DYSART ET AL Committee of Adjustment June 10, 2015 at 11:00 a.m. Council Chambers, Haliburton, Ontario

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1 DYSART ET AL Committee of Adjustment June 10, 2015 at 11:00 a.m. Council Chambers, Haliburton, Ontario Page ADOPTION OF MINUTES 2. DECLARATION OF PECUNIARY INTEREST 3. PUBLIC HEARINGS D13-MV Haliburton Highlands Health Services of Haliburton Country Road #1 Township of Dysart Agent: Salter Pilon Architecture Inc. D13-MV Lipman Big Barnum Lake - Barnum Lake Drive Township of Dudley Agent: Jay Lipman D13-MV Elstone Eagle Lake Road Township of Guilford Agent: N/A D13-MV Wilson Haliburton Lake - Haliburton Lake Road Township of Harburn Agent: N/A 4. ADJOURNMENT Page 1 of 43

2 Dysart et al Committee of Adjustment Minutes Wednesday, April 8, 2015 The Committee of Adjustment of the Corporation of Dysart et al convened a meeting on Wednesday, April 8, 2015 at 11:00 a.m. in the Dysart et al Council Chambers with the following in attendance: Members: Staff: Public Present: Don Popple, Chairman Dennis Casey Councillor Nancy Wood-Roberts Councillor Walt McKechnie Jeff Iles Secretary Treasurer ADOPTION OF MINUTES Motion No Moved by: Walt McKechnie Seconded by: Dennis Casey CARRIED Be it resolved that the minutes of the meeting of February 11, 2015 be adopted as circulated. DECLARATION OF PECUNIARY INTEREST There were no pecuniary interests declared. PUBLIC HEARINGS The Chairman introduced the Committee and advised those in attendance of the procedure that would be followed. Page 2 of 43

3 D13-MV Ontario Inc. (Granite View) Lake Avenue Township of Dysart Agent: Greystone The Chairman declared this portion of the meeting to be a public hearing with respect to the above noted application. The applicant did not attend to discuss the application. The Committee reviewed the planning report dated April 7th, 2015 and discussed the application. The Chairman than asked the Secretary if there was any correspondence on the application. The Secretary answered that there was not. The Chairman than asked if there was anyone in attendance who wanted to comment on the application. There was no response. After a brief discussion the Committee passed the following resolution: Motion No Moved by: Nancy Wood-Roberts Seconded by: Dennis Casey CARRIED Be it resolved that the Committee's decision with respect to file D13-MV ( Ontairo Inc. - Granite View) be recorded as follows: a) A variance to the provisions of Section to permit a lot in the R3-12 zone to have a minimum parking space requirement of 1.37 spaces per dwelling unit, as opposed to the minimum required 1.45 spaces per dwelling unit (as per minor variance D13-MV ) is granted. (ref Ontario Inc.- Roll No ) Page 3 of 43

4 ADJOURNMENT Motion No Moved by: Nancy Wood-Roberts Seconded by: Dennis Casey CARRIED Be it resolved that the meeting be adjourned at 11:05 AM. Certified Correct Chair Secretary Page 4 of 43

