GRAVENHURST COMMITTEE OF ADJUSTMENT
Transcription
GRAVENHURST COMMITTEE OF ADJUSTMENT
GRAVENHURST COMMITTEE OF ADJUSTMENT FOR CONSENTS AND MINOR VARIANCES ***** A G E N D A ***** WEDNESDAY, JANUARY 20, 2016 at 6:00 p.m. in the Gravenhurst Municipal Office – Council Chambers ******************** PAGE 1. ADOPTION OF AGENDA 2. ADOPTION OF MINUTES: 3. DISCLOSURE OF PECUNIARY INTERESTS 4. UNFINISHED BUSINESS a) 5. 6. B/19/20/2015/GR NOVEMBER 18, 2015 GRAY & JOINT PT INC. 2 10 APPLICATIONS FOR MINOR VARIANCE a) A/33/2015/GR ROCHWERG, Evelyn 16 b) A/34/2015/GR STINSON, Charles & Malwina 22 c) A/36/2015/GR KAUFMAN, David & Elizabeth 27 d) A/37/2015/GR FERGUSON, Kenneth & Linda 33 ADJOURNMENT CA 2015.01.14 GRAVENHURST COMMITTEE OF ADJUSTMENT FOR CONSENTS AND MINOR VARIANCES WEDNESDAY, NOVEMBER 18, 2015 - 6:00 P.M. GRAVENHURST MUNICIPAL OFFICES COUNCIL CHAMBERS MINUTES PRESENT WERE: Committee Members Chair Bob Colhoun Randy Jorgensen John Dowdell Laura Meikle REGRETS: Graeme Murray Staff: Katie Kirton, Senior Planner Jeremy Rand, Senior Planner II Wanda Speicher, Recording Secretary and Deputy Secretary-Treasurer ------------------------------------------------------------------1. ADOPTION OF AGENDA Moved by Randy Jorgensen Seconded by Laura Meikle #72 BE IT RESOLVED THAT the Agenda as presented to the Committee of Adjustment on November 18, 2015, be adopted. CARRIED. 2. ADOPTION OF MINUTES Moved by Laura Meikle Seconded by Randy Jorgensen #73 BE IT RESOLVED THAT the Minutes of the Gravenhurst Committee of Adjustment meeting dated October 21, 2015, be adopted. CARRIED. Chair Colhoun advised that there is one item under Unfinished Business, two Consent Applications, and three Minor Variance Applications on the Agenda for Committee’s consideration. 3. DISCLOSURE OF PECUNIARY INTERESTS Nil. 2 4. UNFINISHED BUSINESS a) Application No. B/33/2014/GR – Christine JAMESON The Planner provided additional information relevant to the application and recommended that Application B/33/2014/GR be approved as amended. Committee requested clarification on the manner in which the application has been amended, detail concerning the land which the applicant will be purchasing from the Town to address the barn encroachment, and how the amendment will provide the applicant additional time in which to complete the Consent application. The Planner advised that the applicant’s lawyer had recommended an amended condition to clarify Committee’s expectation, that the required survey has been completed, and that 3.0 metres on three sides of the barn will be purchased. This should suffice for maintenance purposes. The Planner advised that the amendment would provide the applicant with another year to fulfill the conditions imposed. Moved by Randy Jorgensen Seconded by Laura Meikle #74 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.P.13, that Condition No. 5: That the existing Barn encroachment be addressed to the satisfaction of the Town, of the Consent Decision for Christine JAMESON, be changed as follows: CONDITIONAL ON: (5) That the Applicant take all the necessary steps, including obtaining a survey, to complete a purchase from the Town of Gravenhurst of the lands upon which the existing barn encroaches and sufficient land to permit compliance with setback requirements, to the satisfaction of the Town of Gravenhurst. REASONS: The application conforms with the requirements of the Gravenhurst Zoning By-law and the Gravenhurst Official Plan and will meet the requirements of all commenting agencies. CARRIED. 5. APPLICATIONS FOR CONSENT a) Application B/21/22/2015/GR – WILF KASZANITS ENTERPRISES LTD. 3 • • • • • • • Correspondence was received from: The Plans Examiner; The Director of Infrastructure; The Parks & Trails Technician; The Septic Inspector; The Fire Prevention Officer; The District of Muskoka; and, Hydro One. The Planner provided additional information relevant to the application and recommended that the application be deferred. Rick McCann, agent, expressed concern over the requirement for the completion of a Boundary Road Agreement between the District of Muskoka and the County of Simcoe, and Species at Risk. No public comments were received. The Committee also expressed concern regarding the timing of the Boundary Road Agreement. Further information on when the agreement matter will be resolved, and from which office entrance permits are required should be provided by the District of Muskoka. Moved by Randy Jorgensen Seconded by Laura Meikle #75 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.P.13, that Consent be Deferred for Application No. B/21/22/2015/GR – WILF KASZANITS ENTERPRISES LTD., pending the submission of an Environmental Impact Statement to address Species at Risk and for further consultation with the District of