Special Meeting of Council - 15 Dec 2020 - Highlands East

The Corporation of Municipality of Highlands East

Agenda

Special Meeting of Council (Electronic)

10:00 AM - Tuesday, December 15, 2020

Council Chambers

Municipal Office, 2249 Loop Road, Wilberforce

Notice

This meeting is being held electronically. Members of the public may observe the meeting by visiting the Highlands East website or at https://youtu.be/-zOhZ287PEg

Highlands East appreciates and thanks everyone for taking the necessary safety precautions during this pandemic.

Privacy Statement The Municipal Act requires that all meetings of the Corporation of the Municipality of Highlands East and its Committees are open to the public except where the subject matter of the meeting being considered is exempt under Section 239 of the Municipal Act;

The Municipal Freedom of Information and Protection of Privacy Act protects an individual’s personal information which includes but is not limited to an individual’s name and address, telephone number etc.;

The minutes of public meetings of the Corporation of the Municipality of Highlands East are posted for public viewing on the Corporation of the Municipality of Highlands East Website. Anyone who attends a public meeting of the Corporation of the Municipality of Highlands East and enters their name on the attendance list or speaks publicly at the meeting may have their name and any opinions they may express recorded in the minutes of that specific meeting.

Public Meetings are audio recorded by the local media.

Page(s)

1. Call to Order/Opening of Meeting

1.1

Mayor Burton to call the meeting to order at 10:00 AM.

2. Roll Call

Attendance of Council Members:

Councillor McKenzie

Councillor Partridge

Deputy Mayor Ryall

Councillor Strong

Mayor Burton

3. Disclosure of Pecuniary Interest

of 76

Special Meeting of Council - 15 Dec 2020

4. Approval of Agenda: Additions/Deletions

4.1

Special Meeting Agenda of December 15, 2020. Recommendation:

That the agenda for the Special Meeting of Council on December 15, 2020 be approved as circulated.

5. Reports

5.1 Planning

a.

Rezoning Application: Connor, Michael and Catherine Recommendation:

That Council declares the rezoning application for Connor complete and a public meeting be scheduled in accordance with the requirements of the Planning Act.

Connor-memo

Connor, Blank Application

Survey of existing structures

Site plan showing proposed changes

Close-up of cottage with changes

5 - 29

b.

Rezoning Application: Laroche, Louise and Stewart, Kelly Recommendation:

That Council declares the rezoning application for Laroche and Stewart complete and schedule for a public meeting.

memo(Laroche)

Laroche & Stewart Blank Application

ARCMap

Survey Images

30 - 44

c.

Centre Lake - Ministry of Natural Resources and Forestry Letter Recommendation:

That Council authorize for the CAO and Planner to contact the Ministry of Natural Resources and Forestry (MNRF) for the purpose of discussing the letter the municipality received from the MNRF pertaining to the proposed disposition of the 200’ reserve on Centre Lake and specifically the public consultation to be undertaken by the MNRF concerning the proposed disposition.

CentreLake_Notification_HighlandsEast_2020-11-12

Centre Lk MapCLUPA_Amendment_2020-004_Map1

45 - 48

d.

Shoreline Road Allowance Application - Plater, Corey and Nancy Recommendation:

That the following application for the Closure and Conveyance of

49 - 57

of 76


Shoreline Road Allowance be declared surplus land by Council and that the application be approved in principle and be forwarded to Bishop and Rogers for processing for applicant;

Plater, Corey and Nancy

Con.5, Lot 2, 1093 Miners Cliff Drive, Salerno Lake, Highlands East, County of Haliburton, Roll # 4601 901 000 55700 and;

Furthermore That the applicant apply for a rezoning application and ;

That the applicant continue communicating with the Building Department regarding the deck and any other items as outlined within the By-law Enforcement Officer's report.

Report Shoreline Road Allowance Application - Plater, Corey and Nancy - Pdf

e.

Shoreline Road Allowance Application - Fox, Rhonda Recommendation:

That the following application for the Closure and Conveyance of Shoreline Road Allowance be declared surplus land by Council and that the application be approved in principle and be forwarded to Bishop and Rogers for processing for applicant;

Fox, Rhonda

Con.15, Pt. Lot 7, Plan 13935,1085 Rockcliffe Dr., Koshlong Lake, Highlands East, County of Haliburton, Roll # 4601 903 000 12800 and;

Furthermore That the applicant comply with the comments outlined within the By-law Enforcement Officer's report such as to the structures on the land and that a rezoning application needs to be considered with discussion with the Chief Building Official and Municipal Planner.

Report Shoreline Road Allowance Application - Fox, Rhonda - Pdf

58 - 71

5.2 Finance

a.

Application for Write Off of Uncollectible Taxes Recommendation:

That Council receives the report "Application for Write Off of Uncollectible Taxes" and;

That Council approve the reduction of taxes for the properties listed on the attached schedule for the years 2018, 2019 and 2020 pertaining to section 357.

Report Application for Write Off of Uncollectible Taxes - Pdf

72 - 75

of 76


5.3 Finance - Capital Forecast for Budget 2021

These documents will be presented to Council at time of meeting

a.

Roads Department

b.

Building Department

c.

Parks, Recreation and Facilities Department

d.

Fire Department

e.

Environmental Department

f.

By-law Enforcement Department

g.

General Administration Department Recommendation:

That Council receives each of the municipal departments capital forecasting as presented at this meeting.

6. Confirmatory By-law

6.1

Confirmatory By-law # 2020-92 Recommendation:

That By-law # 2020-92, being a By-law to confirm the proceedings of Council at its Special Meeting of December 15, 2020 be Enacted, Approved, and Signed with the Corporate Seal attached.

2020-92 Confirming Bylaw

76

7. Adjournment

7.1

Adjournment of December 15, 2020 Special Meeting of Council. Recommendation:

That the Special Meeting of Council for December 15, 2020 be adjourned at ____.

of 76

• Municipal Planning Services Ltd. •

• Municipal Planning Services Ltd •

Barrie, Ontario (705) 725-8133

MEMORANDUM

To: Mayor Burton and Members of Council

Copy: Ms. Shannon Hunter, CAO

From: Chris Jones MCIP, RPP

Date: December 9, 2020

Re: Proposed ZBA - Part Lot 15, Concession 5 (Glamorgan) – Connor

BACKGROUND The Municipality has received an application for a zoning by-law amendment for a shoreline lot on Contau Lake. The lot is described legally as Part 1, Plan 19R-8161 and is located in Part of Lot 15, Concession 5 (Glamorgan). The property address is 1852 Contau Lake Road. The location of the subject lands is shown in Figure 1. Figure 1 – Location of Subject Lands

CONTAU LAKE RD

HUSH DR

ROTU

NDA

DR

Subject Lands

¯

Con 5

Lot 16

Contau Lake

Lot 15Lot 14

Con 6

The applicant’s lot has an area of approximately 1.41 hectares (3.49 acres) and a shoreline frontage of approximately 50 metres (164 feet). The lot is currently occupied by a detached single-storey dwelling with a ground floor area of 86.22 m2 (928 ft2), an attached deck with a floor area of 46.4 m2 (500 ft2), a frame shed with a floor area of

Agenda Item #a. of 76



2

4.6 m2 (50 ft2) and a guest cabin with an attached deck with a floor area of 67.87 m2 (731 ft2). The applicant wishes to construct a new foundation under the existing dwelling and construct a lateral addition to the dwelling and deck. Figure 2 is an excerpt of the applicant’s site plan which shows the existing dwelling as well as the proposed dwelling and deck additions. Figure 2 – Site Plan

The resultant dwelling would have a total floor area of 142.2 m2 (1,530 ft2) and the resultant deck would have a floor area of 78.4 m2 (844 ft2). It is also noted the existing dwelling would be shifted marginally further back from shoreline. In order to construct the new dwelling the applicant requires an exception to recognize the minimum shoreline setback and permit a limited new encroachment into the shoreline setback. The applicant also requires an exemption from Section 3.21 (a) (iii) of the Zoning By-law which limits increases in the height of dwellings located in the shoreline setback and also restricts the lateral expansion of dwellings located in the shoreline setback. According to the applicant’s site plan, the current shoreline setbacks are approximately 14 metres to the dwelling and 10.6 metres to the attached deck at the nearest point. Given the irregular nature of the shoreline, in order for the existing cottage and deck to