5 PLANNING REPORT June 9 th, 2015 REPORT AUTHUR: REVIEWED BY: APPLICATION NO: REGISTERED OWNER: AGENT'S NAME: Jeff Iles Patricia Martin, Director of Planning and Development D13-MV Haliburton Highland Health Services Salter Pilon Architecture Inc. PROPERTY DESCRIPTION: Part Lot 12, Concessions 7 & 8, Block A, Lots 27 & 28, Plan 405, Plan 362 Township of Dysart ROLL NO.: FOUR TESTS: To grant a requested variance, the Committee of Adjustment must determine that the application satisfies each of the four tests as outlined by the Planning Act as follows: 1. The requested variance(s) must satisfy the general intent of the Official Plan; 2. The requested variance(s) must satisfy the general intent of the Zoning By-law; 3. The requested variance(s) must be considered minor in nature; and 4. The requested variance(s) must be desirable for the development of the land. (1) BACKGROUND: The applicants would like to construct a 1 storey addition to the hospital for the purpose of palliative care. The addition will be approximately 16.5 metres (55 feet) x 7.9 metres (26 feet) for a ground floor area of 119 square metres (1285 square feet). The proposed addition will have a minimum interior side lot line setback of 1.6 metres (5.2 feet) from a residential property which does not comply with the required minimum of 10.5 metres (34.45 feet). The proposal will also have a planting strip width of 0.28 metres (0.9 feet) which does not comply with the required minimum of 3 metres ( feet). The proposed addition for a new palliative care unit will benefit the public. The applicants note that the entrance located along the interior side lot line will have minimal traffic and will be limited to palliative care patient s guests that have been given permission and for outside workers who are moving palliative care patients in and out of the facility. File D13-MV : Haliburton Highland Health Services Page 1 of 5 Page 5 of 43

6 Staff has some concerns that the proposed addition is not screened from the neighbouring property. Staff encourages the Committee to inspect the property to determine whether there is suitable screening for the proposed building location. The comments from the adjacent neighbours (who have submitted a letter of concern) should factor into the decision. The Committee may want to ensure that their questions are answered and their concerns are resolved. The committee may want to discuss the following concerns: 1. Will the applicants be able to construct the proposed additions and perform future maintenance (eg. use a ladder) without trespassing onto the neighbouring property? 2. If the neighbouring property owners have privacy concerns, the Committee may want to discuss a condition stating that a vegetation buffer or privacy fence be constructed (at the applicant s expense) to screen the addition. Perhaps additional vegetation can be constructed on the neighbour s property. 3. The Committee may also want to discuss a condition stating that no entrance, deck or walkway be permitted along the shared lot line. This may be appropriate to minimize the impact of the requested side yard setback and allow the planting strip width to be an appropriate width. Two minor variances are required to permit construction of an addition to a hospital on a lot located in the IR zone. (2) REQUESTED VARIANCES: The following variances are requested to permit the construction of an addition to a hospital on a lot located in the IR zone: a) A decrease to the provisions of Section 6.2 to permit an addition to a hospital to have a minimum interior side lot line setback of 1.5 metres (5 feet) abutting a residential zone as opposed to required minimum of 10.5 metres (34.45 feet). b) A decrease to the provisions of Section 6.2 to permit an addition to a hospital to have a minimum planting strip width of 0.25 metres (0.8 feet) abutting a residential zone as opposed to required minimum of 3 metres ( feet). (3) SITE DESCRIPTION: Building Department Staff visited the property for the purpose of photographs. a) Lot Dimensions: Frontage: 123 metres (403 feet) Area: hectares (7.122 acres) b) Existing Development: Hospital c) Proposed Development: One storey palliative care addition (1285 square feet) d) Frontage: Grass Lake File D13-MV : Haliburton Highland Health Services Page 2 of 5 Page 6 of 43

