings adjacent to a property line; this would not be in keeping with the intent of the Official Plan. The final test is satisfying the intent of the Zoning By-law. The intent of the side yard setback requirement in the Zoning By-law is to protect the aesthetics and privacy of adjacent properties, protect the aesthetics of the shoreline area, and ensure that the built form does not dominate the landscape. The reduction of the setback to less than half what is required, for two buildings adjacent to the same property line would not meet this intent. It was respectfully submitted that the proposal would not satisfy any of the four tests required by a minor variance and would set a dangerous precedence for future development. As such, he requested that the Committee deny the applications as submitted. Mr. Ferguson explained that he was the first of the five builders in the area and he removed only one large tree when he built and the others all required variances, his are minor in comparison. Committee wanted to know if it was possible to move the structures to meet the setback requirements. Mr. Ferguson explained that he required the variances to preserve mature trees and to limit the amount of dead space behind the structures. Committee discussed the need for the increase in boathouse size. Mr. Mark English stated that he original owned the property beside Mr. Ferguson and stated that Mr. Ferguson could comply with setbacks. Committee discussed the option for a deferral to allow for the applicant to revise setbacks. Mr. Ferguson stated that he would like the Committee to vote on application as applied. COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 5 OF 7

6 JACKSON-WIANCKO That the Committee of Adjustment approves application A-20/06 for 221 Sunrise Trail to permit: DEFEATED CofA To permit the construction of a new garage with a side yard setback of 0.75 metres (2.46 feet) and 2. To permit the construction of a boathouse with a side yard setback of 0.64 metres (2.1 feet), 3. And a maximum boathouse length of 12 metres (39.4 feet), 4. That approval of this variance is granted and fixed to the subject site plan, extent, location, vi) Variance No.: A-21/ Island 1040 Georgian Bay To permit a dock on a vacant undersized island, whereas the Zoning Bylaw establishes that the principle building or structure or use is already in existence on the lot. Representation: Dr. Pignol, Owner and Allan McNair, Agent Mr. Allan McNair explained that there will no permanent structures on the small island and the dock is located in an area to preserve the fish habitant. He also explained that it is possible to legally tie the small island to the larger main land parcel of land, so the applicant cannot sell one with out the other. Mr. McNair also explained that this property is a lot of record, and that he has had Dennis Robitaille onsite to determine location for a proper septic system. He also explained that the proposed application would have no effect on the Official Plan or Zoning By-law. He also stated that the applicant is willing to enter into a Site Plan Agreement with the Township of Georgian Bay. Mr. Parks read correspondence on file. Mr. Paul Schmid wanted to know if the bridge was a permanent structure, and would it prohibit canoes and kayak from entering the bay. Mr. McNair explained the need for the bridge is because the water level is 14 inches, and that he has had communications with the Department of Fisheries and Ministry of Natural Resources and they have no concerns on the proposed bridge. Dr. Pignol stated that he has had communications with the Department of Transportation (Coast Guard) to see whether or not the location between the small island and the main land was a navigatable waterway, and they had no concerns. Mr. Brent Hughes explained that he bought the adjacent parcel of land a year ago and the proposed dock location will be right in front of his property. He recommended a different location because there are areas between the two properties that have 2 to 3 feet of water depth. He also had concerns on the construction access, as he was not privileged to this information. Mr. McNair explained that he had the contractor Dennis Robitaille onsite two weeks ago and he would use two I beams that would run from the island to the main land, and the construction materials would be brought across on the I beams. Committee had concerns on whether or not the bridge was a dock, and would it be used as a dock. Mr. Parks explained that the bridge would not moor boats. Committee recommended a deferral to allow the applicant to work with the neighbour on a possible location for the dock. Committee suggested a sectional bridge as this area is heavily used by snowmobiles. COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 6 OF 7

7 KEALL-BOWDEN That the Committee of Adjustment approves application A-21/06 for 4536 Island 1040 Georgian Bay to permit: CofA To permit a dock on a vacant undersized island. 2. That the approval of this application is conditional on the applicant entering into a Site Plan Agreement with the Township of Georgian with Island 146 E, and Part 2 of Plan 35R And that a Registry Notice be placed on title requiring that both properties have to be sold in conjunction with each other. 4. That approval of this variance is granted and fixed to the subject site plan, extent, location, vii) Variance No.: A-22/06 15 Gidley Turnpike To permit an increase in lot coverage to 11% whereas Zoning By-law 91-19, establishes a maximum lot coverage of 5%. Representation: Garnet Billows Mr. Garnet Billows explained that a tree damaged the existing sunroom, and he would like to enlarge it. Mr. Parks Read correspondence on file. Mr. Don Pidgeon stated that he is in support and the other 13 residents in the area are also in support. BOWDEN-KEALL That the Committee of Adjustment approves application A-22/06 for 15 Gidley Turnpike to permit: CofA New Business None 1. To permit an increase in lot coverage to 11%. 2. That approval of this variance is granted and fixed to the subject site plan, extent, location, 3. Adjournment KEALL-BOWDEN That the Committee of Adjustment does now adjourn at 12:25 p.m. until July 4 th, 2006 or at the call of the Chair. CofA DAVID PARKS SECRETARY TREASURER COMMITTEE OF ADJUSTMENT MINUTES JUNE 12, 2006 PAGE 7 OF 7

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