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Corporation of the Town of Huntsville Committee of Adjustment AGENDA Meeting to be held on Wednesday, February 13, 2013 at 8:30 a.m. in the Huntsville Civic Centre, Municipal Council Chambers ______________________________________________________________ 1. CONVENE 2. ADOPTION OF AGENDA 3. DISCLOSURE OF CONFLICT OF INTEREST 4. MINUTES January 16, 2013 2-4 5. MINOR VARIANCES a) Report PL-2013-09 Christopher Brown 5-15 A/36/2012 Todd Part of Lot 28, Concession 4 Geographic Township of Stephenson 410 Clearwater Lake Road b) Report PL-2013-10 Sean O’ Callaghan 16-29 A/01/2013/HTE Bell Part of Lots 12 and 13, Concession 12 Geographic Township of Brunel 43 Thomas Crescent c) Report PL-2013-11 Kirsten Maxwell 30-34 A/02/2013/HTE Country Moments Part of Lot 8, Concession 1 Geographic Township of Chaffey 185 Lakewood Park Drive 6. PREVIOUS FILES FOR RECONSIDERATION 7. ADMINISTRATIVE ITEMS 8. ADJOURNMENT 1

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Page 1: Committee of Adjustment AGENDA - Home - Town of … · The Committee of Adjustment Agenda dated January ... retaining wall, ... including backfill of the slope behind the wall

Corporation of the Town of Huntsville

Committee of Adjustment AGENDA

Meeting to be held on Wednesday, February 13, 2013 at 8:30 a.m.

in the Huntsville Civic Centre, Municipal Council Chambers ______________________________________________________________

1. CONVENE

2. ADOPTION OF AGENDA

3. DISCLOSURE OF CONFLICT OF INTEREST

4. MINUTES – January 16, 2013 2-4

5. MINOR VARIANCES

a) Report PL-2013-09 Christopher Brown 5-15

A/36/2012 Todd Part of Lot 28, Concession 4 Geographic Township of Stephenson 410 Clearwater Lake Road

b) Report PL-2013-10 Sean O’ Callaghan 16-29

A/01/2013/HTE Bell Part of Lots 12 and 13, Concession 12 Geographic Township of Brunel

43 Thomas Crescent c) Report PL-2013-11 Kirsten Maxwell 30-34

A/02/2013/HTE Country Moments Part of Lot 8, Concession 1 Geographic Township of Chaffey

185 Lakewood Park Drive 6. PREVIOUS FILES FOR RECONSIDERATION 7. ADMINISTRATIVE ITEMS 8. ADJOURNMENT

1

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Corporation of the Town of Huntsville

COMMITTEE OF ADJUSTMENT

Meeting held on Wednesday, January 16, 2013 at 8:30 a.m.

in the Huntsville Civic Centre, Municipal Council Chambers _______________________________________________________________________________

Attendance Chair: Deputy Mayor Scott Aitchison

Members: W. A. Beatty Councillor John Davis

Mayor Claude Doughty Councillor Karin Terziano

Absent: Councillor Fran Coleman, Vice Chair

Staff: Christopher Brown Site Plan Coordinator Tanya Calleja Manager of Legislative Services

Chris Marshall Director of Planning and Sustainability Sean O’Callaghan Site Plan Coordinator

Kelly Pender Chief Administrative Officer

Andrew Zanier Committee and Records Coordinator

1. CONVENE

Moved by John Davis and seconded by Karin Terziano C0A01-13

IT IS RECOMMENDED THAT: We do now convene as a meeting of the Committee of

Adjustment at 8:30 a.m. Carried.

2. ADOPTION OF AGENDA

Moved by John Davis and seconded by Karin Terziano C0A-02-13

IT IS RECOMMENDED THAT: The Committee of Adjustment Agenda dated January 16, 2013 be adopted as printed and circulated.

Carried.

3. DISCLOSURE OF CONFLICT OF INTEREST

W. A. Beatty– Personal Reasons on:

5 a) Report PL-2013-01 - A/37/2012/HTE Costello - 132 Hawkes Road

4. MINUTES

Moved by John Davis and seconded by Karin Terziano C0A-03-13

IT IS RECOMMENDED THAT: Committee hereby adopts the Committee of Adjustment meeting minutes dated November 28, 2012 as printed and circulated.