7 e) Access: County Road 1 (Gelert Road) f) Shoreline Road Allowance: The applicants purchased a portion of the original road allowance bisecting their property via By-law They do not appear to own the shore line road allowance. (4) PROVINCIAL POLICY (a) Conformity: Generally, yes. (b) Applicable Policies: Policy 1.0 Policy Policy Policy 1.6 Policy Policy 2.1 Policy 2 Policy 2.2 Building Strong Healthy Communities Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Settlement Areas Infrastructure and Public Service Facilities Sewage and Water Services Natural Heritage Wise Management and Use of Resources Water (c) Comment: The proposal provides a service to the community as a health care centre. Critical fish habitat has been identified in front of these lands. Where a proposal is to construct new development or to add to existing development, the Municipality applies best management practices to protect aquatic resources. Specifically, a 20 metre water setback is applied to new and existing development to protect sensitive water resources and fish habitat. Vegetation buffers are important to the long term health of the lake. The proposed addition will be well setback from Grass Lake and does not further encroach into the water setback. (5) OFFICIAL PLAN DESIGNATION: Institutional Areas (a) Conformity: Generally, yes. (b) Applicable Policies: Section Section 4.6 Section 5.1 Section 11 Haliburton Village Service Area Lot Size and Shape Water Resources Institutional Areas (c) Comment: Privacy issues should be addressed as per Section 4.6 Lot Size and Shape. (6) PRESENT ZONING: Rural Institutional (IR) (a) Compliance: The lot complies with regards to the lot area and the lot frontage requirements. The requested variance is necessary if the Committee decides to permit construction of a palliative care addition to the hospital which is located in the IR zone. File D13-MV : Haliburton Highland Health Services Page 3 of 5 Page 7 of 43

8 (7) NOTICE AND CIRCULATION: Notice of the minor variance will be circulated to all persons and agencies required by regulation on May 26 th, The required advertisement will be placed in the local newspaper. Staff has received two letters of concern from the neighbours adjacent to the shared lot line. Below i have outlined some of the main concerns taken from the letters. The Kennedys who are the adjacent neighbour s have the following concerns: Proposed addition brings building too close to shared lot line; Reduction from 10.5 metres to 1.5 metres is unacceptable; The building and walkway are being squeezed onto a small building area; The planting strip being reduced to 0.25 m will greatly reduce the visual barrier; and The concrete retaining wall located 0.25 m from lot line will have an impact both visually but also on the property value. Mr. Peacock who owns the property adjacent to the Kennedys had the following concerns: He feels they are trying to shoehorn the 119 sq m addition in a narrow land area adjacent to the neighbouring property; The Zoning By-law setbacks are there specifically to prevent this type of encroachment at the whim of an influential public institution; It is municipality s responsibility to protect individual ratepayer property rights; Reducing the setback to a few feet will permanently impair the value of the adjacent property and diminish Grass Lake Road community enjoyment for all residents; Poor planning isn t a reason for a subsequent poor decision by the municipality; Any delays or additional costs are the result of a failure to take the current by-law requirements into consideration when planning the addition; and He notes that the Committee should reject this application and direct the applicant to modify the plans in line with existing setback requirements. (8) STAFF COMMENT AND RECOMMENDATION: The requested variances generally conform to Provincial Policy and to the provisions of the Official Plan. The comments of the neighbours should apply to the decisions. The Committee may want to site inspect this property to determine whether there is suitable screening for the proposed building location. Should the Committee decide to grant the requested variances, the following conditions would be appropriate: 1. These variances apply to a palliative care addition as shown generally on Property Sketches A and B dated April 28 th, 2015 and attached to the Decision. Any encroachment beyond the variances granted herein will require a further application for a minor variance. File D13-MV : Haliburton Highland Health Services Page 4 of 5 Page 8 of 43

9 2. The County of Haliburton Shoreline Tree Preservation By-law 3505 applies. The injuring or destruction of trees within 30 metres of the high water mark is not permitted. The exemptions noted in Section 3 of By-law 3505 apply. Furthermore, additional native shoreline planting is encouraged to screen the buildings, naturalize the shoreline and address environmental concerns. 3. That during construction, proper site preparation and construction methods be used to prevent sedimentation of the adjacent lake. Sediment fencing is to be installed down gradient of the construction site. The site is to be properly stabilized following construction to prevent erosion and sedimentation. 4. Prior to the pouring of the footings, the applicant must supply confirmation from an Ontario Land Surveyor that the footing locations comply with the interior side lot line setback. 5. No entrance or deck is permitted to be located on the side of the proposed building abutting the side lot line for which the variance was granted. 6. If the variance to reduce the planting strip width is granted, a privacy fence is to be constructed to screen the building. File D13-MV : Haliburton Highland Health Services Page 5 of 5 Page 9 of 43

