Present: Staff Present: Reeve Tom Flynn Deputy Reeve Madeline Pearson Councillor Janet Clarkson Councillor Bev Matthews Councillor Peter Franzen Pat Kemp, CAO/Deputy Clerk Natalie Garnett, Clerk Mike Zimmer, Chief Building Official/Zoning Administrator Judy Stephens, Planning Technician Peter Josephs, Township Planning Consultant Robert Pakenham, Township Solicitor The public meeting was called to order at 2:37 p.m. Section 34 Zoning By-law Amendment Reeve Flynn advised this was a Public Meeting under Section 34 of the Planning Act and reminded Council of the Disclosure of Interest as noted on the agenda. Approval of Minutes Applications 3.1 Rezoning Application 04-10 RICHARD AND FRANCES IRWIN, being located in Part of Lot 27, Concession 8, being Part 4, Reference Plan 45R-1769, Harvey, and having Property No. 1542-010-302-08304 (Charlie Allen Road), comprises a total area of approximately 11 hectares (27.19 acres). The purpose and effect of the proposed amendment is to rezone a portion of Part of Lot 27, Concession 8, being Part 4, Reference Plan 45R-1769, Harvey, having Property No. 1542-010-302-08304 from the Rural (RU) Zone to the Rural-1 (RU-1) Zone for both the Severed Parcels and from the Rural (RU) Zone to the Special District 631 (S.D. 631) Zone for the Retained Parcel, to satisfy conditions of Consents B-82-09 and B-83-09. The applicants were in attendance. 1
Mr. Norm Windover advised that he is not opposed to the application but believes his property is being crossed by the proposed entrances. The applicants advised that their survey indicates that this area belongs to them as does a survey undertaken in 1975. Resolution No. R2010-365 Moved by: Seconded by: Councillor Franzen That By-law B2010-64, being a by-law to re-designate a portion of Part of Lot 27, Concession 8, being part 4, Reference Plan 45R-1769 in the geographic Township of Harvey, (Charlie Allen Road) and having property roll number 1542-010-302-08304, from the Rural (RU) Zone to the Rural-1 (RU-1) Zone for both the severed parcels, and from Rural (R) Zone to the Special District 631 (S.D. 631) Zone for the retained parcel be read a first, second and third time and finally passed this 13 th day of July, 2010. Carried. 3.3 TOWNSHIP INITIATED ZONING BY-LAW AMENDMENT to general zone provisions and to specific zoning categories, provisions and regulations of By-Law 85-94, as amended, that have wide-spread application throughout the municipality relating to the minimum water yard setback. The purpose of this textual amendment is to amend the Regulations of Uses Permitted in the Recreational Residential, Community Residential, Trailer Park Commercial, Tourist Commercial, Local Commercial, Extractive Industrial, Rural, Open Space and Development Zones of By- Law 85-94, as amended, relating to the minimum water yard setback. The effect of this amendment is to increase the minimum water yard setback from 21.5 meters (70 ft.) to 30 meters (98.43 ft.). The proposed Zoning By-Law Amendment does not apply to any specific parcel of land, but has a general application and applies to lands located within the Corporate limits of the Township of Galway-Cavendish & Harvey as a whole. It was noted that the County Official Plan will require all Peterborough County municipalities to adopt a 100 setback on all watercourses. Reeve Flynn opened the floor to public comments. 2
Gordon Smith, White Lake Mr. Smith questioned who will require the Township to move from the current 70 setback to 100 feet. It was noted that the County OP says the municipalities shall bring their zoning by-laws into conformity with the County OP. Orvis Barcroft Mr. Barcroft noted that the distance between buildings is incorrect in the current by-law. He also indicated concern with the issue of chapels in the Elim Lodge zoning. Elaine Fritz, Crowes Line Road Ms. Fritz advised that a 70 is adequate although property owners should be required to naturalize the shoreline. She does not feel a 70 set back is adequate for wells or septic systems. David Horton, Edwina Drive Mr. Horton suggested that the Township Council should appeal the County OP. He also added that minor variances add red tape. Brian Ehmke, Beaver Lake Road Mr. Ehmke advised that the idea of one size fits all in the County is incorrect. He suggested a deferral as the Townships of Douro-Dummer and North Kawartha are dealing with the setback as well. Klaas Van Der Sleen, Buckhorn Lake Mr. Van Der Sleen advised that he would like a grandfathering clause. Elaine Fritz, Crowes Line Road Ms. Fritz wondered if there is documentation which shows that a 70 setback has a negative impact on the environment. Ted Spence, Catchacoma Mr. Spence advised that the Ministry of Natural Resources differentiates between a cold water lake trout fishery and warm water lakes. Patricia Pallister, Lower Buckhorn Ms. Pallister wondered if current owners could rebuild on their present footprint. She was advised that this is the case. Gordon Smith, White Lake Mr. Smith suggested a grandfathering clause. 3