Muskoka regarding entrance permits. REASONS: To confirm adequate access and to ensure that there is no impact on Species at Risk habitat. CARRIED. b) • • • • • Application B/23/24/2015/GR – Mary Jean and John CLINE Correspondence was received from: The Septic Inspector; The Fire Prevention Officer; The District of Muskoka; Hydro One; and, Sarah Bale. 4 The Planner provided additional information relevant to the application and recommended that the application be approved. Rick McCann, agent, addressed the concerns of Mrs. Bale by explaining that although, essentially, a three lot configuration is being proposed on the lake, it is no more than what exists now for development. One of the benefits of going through the consent process is that site plan control can be utilized to implement the recommendations contained in the Environmental Impact Statement. If the lots sold were sold as they are, development of each would be less controlled. This application results in a net win from an environmental perspective. No public comments were received. The Committee had questions concerning whether dock locations would be limited, waterfront development percentage in relation to the Official Plan policies which state that only 10.0 percent of new development will be in the Waterfront Area, boat traffic concerns, and timing of site plan control. The Planner advised that the Environmental Impact Statement did not include recommended docking locations. This is only addressed if an area of concern is identified. A small area of Type One Fish Habitat was identified on the property. The Official Plan and Provincial Policies permit certain development. The Planner advised that we have not, in the past, tracked rural versus waterfront development. The lake capacity is looked at through the Lake Health Study with the District of Muskoka. Phosphorous loading is critical. This proposal meets all policies. The Planner advised that we cannot restrict boat traffic on a lake. The Zoning By-law has shoreline development regulations concerning lakefront amenities related to boating. There are no specifics concerning the general threshold of boats for this lake. The Planner advised that a Site Plan Agreement is only required prior to issuance of a building permit. The related Zoning Amendment will ensure protection of the first 30.0 metres of land from the water, as recommended by the Environmental Impact Statement. Meandering pathway and stairs are permitted. Site Alteration and Tree Preservation By-laws are also in place. Moved by John Dowdell Seconded by Laura Meikle #76 BE IT RESOLVED THAT having had regard to the matters prescribed under Section 53(12) of The Planning Act, R.S.O. 1990, c.P.13, that Consent be Granted for Application No. B/23/24/2015/GR – Mary Jean and John CLINE CONDITIONAL ON: 5 (1) A Deed and Schedule/Certificate of Consent for the severed lot be submitted to the SecretaryTreasurer (including all rights-of-ways, easements and the shared driveway), along with a registered (paper) copy of the reference plan. (2) A digital drawing file of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town. A fee per lot being created be paid, in accordance with the current Fees and Services Charges By-law. (3) Cash-in-lieu of parkland dedication be paid to the Town of Gravenhurst in the amount of 5%. (4) The subject lands be brought into conformity with the Zoning By-law by means of the lands being zoned for their intended use, including the requirement for a 30.0 metre vegetative buffer along the shoreline and the identification of development envelopes. (5) Unopened Road Allowance Closure Application No. RC-01-2013 be completed, including the required land swap and payment. The Road Allowance bisecting the subject lands shall be merged with the abutting lands. (6) The three lots subject to this application be merged, including the Road Allowance bisecting the subject lands. Confirmation that all lands have merged shall be provided to the Town by way of Legal advice. REASONS: The application will conform with the requirements of the Gravenhurst Zoning By-law and the Gravenhurst Official Plan and will meet the requirements of all commenting agencies. CARRIED. APPLICATIONS FOR MINOR VARIANCE 6. a) • • • • • • • Application A/29/2015/GR – Allyn ABBOTT Correspondence was received from: The Plans Examiner; The Parks & Trails Technician; The Fire Prevention Officer; The Emergency Planning Coordinator; The District of Muskoka; Union Gas; and, Bruce and Wendy Cleland. The Planner provided additional information relevant to the application, and recommended that the application be approved. Shea Greenleaf, agent, was present. 