10 Meadowview Rd County Road 21 LOT 11, CON 8 LOT 12, CON 8 LOT 13, CON 8 LOT 13, CON 8 Halbiem Cr Halbiem Cr µ Wallings Rd LOT 14, CON 8 Peninsula Rd LOT 10, CON 8 LOT 13, CON 8 County Road 21 Head Lake LOT 11, CON 8 Grass Lake Grass Lake Rd LOT 12, CON 8 LOT 14, CON 8 LOT 10, CON 8 LOT 11, CON 8 Birch Narrows Rd Subject Lands Gelert Rd LOT 10, CON 7 Lorne Ln LOT 11, CON 7 LOT 12, CON 7 LOT 13, CON 7 LOT 14, CON 7 Barnum Lake KEY MAP Minor Variance D13-MV Date: 27/05/2015 DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government. LOT 10, CON Meters LOT 11, CON 6 LOT 12, CON 6 Lands of Haliburton Highlands Health Services Part Lot 12, Concessions 7 and 8 Plan LOT , CON 6 Gelert Road Geographic Township of Dysart LOT 14, CON 6 Page 10 of 43

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21 PLANNING REPORT June 9 th, 2015 REPORT AUTHOR: REVIEWED BY: APPLICATION NO: REGISTERED OWNER: AGENT'S NAME: PROPERTY DESCRIPTION: Jeff Iles Patricia Martin, Director of Planning and Development D13-MV Yael Lipman Jay Lipman 1152 Barnum Lake Drive Part Lot 35, Concession 6 Part 33, Plan 19R-255 Township of Dudley ROLL NO.: FOUR TESTS: To grant a requested variance, the Committee of Adjustment must determine that the application satisfies each of the four tests as outlined by the Planning Act as follows: 1. The requested variance(s) must satisfy the general intent of the Official Plan; 2. The requested variance(s) must satisfy the general intent of the Zoning By-law; 3. The requested variance(s) must be considered minor in nature; and 4. The requested variance(s) must be desirable for the development of the land. (1) BACKGROUND: In 2010 the owner purchased the property located On Big Barnum Lake in Harcourt Park. She would like to construct an addition to her existing seasonal dwelling. However, upon applying for a building permit, it was determined that the existing cottage did not comply with the water setback. To obtain a building permit for the addition, the applicants must legalize the existing cottage. The existing seasonal dwelling has a water setback of 18.5 metres (60 feet) as opposed to the required minimum of 20 metres (65.62 feet) as defined in Section 5.2 of Zoning By-law The cottage, which is well screened from the lake was constructed in 1984 via building permit and has existed in that location for 30 years. The south end of the cottage appears to comply with the water setback. However, there is a small bay in front of the north end of the cottage which affects compliance. The proposed addition is on the north end of the File D13-MV Lipman Page 1 of 4 Page 21 of 43

22 cottage but is set back so that it will have a water setback of 19.5 metres (64 feet). It is located further from the lake than the existing cottage. The cottage is currently well screened from the lake. The owner has requested a minor variance to legalize the existing seasonal dwelling located on her property. (2) REQUESTED VARIANCES: The following variance is requested to legalize a seasonal dwelling on a property located in the WR4L-1 zone: a) A decrease to the provisions of Section 5.2 to permit a seasonal dwelling to have a minimum water setback of 18.5 metres (60 feet) as opposed to the required 20 metres (65.62 feet). (3) SITE DESCRIPTION: Building Department staff visited this site during the building permit process. a) Lot Dimensions: Frontage: /- metres (100 +/- feet) Area: hectares (0.44 acres) b) Existing Development: - a seasonal dwelling; c) Proposed Development: - addition d) Frontage: Big Barnum Lake e) Access: Barnum Lake Drive f) Shoreline Road Allowance: There does not appear to be a shoreline road allowance in front of this property. (4) PROVINCIAL POLICY (a) Conformity: Generally, Yes. (b) Applicable Policies: Policy Policy Policy 2.1 Policy 2.2 Rural Areas in Municipalities Sewage and Water Services Natural Heritage Water (c) Comment: Where a proposal is to construct new development or to add to existing development, the Municipality applies best management practices to protect aquatic resources. Specifically, a 20 metre water setback is applied to new and existing development to protect sensitive water resources and fish habitat. Vegetation buffers File D13-MV Lipman Page 2 of 4 Page 22 of 43

