Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 25, 2023

CASE NO(S).: OLT-22-004249

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Stephanie Bot

Subject: Application to amend the Zoning By-law – Refusal of application

Description: Proposes to construct a two-storey boathouse and an associated dock.

Reference Number: ZBA-04/22

Property Address: 1209 Breezy Point Road

Municipality/UT: Muskoka Lakes/Muskoka

OLT Case No: OLT-22-004249

OLT Lead Case No: OLT-22-004249

OLT Case Name: Bot v. Muskoka Lakes (Township)

Heard: January 12, 2023 by video hearing

APPEARANCES:

Parties	Representative
Stephanie Bot	William Friedman
Township of Muskoka Lakes	Edward Veldboom

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JANUARY 12, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) which was converted to a hearing. The Appeal was made by Stephanie Bot (“Applicant/Appellant”) pursuant to s.34(11) of the Planning Act for the refusal of a Zoning By-law Amendment (“ZBA”) by the Township of Muskoka Lakes.

2Prior to the commencement of the first hearing, the Tribunal was informed that the statutory parties had reached a settlement that they would present at the CMC with supporting land use planning evidence.

3The Tribunal reviewed the Affidavit of Service of the CMC notice sworn by William Friedman on December 9, 2022. The Notice was determined to have been duly served and it was marked as Exhibit 1 for the record.

PARTIES AND PARTICIPANTS

4There was a Party status request by Barbara Craig. This request was opposed by the Applicant/Appellant. During review of the request, the Tribunal determined that Ms. Craig did not qualify to be a party due to lack of presentation of any land use planning based planning evidence and would not be of assistance to the Tribunal in the conduct of the hearing.

5Ms. Craig was granted participant status as well as two other people who requested participant status. These were Alison Craig and Elizabet Craig-Owens.

HEARING

6The Applicant/Appellant called Robert Walters, who was sworn and qualified by the Tribunal to provide opinion evidence in the area of land use planning.

7Mr. Walters anchored his evidence on a witness statement which was duly filed with the Tribunal and marked as Exhibit 2.

8Mr. Walters provided site context and property description as follows (as excerpted from Exhibit 2):

The subject site is located at 1209 Breezy Point Road, Unit 1, in the Township of Muskoka Lakes and is legally described as Parts 1 to 7 on Plan 35R-22981, being Part of Lot 18, Concession 2, Geographic Township of Wood, Township of Muskoka Lakes, District Municipality of Muskoka. Breezy Point Road is a private road providing access to the subject site and a number of other properties and connects to Barlochan Road which is a public road; the subject site has no direct access to a public road. The subject site is located on an eastern shoreline of Lake Muskoka at the eastern end of Long Bay and forms a point of land at the end of the bay. It contains an existing 2-storey dwelling with a sundeck, shed, a dock on the south shore, and a recently constructed dock for a future boathouse on the north shore. Other properties with single-detached dwellings are located along the north and south shores of the bay and at the end of the bay. The site has a straight line lot frontage of approximately 72.06 m [metres] (236.41 ft. [feet]) and an approximate area of 2.0 ha [hectares] (4.9 acres). In this case, the definition of "Lot Frontage" in Section 11.93 of Township Comprehensive Zoning By-law 2014-14, as amended, defines the lot frontage as horizontal straight water frontage. The site's assessed or actual frontage when taking into account the pattern of the shoreline along the north and south shores is approximately 149.96 m (492 feet).

9Mr. Walters described the proposed development that necessitated the ZBA request as follows (as excerpted from Exhibit 2):

… the boathouse is to be located on the north shore of the subject site near the point in the bay and it comprises 2 boat slips with doors facing the open water of Long Bay with storage on the ground floor, and a second storey sleeping cabin comprising a living area, office, bedroom, washroom, bar area and a mechanical room. The remainder of the second level comprises an outdoor sun deck. The first storey (excluding the dock base) is 10.97 m (36 ft) wide and 12.8 m (42 ft) long and the enclosed second storey is 10.97 m (36 ft) wide and 5.49 m (18 ft) long. The second storey sleeping cabin comprises an approximate floor area of 60.2 sq m (648 sq ft). The proposal includes exterior stairs to the second level on the south side and a dock surrounding the building.

Through discussions with the surrounding land owners as part of the rezoning process discussed in paragraph 10 below, the height of the boathouse was reduced from 7.5 m (24.67 ft.) to 7 m (23 ft.), as shown in Exhibit "E" to this my Witness Statement. As can be seen from Exhibit "E", the proposed boathouse would be approximately 32 m (105 ft) from the nearest dock on the north side of the bay and approximately 41.15 m (135 ft) from the north shore of the bay which comprises the Craig property.