Carried.

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Committee of Adjustment Meeting Minutes – January 16, 2013 - 2 -

5. MINOR VARIANCES

Chair Aitchison provided a brief overview of the purpose and procedure of the Hearings

and declared the Hearings to be Public Meetings of Committee.

a) Report PL-2013-01 - A/37/2012/HTE Costello - 132 Hawkes Road

Sean O’Callaghan outlined the Report noting no additional comments had been received.

Chair Aitchison called upon the applicant or their representative to provide additional

comments.

– Nil –

Chair Aitchison asked if there was anyone present that wished to provide comments or

ask questions regarding the application.

– Nil –

Chair Aitchison asked if there were any questions or comments from Committee

Members.

– Nil –

Moved by Karin Terziano and seconded by John Davis C0A-04-13

BE IT RESOLVED THAT: Report Reference No. PL-2013-01 prepared by Sean

O’Callaghan regarding Minor Variance application A/37/2012/HTE be received;

AND FURTHER THAT: The Committee of Adjustment approve Minor Variance

Application A/37/2012/HTE for Part of Lot 30, Concession 6, Geographic Township of Stephenson, Town of Huntsville, and District Municipality of Muskoka to reduce the

setback from a steep slope from 15m (49.2 ft.) to 0m for the proposed dwelling and bunkie, reduce the setback from the base of a steep slope from 5m (16.4 ft.) to 0m and

to reduce the front yard setback for a proposed Bunkie from 20m (65.6 ft.) to 17.6m (58 ft.).

CONDITIONAL ON:

1. The conclusions and recommendations of the report prepared by Duke Engineering dated January 7th 2012 be implemented through site plan control.

Carried.

Chair Aitchison declared the Hearing potion of the meeting to be concluded.

6. PREVIOUS FILES FOR RECONSIDERATION

– Nil –

7. ADMINISTRATIVE ITEMS

– Nil –

3

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Committee of Adjustment Meeting Minutes – January 16, 2013 - 3 -

8. ADJOURNMENT

Moved by Karin Terziano and seconded by John Davis C0A-05-13

IT IS RECOMMENDED THAT: We do hereby adjourn at 8:40 a.m. to meet again on Wednesday, February 13, 2013 at 8:30 a.m., or at the call of the Chair.

Carried.

________________________________ Chair, Deputy Mayor Scott Aitchison

4

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TOWN OF HUNTSVILLE

DIVISION: CAO’s Office Building Services Community Services

Corporate Services Planning Services Protective Services

Public Works

DEPARTMENT: Planning

REPORT # PL-2013-09

Confidential: Yes No

To: Committee of Adjustment

From: Christopher Brown, Senior Planner

Meeting: February 13, 2013

Subject: Minor Variance A/36/2012 (Todd) – 410 Clearwater Lake Road

RECOMMENDATION:

Requires Action For Discussion Only IT IS RECOMMENDED THAT: Planning Report No. PL-2013-09 prepared by Christopher Brown, Senior

Planner, regarding Minor Variance application A/36/2012 pertaining to Part of Lot 28, Concession 4, being

Part 2 of Plan 35R-13328, Geographic Township of Stephenson, Town of Huntsville, BE RECEIVED;

AND FURTHER THAT the application for a minor variance to reduce the required front yard from 12m to 9.1m BE APPROVED, conditional on:

The applicant entering into a Site Plan Agreement with the Town of Huntsville in order to ensure the construction of a permanent (engineered) retaining wall, provision of adequate tree planting along

the frontage of the property, re-vegetation of the steep slope in the rear yard of the property, location of parking, driveway layout, and exterior design of buildings, all to the satisfaction of the

Executive Director of Development Services.

ORIGIN / BACKGROUND

An application was received on November 9, 2012, requesting a minor variance to permit the construction of a dwelling at 410 Clearwater Lake Road that would encroach into the required front yard. The application

was deferred at the January 16, 2013 meeting of the Committee of Adjustment, in order to allow the

applicant an opportunity to provide additional information regarding the proximity of the proposed dwelling to the slope and to investigate the cost feasibility of constructing an engineered retaining wall.

