UPDATE: We have received the formal written OMB ruling , attached as a PDF.
The LWRA and the applicants negotiated a settlement which was confirmed by the OMB at the hearing January 22, 2013. As with any negotiated settlement, neither side got everything they wanted, but both achieved something they could live with.
From the Associations' perspective, the development was pushed further back from the shore than originally proposed. The total height above the lowest grade will be restricted to 26'. The property cannot be subdivided in the future and the second dwelling, in lieu of a bunkie, cannot be increasd in height, size or footprint. The number of small buildings on the property will be reduced.
We would have preferred the principle dwelling to be still further from the shore and the second dwelling to have been removed completely, perhaps to be replaced by a bunkie or garden suite in a more suitable location. However, after conferring with the immediate neighbours, we decided that this was a reasonable compromize for this particular property under these unique circumstances.
Below is the text of the agreement. We will attach the formal order once it is prepared and released by the OMB in a few weeks. As the Chair (Mr. C. Hefferton) accepted the joint submission, we expect the ruling will merely give effect to the Minutes of Settlement. Attached below are the drawings that form a part of the agreement, with the exception of the site plan agreement that must now be formaillized between the Town and the Applicants.
ONTARIO MUNICIPAL BOARD PL120897
MINUTES of SETTLEMENT
ENTERED INTO AS OF 22nd of January, 2013
Don Wright, Mary Wright, Samuel Jager and Emily Jager (collectively "the Applicants")
Lake Waseosa Ratepayers' Association a non-share corporation existing under the laws of the Province of Ontario ("the Appellant")
WHEREAS the Applicants have been granted minor variances with respect to provisions of the zoning bylaw relating to front yard setbacks and lot coverage by the Committee of Adjustment of the Town of Huntsville with respect to their property being part of lots 11 and 12, concession 12 in the former Township of Chafey ("the property");
AND WHEREAS the Appellant has appealed the aforesaid minor variances to the Ontario Municipal Board
AND WHEREAS the applicants and the appellant wished to settle the appeal on the terms set out in this agreement;
NOW all Therefore in consideration of the foregoing and other good and valuable consideration the receipt and sufficiency of which is acknowledged by both the Appellant and Applicants, the parties agree to resolve the Appellant's appeal on the following basis:
1. The main dwelling shall be constructed as in the form of a bungalow with a walk out basement, generally in accordance with the footprint in the attached sketch which shall be incorporated into a Site Plan Agreement between the applicants and the Town of Huntsville and registered on entitled to the property;
2. The second dwelling shall not expand beyond existing height, size or footprint;
3. The applicants agree to the insertion in the Site Plan Agreement of a condition in the Site Plan Agreement that no private cabin (i.e. a third structure) will be permitted on the property;
4. The owners will remove the outhouse, pump house and the one red garage that has no floor;
5. Shoreline and riparian line zone outside the allowed waterfront activity area will be remediated and maintained utilizing native planting in accordance with the Site Plan Agreement satisfactory to the Town of Huntsville
6. Both dwellings to be serviced by single septic system which is incapable of being severed or separated;
7. The Applicants and the Appellant agreed to support the aforesaid minor variances and consent to an Order, in the Board's unfettered discretion, allowing the Appellant's appeal in part, granting the aforesaid minor variances subject to the conditions set out in this agreement and such other conditions as appropriate.
8. The Applicants and the Appellant shall cooperate with one another and take all steps and do all such other things, including the settlement of the final form of the Site Plan Agreement with the Town of Huntsville and its registration on title to the property, as may be necessary or desirable to give effect to the foregoing
IN WITNESS WHEREOF, the parties, by their solicitors have executed these Minutes as of the 22nd day of January, 2013.
Don Wright, Mary Wright, Samuel Jager and Emily Jager by their solicitors, Barriston LLP
Name: Ian Rowe
On behalf of my client and without personal liability whatsoever.
Lake Waseosa Ratepayers' Association
Name: Susan Han
I have authority to bind the corporation.