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Thank you for your patience, everyone. This morning and I will confirm that we are

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recording and live streaming on the town's website.

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Chair Ash, the time is now 10:00 and I can confirm

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that this meeting is being recorded and webcast on the town's website.

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Public hearings are held in a hybrid format with members of committee and

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the audience attending, both in person in the council chambers,

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as well as electronically using a Zoom

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webinar. The video from this meeting is being live,

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webcast, and recorded for future viewing.

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Displayed on the screen is the electronic meeting etiquette

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to be followed by those addressing committee electronically.

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For any individual watching the webcast who is interested in providing

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comments on applications being considered today,

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please visit www. Dot Bracebridge Dot CA

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to view the participation details and link contained in

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the meeting agenda. The following maximum time limits

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are applicable. The applicant and or their agent may

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make a presentation of up to ten minutes.

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Members of the public may also make a presentation of up to five minutes

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when instructed to do so by the chair. Members of the public who are participating

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electronically should click the raise hand button in Zoom

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to indicate their desire to speak. Those calling into the meeting

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by telephone are to press nine on your device to raise your electronic

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hand. Members participating in person will

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be recognized by the chair and invited to the microphone.

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Any disrespectful, inappropriate or derogatory behavior

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may result in expulsion from the meeting in accordance with section 241

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two of the municipal act. Thank you, chair Ash.

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Thank you very much. I realized I didn't have my microphone on at the beginning,

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so. Yes, this is the town of Bracebridge. Committee of Adjustment hearing

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for August 9. Moving ahead, does any member have

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a pecuniary interest on any matter being discussed today?

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No, seeing none. Thank you. I will

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provide the land. Acknowledgement. We want to acknowledge that

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we are on lands traditionally occupied by indigenous peoples. They continue to

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care for this land. They continue to shape bracelets today, and we want

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to show our respect hundreds of years after the first

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treaties were signed, they remain relevant today in guiding

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our decisions and actions.

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So I'm looking for minutes of the previous meeting.

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Do we have. Are those on the agenda for today

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to move in second? Okay. Do I have a mover and a

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seconder for the minutes? I would so

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move. Thank you. Do we have the seconder? I will second. Thank you very much.

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All in favor? The minutes are approved. That was a

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motion made by member Beaumont and seconded by member Franklin.

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Are there any requests for withdrawal or deferral?

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Thank you, chair Ash. There have been no requests for withdrawal

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or deferral. Thank you very much and could you please advise how the notice of

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the public hearings were circulated? Notices for the minor variance

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applications were sent by first class mail to the assessed owners

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within 60 meters of the properties and

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to those persons and agencies likely to have an interest in

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the applications. The notices were provided a minimum

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of ten days prior to this meeting in accordance with the provisions of the Planning

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act. Persons wishing to receive notice of the decision of

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committee must submit a written request to the Secretary treasurer by

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email to planningeracebridge, CA.

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Thank you very much. We will now hold the public

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hearing for application D 1321 24

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by 689-1535 Canada,

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Inc. And Miss Peters, can you provide a quick

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summary of the application please? Thank you

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chair ash this

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minor variance application was considered by the committee in July.

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However, after that hearing, a a landowner near the subject property

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advised staff that they had not received a copy of the public notice in

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the mail. Upon further investigation, it was found that there

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was an error made when generating the mailing list for the circulation as

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set out in item seven of the staff report. While posting the sign on the

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property and posting the notice for that July hearing

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on the town's website would have satisfied the planning act circulation

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requirements, staff determined that recirculation was appropriate in

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order to ensure that the town's standard practices for public notification

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were consistently applied. As not all of the committee members

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here today were present at the July 8 hearing, I will provide

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a full presentation while keeping it as brief as possible.

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The subject lands are located at 76 covered bridge trail.

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The minor variance application was submitted in order to change the way lot frontage

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is measured for certain lots within a draft plan of subdivision and

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to exempt one lot from the minimum setback for a driveway

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to interior side lot lines. Specifically, the applicant

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is requesting that the following definition of lot frontage apply to proposed lots

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8935, 36, and 38.

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Lot frontage shall be measured along the front lot line except

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where multiple lot lines above a street or where the side lot lines are not

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parallel, in which case the lot frontage is to be measured as a distance

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of 6 meters at a distance of 6 meters or 19.7ft

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back from the straight line cord where the two side lot lines meet the

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lot lines abutting the street. The applicant is also requesting that

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section 5.10, subsection four of comprehensive

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zoning bylaw 20 1688 not apply to

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proposed lot 36. This zoning bylaw provision

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requires a driveway to be set back a minimum of 1.2

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meters or 3.9ft from any interior side lot line

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except on a lot with a frontage of less than 8 meters where adjoining

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driveways are permitted. The overall minor variance sketch

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is shown here. On this slide

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is an enlargement showing proposed lots eight and nine with the alternative

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frontage measurements shown,

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and this enlargement shows lots 35,

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36, and 38 with the alternative frontages shown.