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DISCUSSION

The subject lands are approximately 1.14 hectares (2.82 acres), with 60 m (200 feet) of frontage on Clearwater Lake Road. The surrounding properties are zoned Rural Residential (RR).

The applicant is seeking to build a single detached dwelling at the location shown in Appendix “B”. The proposed dwelling would have a setback of 9.1 m (30 ft.) from Clearwater Lake Road. The required front

yard in an RR Zone is 12 m (39.4 ft).

The proposed setback would stand out as an exception in the neighbourhood, in which the surrounding

homes are all set back from the road in accordance with the zoning by-law:

394 Clearwater Lake Rd – 33 m setback 401 Clearwater Lake Rd – 36 m setback

429 Clearwater Lake Rd – 24 m setback

Sufficient area exists on the subject property to comply with all zoning requirements. One example would

be to construct a driveway up the slope and position the dwelling at a level area back from the top of slope, similar to the neighbouring property at 401 Clearwater Lake Road.

Prior to the January hearing, there was insufficient information to determine whether the proposed dwelling

would comply with Section 3.24.5 (setback from steep slopes). The Planning Department has since received

a drawing which provides information regarding the slope and the proposed setback. The site has a 20% slope overall (from Clearwater Lake Road to the height of land); from the top of the retaining wall to the

height of land, the slope is approximately 30%. The proposed dwelling will be set back 10 m from the retaining wall/toe of the steep slope, which is double the minimum setback requirement. This suggests that

the proposed dwelling could be sited closer to the retaining wall without the need for any variances.

However, the applicant has indicated that doing so would not provide sufficient depth for a full basement, due to the elevation of the underlying bedrock.

The slope has been recently excavated and a series of boulders placed against the cut. The Planning

Department is concerned that this method of slope retention is unsafe and likely to fail. A properly engineered retaining wall will be needed, regardless of the setback of the proposed dwelling. If the

recommended engineering solution were a precast unit wall with geo-grid tiebacks, further excavation of the

slope would be required, including backfill of the slope behind the wall. The disturbed slope behind the wall would need to be re-vegetated in order to prevent erosion. Site Plan control would be an appropriate tool in

this instance, to ensure such areas are replanted accordingly.

Chapter 9 of the Official Plan contains a series of design principles for rural areas, intended to minimize

visual impact of development and maintain the rural character. These include a requirement for sufficient development setbacks from roads to provide a buffer between the road and the development. In order for

the proposed variance to be consistent with the intent and purpose of the Official Plan, the visual impact of the development would need to be minimized. The Planning Department recommends the following

measures be taken to ensure the effectiveness of a reduced buffer and minimize the visual impact of a dwelling in closer proximity to the road:

Re-vegetation in the proposed 9.1 m front yard, consisting of small-sized tree species, mixed caliper

sizes (averaging 40 mm) for deciduous species, mixed heights (averaging 1.25 m) for coniferous species, so as to create a degree of visual separation from the road, in a manner that is consistent

with the character of the surrounding area. Maximum 2.7 m (9 ft.) driveway width in the front yard; parking spaces limited to the rear or side

yards.

Exterior cladding be neutral-to-dark earth tones; no white/bright-coloured cladding

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The implementation and maintenance of the above features are best addressed through a site plan

agreement.

FINANCIAL IMPLICATIONS – (Budget & Financial Planning Officer must sign Report)

n/a

INSURANCE/RISK MANAGEMENT OR HUMAN RESOURCES IMPLICATIONS – (Human Resources Manager must sign Report) n/a

SUSTAINABILITY IMPLICATIONS Economic Considerations

n/a

Social Considerations

n/a

Environmental Considerations As discussed above.

ACCESSIBILITY IMPLICATIONS n/a

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES n/a

POLICIES / LEGISLATION

Official Plan

The Official Plan designation of the property is “Rural”. The Rural policies in Section 9 of the Official Plan

include design guidelines intended to maintain the character of the rural area. The OP includes a list of principles to be implemented for development where slopes similar to those on the subject property (30% to

40%).