6 No public comments were received. The Committee had no questions or comments. Moved by Laura Meikle Seconded by John Dowdell #77 BE IT RESOLVED THAT Application No. A/29/2015/GR – Allyn ABBOTT, be approved and that the necessary Notice of Decision be prepared. CARRIED. b) • • • • • • • Application A/31/2015/GR – Ronald and Joanne SIMPSON Correspondence was received from: The Plans Examiner; The Director of Infrastructure; The Parks & Trails Technician; The Septic Inspector; The Fire Prevention Officer; The Emergency Planning Coordinator; and, Trent-Severn Waterways/Parks Canada. The Planner provided additional information relevant to the application, and recommended that the application be approved. Rick McCann, agent, explained that a variance had been requested and granted previously to build closer to the road because of the terrain. Blasting was involved to site the building. The owner had been to the property when the foundation had been installed. The poured foundation, because of the uneven nature of the rock and blasting, forced the building up. Construction continued and the owners are now asking for permission to exceed height. The neighbors are not disagreeing with the proposal. No public comments were received. The Committee had no questions or comments. Moved by John Dowdell Seconded by Randy Jorgensen #78 BE IT RESOLVED THAT Application No. A/31/2015/GR – Ronald and Joanne SIMPSON, be approved and that the necessary Notice of Decision be prepared. CARRIED. 7 c) • • • • • • • • • Application A/32/2015/GR – Helene KORN Correspondence was received from: The Plans Examiner; The Parks & Trails Technician; The Septic Inspector; The Fire Prevention Officer; The Emergency Planning Coordinator; Joseph Virball; Robert S. Kinnear; Michael Wise; and, Hedy Chandler. The Planner provided additional information relevant to the application, and recommended that the application be approved, conditional upon the applicant applying for a Site Plan Agreement Amendment. Rick McCann, agent, provided his rationale for the application and responded to the concerns expressed in the comments submitted. Joe Virball expressed concerns with tree removal, failure to plant new trees, proposed excessive height, and short notice provided for the application’s public hearing. No further public comments were received. The Committee requested further information on why the height regulation cannot be met, questioned whether fill could be utilized to meet the height regulation, expressed concern about the waterfront and its naturalization, and requested clarification on how we ensure naturalization is completed. A discussion ensued regarding the method in which height is measured, how fill can be utilized for a structure to meet a height regulation, the terrain specifics of the subject property including the presence of a lawn near the water, the Zoning By-law requirement for 75.0 percent of the Shoreline Development Area to remain in a natural state, the definition of natural state, how the preservation of this natural state is monitored, a timeline to create the re-vegetated areas, and who designs a planting plan. The Planner advised that if the Committee is looking for more of a guarantee, the proposed condition could be amended to specify that the planting plan must be prepared by a qualified biologist and the plan must be signed off on by a biologist. This would provide an assurance that a qualified biologist would be involved to ensure the best outcome. The Planner prepared and read an amended resolution. 8 Mr. McCann agreed with the amended resolution. Moved by Randy Jorgensen Seconded by John Dowdell #79 BE IT RESOLVED THAT Application No. A/32/2015/GR – Ronald and Joanne SIMPSON, be approved and that the necessary Notice of Decision be prepared, conditional upon the applicant applying for a Site Plan Agreement Amendment for the subject lands to include a satisfactory planting plan to be prepared by a professional Biologist for the area within 20.0 metres of the Optimal Summer Water Level. Furthermore, a condition shall be included in the Site Plan Agreement to require confirmation that the planting plan has been completed to the satisfaction of the Biologist be submitted to the Town within one year of Occupancy being issued. CARRIED. The Committee requested that staff forward a letter to the District of Muskoka concerning the delay in providing comments to municipal staff, and the need for the agreement between the District of Muskoka and the County of Simcoe to be expedited for Application No. B/21/22/2015/GR, Wilf Kaszanits Enterprises Ltd. 7. ADJOURNMENT The motion to adjourn was moved by John Dowdell and seconded by Laura Meikle. meeting adjourned at 7:26 p.m. Bob Colhoun Chair Wanda Speicher Deputy Secretary-Treasurer :ws 9 The THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Katie Kirton, Senior Planner Date: January 20th, 2016 