Pam Dickey, Big Bald Lake Ms. Dickey noted that her home is 30 from the water, and questioned how many present homes would be closer than 100 to the lakes. Harold Dinesen, Catchacoma Mr. Innes indicated that he has a hydro easement on his property and this restricts where he can build. Resolution No. R2010-366 Moved by: Seconded by: Deputy Reeve Pearson That By-law B2010-66 (minimum water yard setbacks) be deferred so that Council can review the public comments received and gather additional information. Carried. 3.4 TOWNSHIP INITIATED ZONING BY-LAW AMENDMENT to general zone provisions of By-Law 85-94, as amended, that have wide-spread application throughout the municipality relating to the minimum side lot line setback for boathouses. The purpose of this textual amendment to amend the General Provisions relating to the side lot line setback for boathouses. The effect of this amendment is to establish new minimum side lot line setback provisions for boathouses by reducing the minimum setback from 15 meters (50 ft.) to 1.5 meters (5 ft.). The proposed Zoning By-Law Amendment does not apply to any specific parcel of land, but has a general application and applies to lands located within the Corporate limits of the Township of Galway-Cavendish & Harvey as a whole. Reeve Flynn questioned whether different side lot setbacks could be established for different wards. Mr. Pakenham advised that this can be cumbersome to administer although it is legal. Ted Spence, Cavendish Ratepayers Association Mr. Spence advised that the Association is strongly opposed to the 5 set back. He also advised that many properties in the area are angled and this would make the 5 setback even more likely to put a boathouse in front of a neighbouring property. 4
Ted Spence, Catchacoma Mr. Spence noted that the size of boathouses is increasing. He added that the Township of North Kawartha provides pamphlets on shoreline vegetation around boat houses. Sharon Matthews, Pigeon Lake Ms. Matthews suggested that a 5 setback is a regression and that the Trent Seven Waterway requires marine rails to be 15 from the lot line. Mrs. Matthews suggested a formula based on the amount of frontage of the lot. Gary Roinnen, Beaver, Cavendish, Bottle & McGinnis Lake Association Director It was noted that the cottagers in his association are completely against the proposed changes. He advised that he would like information of this type mailed directly to home owners. The current 50 setback is acceptable. Les Clark, Salmon Lake Cottagers Association Mr. Clark distributed comments for Council consideration. The association conducted an email survey and the majority of members are opposed to the proposed change as it could result in loss of lake enjoyment and lake quality. He noted that boathouses obscure the lake view and sunsets, result in increased noise, decrease the quality of fishing and decrease water quality. The association believes the 50 setback is acceptable as the minor variance process enables neighbours to provide comment. Karen Mistlebacher, Beaver Lake Ms. Mistlebacher questioned the reason for the amendment. Patricia Pallister, Lower Buckhorn Ms. Pallister advised that she would like the 50 setback to remain. Burkhardt Miggo, Sugarbush Cres. Mr. Miggo commented on his recent OMB hearing regarding this issue. Orvis Barcroft, Sugarbush Cres. Mr. Barcroft advised that many of the lots in the Sugarbush subdivision are 80 wide which means they cannot get 50 setbacks from the side yards. Mr. Pakenham left the meeting at 3:56 p.m. 5
Garth McMillan, Buckhorn Mr. McMillan inquired regarding the building a boathouse below the highwater mark. He was advised that boathouse permits are not issued below the high-water mark. Mr. McMillan noted that he does not want his lake view interfered with. Gordon Smith, White Lake Mr. Smith noted that they would prefer not to have any boathouses; however the 50 setback is an acceptable alternative. Brian Ehmke, Beaver Lake Road Mr. Ehmke noted that the former Galway-Cavendish Township did not permit boathouses and that Harvey Township permitted boathouses with 5 side yards. Gary Roinnen, Beaver, Cavendish, Bottle & McGinnis Lake Association Director He requested that Council keep the current 50 setback. Resolution No. R2010-367 Moved by: Seconded by: Councillor Franzen That the side lot line setback for boathouses remain at 50. requested a recorded vote and the Clerk conducted a roll call. In Support Councillor Franzen Councillor Matthews Deputy Reeve Pearson Reeve Flynn Opposed Carried. Mr. Josephs left the meeting at 4:11 p.m. Adjournment The Reeve declared the Public Meeting closed. Pat Kemp, CAO/Deputy Clerk 6