23 are important to the long term health of the lake. The variance is to legalize the location of a seasonal dwelling that has existed in that location for 30 years. It is well screened and protected by vegetation. (5) OFFICIAL PLAN DESIGNATION: Waterfront Areas (a) Conformity: Generally, yes. (b) Applicable Policies: Section Section Section 4.6 Section 5.1 Section 9 Importance of the Natural Environment Protection and Enhancement of the Environment Lot Size and Shape Water Resources Waterfront Areas (c) Comment: See comment under Provincial Policy. (6) PRESENT ZONING: Waterfront Residential Type 4L-1 (WR4L-1) (a) Compliance: The lot has legal non-complying status with regards to the lot area and lot frontage requirements. The variance is to legalize the location of a seasonal dwelling that has existed in that location for 30 years. (7) NOTICE AND CIRCULATION: Notice of the minor variance will be circulated to all persons and agencies required by regulation on May 26 th, The required advertisement will be placed in the local newspaper. No comments or concerns have been received as of the date of this report. (8) STAFF COMMENT AND RECOMMENDATION: Give the history of development on this lot, the requested variance generally conforms to Provincial Policy and to the provisions of the Official Plan. The comments of the neighbours should apply to the decision. However, should the Committee decide to grant the requested variances, the following conditions would be appropriate: 1. This variance applies to a seasonal dwelling as shown generally on the Property Sketches A & B dated February 13 th, 2015 and attached to the Decision. Any File D13-MV Lipman Page 3 of 4 Page 23 of 43

24 encroachment beyond the variance granted herein will require a further application for a minor variance. 2. The County of Haliburton Shoreline Tree Preservation By-law 3505 applies. The injuring or destruction of trees within 30 metres of the high water mark is not permitted. The exemptions noted in Section 3 of By-law 3505 apply. Furthermore, additional native shoreline planting is encouraged to screen the buildings, naturalize the shoreline and address environmental concerns. 3. During construction, proper site preparation and construction methods are to be used to prevent sedimentation of the adjacent lake. Sediment fencing is to be installed down gradient from the construction site. The site is to be properly stabilized immediately following construction to prevent erosion and sedimentation. File D13-MV Lipman Page 4 of 4 Page 24 of 43

25 Wiseton Dr KEY MAP D13-MV Lands of Lipman In Front of Lot 35, Concession 6 Lot 33, 19R-255 Big Barnum Lake - Barnum Lake Dr Township of Dudley Burleigh Rd Allen Lake µ Corylus Ln Kennaway Rd Allen Lake Dr Cohosh Ln Big Barnum Lake Barnum Lake Dr Little Barnum Lake Little Allen Lake Date: 2/17/2015 DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government Meters Page 25 of 43