Subject: B/19/20/2015/GR; GRAY & JOINT PT INC. RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT consent be granted, provided that the requirements of the following conditions are satisfied: (1) A Deed and Schedule/Certificate of Consent for the severed lot be submitted to the Secretary-Treasurer (including all rights-of-ways), along with a registered (paper) copy of the reference plan. (2) A digital drawing file of the reference plan, compatible with AutoCad Version 13, shall be provided to the Town. A fee per lot being created be paid, in accordance with the current Fees and Services Charges By-law. The proposed lot addition shall be added to the abutting lands to the abutting lands, and Section 50(3) of the Planning Act, R.S.O. 1990, Chapter P.13, shall be applied to all future transactions. PURPOSE The purpose of this report is to provide background information and recommendations related to a change of conditions related to Consent Applications B/19/20/2015/GR. The applications for two lot additions were submitted in order to correct existing structural and driveway encroachments. The original application was approved at the Committee Adjustment on October 21, 2015. The applicant is now requesting a change of conditions. As proposed, there are no changes to the intent of the conditions; the change is related to the lands to which the conditions apply. Severed Lot #1 would be changed to Retained Lot # 1 and vice versa. A location map and Schedule are attached. PROPERTY INFORMATION a) Lot Dimensions: 1865 North Muldrew Lake Road Lot Area: 1.4 hectares Lot Frontage: 64.3 metres 1829 North Muldrew Lake Road Lot Area: 1.4 hectares Lot Frontage: 109.2 metres 10 b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: North Muldrew Lake Road (Muldrew Lake) d) Fish Habitat: The property is located adjacent to Type 1 fish habitat and unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics: A site inspection was conducted on October 9, 2015 by Jeremy Rand & Katie Kirton. f) Surrounding Land Uses: The surrounding land uses are residential waterfront in nature. g) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D2.4 Unless otherwise specified in this plan, new lots shall have a minimum of 60 metres of frontage on a publicly year-round maintained road or navigable waterway and an area of 0.8 hectares under ideal development conditions. Larger lots will be required in many circumstances to fulfill the other requirements of this Plan. 11 D4.3.1 The creation of a new lot on Muldrew Lake is subject to the following policies: a) backlot development shall not be permitted on the peninsulas between parts of the lake; b) the minimum lot frontage shall be 120.0 metres; c) where the lot is abutting a narrow waterbody, the minimum lot frontage shall be 150.0 metres; d) the creation of a new lot to divide existing residential dwellings may be permitted provided that each lot meets the requirements of Sections D1.5 and D2.4. The proposal would not result in new lot creation; however the resultant lots would maintain the minimum lot frontage and area requirements of Zoning By-law 10-04, as amended. D4.3.4 The permitted uses for lands within the Muldrew Lake designation shall be limited to single detached dwellings, mainland waterfront landings for water access and existing commercial uses. The use of the subject lands will remain as single detached residential waterfront, which complies with the permitted uses on Muldrew Lake. Staff are of the opinion that the application meets the intent and policies of the Town of Gravenhurst Official Plan. Zoning By-law 10-04 Current Zoning: Residential Waterfront Zone (RW-6E) & Environmental Protection Zone (EP) CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Sketch 12 RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Senior Planner Approved by: Scott Lucas, Director of Development Services & Acting Chief Administrative Officer KK:sf 13 KEY MAP TURTLE LAKE NO Subject Properties RT H NORTH MULDREW LAKE EW LA KE R A NI PE DR PE N IN SU L JU MU L MIDDLE MULDREW LAKE 0 70 140 ® 280 1:7,982 1:7,982 420 560 Metres 14 Proposed Consent Application B/19/20/2015/GR GRAY, Douglas & JOINT PT INC Part of Lots B & C, Concession 14 in the former Township of Wood now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 53, 77, 78, 81, 82 & Pt of Part 55, Plan BR 895 and Parts 1, 2 & 4, Plan 35R-17320 municipally known as 1829 & 1865, N Muldrew Lk Rd Roll Nos. 020-043-03600 & 020-043-04000 j 0 I:, .1 F N ,‘/2 N rAjr-,> PART 78 CONCESSiON 1 4 12 I2ci5i V 7- \ P L A N PART 80 V V JF:N,fiI flNG 7- PART 80 LOT B . — 0 1 M B R W Ai 32,’ N ç2bIS’ N (X)NCESSIC)N 1 4 N N N N ‘: -— a ‘‘: F SCHEDULE Proposed Consent Application No. B119120/20151GR GRAY, Douglas & JOINT PT INC Part of Lots B & C, Concession 