Zoning By-Law

The subject lands are zoned Rural Residential (RR). The provisions of the RR zone require a minimum 12 m

front yard setback for all structures. The zoning by-law also requires a minimum setback of 5 m from the defined toe of a steep slope.

CONSULTATIONS

All internal and external agencies were circulated for comments. No concerns, conditions or objections were received.

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A letter was received from Mr. Doug Greer, owner of the property at 394 Clearwater Lake Road, and

endorsed by two other landowners in the area, opposing the requested variance and detailing a series of concerns with recent site alteration. The letter is attached as Schedule “D”. An email message in support of

the application was received from Ontario Pioneer Camp and is included in Schedule “D”.

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS Appendix ‘A’ – Location Plan

Appendix ‘B’ – Property Sketch Appendix ‘C’ – Profile of Slope (Kontek Engineering Ltd.)

Appendix ‘D’ – Correspondence from area landowners

CONCLUSION The Planning Department recommends approval of the minor variance to allow the construction of 1400 sq.

ft. dwelling with a 30 ft. front yard. The proposal is desirable for the appropriate development of the land, and will maintain the general intent and purpose of both the Official Plan and Zoning By-law, provided that

the recommended measures are implemented through Site Plan Control.

Signed________________________________________

Prepared by: Christopher Brown, Senior Planner

Signed____________________________________________

Approved by: Chris Marshall, Director of Planning and Sustainability

Signed________________________________________

Approved by: Mike Gooch, Executive Director of Development Services

Signed____________________________________________

Approved by: Kelly Pender, Chief Administrative Officer

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_____n/a__________________________________________

Approved by: Julia Finch, Budget and Financial Planning Officer (If applicable)

_____n/a__________________________________________

Approved by: Lisa Smith, Executive Director of Organizational Development and Strategy (If applicable)

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Appendix ‘A’ – Location Plan

10

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Appendix ‘B’ – Property Sketch

11

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Appendix ‘C’ – Profile of Slope (Kontek Engineering Ltd.)

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Appendix ‘D’ – Letter from D. Greer

13

Town of Huntsville

37 Main Street East

Huntsvi lle,ON P1H

Att: Chris Marshall, Secretary- Treasu rer, Committee of adjustments

November 20,2013

Re:Todd Applicant No. : Aj36j2012

The property in question is a deep lot that slopes basically from the road to higher elevation where it

levels off. It is beyond my comprehension why the owner did not anticipate building deeper in the lot on

the high level area as did t he neighbour on t he north side. I'm su re t he owners were looking at nothing

more than a substantial reduct ion in the cost of services and roadway. I see by the existing hole they

have tried to make a level area at the front of t he lot but obviously have run into problems with the

slope excavat ion. As a builder I can see the municipality Steep Slope By Law of more t han 30% with a

vertical drop of 3 meters plus is compromised. I'm confident the boulders shoved into t he excavated

face of t he slope will eventually fail. A proper engineered reta ining wall should have been ant icipated if

you wanted to build in or near the slope. I don't know how the owner even got approva l from the

building department to dig a fo undation at that location w ithout an engineering report first . Now as a

solut ion they want to move the home ten foot forward on the lot? Even wit h moving the house forward

ten feet forward the face of the excavation with still pose a safety hazard. The upshot is the house

shou ld be built deeper into the lot at the higher elevation where it's reasonably flat .

I oppose t he variance for t he fo llowing reasons:

1. The owner should have anticipated the downfalls of building on the sloped part of the lot.

2. Standard municipality setbacks are there to protect the flavour of the community, existing

and future homeowners

3. All other homes on the road adhere to established standard municipality setbacks.

4. Obviously the owner dug the foundation without a building permit nor are they following

municipality procedures.