3

be extended in lateral manner the additions will be marginally closer the shoreline by 1 to 3 metres. It is noted the applicant has elected to angle the lake-facing portion of the new deck away from the shoreline in order to maximize the shoreline setback. The elevations submitted by the applicant do not suggest the resultant dwelling will be able to accommodate a walk-out basement. OFFICIAL PLAN The subject lands are designated Shoreline. Section 3.3.9.2 sets out policies to guide Council in making decisions with respect to reductions to shoreline setbacks. This section states:

In some cases it is recognized that landowners may apply to seek relief from the required shoreline setback. In reviewing such cases, the Committee of Adjustment or Council shall be satisfied that the reduction will not adversely impact environmental features or functions, and:

a) The proposed setback is reasonable based on the size, shape and/or topography of the lot; or,

b) Mitigative measures have been provided to ensure the intent of Section 2.3.5 is

maintained. Section 3.3.13 b) is a design guideline that has applicability to the proposal, it states:

The design of all buildings shall have regard to appropriate setbacks and the protection or provision of vegetative buffers along the lakefront. Buildings should be massed to recognize appropriate scale and provide an appropriate building height at the waterfront and be designed to provide visual variety and interest. Generally, building features such as canopies, decks, and varying façade materials and stepbacks should be used to reinforce a lake friendly scale.

ANALYSIS I have been able to visit the site and while the size of the reconstructed dwelling and deck will be considerably larger than the existing structure, it is noted that the existing shoreline setback will be generally respected, the applicant is proposing to move the existing dwelling further away from the shoreline and the applicant has also designed the deck addition in such a manner that it angles away from the shoreline in order to maximize the shoreline setback. RECOMMENDATION At this time I would recommend the application be declared complete and a public meeting be scheduled in accordance with the requirements of the Planning Act.




4

Respectfully Submitted,

_______________________ Chris D. Jones MCIP, RPP


) J

File No. HE-RZ-=File No. HE—MV—


>4«%€Mz«

SKETCHIREFERENCE


SITE VISITS:

6. The Applicant acknowledges that Municipal staff, Councillors or Committee members may be required to visitthe property which is the subject of this application in order to process this application. The Applicant consentsto such site visits as may be required.

7. The Applicant acknowledges that the processing of this application may require the taking of pictures, either stillor video, of the subject property. The Applicant consents to such pictures as may be required.

INTERIM BILLING:

8. Where the Municipality finds it necessary to make extensive use of professional assistance in the processing ofthis application, the Municipality may submit to the Applicant, and the Applicant agrees to pay promptly, interimaccounts from time to time in respect of all reasonable expenses incurred by the Municipality, payment for whichhave been made by the Municipality or invoices for which have been received by the Municipality.

'/ Per: (1g?/K’

Owner’s Signature

Per:

WITNESSED BY:

0wner’s Signature

20 O


6TI9E'3l!l|°S UEI

OSZ17-SU5!SBC|01 SUJESJQ:a'u.u. J33)-IS

pasodcud1NOLLdIH3S3O 4D¥fUHd

¥t!||0S UEI

s?uwurlanews HApa.Ia:sI|'za.I S! uug amwe 's?u»=I!na IIEUISU!uaunenhwe 1 ‘awn

?uapuna aux:0 '3 uwswa ;o 'v'z'2 uonaasansAapun pEJil}S|63.l uuue;u must: no you

U?l?fl an A0; A1|||q|su0d9.I 3:121pua Mama; 1

DATE:2020-O9-28SCALE:1/4!! = 1.SHEET:

_TJ_._T

wu-cumin-we

E4 W


H

wr?“

A

__,..| x _.m _

M A as 5‘ ? n 9

M L‘ w.. § : .

{

s Wo wan

am,3 .J..uuuiu .1

.|. 1 _J .\. 1 WF

$174,/VLF ,$Tw¢Li;.»+.%1 %1J1LT.#u1u F

$7,.‘I

,[I

l{ m

I L1

‘l

"H

:1* T

Ff.L

ELVU A9 NOU.dI\DS3U ‘ON

6IT9E"11!l|0S U91

ogzv-su?gsaa onsL.ueaJa13‘LUJ.ESHS

pasodmd3N0[J.dl}l3S§O JDEIUNIJ

DIIIDS U9155'-'1|7I!"il II?‘-USU! D3J315l53J5! “"9 all

pue ‘s?ugpung "ems npaguenh we 1 'apu35“|pl!"E 3'11 JO ‘3 U0!5ll\!G J0 'l7‘Z'E U°!1>35Q“5

JEDUFIpalaxsg?a: uuu ago guzqaq un momu?gsap an:an; A1!|gq|suodsa1 3:191 pun M.ayAaJ 1

DATE2019-12-04SCALE.1/4.. = 1.SHEET

ax}: axxum :x.$m

.52". .3

umm23 _. vxoxn oz_n_._mrm: Lmxb ..N«$22.. a ..$xsa m1m:.._.E.zm:mm<u u._m3ou ...mx.._. ,8

m n23 .mxsa ma?a aux: .rmx..v_ .3.mmmz3 u amxmxn mm?a nmxm .$x.z Aw«$23.. n Nmxnxn :22 nm._._:z .$x.v_ is Ew

w. 92.I

ummz3 « amxoxn 3“. uoou.._.mv_uE mmmm_.S._ n ,:.xoxu n<._m.nmoz_.._ ea w«$23.. n :3. n<._m.nmoz_:.bm 3.,mmm::._ n .vmxoxn n?m.nmoz_.._ .._.xmmmmz? « ..:.x2xn Em moon.mmn_..m

mmmzi n‘L.x8;._z<mmw«._w.mmnDm.bm B

«M523 Lhxsa xx moon.nmoz_: 8mumz3 n ..mmx9a «E moon.nmoz__.. mmmmmz:._ .. 3.... mound oz_x ._«$23 u .2? u xx mooa.Ev.ocn_ .@mmm:3 n ..:w§a moonmm?o mSm‘nuoz_: W8

‘

mmm2_..._ n .._03xm «E moon.nmez_:‘

awnmat mu...1 m n m 2 EE ow. ._.om:

msnamonnmom%n 3Muams.

u

E8.

(‘Iv-:-

N

2°xm._$8xm._ R

xm._S5n

zE£$

xm.Sz_.;3uz_ma3n

2.:.3 «

z_._$nm

z_._$S

N.

1“I—(Vv-:-

I.L~—u-u— v-v—u--OOQv-

m?uamcommonVenn?xmomow3 2%?

t’-’,.,_,_._,_,_,_._,_,_._._

mac3%amen

San$8

moo‘

33a anmawnmama3:m

:.Ima:V02.2:SI23

inmaNE.303

n3m3Enmen«onSD

mm: 2


_1 ,‘J

L1\\

{ILMJ zlzxH._

9 ?l ?m, 1 L34.g«x‘\J .r ;m,,‘,.,"lI

:.:.,_____

u niniwi?.uTxT

3.LV('l AH NOLMRDSEO ‘ON

6I'[9€-11!||°S UPI

OSZ17-SU5!S9(]01 SLUEBJGiauu. J.aaHS

pasodmd3NOLLdl2l3S3U .lJEl[U¥d

13!|l°S U91

55-nouns:news ul naxazsn?az5! uuuampm: ‘s?ugpung "ems ug paunznh we 1-apag

‘

5|-|!FI|“€ Bill 15 '3 U‘-151510J“ 'V'Z'E “9!1395W"5;apun pa.:aJsy6a.I uuu e;o ueqaq uu mum

u?gsap am10; Mllqusuudsa: z-muDUEmama; 1

DATE2019-12-04SCALE:1/4.. = 1.SHEEF


“@m.@¢N?mm


IMPERIAL:DISTANCESSHOWN ON THIS PLANARE INFEETANDCANBE CONVERTEDTO METRICBYMULTIPLYINGBY0.3048 .

