COMMITTEE OF ADJUSTMENT FOR MINOR VARIANCE MINUTES Monday, October 3, :30 p.m Town Council Chambers Page 1

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1 Page 1 1. CALL TO ORDER Committee Chair K. Parlett called the meeting to order at 5:30 p.m. and the following were recorded as being present. Committee Members: Staff: Committee Member, K. Parlett (Chairperson) Committee Member, W. Moore (absent) Committee Member, A. Taylor Committee Member, L. Lynn (Alternate) Secretary-Treasurer, M. Holmes 2. DECLARATIONS OF PECUNIARY INTEREST Nil. 3. CONFIRMATION OF MINUTES FROM SEPTEMBER 12, 2011 MEETING Moved by: Seconded by: Committee Member, A. Taylor Committee Member, L. Lynn That the Minutes of September 12, 2011 be approved. CARRIED 4. MINOR VARIANCE PUBLIC HEARINGS 4.1 A/23/11 by Susan Friedman for East Part of Lot 14 on Plan M3, Bracebridge Ward of the Town of Bracebridge: The applicant is requesting relief from Section of By-law , as amended, which requires a minimum front yard setback of 7.5 square metres (24.6 feet), to allow an accessory structure to have a front yard setback of 5.33 metres (17.5 feet), a variance of 2.17 metres (7.1 feet). The subject lands are located at 169 Woodchester Avenue. Committee examined photographs, an aerial map, and a site plan of the subject lands. A staff report prepared by Kim Horrigan, Director of Development Services and Sue McCormick, Planning Technician was read outlining the purpose of the application, property description, surrounding area, comments received, Official Plan policies, Zoning By-law requirements, and recommended conditions, if approved. Susan Friedman, applicant, attended on behalf of this application. Mrs. Friedman presented the Committee pictures of the site. Mrs. Friedman stated that there was an old septic system on the subject lands that was located in the side yard and she stated that she was informed from the District of

2 Page 2 Muskoka, when discussing connecting to municipal sewers, her options for the old septic system. She stated that she was informed she should fill in the old system, which is why there is a retaining wall at the end of the driveway. She indicated that she has since installed a patio in this location. Mrs. Friedman stated that the dwelling on the subject lands is approximately 17.5 feet from the front lot line with a porch in front and the proposed carport would be located behind the existing dwelling. She stated that the existing dwelling was located 42 feet from the curb and therefore there was ample room from the sidewalk to the front of the dwelling. She also indicated that the carport would be well buffered from the neighbouring lot by vegetation. Committee member Lynda Lynn questioned if the dwelling was connected to municipal sewers. Mrs. Friedman stated that the dwelling had been connected to municipal sewers. Committee member Lynda Lynn questioned if the sewer line travelled through the old septic system. Mrs. Friedman stated that the sewer line travelled directly to the main sewer line from the dwelling. Committee chairman Kim Parlett stated that it appeared that the carport would be in character with the area. Committee member Allen Taylor stated that the neighbouring dwelling was located closer to the road than the proposed carport. LYNDA LYNN, ALLEN TAYLOR: THAT Application A/23/11 be APPROVED to allow an accessory structure to have a front yard setback of 5.33 metres (17.5 feet), a variance of 2.17 metres (7.1 feet). REASONS: The application is minor in nature, as no concerns were express by 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 accessory structure will not be located closer to the road than the existing dwelling. The application meets the intent of the Official Plan, as the uses are permitted in the Residential designation. CARRIED 4.2 A/24/11 by Jeffrey Fraser, Kari-Anne Fraser, Terry Middlemiss, and Sharron Middlesmiss for Lot 28 of Registrar s Compiled Plan 543, Monck South Ward of the Town of Bracebridge: The applicants are requesting relief from Section 3.2.2(*5) of By-law , as amended, which requires a sleeping cabin to have a maximum gross floor area of 23 square metres (247.5 square feet), to allow a sleeping cabin to have a gross floor area of 29 square metres (312 square feet), a variance of 6 square metres (64.5 square feet). The subject lands are located at 22 Wilson Island.

