Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2022
CASE NO(S).: OLT-21-001136
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: James Davey
Subject: Minor Variance
Property Address/Description: 1035 Lakeview Road
Variance from By-law: 2014-14
Municipality: Township of Muskoka Lakes
Municipal File No.: A-47/20
OLT Lead Case No.: OLT-21-001136
OLT Case No(s): OLT-21-001136 OLT-21-001528
OLT Case Name: Davey V. Muskoka Lakes (Township)
Heard: February 23, 2022 by video hearing
APPEARANCES:
Parties James Davey
Counsel Stephen Watt
Parties Township of Muskoka Lakes
Counsel Edward Veldbloom
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA AND M. RUSSO ON FEBRUARY 23, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1James Davey (“Appellant”), owner of the lands municipally known as 1035 Lakeview Road (“Subject Lands”) in the Township of Muskoka Lakes (“Township”), has made appeals under s. 45(12) of the Planning Act (“Act”), for the refusal of minor variances by the Township’s Committee of Adjustment (“CoA”).
2The proposed development involves the construction of additions to an existing legal non-complying dwelling and dock and recognizes existing accessory buildings on the Subject Lands. The Appellant is seeking relief from the Township’s Zoning By-law (“ZBL”) 2014-14 for a total of nine variances.
3The Tribunal was informed that settlement has been reached by the Parties; however, the Tribunal is still tasked to determine if the relief sought from the ZBL and the variances before the Tribunal are consistent with Provincial interests as set out in the Provincial Policy Statement, 2020 (“PPS’’) and meet the four tests of a minor variance as set out in s. 45(1) of the Act. The Tribunal must also have regard to matters of Provincial interest set out in s. 2 of the Act.
4On the consent of the Parties, Savas Varadas was the only witness that appeared, provided a witness statement and gave testimony at this Hearing. Upon review of his Curriculum Vitae and Acknowledgement of Expert Duty form the Tribunal affirmed and qualified Mr. Varadas to provide expert opinion evidence in land use planning.
SITE CONTEXT
5The Subject Lands are located on Skeleton Lake (“Lake”), are bisected by Lakeview Road and consist of a waterfront lot and a backlot.
6The Subject Lands consist of approximately 13,172 square feet in total lot area and have 61.8 feet of shoreline frontage on the Lake. The Subject Lands are well vegetated at the rear of the property and slope steeply at the rear and mid-points towards the Lake.
7The area surrounding the Subject Lands is made up of predominantly waterfront residential land uses. The established surrounding neighbourhood is characterized with lots that are long, narrow and bisected by Lakeview Road.
8The Subject Lands are designated as Waterfront Area land use in the District of Muskoka Official Plan (“District OP”) and as Waterfront by the Township of Muskoka Lakes Official Plan (“Township OP”).
9On the waterfront side, the Subject Lands are zoned Waterfront Residential Five (WR5) and on the backlot, they are zoned Waterfront Residential Two (WR2) under the Township’s ZBL 2014-14.
THE VARIANCES
10The Tribunal is being asked to permit variances to the ZBL for an addition to a non-complying dock and for the construction of a second storey sundeck addition to a non-complying dwelling.
11These are the variances sought by the Appellant as provided in Attachment 1, and as set out below.