Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 13, 2026
CASE NO(S).: OLT-25-000819
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Meteor Mortgage Corporation
Subject: Minor Variance
Description: To permit a legal non-conforming swim dock and barbecue shelter.
Reference Number: A-39/25
Property Address: 1422 Barlochan Rd.
Municipality/UT: Muskoka Lakes / Muskoka
OLT Case No: OLT-25-000819
OLT Lead Case No: OLT-25-000819
OLT Case Name: Meteor Mortgage Corporation v. Muskoka Lakes (“Township”)
Heard: March 12 2026 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Meteor Mortgage Corporation (Appellant) | Adewale Ajayi |
| Township of Muskoka Lakes | Edward Veldboom |
MEMORANDUM OF ORAL DECISION DELIVERED BY K. HEWITT ON MARCH 12, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1These matters come before the Tribunal as a Merit Hearing on appeal of the second request of two minor variances of By-law 2014-14 by the Township of Muskoka Lakes Committee of Adjustment (CoA) on Sept 9, 2025, under section 45 (12) of the Planning Act, to permit a legal non-conforming swim dock and barbecue shelter. The variance to reduce the minimum front yard setback to 51.5 feet from 66 feet was permitted. However, the request to increase the cumulative dock width to 105 feet whereas 75 feet is permitted was declined. The Tribunal has been advised by the Parties that there is a settlement between them resolving the appeal and the Tribunal is satisfied with the proposed settlement.
HEARING
2The Tribunal has reviewed the planning opinion evidence of Emma De Melo and is in agreement with her submissions in Exhibit 1, in support for the proposed settlement and, had no further questions.
3The CoA initially denied the variance for the swim dock and granted the necessary variance for the barbecue shelter, subject to four conditions. The Applicant had satisfied the first condition and appealed the remaining three to the Tribunal.
4Furthermore, the Township of Muskoka Lakes (“Township”) agreed to reduce the scope of conditions originally imposed by removing conditions two and three and revising condition four.
5As a result, the only outstanding item is the variance requested from Section 4.3.1. of By-law 2014-14 to permit a reduction of 14.5 feet, from 66.0 feet to 51.5 feet, front yard setback. This condition was agreed upon by both parties with specific conditions.
6The opinion evidence submitted by Ms. Emma DeMelo suggests the requested variance does meet the four tests as described – the reduction of 14.5 feet is minor in nature; the barbecue shelter is expected to have minimal environmental impacts, will not result in disturbances with respect to privacy and noise for abutting property owners or the larger community, and will not have a negligible impact on the shoreline buffer. The required plantings as per the settlement are sufficient to minimize the dominance of built form and support the beauty and natural function of the shoreline.
7The barbecue shelter abuts an existing single-detached dwelling and is situated over an existing patio. It is desirable and appropriate for the development of the land as the shelter contains no walls which would further reduce the visual impact of the structure.
8The variance also maintains the general intent and purpose of the Zoning By-law, which limits development within the required front yard for the purposes of maintaining the shoreline buffer in a natural state. Adding newly planted trees and vegetation with the existing vegetation as per the agreed settlement meets the required needs to satisfy the intent of the Zoning By-law.
9The Township’s 2013 Official Plan outlines that front yard setbacks in waterfront areas are in place to recognize the importance of shoreline buffers. The requested variance maintains the intent and purpose of the Official Plan, by ensuring that built form is not dominant and that the beauty and natural state of the shoreline is maintained.
MINOR VARIANCE:
- The application is minor in nature.
- It is desirable for the appropriate development or use of the land, building or structure.
- It maintains the general intent and purpose of the zoning bylaw; and
- It maintains the general intent and purpose pf the Official Plan.
ORDER
10THE TRIBUNAL ORDERS THAT the appeal filed by the Applicant in these proceedings are allowed and the variance(s) to By-law 2014-14 as amended are authorized subject to the following condition:
- To permit a reduction of the required 66-foot front yard setback (imposed by section 4.1.3. of the Township of Muskoka Lakes Comprehensive Zoning By-law 2014-14 as amended) to 51.5 feet for an as-built barbecue shelter (being a reduction of 14.5 feet), the owner will enter into a Minor Variance Agreement, the purpose of which is to provide for the retention of existing vegetation and plantings located in the area between the as-built barbecue shelter and shoreline, and further, to provide for the planting of additional vegetation in the area of the shoreline presently occupied (or previously occupied) by a dock to be (that was) removed by the Owner.
“K. Hewitt”
K. HEWITT 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.