Knox v. Lake of Bays (Township), 2026 CanLII 44803

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 04, 2026

CASE NO(S).: OLT-25-000918

PROCEEDING COMMENCED UNDER subsection 12(2), O. Reg.173/16 of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Lynne Knox

Subject: Refusal of a Development Permit application

Description: To legalize a two-storey sleeping cabin

Reference Number: CPP 090-2025 LOB (Knox)

Property Address: 1200 Seabreeze Road

Municipality/UT: Lake of Bays/Muskoka

OLT Case No: OLT-25-000918

OLT Lead Case No: OLT-25-000918

OLT Case Name: Knox v. Lake of Bays (Township)

Heard: April 23, 2026, by Video Hearing

APPEARANCES:

Parties	*Counsel/Representative**
Lynne Knox	Stephen Watt*

DECISION DELIVERED BY N. RODGERS AND ORDER OF THE TRIBUNAL

Link to Order

1The matter before the Tribunal is a Hearing on the merits of an appeal filed by Lynne Knox (“Applicant”) pursuant to section 12(2) of O. Reg. 173/16 of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), in respect of a decision of the Township of Lake of Bays (“Township”) pertaining to a Community Planning Permit Application CPP 090-2025 LOB (“CPP Application”) affecting lands municipally known as 1200 Seabreeze Road (“Subject Lands”).

2In 2023, the Township Chief Building Official attended the Subject Lands and noted the construction of a cottage addition and two-storey sleeping cabin, both constructed without a building and/or planning approval.

3An Order to Comply was issued in November 2023. The Applicants have since obtained building approval for the cottage addition and sought planning approval to permit the two-storey sleeping cabin via the CPP Application.

4The two-storey sleeping cabin has a ground floor area of 35 square metres (“sq m”), a total gross floor area (“GFA”) of 67.6 sq m, and has a height of 5.8 metres (“m”). The sleeping cabin was constructed on the foundation of a detached garage that had been demolished.

5The requested relief from Township Community Planning Permit By-law No. 2021-111 (“CPP By-law”) by the Applicant are as follows:

i. Vary CPP By-law section 3.2.6.2 to permit a sleeping cabin with a maximum GFA of 67.6 sq m, whereas the maximum GFA of a sleeping cabin shall not exceed 54 sq m; and,

ii. Vary CPP By-law section 4.2.1.4.(j) to permit a maximum building height of 5.8 m for a sleeping cabin, whereas the maximum building height for accessory structures is 5.6 m.

6Section 2.12.1(b) of the CPP By-law requires a Class Two – Council Variation request to be reviewed by Township Council. Council must be satisfied that the request does not conflict with the stated criteria for variations, included in section 2.13 of the CPP By-law.

7Township Planning Staff issued a staff report (Exhibit 1, Tab 3) for Township Council consideration. The Staff Report¹ noted no concerns from internal municipal departments or external public agencies including the District of Muskoka. Four letters of support for the requested variation were received and shared with the Township prior to the public meeting.

8The report recommended refusal on the grounds that the CPP Application does not comply with the intent of sections D.10, H.16, H.18, and H.56 of the Lake of Bays Official Plan (“LOB OP”) or the CPP By-law intent, principles and policies for shoreline residential development and does not represent good planning.² On October 28, 2025, the Township Council refused the CPP Application.

9The Subject Lands are situated on the shoreline of Lake of Bays, a large inland freshwater lake. The Subject Lands are a linear east-west lot approximately 0.58 hectares (“ha”) in size, with approximately 30.5 m of shoreline frontage and 30.5 m of frontage on Seabreeze Road. The shoreline of this section of the lake is generally characterized with lots of similar shape, size, and scale.

10The Subject Lands contain a single-storey cottage dwelling, an as-built two-storey sleeping cabin with attached deck, a pump house, a storage shed, and a dock. The property is generally flat from Seabreeze Road to the front of the cottage, where it then slopes gradually down to a plateau area