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Some relevant background information on this property is that

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a rezoning application was received by the town in 2011 and

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associated applications for draft plan of subdivision approval and

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draft plan of condominium approval were submitted to the District of Muskoka

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at that time. The applications were updated in 2019

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and a concurrent public meeting for consideration of the three

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planning applications was held jointly by the town and district.

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The minutes of that meeting are available online through a link in the staff

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report. The applications were deferred at that time

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to allow for consideration of comments received at the public meeting and until

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any items identified in the peer reviews of technical reports had been

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addressed. The applications were subsequently

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appealed to the Ontario Land Tribunal in 2022

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due to lack of decision within the statutory timelines.

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Through the appeal process, a settlement was reached and was accepted by

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the Ontario Land Tribunal with a final decision issued in October

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2023. The OLT decision includes

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conditions of draft approval for the plan of subdivision and common element condominium,

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as well as a site specific zoning bylaw applicable to the

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subject property. The decision can be viewed online.

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Differences between the draft plan of subdivision referenced in the OLT

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decision and the draft of survey plan of the Plan of subdivision

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for final approval have resulted in certain proposed lots not meeting

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the minimum frontage requirement. The variance related to

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the driveway setback is an administrative correction. It does appear

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that this was inadvertently omitted from the zoning bylaw prepared by OLt,

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and staff would note that the online version of that decision does include

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lot 36 in the list of proposed lots to be exempt

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from the driveway setback. However, the PDF version that

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the town received does not the

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subject property is currently vacant. The interior of the property is

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well treed and mainly flat. The property abuts the

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Beaver creek and contains slopes along the north,

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south and east portions down to the creek.

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These are some photos of the subject lands. The top photos

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show a view into the property from the street and

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the opposite view out toward the street along what would be the

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proposed entrance way into the development. The bottom photos are

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views along covered bridge trail to the north and south of the entrance

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to the subject lands.

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The subject lands are designated residential within the urban

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center designation of the town of Bracebridge. Official plan a

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number of relevant official plan policies are set out in the staff report in items

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31 through 36, they emphasize that the majority

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of residential growth shall be directed to the urban center to utilize

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full municipal services, that an emphasis should be placed on growth

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within the built up area as identified in the official plan

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and that a mix of housing types at varying densities, tenure,

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and affordability should be provided. Staff are of the

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opinion that the requested variances, which would enable the development to proceed

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as planned, meet the general intent of the town's official plan.

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The property is zoned residential type four special

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35 in part, residential type four special 36 in part,

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environmental protection one in part and open space one

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in part. According to comprehensive zoning bylaw 20 1688,

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the zone schedule included in the OLT decision is shown here,

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with the innermost area, which is outlined in red,

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being the r 435 zone where buildings and

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driveways would be located. The r 435

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special provisions include a reduced lot frontage of 7 meters

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for end unit road dwellings, a reduced front yard

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setback of 6 meters for road dwellings,

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and that section 510, subsection four of the

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zoning bylaw does not apply to lots eight, nine, and 35.

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As noted, there has also been a variance request to

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exempt lot 36 from that driveway setback provision, and the online version

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of the decision does include lot 36.

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The proposed change to the lot frontage definition would result in

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all of the proposed lots meeting the minimum lot frontage requirements.

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Alternate lot frontage definitions have been used in previous subdivision developments

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for similar reasons of irregularly shaped lots, and staff

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are of the opinion that this approach is sound and that the development as a

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whole will not be negatively impacted by the variance.

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Staff are of the opinion that the variances meet the general intent of the zoning

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bylaw.

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The proposed development has received approval through an OLt decision,

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and the variances will facilitate the development of a historically vacant property

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with a medium density housing form that will increase the housing stock

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within the town's urban center on full municipal services. Staff are

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of the opinion that the variances are desirable for the appropriate development or use of

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the land. The variances to the lot

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frontage definition for specific proposed lots are not anticipated

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to have any negative impact on properties abutting the subject lands. On future

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abutting lots within the proposed subdivision or on covered bridge trail,

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the development will require satisfying conditions of draft approval that

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will result in development agreements prior to the construction of dwellings

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and driveways, ensuring a further opportunity for staff to

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provide feedback to the developer and ensure that each proposed lot has safe and

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appropriate access to the internal road.

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As noted, the variance request related to the driveway setback on

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lot 36 is an administrative correction and upholds

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the intent of the OLT decision. It is the opinion of staff that

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the variances are minor in nature.