14 in the former Township of Wood now in the Town of Gravenhurst District Municipality of Muskoka Being parts 53, 77, 78, 81, 82 & Pt of Part 55, Plan BR 895 and Parts 1, 2, & 4, Plan 35R -1 7320 municipally known as 1829 & 1865 North Muidrew Lake Road Roll No. 020-043-03600 & 020-043-04000 Date: December 23, 2015 9 Muu 15 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Katie Kirton, Senior Planner Date: January 20th, 2016 Subject: A/33/2015/GR; ROCHWERG, Evelyn RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Minor Variance Application A/33/2015/GR be approved. PURPOSE The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/33/2015/GR. The application was submitted in order to permit a Dwelling with a minimum Side Yard (east side only) of 4.6 metres instead of the permitted 6.0 metres as well as a Setback to the Optimal Summer Water Level of 22.0 metres, instead of the required 30.0 metres. The proposed variances would permit a 16.8 square metre addition to the easterly side of the Dwelling. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.2 hectares Lot Frontage: 41.6 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Muriel Crescent d) Fish Habitat: The property is located adjacent to unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. 16 e) Site Inspection and Characteristics: A site inspection was conducted in December, 2015 by Katie Kirton and Jeremy Rand. The property slopes steeply to the shoreline and is generally in a natural state outside of the existing development with a mixture of rock, and low lying and mature vegetation. f) Surrounding Land Uses: The surrounding land uses are residential waterfront. g) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area and is located within a Narrow Waterway, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and littoral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed 17 shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline. The property will be subject to Site Plan Control in order to maintain the existing vegetation in a natural state, particularly along the steep slopes between the Dwelling and shoreline. I1.4.9 Steep Slopes and Ravines The following development criteria shall apply to development proposed within the Steep Slopes and Ravines Area, as identified on Schedule B, or as identified by municipal staff during a site visit. a) It shall be the policy of this Plan to limit development on Steep Slopes. Development of these areas can be hazardous to structures as well as the visual integrity of the landscape. b) Where development is proposed on slopes greater than 20 percent but less than 40 percent existing vegetation must be substantially retained. If vegetation cannot be substantially maintained, a Site Evaluation Report shall be completed to the satisfaction of the Town of Gravenhurst and the recommendations implemented in the development approval process. c) Where development is proposed on slopes 40 percent or greater, a Site Evaluation Report will be required in accordance with Section I1.4.30; d) Development on Steep Slopes or Ravines shall be subject to Site Plan Control. The proposed development would be located adjacent to an area of steep slopes and would not have a direct impact on the steep slopes. Through a Site Plan Agreement the owner would be required to maintain the existing vegetation along the shoreline, including on the steep slope. The retention of vegetation would further serve as a buffer to screen the development when viewed from the lake. I1.4.10 Boat Channel Protection Areas The following development criteria shall apply to lands as identified on Schedule B as Boat Channel Protection Areas. a) For the purpose of this Plan, areas on Waterbodies where the distance from shoreline to shoreline is less than 150.0 metres or where the distance from shoreline to shoreline on a river is less than 30.0 metres shall be considered Boat Channel Protection Areas. b) Boat Channel Protection Areas include narrow channels, bays, inlets and outlets and other areas where development of the shoreline might create a hazard to water travel. Within Boat Channel Protection Areas the development of docks, boathouses, boat ports or any other shoreline oriented structure may be restricted to ensure the safe navigation of the waterway. The Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. 