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30 PLANNING REPORT June 9 th, 2015 REPORT AUTHOR: REVIEWED BY: APPLICATION NO: REGISTERED OWNER: AGENT'S NAME: PROPERTY DESCRIPTION: Jeff Iles Patricia Martin, Director of Planning and Development D13-MV David and Nancy Elstone N/A 2628 Eagle Lake Rd Part Lot 25, Concession 3 Part 1, 19R-8450 Township of Guilford ROLL NO.: FOUR TESTS: To grant a requested variance, the Committee of Adjustment must determine that the application satisfies each of the four tests as outlined by the Planning Act as follows: 1. The requested variance(s) must satisfy the general intent of the Official Plan; 2. The requested variance(s) must satisfy the general intent of the Zoning By-law; 3. The requested variance(s) must be considered minor in nature; and 4. The requested variance(s) must be desirable for the development of the land. (1) BACKGROUND: The owners would like to demolish and existing deck and reconstruct a covered porch on their property at the intersection of Eagle Lake Road and Haliburton Lake Road in Eagle Lake. The proposed covered porch will have an exterior side lot line setback from the street line for Haliburton Lake Road of 6.4 metres (21 feet) which does not comply with the required minimum of 7 metres (23.9 feet) as determined by Minor Variance D13-MV The proposed covered deck will also have a street setback from Haliburton Lake Road of 14 metres (46 feet) which does not comply with the required minimum of 22.5 metres (73.82 feet). The proposed covered deck will comply with all other setbacks. In 2006 the previous owners received variances (D13-MV ) for the following: Lot area: 0.43 ac (1740 square metres); Lot frontage: 23.7 metres (78 feet); Front lot line setback (dwelling): 5.5 metres (18.7 feet); Exterior side lot line setback (dwelling): 7 metres (23.99 feet); and Street setback (Eagle Lake Road): 155 metres (52 feet). File D13-MV Elstone Page 1 of 3 Page 30 of 43

31 A decision for this variance should be based on comments of the County of Haliburton. The applicant has contacted the County of Haliburton Roads Department who has submitted a letter stating that they have no objections with the proposed covered porch. Two minor variances are requested to permit construction of a covered porch on a lot located in the R2 zone. (2) REQUESTED VARIANCES: The following variances are requested to permit construction of a covered porch on a lot located in the R2 zone: a) A decrease to the provisions of Section 3.30(a) to permit a covered porch to have a minimum street setback from the centre line of Haliburton Lake Road of 13.5 metres (44 feet) as opposed to required minimum of 22.5 metres (73.82 feet). b) A decrease to the provisions of Section 5.2 to permit a covered porch to have a minimum exterior side lot line setback of 6 metres (20 feet) as opposed to required minimum of 7.5 metres (24.61 feet). (3) SITE DESCRIPTION: Staff from the Building Department visited this site for the purpose of photographs. a) Lot Dimensions: Frontage: 23 metres (78 feet) Area: 1740 sq. m (0.43 acres) b) Existing Development: - a seasonal dwelling (1520 square feet) - a private garage (396 square feet) c) Proposed Development: - a covered porch: 10 x 12' = 120 sq. feet d) Frontage: Eagle Lake Road. e) Access: Eagle Lake Road f) Shoreline Road Allowance: n/a. (4) PROVINCIAL POLICY (a) Conformity: Generally, yes. (b) Applicable Policies: Policy Policy Policy Policy 2.1 Settlement Areas Rural Areas in Municipalities Sewage Water and Stormwater Natural Heritage (c) Comment: No particular comment. File D13-MV Elstone Page 2 of 3 Page 31 of 43

32 (5) OFFICIAL PLAN DESIGNATION: Hamlet Areas (a) Conformity: Generally, yes. (b) Applicable Policies: Section Section Section 4.1 Section 4.6 Section 5.1 Section 8 Protection and Enhancement of the Environment Promotion of Liveable Settlements Settlement Pattern Lot Size and Shape Water Resources Hamlet Areas (c) Comment: See comment under Provincial Policy. (6) PRESENT ZONING: Urban Residential Type 2 (R2) (a) Compliance: The lot complies with the lot area and the lot frontage requirements (as per minor variance D13-MV ). The requested variances are necessary if the Committee decides to permit construction of a covered porch on a lot located in the R2 zone. (7) NOTICE AND CIRCULATION: Notice of the minor variance will be circulated to all persons and agencies required by regulation on May 26 th, The required advertisement will be placed in the local newspaper. A letter from the County of Haliburton was provided with the application. They have no issues with the proposed construction. (8) STAFF COMMENT AND RECOMMENDATION: The requested variances generally conform to Provincial Policy and to the provisions of the Official Plan. Comments from the County of Haliburton Roads Department should apply to the decision. Should the Committee decide to grant the requested variances, the following conditions would be appropriate: 1. This variance applies to a private garage/private cabin as shown generally on the Property Sketch dated April 30 th, 2015 and attached to the Decision. Any encroachment beyond the variances granted herein will require a further application for a minor variance. 2. Prior to the pouring of the footings, the applicant must supply confirmation from an Ontario Land Surveyor that the footing locations comply with the exterior side lot line and street setbacks. File D13-MV Elstone Page 3 of 3 Page 32 of 43