CONCESSI0 6 E E

V

SURVEYOR'SREALPROPERTY REPORT

PIN 39227~O‘|15(LT)

CONTAU LAI<E ROAD E,},{:‘,E‘,,‘3§,§;JRVEY°FROAD ALLOWANCE BETWEEN CONCESSIONS5 AND 6 CONCESSIONS

GEOGRAPHIC TOWNSHIP OF GLAMORGAN

§g,B,,,,,______ N69.m.00,E“"""""° “‘FE”E"°‘ ”"‘\ "’ZIc3"o.”I‘é"$’ __.._._ 0+o0 MUNICIPALITYOFHIGHLANDSEAST

66.0’

.._._ v" ‘I ’ .’ .' EI I (P3335535, 23,, (P153-$25, 2,3,, COUNTYOF HALIBURTON

/ / NORTHWEST (165.00' DEED)

"\CORNER 2 0 40 so 120 160

53 LOT 15,

/ / Q S CONCESSION5 .

8: ' ~‘ SCALE: 1 INCH = 40 FEET

/ / LOT 15_"‘ PART 2 - REPORT SUMMARY

/ / PIN 39227431 75(LT) THIS PLANHAS BEENPREPARED FOR THE USE OF:

: I STONEY IAKE HOMES &COTTAGES ON BEHALFOF

~‘ / ,:=ART 1.4.’PI —,9;; -- 5.312 5 3 MICHAEL&CATHERINECONNOR

REGISTEREDEASEMENTSAND/ORRIGHTSOF WAY:*NONE”

NOTABLEFEATURES:PORTIONOF WIRE FENCE LOCATEDWEST OF WESTERLYPROPERTY LIMIT

E COMPLIANCEWITHMUNICIPALZONINGBY-LAWS:NOT CERTIFIEDBYTHIS REPORT

X149.72’(P7:9:MEAS)"I3/WHO688.38’(ME/I5)

/M SURVEYOR'S CERTIFICATE

I CERTIFYTHAT:

887’:I:

-, Q’;~_ 1) THIS SURVEYAND PLANARE CORRECTANDARE‘

- _ 43‘'. INACCORDANCEWITHTHE SURVEYSACTAND

l ‘.’

- THE SURVEYORS ACTANDTHE REGULATIONSMADEUNDER THEM.

2) THE SURVEY WAS COMPLETEDON DECEMBER4, 20

‘ISAND

SIGNEDAT LAKEFIELD,ONTARIO CHRIS .THIS 9th DAYOF DECEMBER, 2019 ONTARIOLAN SURVEYOR

+97

BETWEEN

LOTSI14III

..- E

LEGEND' I _5 I --------- -~ DENOTES SURVEY MONUMENT, FOUND

/ 5 : WIT DENOTES WITNESS' 5 IP DENOTES IRON PIPE

934 - - DENOTESH.C. BISHOP, O.L.S.' _- .’ B&W- - DENOTES BISHOP & WILSON, O.L.S.

I .‘ .' P1 ------ - - DENOTESPLAN19R-8161

LINE

P2 DENOTES PLAN 19R—5012

DEED ----- -~ DENOTES H129309

PIN 39227-O167(LT)

I BEARINGSSHOWN HEREONARE ASTRONOMICDERIVEDFROM THE.‘ .' SOUTHERLYLIMITOF ROADALLOWANCEBETWEENCONCESSIONS5 8:5.

AS SHOWN ON P1, HAVINGA BEARINGOF N69°01'0O"E.

472 57' (MEAS)(477.06' P1)(47115 P2)WIRES(P1 3: MEAS)865.71’FENCE(/v2o5o'3o"w P2)(P1 3: MEAS)N20'51'4-O"WW‘:

(‘I,:-C-)I /\I-I I

:2: Z’ ,5 POLE

-_,

PIN 39227—O176(LT)AND WIRE._0RI'vE.'."'PIN 39227-OI 55(LT)

@//POST__ ‘UTILITY(P1 J: MEAS)N20'51’10”W

0.7 3(4v;IT)

CONCESSIONI

98’:I: _--Y ——T---—-

7———48,1:

I I _-‘

:H POLE

NI .5 .-

EA 3/ NOTE-3 E‘ U

'

3 ft g . ALLELEVATIONSSHOWN HEREONARE REFERREDTO THE SILLOF THE DAMAT THE

8 L‘, o . OUTLETOF CONTAU LAKEHAVINGAN ASSIGNEDELEVATIONOF 101.5 (ASSUMEDDATUM)

(O 3 CONTAULAKEIs ARTIFICIALLYREGULATEDTO CONTOUR ELEVATION105.5 (ASSUMED

Q'8; I DATUM)As SHOWN ON P1.

NOTE: NO PERSON MAYCOPY, REPRODUCE, DISTRIBUTEOR ALTERTHIS PLANINWHOLEOR INPART WITHOUTTHE WRITTENPERMISSION OF JBF SURVEYORS.

BENQH!“BK© JBF SURVEYORS2019

TOP OF IB = 109.2’(ASSUMEDDATUM)

IIIIIIIIIIIIIIIIIIII

A

IZ} I

IIIIIIIIIIIIIIIIIIIII

ASSOCIATIONOF ONTARIOLAND SURVEYORS

PLAN SUBMISSION FORM

21068329+29 (P1 .2 SET)

R MAXIMUMCONTROLLEDWATER’EDGE ~

OAD CONTOUR= 105.5 (ASSUMEDDATUM)THIS PLAN IS NOT VALID

UNLESS IT IS AN EMBOSSEDORIGINALCOPY

ISSUED BY THE SURVEYORIn G W-I”!

Regulation I026, Section 29(3).

66.00:

ALLOWANCE

44 CLEMENTIST., BOX 70LAKEFIELD,ON KOL2H0

I_AKE PHONE: 705-652-6198“E [email protected]

JBF SURVEYORS

CO/\/TAUJBF SURVEYORS

PROJ. # 7352


JBF SURVEYORS44 CLEMENTI ST., BOX 70LAKEFIELD, ON K0L 2H0PHONE: 705-652-6198

PROJ. # 7352 SITE PLAN

NOTE: [email protected]

IMPERIAL:DISTANCES SHOWN ON THIS PLAN ARE IN FEET AND CAN BE CONVERTED TO METRIC BY MULTIPLYING BY 0.3048 .

NO PERSON MAY COPY, REPRODUCE, DISTRIBUTE OR ALTER THIS PLAN IN WHOLE

OR IN PART WITHOUT THE WRITTEN PERMISSION OF JBF SURVEYORS.

© JBF SURVEYORS 2020

LOT AREA:

9 DECEMBER, 2019.

SITE STATISTICS

PART LOT 15

LEGEND

XXXX sq. ft.

(XXX%)

XXXXX sq. ft.

LOT COVERAGE EXISTING BUILDINGS:

XXXXXXX sq.ft.

LOT COVERAGE PROPOSED BUILDINGS:

AREA OF PROPOSED BUILDINGS:

AREA OF EXISTING BUILDINGS:

OWNERSHIP OR FINANCING ARRANGEMENTS.

SHOWN ON THIS PLAN.

BOUNDARY INFORMATION SHOWN ON THIS SITE PLAN HAS BEEN TAKEN FROM A

PLAN OF SURVEY PREPARED BY JBF SURVEYORS OLS, DATED

CAUTION: THIS IS NOT A PLAN OF SURVEY

THIS SITE PLAN SHOULD NOT BE UTILIZED FOR ANY TRANSFER OF TITLE/

NO NEW FIELD WORK HAS BEEN CONDUCTED TO VERIFY THE INFORMATION

DATE: JANUARY 8 2020

LEGAL DESCRIPTION

DENOTES PROPOSED SETBACK

GEOGRAPHIC TOWNSHIP OF GLAMORGAN

CONCESSION 5

1852 CONTAU LAKE ROAD

PROPOSED ADDITION AND DECKSSITE PLAN SHOWING

MUNICIPALITY OF HIGHLANDS EAST

COUNTY OF HALIBURTON

120

SCALE: 1 INCH = 40 FEET

80400

AT

160

(XXX%)

PROPOSED DECK

EXISTING COTTAGERELOCATED

PROPOSED

ADDITION

PROPOSED

DECK

REFERENCE BEARING


PROPOSED DECK

EXISTING COTTAGERELOCATED

PROPOSED

ADDITION

PROPOSED

DECK

REFERENCE BEARING

Agenda Item

#a. of 76


• Municipal Planning Services Ltd •


MEMORANDUM

To: Mayor Burton and Members of Council

Copy: Ms. Shannon Hunter, CAO

From: Chris Jones MCIP, RPP

Date: December 9, 2020

Re: Proposed ZBA - Part Lot 22, Concession 11 (Cardiff) – Laroche

BACKGROUND The Municipality has received an application for a zoning by-law amendment for a shoreline lot on Paudash Lake. The lot is described legally as Lot 8, Plan 396 and is located in Part of Lot 22, Concession 11 (Cardiff). The property address is 1264 Closs Drive. The location of the subject lands is shown in Figure 1. Figure 1 – Location of Subject Lands

CLOSS DR

AMY DR

ATLA

NTIC

LAN

E

Subject Lands

Lot 23

¯

Con 11

Lot 22

Paudash Lake

Lot 21

The applicant’s lot has an area of approximately 3,642 m2 (39,204 ft2) and a shoreline frontage of approximately 48.8 metres (109 feet). The lot is currently occupied by a detached single-storey dwelling with a ground floor area of 177.4 m2 (582 ft2), an attached deck with a floor area of 54.9 m2 (180 ft2) and a guest cabin with a floor area of 40.2 m2 (132 ft2). Figure 2 is an excerpt of the applicant’s survey which illustrates the location of existing buildings and structures on the lot.