5. I do not want to set a precedence for several other slopped lots now for sale on Clearwater

Water lake Road

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From: Randy Roebuck [mailto:[email protected]]

Sent: Monday, November 26, 2012 10:01 AM To: Chris Marshall

Subject: Huntsville Committee of Adjustment re: Minor Variance: Todd A/36/2012

Dear Chris On behalf of Ontario Pioneer Camp I am writing in support of the minor variance being proposed for this property. The property in question is located close to our Boys’ Camp Gate entrance but in our opinion will be absolutely no problem and should be allowed. Sincerely, Randy Randy Roebuck Director of Operations Ontario Pioneer Camp

942 Clearwater Lake Rd Port Sydney, ON P0B 1L0 Local: 705.385.2370 www.pioneercamp.ca

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Page 1 of 14

TOWN OF HUNTSVILLE

DIVISION: CAO’s Office Building Services Community Services

Corporate Services Planning Services Protective Services

Public Works

DEPARTMENT: Planning

REPORT # PL-2013-10

Confidential: Yes No

To: Committee of Adjustment

From: Sean O’Callaghan, Site Plan Coordinator

Meeting: February 13th 2013

Subject: Minor Variance Application A/01/2013/HTE (Bell) – 43 Thomas Crescent

RECOMMENDATION:

Requires Action For Discussion Only IT IS RECOMMENDED THAT: Planning Report No. PL-2013-10 prepared by Sean O’Callaghan regarding

Minor Variance application A/01/2013/HTE be received;

AND FURTHER THAT the Committee of Adjustment approve Minor Variance Application A/01/2013/HTE

for Part of Lots 12 and 13, Concession 12, Geographic Township of Brunel, Town of Huntsville, and District Municipality of Muskoka to reduce the required setback from type one fish habitat from 30m (98ft) to 20m

(65.6ft)

CONDITIONAL ON:

1. The conclusions and recommendations of the “Fish Habitat Impact Assessment –

Bell Property, Muskoka River North Branch, Town of Huntsville” report by Riverstone Environmental Solutions Inc. being implemented through site plan control.

2. The existing bunkie and shed being brought into conformance with the Town of Huntsville Zoning By-law 2008-66P as amended.

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ORIGIN / BACKGROUND The purpose of this report is to provide the Committee of Adjustment with a summary and recommendation

concerning Minor Variance Application A/01/2013/HTE which is an application to reduce the setback from type one fish habitat from 30m (98ft) to 20m (65.6ft)

DISCUSSION

The subject lands are approximately 1.07 acres in area with approximately 52m (170ft) of frontage on the Muskoka River. The lot is well vegetated.

The surrounding uses are generally shoreline residential. The lands are currently developed with a dock a

shed and a Bunkie.

The Owner is proposing to construct a single family dwelling. The Muskoka River is designated as type one

fish habitat requiring all structures to be setback a minimum 30m (98ft). The applicant is requesting a reduction in the setback requirement to 20m (65.6ft). Riverstone Environmental Solutions has prepared a

fish habitat assessment for the subject lands to support the proposed reduction.

FINANCIAL IMPLICATIONS – (Budget & Financial Planning Officer must sign Report) N/A

INSURANCE/RISK MANAGEMENT OR HUMAN RESOURCES IMPLICATIONS – (Human Resources Manager must sign Report) N/A

SUSTAINABILITY IMPLICATIONS Economic Considerations

Additional development will add to the tax base in the Town of Huntsville and provide additional income in

the community for the contractors that do the work and building material suppliers.

Social Considerations

The applicant will have the ability to use the full recreational capabilities of the subject lands.

Environmental Considerations

There will be minimal site alteration required on the subject lands to accommodate the proposed development.

ACCESSIBILITY IMPLICATIONS N/A

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES

N/A

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POLICIES / LEGISLATION

Official Plan

The subject lands are located within the Waterfront designation of the Town Official Plan (OP). Many of the surrounding uses are also designated as Waterfront. Section 8 “Waterfront Policies” of the Official Plan

outlines a number of objectives and design guidelines which are intended to protect the environmental integrity of the foreshore areas as well as limit the visual impact of development along the waterfront.

Section 8.2.14 states that the character of the waterfront will be maintained by retaining the traditional mix

of land uses and the overall low density of development, as well as preserving the natural environment, particularly related to water quality, topography and landscape, vegetation, natural shorelines and

significant natural areas and habitats.