3 Page 3 Committee examined photographs, an aerial map, elevations and a site plan of the subject lands. A staff report prepared by Kim Horrigan, Director of Development Services and Sue McCormick, Planning Technician was read outlining the purpose, property description, surrounding area, comments received, Official Plan policies, Zoning By-law requirements, and recommended conditions, if approved. Correspondence was received from Tom Hookings, Chief Building Official, indicating that an effluent filter will need to be installed in the septic tank. Jeffrey Fraser, applicant, attended on behalf of this application. Mr. Fraser indicated that he had begun construction on the expansion of the sleeping cabin and he was now trying to rectify the situation. He stated that the additional space was to accommodate an extra bedroom. He indicated that there was no easy way to access the rear of the dwelling with machinery and therefore major renovations would be needed to accommodate the extra bedroom in the main dwelling. He stated that the addition to the sleeping cabin required no removal of trees or rocks. Committee chairman Kim Parlett stated that the intent of the Zoning By-law was to limit the size of a sleeping cabin to one or two bedrooms and to control habitable space on a lot to a central building. He stated that in his opinion the variance would not meet the intent of the Zoning By-law. Mr. Fraser stated that he would prefer not to tear down the addition. Committee member Lynda Lynn questioned how many bedrooms were located in the sleeping cabin at this time. Mr. Fraser stated that one bedroom is located in the sleeping cabin at this time. Committee member Allen Taylor questioned the size of the existing sleeping cabin. Mr. Fraser stated that the existing sleeping cabin was 192 square feet. Committee member Lynda Lynn questioned if the sleeping cabin meet the required setbacks. Mr. Fraser stated that the sleeping cabin did meet the required setbacks. Committee member Allen Taylor stated that the fact that the addition had been constructed put the Committee in a difficult position in his opinion, as he does not feel the variance is appropriate. Mr. Fraser questioned what would his options be if the variance was denied. Mr. Fraser was informed that if the variance was denied he could appeal the Committee s decision to the Ontario Municipal Board or he would have to remove the addition that was in excess of the By-law requirement.

4 Page 4 Committee member Lynda Lynn questioned why the applicant could not accommodate the additional bedroom within the existing space plus an addition that would conform to the Zoning By-law. Mr. Fraser stated that due to the location of the doors and windows and the placement of the electrical box, he indicated that the renovation and expansion within the By-law would be costly. Committee member Lynda Lynn questioned if the sleeping cabin had a washroom. Mr. Fraser indicated that the sleeping cabin did not have a washroom. Committee member Allen Taylor questioned if the septic system was designed to accommodate another bedroom. Mr. Fraser stated that he had spoken to the Chief Building Official and he had only indicated that an effluent filter will need to be installed in the septic tank. Committee chairman Kim Parlett questioned why the contractor would build in contravention of the By-law and questioned if a building permit had been obtained prior to starting construction. Mr. Fraser stated that he had constructed the addition himself with the help of neighbours and that he had not acquired a building permit. ALLEN TAYLOR, LYNDA LYNN: THAT Application A/24/11 be DENIED to allow a sleeping cabin to have a gross floor area of 29 square metres (312 square feet), a variance of 6 square metres (64.5 square feet). REASONS: The application is not minor in nature, as the variance would substantially increase the size of the sleeping cabin. The application is not desirable for appropriate development, as the development could be accommodate within the main dwelling. The application does not meet the intent of the Zoning By-Law, as the variance would not direct habitable space to the main dwelling. CARRIED 4.3 A/25/11 by Bonnie Ledson for Part of Lot 31, Concession 5, Draper Ward of the Town of Bracebridge: The applicant is requesting relief from Section 4.8 (i) of By-law , as amended, which requires the extent of non-compliance of a legal non-complying building or structure to not be increased, to allow an existing sleeping cabin of square metres (221 square feet) to be enlarged to square metres (946 square feet), a variance of square metres (725 square feet). The applicant is also requesting relief from Sections 4.8 (v) of By-law , 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 an existing sleeping cabin to be increased from 3.35 metres (11 feet) from the midpoint of the roof and 3.65 metres (12 feet) from the peak of the roof to 5.03 metres (16.5 feet) from the midpoint of the roof and 6.55 metres (21.5 feet) from the peak of the roof, variances of 1.68 metres (5.5 feet)