Agenda Item #b. of 76



2

Figure 2 – Survey of Existing Buildings and Structures

The applicant wishes to replace the existing dwelling with a new dwelling that generally maintains the existing shoreline setback, which is approximately 22 metres at one corner and 17 metres at the other corner. The proposed new dwelling would be a two-storey dwelling with a ground floor area of 112.4 m2 (1,210 ft2) and a total floor area of 173.8 m2 (1,870 ft2). The new dwelling would also have two attached decks, one a lake facing deck with a floor area of 30.1m2 (324 ft2) and the other would be attached to the west side of the dwelling with a floor area of 32.7 m2 (352 ft2). In order to construct the new dwelling the applicant requires an exception to recognize the minimum shoreline setback and to accommodate a lateral expansion of the existing dwelling and deck. The applicant also requires an exemption from Section 3.21 (a) (iii) of the Zoning By-law which limits the lateral width and height of dwellings located in the shoreline setback. In this case the current height of the dwelling is 7.3 metres and the proposed height is 8.7 metres. A site plan of the proposed replacement dwelling is provided in Figure 3:




3

Figure 3 – Site Plan of Replacement Dwelling

A lake-facing elevation of the proposed replacement dwelling is provided at Figure 4: Figure 4 – Elevation of Proposed Dwelling (Lake Facing)




4

OFFICIAL PLAN The subject lands are designated Shoreline. Section 3.3.9.2 sets out policies to guide Council in making decisions with respect to reductions to shoreline setbacks. This section states:

In some cases it is recognized that landowners may apply to seek relief from the required shoreline setback. In reviewing such cases, the Committee of Adjustment or Council shall be satisfied that the reduction will not adversely impact environmental features or functions, and:

a) The proposed setback is reasonable based on the size, shape and/or topography of the lot; or,

b) Mitigative measures have been provided to ensure the intent of Section 2.3.5 is

maintained. Section 3.3.13 b) is a design guideline that has applicability to the proposal, it states:

The design of all buildings shall have regard to appropriate setbacks and the protection or provision of vegetative buffers along the lakefront. Buildings should be massed to recognize appropriate scale and provide an appropriate building height at the waterfront and be designed to provide visual variety and interest. Generally, building features such as canopies, decks, and varying façade materials and stepbacks should be used to reinforce a lake friendly scale.

ANALYSIS I have been to the applicant’s site and find the size of the proposed dwelling to be appropriate given the challenging topography of the lot. It is noted that the existing dwelling is almost compliant with the required shoreline setback and the proposed new dwelling should not necessitate substantial site alteration or tree removals. It is noted the application may require a permit from the Crowe Valley Conservation Authority and it is understood the applicant has initiated discussions with the CVCA. Comments from the CVCA will be required prior to Council making a decision on the application. RECOMMENDATION It is recommended the application be declared complete and scheduled for a public meeting. Respectfully Submitted,

_______________________ Chris D. Jones MCIP, RPP


‘>L

fl}ilhj

34%?

1994 J .\Le

__ A

‘ghnv \ ‘\a

R{H \\ J L

‘\ e ‘Waga \ ‘k hog T

(Jr heL0 Lame and Ke,( S”Name of Owner(s):

Telephone No.:

Address:

MUNICIPALITY OF HIGHLANDS EASTAPPLICATION FOR REZONING OR MINOR VARIANCE

Rezonin Applications: Planning Act, 1990, R.S.0. c. P. 13 O. Reg. 199/96, Schedule; 0. Reg. 428/96Minor Variance: Planning Act, 1990, R.S.0_.c. P. 13, O. Reg. 200/96

The undersigned hereby applies to the Municipality of Highlands East for a Rezoning or Minor Variance from By-law No. 2005-29, as amended, for lands described herein:

SECTION "A "- APPLICANT AND OWNERSHIP INFORMATION

Name of Agent (if any):

Telephone No.: Residence:

Address:

(907

CUES VI

9 "OI - 01-0oo—H(?00~0ooo

100

B‘\c\~o’§Lot/Part

Township of

3. Legal Description of subject land:

Note: Unless otherwise requested, all communications will be sent to the agent, if any.

Postal Code

(a) Area

(b) 9 -1-] Address


OT217 7

LOT 22, CON 1


nmazz

..3..3,

xxxxxxxxxxxxx V

v.w..mw_w.x..WW:5 ,3

.4,.x

‘

: \_

32 %».?ES P:


n


1

Ministry of Natural Resources and Forestry Bancroft District Office PO Box 500 106 Monck Street Bancroft, ON K0L 1C0 Telephone: 613-332-3940 Facsimile: 613-332-0608

Ministère des Richesses naturelles et des Forêts Bureau de district de Bancroft Boîte postale 500 106, rue Monck Bancroft, ON K0L 1C0 Téléphone: 613-332-3940 Télécopieur: 613-332-0608

November 12, 2020

By email to: [email protected]

Re: Crown Land Use Policy Amendment Regarding Dispositions for Cottaging on

Centre Lake

Dear Robyn Rogers,

This letter is to provide an update regarding two requests to amend land use policy

received by the Ministry of Natural Resources and Forestry (MNRF) from landowners

interested in pursuing shoreline development on Centre Lake, in the Geographic

Township of Cardiff. The amendment requests are to permit disposition of a 200-ft

Crown shoreline reserve on Centre Lake to be considered for cottaging purposes.

MNRF, as the steward of Crown land in Ontario, may dispose of the public lands under

the Public Lands Act. Activities carried out on Crown lands must be consistent with

area-specific land use policies available through the Crown Land Use Policy Atlas, or

CLUPA (https://www.ontario.ca/page/crown-land-use-policy-atlas). The land use policy

for the 200-ft Crown shoreline reserve on Centre Lake currently does not permit

disposition of Crown Lands for new cottage lots (G340: Multiple Resource Management

Area). An amendment to the land use policy is required prior to enabling MNRF to

consider disposing of the 200-ft Crown shoreline reserve for cottaging purposes.

Our understanding is that the Municipality of Highlands East is supportive of MNRF

disposing of the 200-ft Crown shoreline reserve to any abutting landowner based on the

potential for local and regional economic benefits. Based on a resolution letter from

August 11th, we also understand that the municipality awaits confirmation of MNRF

disposition of the 200-ft Crown shoreline reserve prior to engaging in pre-consultation

with either landowner on Planning Act approvals for potential shoreline development.

Ministry staff have reviewed the two amendment submissions in accordance with the

criteria outlined in section 5.2 of The Guide for Crown Land Use Planning. At this time,

Agenda Item #c. of 76

mailto:[email protected]


https://www.ontario.ca/page/crown-land-use-policy-atlas

https://www.ontario.ca/page/crown-land-use-policy-atlas

2

MNRF is moving forward with a single proposed minor amendment scoped to the

Centre Lake 200-ft shoreline reserve (#2020-004). Please see the attached map

which outlines the scope of the proposed land use amendment and the approximate

location of the subject lands of interest to the applicants.