- The majority of the subject lands including the waterfront area remain in its natural state

providing an effective natural visual buffer from surrounding properties.

Section 8.8.2.7 states a site evaluation report and a site plan agreement shall be required by the Town in

support of request to reduce the setback beyond that which is established in the zoning by-law. The site

evaluation report will clearly identify the compensating features that justify the reduction in the setback and will produce mitigation measures to further reduce the impact of the development.

Section 3.7.4 requires all development to be located at least 30m (98ft) from any identified cold water

stream unless a fish habitat impact assessment can demonstrate that a lesser setback will not have a

negative impact on the habitat.

Riverstone Environmental Inc. has submitted a Fish Habitat impact assessment that supports the proposed reduction in setbacks along with providing mitigation measure to minimize any potential impact to the

natural environment and identified Type One Fish Habitat.

The proposed development on the subject lands is quite minor and is not out of character with surrounding properties. There is a well established buffer of mature trees and native vegetation along the shoreline area.

Zoning Bylaw

The Zoning Bylaw reflects the direction of the Official Plan by establishing development setbacks from lot

lines and natural features. The subject lands are zoned Shoreline Residential One –exception 0844 No Structural development (except docks/boathouses) shall occur below the 282.8 metres G.S.C. datum. (SR1-

0844). The applicant is requesting a minor variance to reduce the required setback from type one fish

habitat from 30m (98ft) to 20m (65.6ft).

The proposal complies with all other provisions of the Town Zoning By-law.

CONSULTATIONS

No objections have been received.

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

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Notice Required?: Yes (If yes, fill in below) No Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS Appendix “A” – Location Map

Appendix “B” – Site Plan Appendix “C” – Report from Riverstone Environmental Solutions Inc.

CONCLUSION The Planning Department would recommend approval of the proposed Minor Variance as it appears to meet

the 4 test of a minor variance.

Signed__________________________________ _

Prepared by: Sean O’Callaghan, Site Plan Coordinator

Signed__________________________________________ __

Approved by: Chris Marshall, Director of Planning and Sustainability

Signed___________________________________________ _

Approved by: Mike Gooch, Executive Director of Development Services

Signed___________________________________________ _

Approved by: Kelly Pender, Chief Administrative Office

Signed____________ N/A__________________________

Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

Signed______________N/A______________________________

Approved by: Lisa Smith, Executive Director of Organizational Development & Strategy (If Applicable)

19

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Appendix “A”

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Appendix “B”

21

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Page 7 of 14

Appendix “C”

22

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[<,c";.ooJ r .... 1111, (lI'I,pcTty •• nd ><Ijacern rmve" ilS. priur Ie .i," in~ ,o. " '., <tJggeo;ti"ll t~.t "" are. oJ J f PC 1 fhlt r.bitat i. ""'.cd lIpS"~"" "f ll, •• <obi"'-' 1~" whkh p,,,,ldn w llllble ,I'll . hahita! (or 'I""'"i" 8 ",011<>,.0 ~S,_ <-;1""",). C\lfI'lm<>ll Whit. Su<ker (e""".""", ... , ."",,,,,,....,",1) .. HI BrooA

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.. 'ilh ~.Idw·""', .m.bo; II!d .,..,... (J>IIoI<>lTlP~ h The habM frominl; Ihr .. ~'re ... bj<d Ionoh i , bN o-:.-ibecl III 'I )1'" 2 liobital """""'"'1110> ~ MNR classif""'i"" (h~k I ). laing .. f«dinl: orJ<l •

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,

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,

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&.<d "I"'" die tvaI .... ion <I<toilo.J 110", .. . " Is .... opinion \lf Rj,..s.u..~ !blithe P<Kt_' risk of oega,;\'e ioml'""l> un ,,;~,rocant filh!oGbi" 1Qo.."", i> I.,... and acceptable. HI&! .. ;d,lle """ve ,""","""",d!t!iom ..... old he in,"""''' • ..J W .... ""e ~;"" im!"",,' '0 r,5Il ~aOi"I"" miftiml!ed.

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~ ".y""'" R'~'onr ~ .. ,;",.nn..",tal SOiul,<019 Inc.