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Comments received from the town's public works department indicate no

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concerns with the minor variance application.

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Comments in opposition to the application were received from Ilmar

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Kentz of 184 covered bridge trail prior to

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the July 8 hearing. The concerns noted include traffic

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levels on covered bridge trail, a potential parking lot on the subject

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property near covered bridge trail, the suitability of the

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ground for construction, the style of the proposed, and the

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style of the proposed dwellings being suited for a city rather than for

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the town of Bracebridge. As a brief response, staff would note

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that several studies were submitted with the applications for rezoning,

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draft plan of subdivision approval, and draft plan of condominium

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approval, including a traffic brief, slope stability

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study, and geotechnical report, and these studies were

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all part of the appeal package provided to the OLT.

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Staff are not aware of any plans for a centralized visitor parking area

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on the subject lands. A draft grading plan is attached to

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the staff report to provide the general layout

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of the proposed development and the external

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appearance of the proposed dwellings is not germane to the variance

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requests, which are for lot frontage and driveway setbacks.

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No further comments. Public comments were received either prior

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to the July 8 hearing or prior to this hearing

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and no supporting documents were submitted with the application.

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Should the committee approve the application, staff would recommend the following condition

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that the minor variance sketch in Appendix A of the staff

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report be attached to the decision and that the configuration of lots

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8935, 36, and 38 be in

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accordance with that sketch.

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In conclusion, as set out more fully in the staff report and subject

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to the recommended conditions, staff are of the opinion that the variances could be

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deemed to meet the four tests of a minor variance and that concludes my presentation.

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Chair Ash thank you very much Miss Peters.

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Committee members, any questions for Miss Petersen?

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No, seeing none. Okay, thank you and I will turn

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it over to the committee clerk to bring on the applicant

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or agent. Thank you. The applicant or their agent

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are reminded to use the raise hand button in Zoom to be brought into

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the meeting, and I do see that Andrew has raised his hand.

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Andrew, I will now add you to the meeting.

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Welcome to the meeting, Andrew. We ask that you please turn on your video and

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your microphone, state your full name with your mailing address,

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including your postal code, and then you may begin your comments.

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Good morning, madam chair and committee members. Can everybody hear me? Yes,

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we can. My name is Andrew Pascuzzo. I am a registered professional

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planner. My address is 173 St.

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Marie street in Collingwood, Ontario.

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L, nine, Y, three, k, four.

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I am here this morning representing the

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numbered company, the Canada, Inc. Numbered company, which was referenced previously.

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Obviously, my client has had a fairly lengthy approval

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process. We've already received

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approval for this minor variance and understand that there

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was an administrative error.

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I would like to thank Kelly for her very detailed

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presentation and assistance throughout the

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process here. She hit a home run on our presentation again,

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so I'm not going to say much here. I would just.

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Obviously, I'm asking for the committee again to approve

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the minor variance application. It is my professional opinion

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that the minor variance meets the four tests.

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The reason for the request is because of the irregular

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shape of the proposed lots, as well as the site itself,

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which sits on a peninsula around the river.

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Yeah, so that's basically all I have to say.

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My client is obviously. And his consulting team

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is proceeding through to satisfy the conditions of draft

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approval because he would like to move ahead with

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construction as soon as possible on the property.

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So if there are any questions, I'm more than happy to

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respond. I'm also here to listen to any comments from

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additional neighbors that may have been caught within the recirculation.

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Thank you very much, madam chair. Thank you very much,

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Andrew. Committee members, any questions at this time? No,

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we don't have any questions for you right now, so if you

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want to hang back, that's great.

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We'll now look for member or comments from the public.

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Are you here to speak to this application?

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No, you're just here to listen. Okay, thank you very much.

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Then we can proceed to members who might be available on

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Zoom. Thank you. And, chair Ash, I can confirm

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that we have no members of the public attending the meeting by Zoom.

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Thank you very much. That will conclude.

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Any further questions from the committee that you want to ask?

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No, thank you. All right.

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Could you please put the recommended, the recommendation by staff up

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on the screen for us? Thank you. Thank you, chair Ash. One moment,

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please.

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So there. We have the recommendation as provided by staff.

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I am looking for a motion on this application,

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member Beaumont. Chair, I would move that

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we accept this minor variance with the conditions supplied

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by staff. Thank you very much. Do I have a seconder for that?

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I'll second it. Thank you, member Franklin. All those in

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favor? All in favor? Your application has

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been approved, Andrew, with the stated condition. Thank you

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very much.

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And I'll now declare this public hearing

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concluded. And that is

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it. I'm looking for a motion to adjourn.

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Thank you, member Franklin. Thank you, member Beaumont.

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All in favor? We're adjourned. Thank you very much.