The land use policy amendment is a public process that considers Indigenous,

municipality and stakeholder interests. During the consultation phase, the amendment is

posted as a proposal notice to the Crown Land Use Policy Atlas (CLUPA) and may be

posted to the Environmental Registry of Ontario as required. Minimum public

consultation requirements for a minor amendment include direct notification to local

stakeholders. Consultation on land use amendments must meet constitutional

obligations to consult with Indigenous communities.

Where an undertaking may directly affect the municipality, MNRF is required under

Section 6(2) of the Planning Act to consult and consider the planning policies of the

municipality. The land use policy amendment process provides an opportunity for the

Municipality of Highlands East to assess and share feedback on the feasibility, risks and

benefits of cottage lot development on Centre Lake and what this could mean for your

area. We want to ensure full consideration of potential impacts or benefits to your

municipality and would appreciate hearing your perspective on this matter.

MNRF acknowledges the sequential nature of decisions that must occur to enable a

proposal for shoreline development to proceed. Given this, MNRF is committed to

seeking out efficiencies to coordinate Ministry process steps where appropriate, such as

consultation required for the amendment and MNRF’s Class Environmental Assessment

for Resource Stewardship and Facility Design (RSFD) in support of the disposition.

There may also be an opportunity for the Municipality of Highlands East to work with the

applicants to understand their development proposals and communicate the steps that

may be required to obtain any necessary Planning Act approvals, should they proceed.

We would encourage you to reach out to the applicants regarding any questions you

may have about their proposals.

If you have any questions or would like to provide feedback on the proposed land use

amendment at this time, please contact Pauline Capelle, Regional Planner at

[email protected] or 705-761-5633, or Ruth Lindenburger, Land Use

Planning Supervisor (A) at [email protected] or 705-313-0391. As we

initiate formal consultation in support of the land use policy amendment, we will follow

up to provide you with further information about the consultation opportunity, where you

can find information, timelines and methods of commenting.






3

Sincerely,

Suzy Shalla

District Manager (A)


G340

CARDIFFTWP

TwinLakes

HardingsLake

CentreLake

LOOP

ROAD

HIGHWAY 118

© Queen's Printer for Ontario

Disposition of Crown Land for Cottaging on Centre Lake (2020-004)

1:12,500Scale:

Proposed Changes to Area Specific Land Use Policy in G340

Land use mapping current as of 7/10/2020

Other Land Use Designations and Features

Crown Land Use DesignationsGeneral Use AreaExisting Provincial ParkRecommended Provincial ParkExisting Conservation ReserveRecommended Conservation ReserveEnhanced Management AreaForest ReserveWilderness AreaOverlay Designation

! ! ! !

RoadRailroadUtility LineLake \ RiverGeographic TownshipPIC ¯Private \ Patent Land

This map is illustrative only. Do not rely on it as being a precise indicator of privately owned land, routes, locations of features, nor as a guide to navigation. The land use direction that is included is only intended to apply to Ontario Crown land. Where a Crown land use designation appears to overlap private land, Federal land or Indian Reserves that portion of the site is not being considered as a part of the land use designation. Where a recommended provincial park or conservation reserve appears to overlap an area with existing mining tenure, the area does not form part of the recommended park or conservation reserve and instead is designated as a forest reserve.

Region Map

Land Use Amendment TypeProposed Amendment Area

Municipal \ Patent Land

Application 2

Areas Considered for DispositionApplication 1

Agenda Item

#c. of 76

Staff Report SR #2020-056 To Mayor and Council

Department Planning

Prepared by Robyn Rogers, Municipal Clerk

Meeting Date Special Meeting of Council - 15 Dec 2020

Subject Shoreline Road Allowance Application - Plater, Corey and Nancy

Recommendation That the following application for the Closure and Conveyance of Shoreline Road Allowance be declared surplus land by Council and that the application be approved in principle and be forwarded to Bishop and Rogers for processing for applicant; Plater, Corey and Nancy Con.5, Lot 2, 1093 Miners Cliff Drive, Salerno Lake, Highlands East, County of Haliburton, Roll # 4601 901 000 55700 and; Furthermore That the applicant apply for a rezoning application and ; That the applicant continue communicating with the Building Department regarding the deck and any other items as outlined within the By-law Enforcement Officer's report. Purpose of Report The purpose of this staff report is to provide Council with the application for consideration to declare lands surplus for sale. Origin: The application was submitted to the municipality on October 22, 2020 Background and Analysis The applicant's are requesting Council to consider selling the shoreline owned by the municipality that is adjacent to their property. The By-law Enforcement Officer's report contained comment stating that the applicant is communicating with the Building Dept. regarding the new larger deck however an application for rezoning has not been completed at the time of this report being written. Major Benefits

Agenda Item #d. of 76

Having Council willing to sell the shoreline to the applicant provides Council the opportunity to have the applicant legalize any matters pertaining to the resident's land which may be in contravention of the municipal zoning by-law. Risk/Safety Benefits If there are unsafe or illegal structures on the land it provides Council the opportunity to have landowners rectify any issues so the structures and land are in compliance with the Building Code and municipal by-laws and policies such as, the Zoning By-law. The inspection completed by the By-law Enforcement Officer sets out any issues the property may have. Legal Implications/Legislative Requirements If Council approves in principle to selling of the land, then the shoreline process and any other requirements set out by the municipality begin under the legislative process. Financial Implications Shoreline Purchase Application fee $1,350.00; $1,000.00 for first 150’ feet of shoreline $3.00’ foot for every additional foot and $350.00 for administration costs. All legal costs, plus disbursements, plus applicable taxes, are the responsibility of the applicant. Follow Up Action If Council approves to declare the land surplus, then communication between the Building, Planning and By-law Departments are undertaken to make sure that the applicant is fulfilling the conditions as set out by all departments. If all conditions are met then the application is sent to Bishop and Rogers, municipal solicitor for processing. Communication/Public Engagement The purchase of shoreline does have mandated requirements, one being that the land must be advertised as surplus and the proposed sale of property by the municipality. References Bishop and Rogers, municipal solicitor. Attachments 69 - 3 - 2020 PLATER Blank app. -Plater 69-3-2020 PLATER Sketch Approved by Status: Shannon Hunter, Chief Administrative Officer-Treasurer

Approved - 10 Dec 2020


2249 Loop Road

P.O. Box 295, Wilberforce, Ontario K0L 3C0

Telephone: 705-448-2981 Fax: 705-448-2532

Website: www.highlandseast.ca

H.S.T. # 108133430RT0001

Geographic Townships of Bicroft, Cardiff, Glamorgan and Monmouth

Wayne Galloway

By-law Officer

(613)339-2442

[email protected]

File #: 69 –3 - 2020

Date Received: 22 October 2020 @ 12:34 p.m.

Complainant: Robyn ROGERS, Clerk

C/o Municipality of Highlands East

Planning Department

Wilberforce, Ontario

K0L 3C0

(705) 448-2981

Complaint: Robyn ROGERS, Clerk forwarded an e-mail to the writer requesting a site inspection

at 1093 Miners Cliff Drive in regards to an application to purchase the shore road

allowance.

Incident Location: 1093 Miners Cliff Drive, - Ward 3

Con. 5, South Part Lot 2,

115 feet of frontage on .19 acres

The shoreline road allowance associated with this property does not appear to be

owned.

Roll Number: 4601-901-000-55700-0000

Geographical Township of Glamorgan

History: This property was previously inspected on 10 June 2020 for zoning compliance under

report 34-3-2020.

The roll file was reviewed by the writer at that time and contains the following

documentation;

- Building permit 78-46 that was issued on 29 June 1978 for the construction of a

12 foot by 6 foot outside privy and shed and an addition to the dwelling that was

to be 8 feet by 10 feet.

- Building permit 57-85 that was issued on 29 July 1985 for a 16 foot by 14 foot

addition to the dwelling.

- Zoning compliance request form dated 07 June 1988

- Change of address form for WELCH dated 27 February 2018

- Change of address form for WELCH dated 03 April 2018

Zoning: This property is currently zoned as Limited Service Residential (LSR).


http://www.highlandseast.ca/

2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


Official Plan Designation: This property is currently designated as being in the Shoreline area of the

Highlands East Official Plan.

Investigation: As per complaint.