" . S/lnI. ~Ls.:. Senior AljlWiI: Ecola\P!lt '"d

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TOWN OF HUNTSVILLE

DIVISION CAO’s Office Community Services & Economic Development

Corporate Services Development Services

Fire Organization Development & Strategy

Public Infrastructure

DEPARTMENT: Planning

REPORT # PL-2013-11

Confidential: Yes No

To: Committee of Adjustment From: Kirstin Maxwell, Planner Meeting: February 13, 2013 Subject: Minor Variance Application A/02/2013/HTE – Country Moments (185 Lakewood Park Road)

RECOMMENDATION:

Requires Action For Discussion Only BE IT RESOLVED THAT: Report No. PL-2013-11 prepared by Kirstin Maxwell, Planner, dated February 13, 2013 regarding Minor Variance Application A/02/2013/HTE – Country Moments (185 Lakewood Park Road) be received; AND FURTHER THAT: the Committee of Adjustment approve Minor Variance Application A/02/2013/HTE for Part of Lot 8, Concession 1, Geographic Township of Chaffey, Town of Huntsville, District Municipality of Muskoka, to reduce the parking requirement for a senior citizen’s home from 13 spaces to 11 spaces.

ORIGIN / BACKGROUND The purpose of this report is to provide Committee with a summary and recommendation concerning Minor Variance Application A/02/2013/HTE which is an application to request a reduction in the number of parking spaces required for a senior citizens home.

DISCUSSION The subject lands are approximately 0.26ha with 42m of frontage on Lakewood Park Road. The property is developed with a senior citizens home in 1997. At that time, only 10 bedrooms were being used as the senior’s home, and the parking requirement under zoning by-law 1974-8 was 4 spaces. The Owner is now proposing to add two bedrooms through interior renovations. Official Plan

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The Official Plan designation of the property is Residential. Section 4.5.1.6 states that small scale institutional uses are permitted within areas designated for residential use provided that the development can maintain the residential character of the neighbourhood, and are located within close proximity to arterial or collector roads. Zoning By-Law The lands are currently zoned Residential Four (R4), which allows a Senior Citizens Home as a permitted use. As per table 4.1, a senior citizens home should provide 1 parking space per dwelling or rooming unit, plus one parking space per 100 m2 of gross floor area used for personal or medical services. With 12 rooms proposed to be used for seniors, the parking requirement in this case would be 13 spaces.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report) n/a

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Manager of Finance / Treasurer must sign Report) n/a

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Organizational Development and Strategy must sign Report) n/a

SUSTAINABILITY IMPLICATIONS Economic Considerations The planned renovations will increase the business capacity. Social Considerations Additional accommodation for seniors will be made available as a result. Environmental Considerations No alterations to the footprint are proposed, and the development is on full municipal services on a year round maintained road.

ACCESSIBILITY IMPLICATIONS n/a

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES n/a

POLICIES / LEGISLATION Provincial Policy Statements Planning Act, R.S.O. 1990, cP.13 District of Muskoka Official Plan Town of Huntsville Official Plan Zoning By-law 2008-66P, as amended Zoning By-law 74-8, as amended

CONSULTATIONS All internal and external agencies were circulated for comments, as well as all property owners within 60m of the subject lands.

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The Fire Department, Public Infrastructure and Corporate Information/911 all had no objections. No other comments have been received to date.

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS Appendix “A” – Location Map Appendix “B” – Variance sketch

CONCLUSION The Planning Department would support the variance as it is minor in nature, meets the intent of the Official Plan and Zoning By-Law, and is desirable for the continued use of the property.

_signed_______________________________________ Prepared by: Kirstin Maxwell, Planner _signed___________________________________________ Approved by: Chris Marshall, Director of Planning _signed___________________________________________ Approved by: Mike Gooch, Executive Director of Development Services _signed___________________________________________ Approved by: Kelly Pender, Chief Administrative Officer _n/a_____________________________________ Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable) _n/a___________________________________________ Approved by: Lisa Smith, Executive Director of Organizational Development & Strategy (If Applicable)

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Appendix “A” – Location Map

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Appendix “B” – Sketch

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