10Mr. Walters stated that the proposed ZBA has the following two changes to what is permitted:

A To permit a 2-storey boathouse with a straight line lot frontage of 72.08 m (236.5 ft) whereas Sections 4.1.7 and 4.1.7.10 of the By-law require a minimum straight line lot frontage of 91.44 m (300 ft) for a two-storey boathouse; and,

B To permit a maximum cumulative width for the second storey of the boathouse of 10.97 m (36 ft.) whereas Sections 4.1.7 and 4.1.7.12c of the By-law require a maximum cumulative width for the second storey of the boathouse of 9.14 m (30 ft).

11Mr. Walters provided detailed evidence in his witness statement. He addressed the applicable policies in the Planning Act, the Provincial Policy Statement 2020 (PPS 2020), the Muskoka Planning Area Official Plan (District Official Plan), and the Corporation of the Township of Muskoka Lakes Official Plan (Township Official Plan).

12Mr. Walters opined that the proposed ZBA has due regard for the provincial interest, it is consistent with PPS 2020, conforms with both the District Official Plan and the Township Official Plan.

13Mr. Walters, through sketches and visuals, showed that the proposal simply and contextually implements almost the permitted equivalent structures but the changes are needed to mitigate impacts and minimize concerns of the neighbours.

14Mr. Walters answered the Tribunal’s questions regarding participants’ concerns. He testified that by showing that the visual impact of what the ZBA would allow if approved, when compared to what is already permitted, would only be marginally impactful. He answered that this design for the ZBA was a joint effort with the Township staff. He further opined and concluded that it represents good land use planning.

15Having reviewed the material on file that was before the approval authority when it made its decision and the unopposed and uncontroverted land use planning evidence of Mr. Walters, the Tribunal finds that the ZBA has adequate regard for the provincial interest, is consistent with PPS 2020, conforms with the District Official Plan, as well as the Township Official Plan, is appropriate and is good planned land use.

ORDER

16THE TRIBUNAL ORDERS that the appeal is allowed in part and the Zoning By-law No. 2014-14 of the Corporations of the Township of Muskoka Lakes is amended by Zoning By-law No. 2022-024 as per Attachment 1.

17Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this ORDER shall be, and was, effective as of the date of the hearing of this Appeal, and the delivery of the Oral Decision and Order of the Tribunal, on January 12, 2023.

“Jatinder Bhullar”

JATINDER BHULLAR MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

ZONING BY-LAW AS APPROVED: BY-LAW NUMBER 2022-024

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

BY-LAW 2022-024

Being a By-law to amend Comprehensive Zoning By-law 2014-14, as amended, in the Township of Muskoka Lakes

WHEREAS the authority to pass this by-law is provided by Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13 and amendments thereto;

AND WHEREAS By-law 2014-14 was enacted by the Corporation of the Township of Muskoka Lakes to regulate land use within the Municipality;

NOW THEREFORE the Ontario Land Tribunal amends By-law 2014-14 as follows:

1. Section 12 of By-law 2014-14 is hereby further amended by the addition of the following subsection:

87-2007 i) The land affected by this amendment is described as Part of Lot 18, Concession 2, Parts 1 to 7, Plan 35R-22981 (in the former Township of Wood), now in the Township of Muskoka Lakes, as shown hatched on Schedule I to By-law 2022-024.

ii) Despite the provisions of Sections 4.1.7 and 4.1.7.10 of By-law 2014-14, as amended, for those lands described above, a two storey boathouse is permitted in accordance with the provisions for a two storey boathouse on a lot with 300 feet of lot frontage, as shown in the location and extent on Schedule II to By-law 2022-024.

iii) Despite the provisions of Sections 4.1.7 and 4.1.7.12 c. of By-law 2014-14, as amended, for those lands described above, the maximum permitted cumulative second storey boathouse width shall be 36 feet, as shown in the location and extent of Schedule II to By-law 2022-024.

iv) Despite the provisions of Sections 4.1.7 and 4.1.7.12 a. of By-law 2014-14, as amended, for those lands described above, the maximum permitted cumulative dock width shall be 58 feet and the maximum permitted cumulative first storey boathouse width shall be 36 feet, as shown in the location and extent on Schedule II to By-law 2022-024.

v) Despite the provisions of Sections 4.1.3, 4.1.3.6, and 4.1.3.7 of By-law 2014-14, as amended, for those lands described above, the maximum permitted lot coverage within 200 feet from the high water mark abutting the lot shall be limited to 2,787 square feet or 3.2%, as shown in the location and extent on Schedule II to By-law 2022-024.

All other provisions of By-law 2014-14 apply. To the extent of any conflict between By-law 2022-024 and By-law 2014-14, as amended, the provisions of By-law 2022-024 shall apply.

2. Schedules I and II attached hereto are hereby made part of this By-law.

APPROVED this 12__day of January_, 2023.

Jatinder Bhullar Member, Ontario Land Tribunal

SCHEDULE I TO BY-LAW 2022-024

SCHEDULE II TO BY-LAW 2022-024