33 µ LOT 25, CON 4 Ribbon Dr Eagle Lake Rd Haliburton Lake Rd LOT 25, CON 3 Eagle Lake Subject Lands Eagle Lake Rd KEY MAP Minor Variance D13-MV Sir Sams Rd Lands of Elstone Part Lot 25, Concession 3 Part 1, Plan 19R-8450 Geographic Township of Guilford LOT 25, CON Date: 05/05/2015 DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. Bushwolf Lake Rd BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government Meters Page 33 of 43

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36 PLANNING REPORT June 9 th, 2015 REPORT AUTHUR: REVIEWED BY: APPLICATION NO: REGISTERED OWNER: AGENT'S NAME: PROPERTY DESCRIPTION: Jeff Iles Patricia Martin, Director of Planning and Development D13-MV Mike and Jennifer Wilson n/a 6000 Haliburton Lake Road Part Lot 15, Concession 10 Township of Harburn ROLL NO.: FOUR TESTS: To grant a requested variance, the Committee of Adjustment must determine that the application satisfies each of the four tests as outlined by the Planning Act as follows: 1. The requested variance(s) must satisfy the general intent of the Official Plan; 2. The requested variance(s) must satisfy the general intent of the Zoning By-law; 3. The requested variance(s) must be considered minor in nature; and 4. The requested variance(s) must be desirable for the development of the land. (1) BACKGROUND: The owners would like to construct a 1020 square foot private garage on their property located on Haliburton Lake. The proposed private garage will have a rear lot line setback of 2.4 metres (8 feet) which does not comply with the required minimum of 7.5 metres (24.61 feet). The proposed private garage will also have a street setback from Haliburton Lake Road of 10.3 metres (34 feet) which does not comply with the required setback of 17.5 metres (57.41 feet). Due to the slope of the property, the possible building locations are limited. Comments from the Municipality of Dysart et al Roads Department should factor into the decision. There is an existing seasonal dwelling and boathouse located on the property. Both the cottage and boathouse were first assessed in 1953 and have legal non complying status with regards to the water setback. File D13-MV : Wilson Page 1 of 4 Page 36 of 43

37 Two minor variances are required to permit construction of a private garage on a lot located in the WR4 zone. (2) REQUESTED VARIANCES: The following variances are requested to permit the construction of a private garage on a lot located in the WR4 zone: a) A decrease to the provisions of Section 5.2 to permit a private garage to have a minimum rear lot line setback of 2.4 metres (8 feet) as opposed to required minimum of 7.5 metres (24.61 feet). b) A decrease to the provisions of Section 3.30 to permit a private garage to have a minimum street setback from Haliburton Lake Road of 10 metres (32.5 feet) as opposed to required minimum of 17.5 metres (57.41 feet). (3) SITE DESCRIPTION: Building Department Staff visited the property for the purpose of photographs. a) Lot Dimensions: Frontage: 30.5 metres (100 feet) Area: 0.16 hectares (0.40 acres) b) Existing Development: Seasonal dwelling (first assessed in 1953); and Boathouse (first assessed in 1953). c) Proposed Development: private garage (1020 square feet) d) Frontage: Haliburton Lake e) Access: Haliburton Lake Road f) Shoreline Road Allowance: It does not appear that the applicants own the shore road allowance. The proposed development is not located on the shore road allowance. (4) PROVINCIAL POLICY (a) Conformity: Generally, yes. (b) Applicable Policies: Policy Policy Policy 2.1 Policy 2 Policy 2.2 Rural Areas in Municipalities Sewage and Water Services Natural Heritage Wise Management and Use of Resources Water (c) Comment: Haliburton Lake is classified by the Ministry of Natural Resources as a lake trout lake that is not at capacity for development. Critical fish habitat has not been identified in front of these lands. However, the property has not been inventoried for fish File D13-MV : Wilson Page 2 of 4 Page 37 of 43