Action Taken: On 30 October 2020 at approximately 9:55 p.m. the writer attended 1093

Miners Cliff Drive for the purposes of conducting an inspection of the property

pertaining the application to purchase the shore road allowance. At that time there

was no one at the property.

As the writer had previously inspected the property on 10 June 2020 the

report, photographs and sketch made at that time were compared to the property as it

is currently. The only difference observed was that the open deck on the side and

front of the dwelling had been replaced and expanded and a wood box had been

constructed at the rear corner of the deck.

The writer was unable to locate any survey bars or stakes around the perimeter

of the property.

The property currently contains a two storey dwelling with a rock foundation,

a wooden shed, two docks and a boat slide.

The ground floor of the dwelling was measured as being approxim12 feet 6

inches by 22 feet 2 inches (275 sq. ft.) and 16 feet 4 inches by 14 feet 7 inches (239

sq. ft.). This would give the ground floor a total of approximately 514 square feet of

area. The deck on the northwest corner of the dwelling had obviously been replaced

and enlarged as it now extended past the tree that had been at the edge of the deck

previously. On the front of the dwelling in approximately centre there is another open

deck that was measured as being approximately 5 feet 3 inches by 5 feet (26 sq. ft.).

At the east side of the dwelling there is a small covered deck that was measured as

being approximately 5 feet 3 inches by 3 feet 9 inches (19 sq. ft.).

The distance from the front of the dwelling to the current water line was

measured as being anywhere from 13 feet to 14 feet 9 inches.

To the rear of the dwelling by approximately 60 feet and slightly to the north

east there is a wooden shed that was measured as being approximately 8 feet 1 inch

by 5 feet 8 inches (46 sq. ft.).

To the front of the dwelling by approximately 2 feet 6 inches there is an L

shaped platform that was measured as being approximately 11 feet 11 inches by 8

feet (94 sq. ft.) and 8 feet by 5 feet 4 inches (42 sq. ft.). This would give the platform

a total square footage of approximately 136 square feet. It would appear that this

platform may have a floating dock that is normally hooked to it.



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


To the southeast of the dwelling at the water’s edge there is an older dock and

a boat railway.

Water: Water for the property appears to originate from the lake.

Sewer: There are no records of any septic permits for this property nor were there ary

indications on the property that one exists.

M.P.A.C.: The M.P.A.C. file shows that this property is classified as

seasonal/recreational dwelling – first tier on water. The only structure listed as being

on the property is a two storey single family detached dwelling with no basement.

The dwelling is listed as being constructed in 1960 with 810 square feet of area, 529

square feet on the main floor and 281 square feet on the upper floor.

Current Property Owner(s): Corey PLATER &

Nancy PLATER

47 Dalegrove Crescent,

Stoney Creek, Ontario

L8J 3R5

Comments: This property has a frontage of 115 feet with .19 acres of area. The current

minimum size for a Limited Service Residential lot under the current zoning by-law

is 60 metres (196.85 feet) of frontage with .8 ha. (1.97684 acres). As both the

minimum lot size and frontage meet the current zoning by-law the lot would have to

be considered as a legal non-conforming lot.

As the writer was unable to locate any survey bars or stakes around the

perimeter of the property the setbacks from the front and side yards could not be

obtained.

According to Section 4.4.3.4 of the current zoning by-law only one dock is

permitted on this property as it only has a frontage of 115 feet.

As it would appear that the entire dwelling is located within the shoreline road

allowance, which is not owned, the dwelling would have to be considered as being a

legal non-complying structure.

The writer was unable to locate any septic permits in the roll file or the septic

files. It was also noted that while conducting the inspection that is very limited areas

on the property where a septic system could be located. It is possible that there may

be a holding tank somewhere on the property however it was not noticeable.

.



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


When the GPS co-ordinates were plotted onto a GIS map it became apparent

that access to the property is across an adjacent property and the parking areas may

well be on the adjacent property. Legal access to the property will have to be

confirmed by the new owner.

It is the writers understanding that any septic issues with the property have

been resolved.

It is also understood that the issue with the new larger deck is being addressed

by the building department under building by-law file BL-20-0032 and as such the

current owners are in the process of purchasing the shore road allowance and

applying for a zoning by-law amendment.

W.D. Galloway

By-Law Enforcement Officer



.3'éw'sf5E‘3VW”?|5"|.‘;[_A?[;g‘E'A5‘1-hlghlandseashca

Municipalityof Highlands EastSchedule 'A" to Bylaw #2019-116

Policy: Original Shoreline Road Allowance Closure PolicyDepartment: Planning

Bylaw # 2019- 116

Revision Date: As per Council direction and/or Legislative Requirements

Effective Date: December 10, 2019

Please Print

Name of Applicant:Corey and Nancy Plater

Home Address:

Phone Number:(_ (

._( )

Home CottageEmai|:_

Name of authorized Agent, if anyMariePoirier Planning 8-Associates (Must be in writing)

Address:44 King Vl?lliamStreet Unit A, HuntsvilleON

Phone Number: ( 7o5)7a99860

Ema“; man'[email protected]

Property lnfonnation:

Ward # 3 Concession(s) 5 Lols(s)2 Plan #

Lake Salerno Lake propenyR0" # 46019010005570O

911 Address (if 1093 MinersCliffDrive.Highlands East

is your land adjacent to this Shoreline MarineAllowance?Yes LNG


iL'115HLj{N"|j55A§fhlghlandseastxa

Municipalityof Highlands EastSchedule “A”to Bylaw #2019-116

Policy: OriginalShoreline Road Allowance Closure PolicyDepartment: Planning

Bylaw # 2019- 116

Revision Date: As per Council direction andlor Legislative Requirements

Effective Date: December10, 2019

Please Check One:

Access is by: Private Road \/ PublicMaintainedRoad WalerAcoess

Brief reason why you wish to purchase the Marine Allowance:To bring the subject property to compliance with Highlands East By-law2007-53

To ensure that encroaching structures may remain

Please Note: if you would like your solicitor godo the legal work, the Municipality'ssolicitorwillstillhave to review the application and there willbe additional costs.

14-in-ark:--aA-ttxttsueleetcea-1-ht-*1-a*anatmytomm-A-A-1-1:il-arwwnvetwnaedrtzwrvum-9:i—a-aanttnxsr-x:stts«*t1:

I acknowledge that by purchasing the Original Shoreline Road Allowance, it doesnot pennit construction or alteration of any kind of structure, or shorelineImprovements on the shoreline allowance or shoreline alterations withoutobtaining all applicable approvals. The Municipality of Highlands East zoningbylaw requirements must be complied with. Applicant's lnltlal MP

Furthermore, I agree to pay all costs involved in accordance with the policy of theMunicipalityof Highlands East. Applicant’; Initial MP

Signature of Owner/Agent: Marie Poirier Planning &Associates

Dated 21 this 0010*’ of 2020

Day Month Year

In accordance with the Municipal Freedom of informationand Protection of Privacy Act,the personal infomlation gathered willbe used for the purpose of processing this

application.


m/

gm\ kid a _

a. .Rib Law

.. A

61:.» ¥ J.3 _!I.»_z \ “Ls ..m_

.§$..a HV?__

__m|.:\¢_,

.I'| I I I

|_aw w 1 - - -_xmwr«sun.

__Qwoa

_é ‘z._.

_aw?"

_.3 Lo.;w

_,

__MWI?IL mzZ:®3Q\

_m.m_

Aboa. |II:_LP..14! tw..u?..»

hm...L \l~w.N

z..mv_.n.l::m_||.|v_m_n:I_.2_.w|v_m|||.:.£\.u¢_~ ,

33¢.