18 c) Where new lot creation is proposed adjacent to a Boat Channel Protection Area, lot frontages may be increased to ensure that the density, water quality, navigation, aesthetics, channel congestion and views are not negatively affected. In addition to increasing the frontage requirements for development the Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. The property is located within a Narrow Waterway. The proposed development would be located a minimum of 22.0 metres from the shoreline and will be buffered with mature vegetation when viewed from the lake. No development is proposed along the shoreline therefore there would be no impact on navigation. Zoning By-law 10-04 Current Zoning: Residential Waterfront (RW-6B) subject to Special Provision 792 (S792) The proposed Minor Variance would have the effect of permitting a reduced easterly Side Yard Setback of 4.6 metres instead of the required 6.0 metres and a reduced setback to the Optimal Summer Water Level of 22.0 metres instead of the required 30.0 metres for a small addition to the Dwelling. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Senior Planner Approved by: Scott Lucas, Director of Development Services KK:ws 19 KEY MAP MURIEL PINE LAKE 116 6 MU RIE B OOT H L Subject Property PINE LAKE S MERGAN 0 25 50 ® 100 1:3,000 1:3,000 150 ER Minor Variance Application A/33/2015/GR ROCHWERG, Evelyn Lot 14 and Part of Lot 13, Plan 24 in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka being Part 2, Plan 35R-23438 Municipally known as 1149 Muriel Crescent Roll No. 020-032-06200 200 Metres 20 . I REQUIRE hitS DATE: . . - . DISTRICT 1) ThIS SUREY AND ACT THE SUR’dEYORS UNDER THEM. 2) ThE SUR’’EY WAS NOVEMBER 29, 2010. BRAcEBRIDGE. ONTAR P/NE FERENCE LAKE II DISTANCES SCHEDULE Minor Variance Application No. N33/2015/GR ROCHWERG, Evelyn Lot 14 and Part of Lot 13, Plan 24 in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Part 2, Plan 35R-23438 municipally known as 1149 Muriel Crescent Roll No. 020-032-06200 Date: January 8, 2016 ARE IN METRES AND CAN BE CONVERTED 10 FEET BY DIVIDING BY 0.3048 UTN GRID DERIVED FROM SIMULTANEOUS GPS OBSERVAT1ONS ON AND 8, HAVING A GRID BEARING OF N 51 35’ 55 E, NAD83 (cs*lS) II DISTANCES ON ThIS Pt.AN ARE HORIZONTAl. GROUND DISTANCES AND CAN SE CONVERTED TO DISTANCES D BY MULT1PI.’tlNG BY A COMBINED SCALE FACTOR OF 0.99978. (8I.WLONG D_J RED TO THE CENTRAL MERIDIAN OF UTM ZONE 17 21 rt’a. Nc THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: January 20, 2016 Subject: A/34/2015/GR; STINSON, Charles & Malwina RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Minor Variance Application A/34/2015/GR be approved. PURPOSE The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/34/2015/GR. The application was submitted in order to facilitate the construction of a Garage proposed at a 26.0 metre Setback form the Optimal Summer Water Level instead of the required 30.0 metres. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 4,765.0 square meters Lot Frontage: approx. 88.0 metres b) Servicing: Private water supply and private sewage system. c) Access: Privately maintained road: White Eagle Road d) Fish Habitat: The property is located adjacent to Type 1 fish habitat and unidentified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. 22 e) Site Inspection and Characteristics: A site inspection was conducted in December 2015 by Jeremy Rand and Katie Kirton. The subject property contains a Dwelling with Decking as well as a Dock and Gazebo. The property is well treed along the property boundaries. The area where the Garage is proposed contains a grassy area. f) Surrounding Land Uses: Surrounding land uses area residential waterfront in nature consisting of lots similar in size to the subject property. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area as identified in the Town of Gravenhurst Official Plan. Section S2.1 of the Plan outlines policies related to preservation of vegetation in the Waterfront Area and states that New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litoral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. 23 As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline. The proposed garage is located 26.0 metres form the Optimal Summer Water Level and would not affect vegetation removal within 20.0 metres of water. Staff are of the opinion that the proposal conforms to the intent and policies of the town of Gravenhurst Official Plan. Zoning By-law 10-04 Current Zoning: residential Waterfront Zone (RW-6F) The proposed variance would have the effect of permitted a Garage with a minimum setback to the Optimal Summer Water Level of 26.0 metres instead of the required 30.0 metres. Staff are of the opinion that the proposal is in keeping with the intent of the zoning by-law. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Senior Planner JR:sf 24 KEY MAP N LA IS KAHSHE LAKE D Subject Property 18 KL KAHS HE LA KE E W LAK HI TE EA HE HS GL E KA KA 200 1:6,000 1:6,000 300 GE R E 50 100 K LA 0 ® RO HE HS LA R Minor Variance Application A/34/2015/GR STINSON, Charles and Malwina Lot 14 and Part of Lot 13, Plan 35M-440 in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Part 2, Plan 35R-21065 Municipally known as 1069 White Eagle Rd. Roll No. 030-019-02000 400 Metres 25 iLl - 0 N 33O. am C’4 (N 0 z SC H E D U L E Minor Variance Application No. A134/2015/GR STINSON, Charles and Malwina Lot 14 and Part of Lot 13, Plan 35M-440 (Kahshe Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Part 2, Plan 35R-21065 municipally known as 1069 White Eagle Road Roil No. 030-019-02000 \ Date: January 8, 2016 METRIC 26 LO W)-4ITE EACL RID I4OO THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Katie Kirton, Senior Planner Date: January 20th, 2016 Subject: A/36/2015/GR; KAUFMAN, David and Elizabeth RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Minor Variance Application A/36/2015/GR be approved conditional on the applicant providing a shoreline revegetation plan, prepared by a qualified professional to the satisfaction of the Town. The plan shall be implemented through Site Plan Control. PURPOSE The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/36/2015/GR. The application was submitted in order to permit an increase in Lot Coverage from the existing 13.5% to 14.0%, to relieve the property from the Maximum Dwelling Width provision and to permit a reduction in the Minimum Dwelling Side Yard Setback from the existing 5.0 metres to 3.0 metres (west side only). The variances would permit the enclosure of an existing porch on the west side of the Dwelling, an addition to the front of the Dwelling and a new Deck on the front of the Dwelling PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.2 hectares Lot Frontage: 38.1 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Pinetree Road (Loon Lake) 27 d) Fish Habitat: The property is located adjacent to unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics: A site inspection was conducted in December, 2015 by Katie Kirton and Jeremy Rand. f) Surrounding Land Uses: The surrounding uses are residential waterfront. g) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area and is partially located within a Narrow Waterway, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and littoral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. 28 As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline. The shoreline appears to be void of vegetation. When staff conducted a site inspection it was difficult to determine the amount and type of shoreline vegetation due to snow cover, however some bedrock was evident directly along the shoreline. It appears from the 2013 aerial photography that there may be an opportunity for the owner to revegetate the shoreline. Staff would recommend that the variance be conditional upon the applicant providing a revegtation plan prepared by a qualified professional. The revegetation plan shall bring the property into compliance with Section 5.23.1 of the Zoning By-law which states: 5.23.1 A minimum 75.0% of the area of land 20.0 metres wide abutting and running parallel to the Optimal Summer Water Level shall contain a Shoreline Buffer. The Official Plan further identified the subject lands as fronting on a Narrow Waterway therefore the following policy would be applicable: I1.4.10 Boat Channel Protection Areas The following development criteria shall apply to lands as identified on Schedule B as Boat Channel Protection Areas. a) For the purpose of this Plan, areas on Waterbodies where the distance from shoreline to shoreline is less than 150.0 metres or where the distance from shoreline to shoreline on a river is less than 30.0 metres shall be considered Boat Channel Protection Areas. b) Boat Channel Protection Areas include narrow channels, bays, inlets and outlets and other areas where development of the shoreline might create a hazard to water travel. Within Boat Channel Protection Areas the development of docks, boathouses, boat ports or any other shoreline oriented structure may be restricted to ensure the safe navigation of the waterway. The Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. c) Where new lot creation is proposed adjacent to a Boat Channel Protection Area, lot frontages may be increased to ensure that the density, water quality, navigation, aesthetics, channel congestion and views are not negatively affected. In addition to increasing the frontage requirements for development the Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. The proposed development would be located a minimum of 16.0 metres from the shoreline. No development is proposed directly along the shoreline therefore there would be no impact on navigation. 