38 habitat. Where a proposal is to construct new development or to add to existing development, the Municipality applies best management practices to protect aquatic resources. Specifically, a 20 metre water setback is applied to new and existing development to protect sensitive water resources and fish habitat. Vegetation buffers are important to the long term health of the lake. The proposed private garage will be well setback from the Haliburton Lake. (5) OFFICIAL PLAN DESIGNATION: Waterfront Areas (a) Conformity: Generally, yes. (b) Applicable Policies: Section Section 4.6 Section 5.1 Section 9 Protection and Enhancement of the Environment Lot Size and Shape Water Resources Waterfront Areas (c) Comment: See comment under Provincial Policy. (6) PRESENT ZONING: Waterfront Residential Type 4 (WR4) (a) Compliance: The lot has legal non-complying status with regards to the lot area and the lot frontage requirements. The requested variances are necessary if the Committee decides to permit construction of a private garage on a lot located in the WR4 zone. (7) NOTICE AND CIRCULATION: Notice of the minor variance will be circulated to all persons and agencies required by regulation on May 26 th, The required advertisement will be placed in the local newspaper. The Municipality of Dysart Roads Department stated that they have no concerns with regards to the requested variance. Staff received a letter of support from Mr. and Mrs. Duchemin who are the neighbours to the north. Staff also received a letter with some general questions from the neighbour to the south. (8) STAFF COMMENT AND RECOMMENDATION: The requested variance generally conforms to Provincial Policy and to the provisions of the Official Plan. Comments of the Municipality of Dysart et al Roads Department should factor into this decision. File D13-MV : Wilson Page 3 of 4 Page 38 of 43

39 Should the Committee decide to grant the requested variances, the following conditions would be appropriate: 1. These variances apply to a private garage as shown generally on the Property Sketch dated May 13 th, 2015 and attached to the Decision. Any encroachment beyond the variances granted herein will require a further application for a minor variance. 2. The County of Haliburton Shoreline Tree Preservation By-law 3505 applies. The injuring or destruction of trees within 30 metres of the high water mark is not permitted. The exemptions noted in Section 3 of By-law 3505 apply. Furthermore, additional native shoreline planting is encouraged to screen the buildings, naturalize the shoreline and address environmental concerns. 3. That during construction, proper site preparation and construction methods be used to prevent sedimentation of the adjacent lake. Sediment fencing is to be installed down gradient of the construction site. The site is to be properly stabilized following construction to prevent erosion and sedimentation. 4. Prior to the pouring of the footings, the applicant must supply confirmation from an Ontario Land Surveyor that the footing locations comply with the rear lot line and street setbacks. File D13-MV : Wilson Page 4 of 4 Page 39 of 43

40 KEY MAP D13-MV Lands of Wilson In Front of Lot 15, Concession 10 Haliburton Lake - HaliburtonLake Rd Township of Harburn Haliburton Lake Rd LOT 16, CON 10 µ Indigo Ln LOT 14, CON 10 LOT 15, CON 10 Haliburton Lake LOT 16, CON 10 Combine Dr LOT 16, CON 9 LOT 15, CON 9 LOT 14, CON 9 Date: 5/13/2015 DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government Meters Page 40 of 43

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