5 Page 5 and 2.9 metres (9.5 feet). The subject lands are located at 1000 Halbusal Island on Prospect Lake. A staff report prepared by Kim Horrigan, Director of Development Services and Sue McCormick, Planning Technician was read outlining the purpose, property description, surrounding area, comments received, Official Plan policies, Zoning By-law requirements, and recommended conditions, if approved. Correspondence was received from Tom Hookings, Chief Building Official, indicating that there are no records of a septic system on the property. The applicant will need to show the septic tank and filter bed location on the site plan as well as the sizes. The applicant will also be required to provide the size of the main dwelling, number of fixture units and bedrooms. An independent septic designer may need to be consulted to confirm the septic system. Bonnie Ledson, applicant, attended on behalf of this application. Mrs. Ledson stated that the existing sleeping cabin was constructed in the 1940s and had recently been struck by lightning. She indicated that she had a big family and had no intention of selling. She indicated that she knows the Zoning By-law intention is to direct development to the main dwelling on the lot but in her opinion Prospect Lake is a small lake and is not conducive to larger cottages, like on the bigger lakes. She indicated that they were three large cottages on the lake, including hers, and she did not think it was appropriate to make it bigger. Mrs. Ledson stated that she had contacted Confederation Homes about constructing a sleeping cabin and the smallest structure they had available had a footprint of 660 square feet with a loft of 286 square feet. She stated that they would construct the structure off site then barge the structure over to the island. She indicated that because she was on an island on a small lake, she needed a company with their own barge. She stated that she would be willing to remove the loft but still wanted to keep the requested height, so that the structure would be in character with the main dwelling. Committee chairman Kim Parlett questioned the use of the second accessory structure on the subject lands. Mrs. Ledson stated that the second accessory structure was for storage and laundry facilities. She also stated that when she meet with Town staff, she had been advised that it would be more appropriate to look at severing the island to allow for two cottages. She stated that the cost to sever would be too great since she would have to bring underwater hydro to the site and she didn t want two cottages, two sleeping cabins and two boathouses on the island. Committee chairman Kim Parlett stated that he was concerned with the application as the application would permit a sleeping cabin much larger than required by the Zoning Bylaw, as well as increase the height and the structure would only be located 40 feet from the water. Committee member Allen Taylor stated that in his opinion the proposed structure would be a second dwelling and not a sleeping cabin.

6 Page 6 Mrs. Ledson stated that she could not add onto the cottage as it would be going closer to the water in all directions and she was hoping to have a games room in the sleeping cabin. She questioned if the Committee could put a condition on the variance that if the lot was severed that the sleeping cabin become the main dwelling on the severed lot. Committee chairman Kim Parlett stated that the Committee could not impose that type of condition. He stated that he would not be opposed to the applicant constructing a 23 square metre sleeping cabin that meet the height requirements but a variance would not be required for that size of structure. The Committee was informed that since the property is zoned Open Space One (OS1), the sleeping cabin is a non-complying use and under the Zoning By-law cannot be enlarged or the height increase even though it was under the gross floor area permitted by the Zoning By-law for a sleeping cabin. Committee member Lynda Lynn questioned when the septic system was installed. Mrs. Ledson stated that the septic system was installed in Committee member Allen Taylor stated that he would not be opposed to deferring the application to allow the application to design a sleeping cabin that meet the current requirements for a sleeping cabin ALLEN TAYLOR, LYNDA LYNN: THAT Application A/25/11 be DEFERRED to allow the application to redesign the sleeping cabin in accordance with the current sleeping cabin gross floor area and height requirements. 4.4 A/26/11 by Elizabeth Saver and Cheryl Clark for Lot 59 of Registrar s Compiled Plan 514, Muskoka North Ward of the Town of Bracebridge: The applicants are requesting relief from Section 4.8 (i) of By-law , as amended, which requires the enlargement of a legal non-complying structure to not increase the extent of non-compliance, to allow an existing sleeping cabin of square metres (595 square feet) to be enlarged to square metres (710 square feet), a variance of square metres (115 square feet). The applicants are also requesting relief from Section 4.8 (i) of By-law , as amended, which requires the enlargement of a legal non-complying structure to not increase the extent of non-compliance, to permit an addition to be added to a legal noncomplying dwelling at a high water mark setback of metres (45.70 feet), while the legal non-complying dwelling is located at a high water mark setback of metres (54.10 feet), a variance of 2.56 metres (8.40 feet). The applicants are also requesting relief from Sections 4.8 (v) of By-law , 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 5.08 metres (16.66 feet) to 6.91 metres (22.66 feet), a variance of 1.83 metres (6 feet). The subject lands are located at 1079 Muskoka Crescent Road Private