29 Zoning By-law 10-04 Current Zoning: Residential Waterfront (RW-6D) The proposed amending Minor Variance would have the effect of permitting an increase in Lot Coverage from the existing 13.5% to 14.0%, relieving the subject lands from the Maximum Dwelling Width provision and permitting a reduction in the Dwelling Side Yard Setback from the existing 5.0 metres to 3.0 metres (west side only). The variances would permit the enclosure of an existing porch on the west side of the Dwelling, an addition to the front of the Dwelling and a new Deck on the front of the Dwelling. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Senior Planner Approved by: Scott Lucas, Director of Development Services KK:ws 30 KEY MAP LO O LOON LAKE N PI N TURTLE LAKE 0 20 40 80 1:3,000 1:3,000 120 KE RD -N 4 Subject Property IS LA N ® LA ET RE E RD -S D 5L N 1 Minor Variance Application A/36/2015/GR KAUFMAN, David and Elizabeth Part of Lot 31, Concession 5 (Loon Lake) in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 38, Plan M-388 Municipally known as 73 Pinetree Road Roll No. 020-026-06100 160 Metres 31 (V 4 -j 43q4% 1• SCHEDULE Minor Variance Application No. A/361201 5/GR KAUFMAN, David and Elizabeth Part of Lot 31 Concession 5 (Loon Lk) in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 38, Plan M-388 municipally known as 73 Pinetree Rd Roll No. 020-026-06100 Scale: 1:250 Date: January 8,2016 c-r (__• -l 1-cR, \\i - kAu e. r— .JCLO5 xiS’rLc PRC%4- E \ 7 J ‘ -Lç 1’ 32 I-. r4 ‘.‘L THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: January 13, 2016 Subject: A/37/2015/GR; FERGUSON, Kenneth & Linda RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Minor Variance Application A/37/2015/GR be approved. PURPOSE The purpose of this report is to provide background information and recommendations related to Minor Variance Application A/37/2015/GR. The application was submitted in order to construct a covered porch at the front of the dwelling. The addition would result in a Front Yard setback of 3.0 metres instead of the required 6.0 metres. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 826.7 square metres Lot Frontage: 20.0 metres b) Servicing: Municipal water supply and municipal sewage system. c) Access: Municipally maintained road: Hughson Street 33 d) Site Inspection and Characteristics: A site inspection was conducted in December 2015 by Jeremy Rand and Katie Kirton. The subject property is located on the corner of Hughson and Bay Street. The property contains a Single Detached Dwelling with an attached car port. The westerly side of the property at Bay Street slopes down towards street and no direct access is provided to Bay Street. e) Surrounding Land Uses: Surrounding land uses are urban residential in nature. Lots to the east contain setbacks greater than what exists on the subject lot. The dwelling on the lot directly across the road to the south of the subject lands contains an existing setback to the roadway similar to the proposed setback on the subject lands. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Urban Residential Area as identified in the Town of Gravenhurst Official Plan. Staff have reviewed the policies of the Town’s Official Plan and are of the opinion that the application conforms to the intent and policies of the Plan. Zoning By-law 10-04 Current Zoning: Commercial Core Zone (C-1) The proposed amending Minor Variance would have the effect of permitting a proposed covered porch with a setback of 3.0 metres instead of the required 6.0 metres. Given the nature of the surrounding development, including the dwelling immediate across the road on Hughson St, staff are of the opinion that the proposal is in keeping with the character of the neighbouhood and would meet the intent of the Zoning By-law. 34 CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within 60.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule(s) RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Senior Planner JR:sf 35 KEY MAP EAV WN ETT CHEROKEE E Subject Property BURNETT H HUG S ON T H M ON ND WA AM IR CLA A SAR BAY ILLE R 0 15 30 ® 60 1:2,000 1:2,000 90 Minor Variance Application A/37/2015/GR FERGUSON, Kenneth and Linda Lot 17, Plan 8 in the Town of Gravenhurst District Municipality of Muskoka Municipally known as 620 Bay Street Roll No. 010-012-10100 120 Metres 36 Y MAR GR BRO - LOT DIMENSIONS: LOT AREA MAX COVERAGE @45%: EXISTING COVERAGE SITE STATISTICS - 154.1 m2-existing - 23 5 m2 sheds - 28.6 m2 carport 20.12 mx 41.04 m 826.7 m2 372 0 m2 102.0 m2 dwelling SjHEOULE Minor Variance Application No. N37/2015!GR FERGUSON, Kenneth and Linda Lot 17, Plan 8 in the Town of GravenhurSt District Municipality of Muskoka municipally known as 620 Bay Street Roll No. 01 0-01 2-1 01 00 Scie: 1 :2o0 Date: January 8, 2016 37 FINAL TOTAL 197.4 m2 24% 43.3 m2 PROPOSED ADDITIONAL COVERAGE 10.8 riO Front Porch 14.3 m2 Side Porch 18.2 m2 Deck SHEET 1 OF 13- SCALE: i 2o DATE: December 1115 SITE PLAN BY. K W Ferguson, P.Eng REVtSED: INTERIOR & EXTERIOR RENOVATIONS 620 BAY STREET, Gravenhurst, ON D c, ‘20