133

$4? 02QNSN \rmAo+oO on

m9>..\.§»..+.wu.uoum¢UL u:&mm;310M:/CD.» uU.._U_wLaC.E m.m.O_

4.9m .35..r

_A. _._wi_

\N>7L D.\

%@.._O .n:L.uC.C:= Qkg

Agenda Item

#d. of 76


Department Planning

Prepared by Robyn Rogers, Municipal Clerk


Subject Shoreline Road Allowance Application - Fox, Rhonda

Recommendation That the following application for the Closure and Conveyance of Shoreline Road Allowance be declared surplus land by Council and that the application be approved in principle and be forwarded to Bishop and Rogers for processing for applicant; Fox, Rhonda Con.15, Pt. Lot 7, Plan 13935,1085 Rockcliffe Dr., Koshlong Lake, Highlands East, County of Haliburton, Roll # 4601 903 000 12800 and; Furthermore That the applicant comply with the comments outlined within the By-law Enforcement Officer's report such as to the structures on the land and that a rezoning application needs to be considered with discussion with the Chief Building Official and Municipal Planner. Purpose of Report The purpose of this staff report is to provide Council with the application for consideration to declare lands surplus for sale. Origin: The application was submitted to the municipality on October 29, 2020 Background and Analysis The applicant is requesting Council to consider selling the shoreline owned by the municipality that is adjacent to her property as structures are encroaching onto the shoreline and the desire to own to the water's edge. The By-law Enforcement Officer's comments mention that the structures require inspection for health and safety reasons and that a rezoning application be done to recognize the encroachments by the structures. Major Benefits

Agenda Item #e. of 76

Having Council willing to sell the shoreline to the applicant provides Council the opportunity to have the applicant legalize any matters pertaining to the property which may be in contravention of the municipal zoning by-law and building code. Risk/Safety Benefits When there are unsafe or illegal structures on the land it provides Council the opportunity to have landowners rectify any issues so the structures and land are in compliance with the Building Code and municipal by-laws and policies such as, the Zoning By-law. The inspection completed by the By-law Enforcement Officer sets out any issues the property may have. Legal Implications/Legislative Requirements If Council approves in principle to selling of the land, then the shoreline process and any other requirements set out by the municipality begin under the legislative process. Financial Implications Shoreline Purchase Application fee $1,350.00; $1,000.00 for first 150’ feet of shoreline $3.00’ foot for every additional foot and $350.00 for administration costs. All legal costs, plus disbursements, plus applicable taxes, are the responsibility of the applicant. Follow Up Action If Council approves to declare the land surplus, then communication between the Building, Planning and By-law Departments are undertaken to make sure that the applicant is fulfilling the conditions as set out by all departments. If all conditions are met then the application is sent to Bishop and Rogers, municipal solicitor for processing. Communication/Public Engagement The purchase of shoreline does have mandated requirements, one being that the land must be advertised as surplus and the proposed sale of property by the municipality. References Bishop and Rogers, municipal solicitor. Attachments 70 - 3 - 2020 Fox Shoreline Fox-Blank Application 70-3-2020 FOX Zoning Map 70-3-2020 FOX Sketch Fox shorelinepic Treehouse Foxpic Approved by Status:


Shannon Hunter, Chief Administrative Officer-Treasurer



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


Wayne Galloway

By-law Officer

(613)339-2442

[email protected]

File #: 70 – 3 - 2020

Date Received: 30 October 2020 @ 2:38 p.m.

Complainant: Robyn ROGERS

C/o Municipality of Highlands East

Planning Department

Wilberforce, Ontario

(705) 448-2981

Complaint: E-mail received from Robyn ROGERS, requesting a site visit at 1085 Rockcliff

Drive, Glamorgan Township as they have received an application to purchase their

shoreline road allowance and they wish to confirm the size and setbacks for any

structures on the property.

Incident Location: 1085 Rockcliff Drive - Ward 3

Con. 15, South Part Lot 7,

305 feet of frontage on 1.52 acres (66211.2 sq. ft.)

The shoreline road allowance is not currently owned.

Roll Number: 4601-903-000-12800-0000

Geographical Township of Glamorgan

History: The roll file was reviewed by the writer and contains the following documentation:

- Building permit 27-83 that was issued on 07 June 1983 to erect supports on rock

foundation of deck plus walkway and stairs. The permit was signed as completed

on 08 July 1983

- Building permit 109-85 that is undated for an addition of 10 feet by 8 feet and

siding. There are no inspection reports with the file

- Building permit 51-91 that was issued on 13 August 1991 for a new screened

porch that was to be 12 feet 3 inches by 10 feet. There are no inspection reports

with the file.

- Affidavit of Residence and of Value of the Consideration that was registered on

26 August 1995 showing that the property was transferred from Joseph

SCHWEISSGUT and Christina Schweter SCHWEISSGUT to Adam Vincent

LEGGETT

- Letter from Raymond G. SELBIE, Barrister dated 21 May 1999 requesting a

zoning compliance request form

- Zoning compliance request form dated 07 June 1999



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


- Transfer/Deed of Land and Affidavit of Residence and of Value of the

Consideration that were registered on 15 June 1999 showing that the property was

transferred from Adam Vincent LEGGETT to Ronda FOX

Zoning: This property is currently zoned as Limited Service Residential (LSR).

Official Plan Designation: This property is currently designated as Shoreline under the Highlands East

Official Plan.

Investigation: As per complaint.

Action Taken: On 09 November 2020 at approximately 10:34 a.m. the writer attended 1085

Rockcliff Drive for the purposes of completing an inspection of the property in order

to process an application for the purchase of the shoreline road allowance. At that

time there was no one at the property.

This property is situated on a small point and bay on Koshlong Lake. Survey

bars were evident around the perimeter of the property.

The property currently contains a single storey dwelling with an open deck

across the front, a wooden shed, an open faced wood storage structure, an old

outhouse, a tree house, and a boathouse.

The dwelling was measured as being approximately 48 feet 6 inches by 16

feet 3 inches (788 sq. ft.), 10 feet 5 inches by 8 feet 2 inches (84 sq. ft.) and a sun

room that was measured as being approximately 12 feet 7 inches by 10 feet 4 inches

(131 sq. ft.). This would give the dwelling a total square footage of approximately

1013 square feet of area. At the front of the dwelling there is an open deck that was

measured as being approximately 14 feet 6 inches by 15 feet 5 inches (221 sq. ft.),

and 39 feet 2 inches by 5 feet 4 inches (204 sq. ft.). This would give the open decking

on the dwelling a total of approximately 425 square feet of area. The distance from

the front of the open decking to the high water mark was measured as being

approximately 59 feet 6 inches.

To the rear of the dwelling by approximately 22 feet and to the east by

approximately 21 feet there is a wooden shed that was measured as being

approximately 12 feet 3 inches by 8 feet 3 inches (101 sq. ft.).

To the rear of this shed by approximately 24 feet and slightly to the east there

is an open faced wood storage shed that was measured as being approximately 8 feet

6 inches by 4 feet 3 inches (36 sq. ft.).

To the front of the dwelling by approximately 25 feet and to the east by

approximately 30 feet 3 inches there is a partially finished tree house that was

calculated to be approximately 113 sq. ft.).



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


To the east of the dwelling by approximately 86 feet 9 inches there is an old

outhouse that was measured as being approximately 3 feet 8 inches by 3 feet 6 inches

(12 sq. ft.).

To the front of the dwelling at the shoreline there is an older boathouse that

was measured as being approximately 18 feet 2 inches by 10 feet 1 inch (184 sq. ft.).

On the front of the boathouse there is an open deck that was measured as being

approximately 10 feet 1 inch by 6 feet (60 sq. ft.). The front of the boathouse was

measured as being approximately 2 feet 9 inches ahead of what appears to be the high

water mark.

Water: There was no sign of a dug or drilled well on the property therefore it is

presumed that the water for the property is delivered from the lake.

Sewer: The writer was unable to locate any septic permits in the roll file or the septic

permit file for this property. There is a file from the septic re-inspection program

indicating that the property was inspected on 25 July 2017 and that follow-up was

required on the system. Apparently the file indicates that the septic tank is a steel

tank. The tank is most likely located at the southeast corner of the dwelling where the

sewage pipes exit from under the dwelling and disappear into the ground.

M.P.A.C.: The M.P.A.C. file shows that this property is classified as a seasonal /

recreational dwelling – first tier on water. The structures listed as being on the

property are a one storey single family detached dwelling that was constructed in

1923 and a boathouse that was also constructed in 1923. The dwelling is shown as

being 852 square feet in area with a basement of 90 square feet of area. The

boathouse is listed as having a square footage of 169 square feet.

Current Property Owner(s): Ronda L. FOX

32 McKean Blvd.,

R.R. # 1,

Nottawa, Ontario

L0M 1P0

Comments: There was a partial copy of the survey included with the application which

clearly shows that the boathouse, approximately 1/3 of the dwelling, and

approximately ½ of the open deck on the front of the dwelling is located within the

shore road allowance. The survey further shows that the northwest corners of the

dwelling are between .85 feet and 1.54 feet from the west side property line.