7 Page 7 A staff report prepared by Kim Horrigan, Director of Development Services and Sue McCormick, Planning Technician was read outlining the purpose, property description, surrounding area, comments received, Official Plan policies, Zoning By-law requirements, and recommended conditions, if approved. Correspondence was received from Tom Hookings, Chief Building Official, indicating that there are no records for a septic system for the main dwelling. Records indicate that there are two (2) septic systems on the property. The owner may be required to hire independent septic designers to confirm the septic systems. Correspondence was received from neighbouring properties owners Michael and Jo Ann Dewan expressing their support for the application. Cheryl Clark and Jeffrey Clark, applicants, attended on behalf of this application. Tim Holmes, contractor for the applicants, also attended on behalf of this application. Ms. Clark stated that they had started to fix the piers on the dwelling and discovered that it would be just as economical to construct a full foundation. She stated that if they were able to raise the entire dwelling up four feet, they could have a full basement. Mr. Holmes stated that the applicants were requesting a height increase of six feet to account for terrain but the height increase would likely only need to be four feet. Ms. Clark stated that the variance for the addition to be closer to the lake than the existing dwelling was a technicality in her opinion. She stated that they was an existing deck there now and they had a building permit to replace it with a porch. She stated that she wanted to put windows in the porch to block the wind and was informed that this no longer was defined as porch under the Zoning By-law. Committee member Lynda Lynn questioned if the applicant put plexi-glass as opposed to windows in the porch if it would still be classified as a porch under the Zoning By-law. The Committee was informed that under the Comprehensive Zoning By-law, a porch must have a minimum of 50% of the vertical plane open except for insect screening. Committee member Allen Taylor stated that he was not opposed to the variance for the height increase. Committee member Lynda Lynn stated that she was not opposed to the variance for the addition to the dwelling. Mrs. Clark stated that the sleeping cabin request was similar to the addition request for the dwelling. She stated that this area was already a screened porch and she wanted to install windows to block the wind. Committee chairman Kim Parlett stated that he was not opposed to the variances for the dwelling but he was concerned with the variance for the sleeping cabin. He stated that the sleeping cabin was already more than double the requirement under the Comprehensive Zoning By-law and although the intention of the variance may be to currently install windows in the porch, it would later facilitate a larger living space for the sleeping cabin.

8 Page 8 ALLEN TAYLOR, LYNDA LYNN: THAT Application A/26/11 APPROVED to permit an addition to be added to a legal non-complying dwelling at a high water mark setback of metres (45.70 feet), while the legal non-complying dwelling is located at a high water mark setback of metres (54.10 feet), a variance of 2.56 metres (8.40 feet), and APPROVED to allow the height of a legal non-complying dwelling to be increased from 5.08 metres (16.66 feet) to 6.91 metres (22.66 feet), a variance of 1.83 metres (6 feet). REASONS: The application is minor in nature, as no concerns were expressed by neighbouring property owners. The application is appropriate as the proposed structure will be in character with the area. The application meets the intent of the Zoning By-Law, as the height will meet the height requirement of the SR1 Zone and the addition will not be located closer to the lake than the building permit allows for the porch. The application meets the intent of the Official Plan, as the vegetation will be maintained and there will be increased impact on the lake. ALLEN TAYLOR, LYNDA LYNN: THAT Application A/26/11 DENIED to allow an existing sleeping cabin of square metres (595 square feet) to be enlarged to square metres (710 square feet), a variance of square metres (115 square feet), REASONS: The application is not minor in nature, as it would increase the size of the existing sleeping cabin to exceed the minimum size required for a dwelling. The application does meet the intent of the Zoning By-Law, as existing sleeping cabin is already oversized. CARRIED 4.5 A/27/11 by Ontario Limited for Part of Lot 1, Concession 2, Monck South Ward of the Town of Bracebridge being Parts 3, 6, 9, 14, 17 and 18 of Plan 35R : The applicant is requesting relief from Section of By-law , which requires a minimum rear yard setback in a District Commercial Special - 4 (C4-4) Zone of 13.5 metres (44.29 feet) when abutting a Residential Zone, to allow the construction of a storage shed with a rear yard setback abutting a Residential Zone of 11.1 metres (36.42 feet), a variance of 2.4 metres (7.87 feet). The subject lands are located at 17 Balls Drive. A staff report prepared by Kim Horrigan, Director of Development Services and Sue McCormick, Planning Technician was read outlining the purpose, property description, surrounding area, comments received, Official Plan policies, Zoning By-law requirements, and recommended conditions, if approved. No one attended on this application.

