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Lake Waseosa Ratepayers’ Association c/o 21 Cottage Lane, RR#3 |
August 9, 2017
RE: A/33/2017/HTE (114 Ripple & Palette Lake Road)
We note that this application actually addresses 4 separate minor variance requests. First, is to reduce the required front yard setback (ie: distance from the lake) for the main building and deck. Second is to reduce the required front yard setback for a garage. Third is to increase the permitted lot coverage of the main building, and finally is to increase the permitted height of the home. Each item must be examined individually against the Planning Act’s four part test of a minor variance1.
Regarding the dwelling setback: Property owners have a grandfathered right to rebuild an existing home that is too close to the water, provided the reconstruction is within the existing footprint. This proposal actually slightly increases the setback from the water, measured to the new deck, which meets the test.
Regarding the garage setback: There is no existing grandfathered garage, the proposed garage is new. It does appear that the location chosen is as far from the water's edge as practicable, while still maintaining the required side yard setback. In other words, the lot is too small to locate the garage 30m from the water and it is necessary to reduce the front yard setback if a garage is to be constructed. As the proposal will not exceed the number of permitted buildings on the lot, it could be considered appropriate development meeting the general intent of the zoning and Official Plan.
Regarding the main building lot coverage: While the new home does not strictly remain within the existing footprint as shown on the sketch, it is similar in total area by reason of squaring things off. The provided sketch shows the existing cottage features a highly irregular footprint, which appear to total 86.2 square meters. The new building, at 10.4m x 8.53m totals 88.7 square meters, an increase of 2.9%. From that we can determine that the existing building already exceeds the maximum 5% lot coverage at 5.81%. Therefore the requested increase of lot coverage over existing is actually only 0.18%. In addition, we note that the total lot coverage of proposed home (88.7sq.m) plus proposed garage (53.29 sq.m) plus existing frame shed (3.53 sq.m) appears to be 143.06 square meters, or approximately 9.6% of the lot size, which is within the permitted 10% lot coverage for all buildings combined.
Therefore, we feel that the reduced front yard setbacks and the increased lot coverage each and of themselves meet the four part test standard.
Regarding the fourth, an increase in height: Technically, the increase in height is only 0.76m above the permitted height of a single family residence. However, while this building is described as a 2-story with walkout, the "basement" is fully exposed when viewed from the lake side and does not meet the Huntsville zoning definition of a "walkout". It is, therefore a 3 story home when viewed from the water. This is a could be seen as a significant increase in height over the existing single story cottage on piers.
The intent of the Official Plan and Zoning bylaw provisions limiting height are clear: to preserve the vista as viewed by others. The question of whether this particular increase is minor is a subjective one that can only be reasonably decided by those that will view that addition to their vista. Any objection raised by the neighbouring property owners would be supported by the LWRA on those grounds. Conversely, if the neighbouring property owners feel the increase is acceptable, the LWRA will not object.
While each individual item might be considered minor in and of itself, one must also consider the proposal taken as a whole. This project will clearly facilitate conversion of the property from a seasonal residence to a permanent residence. It seems likely that the capacity for occupancy in terms of numbers of bedrooms and fixture units will increase with the addition of 2 more stories.
A concern of the LWRA is that Palette is already the most densely developed lake in Huntsville. There are serious concerns about its recreational water quality, both under the old District of Muskoka model and under the new 20% phosphorous criteria. Measures such as front-yard setbacks and maximum lot coverages are proven approaches to minimizing the impact on water quality recognized under both the District and Town Official Plans and implemented through the SR5 zoning.
The increase in size increases the potential flow rate into the septic system and the conversion from a seasonal cottage to a year-round residence increases the total annual load on the septic system. However, there is no indication that the existing septic system can handle the increased load or that the system will be replaced with one that can.
To ensure that the project as a whole meets the Official Plan intent of protecting or enhancing lake water quality, compensatory measures can be taken.
The LWRA therefore requests the following conditions be attached to any approval:
- That the existing gravel drive, presumably now redundant with the addition of the new drive and garage, be re-vegetated to slow run-off and enhance absorption.
- That a site plan agreement specify the front yard be re-vegetated with native species, excepting for a winding path down to the water and the customary shoreline activity area, for the same reasons.
- That the owner either provide documentation acceptable to the Town demonstrating that the existing septic system is adequate to serve year-round occupancy of the enlarged home prior to approval OR approval be conditional on replacement of the septic system with one of adequate capacity.
- That the owner provide documentation that his neighbours do not object to the increased height.
Please advise us of the status of this application.
On behalf of the Board of Directors of the LWRA,
Dwayne Verhey,
Secretary.
705-788-3693 (Phone)
705-788-9126 (Fax)
secretary@lwra.net
1 To satisfy the requirements of the test a variance must:
- be minor;
- be desirable for the appropriate development or use of the land, building or structure;
- maintain the general intent and purpose of the zoning by-law; and
- maintain the general intent and purpose of the Official Plan.