Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2024
CASE NO(S).: OLT-23-001028
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000301083 Ontario Limited
Subject: Minor Variance
Description: To reconstruct the dock and to construct a single-story boathouse
Reference Number: A-38/23
Property Address: 1519 Muskoka Road 118 W, Unit 9
Municipality/UT: Muskoka Lakes/Muskoka
OLT Case No.: OLT-23-001028
OLT Lead Case No.: OLT-23-001028
OLT Case Name: Deyman v. Muskoka Lakes (Townships)
Heard: February 7 and 26, 2024 by Video Hearing March 15, 2024 by Written Submissions
APPEARANCES:
Parties Counsel
1000301083 Ontario Ltd. (“Appellant”) M. Kemerer
David and Margaret Smith (“Smiths”) L. Longo
DECISION DELIVERED BY a. sauve AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION AND BACKGROUND
1This Decision relates to a Minor Variance application for an already-built dock. The property, which is the subject of the Minor Variance application, is known as 1519 Muskoka District Road 118 West, Unit 9 (“Subject Property”), with shoreline frontage on Lake Muskoka. The Subject Property is legally described as Part of Lot 12, Concession 5, Lot 30, Part of Lots 29 and 31, Plan 13 (Monck). The Subject Property is 0.53 hectares (“ha”) (1.3 acres) in area with a shoreline frontage of 30.6 metres (“m”) (100.4 feet (“ft”)). It is developed with a single detached dwelling and associated structures, including decks and stairs. It is also developed with the dock, subject to the Minor Variance application.
2The Subject Property and surrounding area is well vegetated, with a general downward slope toward Boyd Bay (Lake Muskoka). The shoreline was once developed with a dock and boathouse located 3.75 m (12.3 ft) from the westerly lot line, which is opposite the lot line where the current dock was constructed.
3The Subject Property is zoned Waterfront Residential (WR1). The minimum lot size for WR1 lots is 60 m of frontage and 0.4 ha of lot area. The Subject Property is grandfathered, given its smaller frontage. It is considered many records for the purposes of the Zoning By-Law (“ZBL”).
4The Appellant received a demolition permit in 2022 for the old dock and boathouse and a building permit the same year to construct the existing dock.
5The building permit was obtained, but the permit was issued without the benefit of a survey, and upon a subsequent inspection and survey after the dock had been constructed, it was determined that the dock had an easterly side yard of 5.63 m, where 9 m is required. The dock is 7.5 m wide and 14.7 m long. The slip in the dock will accommodate a typical ski boat of 6 m with a 3 m wide slip. There is also a smaller slip to house a personal watercraft. The Appellant intends to eventually build a boat house on the dock.
6The Appellant submitted a Minor Variance application to the Township of Muskoka Lakes (“Town”) on July 5, 2023, seeking the following relief:
a. To recognize a side yard setback for a dock of 5.6 m (18.5 ft), whereas 9.1 m (30 ft) is the minimum required side yard setback for a dock.
b. To permit a side yard setback of 7.8 m (25.5 ft), whereas 9.1 m (30 ft) is the minimum required for a single-storey boathouse; and
c. To permit a maximum cumulative single-storey boathouse width of 5.3 m (17.5 ft), whereas 4.9 m (16