9 Page 9 5. CORRESPONDENCE Nil. The Committee was informed that the property contained a veterinary clinic, which was subject to site plan control. When the applicant requested securities be released for the site plan, Town staff performed a site visit and discovered a shed had been constructed in the rear yard. The applicant had informed staff that there had been items stolen from the site and the police had informed him that they should construct a shed. The Committee was informed that due to the construction of the shed, in addition to an additional parking area, an amended site plan application was required and once the amended site plan application had been received by the Town, if was determined that the shed did not comply with the rear yard setbacks adjacent to a residential zone. ALLEN TAYLOR, LYNDA LYNN: THAT Application A/27/11 be APPROVED to allow the construction of a storage shed attached to the main building with a rear yard setback abutting a Residential Zone of 11.1 metres (36.42 feet), a variance of 2.4 metres (7.87 feet). REASONS: The application is minor in nature, as no concerns were expressed by neighbouring property owners. The application is appropriate, as the structure is well buffered from neighbouring properties. The application meets the intent of the Zoning By-Law, as the terrain of the lot creates a buffer from neighbouring properties. The application meets the intent of the Official Plan, as the use is compatible with neighbouring uses. CARRIED 6. OTHER BUSINESS 6.1 A/22/11 by Joyce Lind and Kelly Lind for Part of Lot 13, Concession 4, Monck South Ward of the Town of Bracebridge being Lots 38 to 41 of Plan 11, and Part 7 of Plan 35R-15284: The applicants are requesting relief from Section 4.8 (i) of By-law , as amended, which requires the extent of non-compliance of a legal non-complying building or structure to not be increased, to allow an existing sleeping cabin of square metres (326 square feet) to be enlarged to square metres (416 square feet), a variance of 8.36 square metres (90 square feet). The subject lands are located at 1225 Waldmere Road Private.

10 Page 10 This application was previously heard at the September 12, 2011 meeting and was deferred to allow the applicants to revise their plans to show a sleeping cabin at the same floor area as the existing sleeping cabin. No one attended on this application. The applicants submitted a revised building footprint showing 4.59 square metres (49.42 square feet) being removed from the existing square metres (326 square feet) sleeping cabin and then the footprint of the sleeping cabin being increased by 4.59 square metres (49.42 square feet) creating a final floor area of square metres (326 square feet). ALLEN TAYLOR, LYNDA LYNN: THAT Application A/22/11 be APPROVED to allow an existing sleeping cabin of square metres (326 square feet) to be reduced to square metres ( square feet) and then enlarged to square metres (326 square feet), a variance of 4.59 square metres (49.42 square feet). REASONS: The application is minor in nature, as no concerns were expressed by neighbouring property owners. The application is appropriate, as the structure is well setback and buffered from the lake. The application meets the intent of the Zoning By- Law, as the final gross floor area of the sleeping cabin will not be larger than the existing gross floor area. The application meets the intent of the Official Plan, as the change in the sleeping cabin will not have a negative impact on the lake. 7. ADJOURN The meeting was adjourned by the Chair at 7:20 p.m. The next regular meeting for the Committee of Adjustment for Minor Variances will be held on October 24, Chair Secretary-Treasurer