The property is currently listed as being 1.52 acres in size with a frontage of

305 feet. Under the current zoning by-law the minimum size of a Limited Service

Residential lot is .8 ha (1.97684 acres and a frontage of 60 m (196.85 feet).



2249 Loop Road


Telephone: 705-448-2981 Fax: 705-448-2532


H.S.T. # 108133430RT0001


As the survey provided did not have the size of the shore road allowance on it, the

purchase of the shore road allowance may bring the property to the minimum lot size

for a Limited Service Residential lot.

The deck on the front of the dwelling is in poor condition and is currently

partially demolished and entrances to the deck have been cordoned off.

The dwelling is listed on MPAC as being 852 square feet however the writer

measured the dwelling to be approximately 1013 square feet, a difference of

approximately 161 square feet. The sun room that has been added to the northwest

corner of the dwelling has a square footage of approximately 131 square feet which

could account for the difference in size. The northwest corner of the sun room is

approximately 1.54 feet from the west side property line which would not be

permitted under the current zoning by-law. It was noted on the building permit for the

screened porch that the setback to the side lot line was 8 feet however it does not

appear that any inspections were completed in regards to this permit and this may

account for the addition not being added to MPAC.

The treehouse is located within the shore road allowance and exceeds the 10

sq. m. for requiring a building permit. It is further noted as being within the front yard

of the dwelling and therefore is not permitted under Section 3.1 of the zoning by-law.

An inspection should be completed of the sun porch in order to acknowledge

that it was built to the building code standards.

A re-zoning application should be considered to recognize the encroachments

of the dwelling to the side yard as well as the front yard. It is further recognized that

in the near future something will have to be done with the condition of the boathouse

and any re-zoning application should take the boathouse into consideration.

This file should be referred to MPAC for re-assessment due to the difference

in the size of the dwelling and the boathouse.

W.D. Galloway

By-Law Enforcement Officer



I|V.l on AHlGHLl\ll[iSEA highlandseasua

Municipalityof Highlands EastSchedule “A”to Bylaw #2019-116

Policy: Original Shoreline Road Allowance Closure PolicyDepartment: Planning

Bylaw # Z019~ 116

RevisionDate: As per Council directionand/or Legislative Requirements

Effective Date: December 10. 2019

Please Print

Name of Applicant:

Home Address: ,r .‘§x9\\\KUoZea;>%~»)4iL-,l\\@’(lEZ»Z2fxon Lmtl>c»

Phone Numher(‘ , —

la: . « \_u4_J M I -.41-s._L

C?tl A __ l-lome_ CottageEmail:__

V

_. ..,,‘,,,/

(JName of authorized Agent, ifany

(Must be in writing)

Address:

Phone Number: (_)

Email:

Property information:

Ward # Concession(s)JL_Lols(s) PIan #

Lake ovx Properly Ron# !911 Address (if \O?}; @\‘<g-@Ev’N1,

is your land adjacent to this ShorelineMarineAllowance?Yes LNGj_


wetr?5*P‘*°"’=hlghlandsnsua

Municipality of Highlands East

Schedule "A"to Bylaw #2019-116

Policy: Original Shoreline Road Allowance Closure Policy

Department: Planning

Bylaw# 2019- 116

RevisionDate: As per Council direction and/or Legislative Requirements

EffectiveDate:December10, 2019

Please Check gne:

Access is by: Private Road \/ PublicMaintainedRoad Water Access

Brief reason why you wish to purchase the Marine Allowance:

(AML61-BZSKAQLmilgk? makz.v.&;Aca

Please Note: Ifyou would like your solicitor to do the legal work, the Municipality's

solicitorwillstillhave to reviewthe applicationand there willbe additional costs.

«tactk~H¢i+<1.-x-HrmtacirA-HixarniazicaakkiiaiacscxtiriitMcavxatamark:Mn.-4r4rka:~!em\-iautadraauiirtttirkanr

I acknowledge that by purchasing the Original shoreline Road Allowance, it does

not permit construction or alteration of any kind of structure, or shoreline

improvements on the shoreline allowance or shoreline alterations without

obtaining all applicable approvals. The Municipality of Highlands zoning

bylaw requirements must be complied with. Applicant's lnltial

Furthermore, I agree to pay all costs involved in accordance wit policy of the

Municipality of Highlands E . Applicant’: Initial

MSignature of Owner/Agent:

Dated a 5 this F of 9020 .

Day Month Year

Inaccordancewith the MunicipalFreedomof Informationand Protection of Privacy Act,

the personalinformationgathered willbe used for the purpose of processing this

application.


2

§

i1I

¢

I


W -1085 Rockclxq ‘Dru/G»

7r sq Modembar 202 o

/3, S¥4«~}<-/L Q7‘nI~—]3/52W‘I ’cxppctoc. (3”‘N\<>"‘“'°§j

Agenda Item

#e. of 76

Agenda Item

#e. of 76

Agenda Item

#e.

of 76


Department Finance

Prepared by Janet Cairns, Tax Collector


Subject Application for Write Off of Uncollectible Taxes

Recommendation That Council receives the report "Application for Write Off of Uncollectible Taxes" and; That Council approve the reduction of taxes for the properties listed on the attached schedule for the years 2018, 2019 and 2020 pertaining to section 357. Purpose of Report The purpose of this staff report is to provide Council with the application for consideration for approval. Origin: Under Section 357/358 of the Municipal Act, a hearing is required for this process. Council may approve or reject the applications. If the applicant does not agree with the reduction amount or assessment amount they may make an application to the Assessment Review Board. Background and Analysis Reason for the reductions are on the attached schedule. Financial Implications The municipal portion of uncollectible taxes for the write offs total $1,426.57. Follow Up Action Put next steps References Municipal Act, 2001, c.25


Attachments 357 schedule Dec.15, 2020 Approved by Status: Shannon Hunter, Chief Administrative Officer-Treasurer



Application for Adjustment of Taxes 357's and write-offs

Council Dec.15/20

Property Roll Number Reason Year Municipal County School Total Change in Assessment

903-04500 demo 2018 341.19 147.24 125.6 614.03 -80,739

903-04500 demo 2019 386.72 170.38 130.20 687.3 -80,870

903-04500 demo 2020 402.08 173.50 123.93 699.51 -80,870

101-58900 demo 2020 112.91 48.72 34.80 196.43 -185,000

602-47200 demo 2020 183.67 79.25 56.61 319.53 -37,000

1,426.57 619.09 471.14 2516.8

Agenda Item

#a. of 76

.

Agenda Item

#a. of 76

The Corporation of the Municipality of Highlands East

Bylaw # 2020-92

Being a bylaw to confirm the proceedings of Council at its Meeting Held on

December 15, 2020 ___________________________________________________________________________

Whereas, Section 5 (3) of the Municipal Act, 2001, as amended, provides that the power of

a municipality shall be exercised by bylaw unless the municipality is specifically authorized to

do otherwise;

And Whereas, it is deemed expedient that the actions of the Council of The Corporation of the

Municipality of Highlands East at its Special Meeting held on December 15, 2020, be confirmed and approved by bylaw;

Now therefore the Council of the Municipality of Highlands East enacts as follows:

1. That the actions of the Council at its meeting held on December 15, 2020, in respect to each report, motion, resolution or other action approved and taken by the Council at its meeting, is hereby approved, ratified and confirmed, as if each resolution or other action was approved, ratified and confirmed by its separate bylaw.

2. That the Mayor and the proper officers of the Corporation are hereby authorized and directed to do all things necessary to give effect to the said action, or obtain approvals, where required, and except where otherwise provided, the Mayor and the Clerk or their designate are hereby directed to execute all documents necessary in that behalf and to affix the Corporate Seal of the Municipality to all such documents

Enacted, Approved and Signed with the Corporate Seal attached this 15th Day of December 2020.

_________________________ Dave Burton, Mayor

__________________________ Robyn Rogers, Municipal Clerk

Agenda Item #6.1 of 76

Special Meeting of Council - 15 Dec 2020 - Highlands East

Documents

Transcript of Special Meeting of Council - 15 Dec 2020 - Highlands East