Boathouse or Aerodrome - Superior Court Decision favours Seguin By-laws

Much as I watch MNR rules and regulations around wildlife (Moose cow harassed in Northern Ontario), illegal hunting, and other MNR  enforcement reports, another aspect to this is the protection of our shorelines.

Much damaged can be caused to shores by the addition of buildings, as well as boat wash. This is as true on our rivers as well as on our lakes. 





Marine laws are specific about boat speeds near shores.

Habitat is so easily destroyed and damaged. Many cottages are still on old septic systems, which further pollutes the water.

"Boathouse"

Zoning by-laws, such as those in Seguin Township:

By-laws are created in order to address issues and concerns of the local community. They are created to protect the environment, public health, public safety, or to maintain an orderly appearance in your community.

Multi-million dollar 'properties' in cottage country

Conflict arises when citiots move in and decide that they can get around these bylaws, choosing to believe that theirs is an important reason to flaunt said by-laws.

Boathouses

 in cottage country are big business, as this report states that the values of boathouses built in Muskoka, between 2000 and 2009, were valued at over $135 million dollars.

Not only that, but take up valuable Supreme Court time protesting local by-laws.

The Seguin Zoning By-law No. 2006-125 (PDF 3.78 MB) governs the manner in which the Township implements the policies laid out in its Official Plan and controls the use of land in the township, such as:

• How land may be used

  

  Older cottages, dating from the 60s.
  Grandfathered.

• Where buildings and other structures can be located
• The types of buildings that are permitted and how they may be used
• The lot sizes and dimensions, lot coverage, building heights and setbacks
• Shoreline buffer areas, landscaping areas, planting strips, parking requirements

This dude, with more money to throw away in the courts, decided that his illegal boathouse could be called an aerodrome, and this would allow him to go around the provincial laws, as well as the municipal building, planning, zoning and environmental laws and by-laws. He felt that if he could call it an aerodrome, he could do what he liked.

Zoning By-law 10-04 - Town of Gravenhurst

The setback minimum for new cottages in Gravenhurst, is 30m. Existing cottages are grandfathered, but many of the older cottages exceed this and should they be rebuilt, thse new bylaws apply.

“Boathouse or Aerodrome” - Superior Court Decision 

What do you think?
Boathouse or Aerodrome?

Jack Hepworth | Seguin Councillor Ward 6 report

- J.S. O’Neill of the Ontario Superior Court has ruled in Decision 2013 ONSC 5788 Oct. 2, 2013. Excerpt from Judge’s decision

While the structure can accommodate only a small, ultra-light plane, in every other way, as others have acknowledged on the facts, it looks like a boathouse, and at all material times it was utilized only as a boathouse on a lake. The facts which I have an analyzed seriously erode and call into question the Respondent’s sincerity in his position that at core, the structure is an aerodrome and not a boathouse.  There are simply no facts, events or circumstances on the record before me that the structure was essential or integral to aeronautics or to aviation.  At its simplest, this is because I find that the decision to register and aerodrome was an attempt by the Respondent to evade and circumvent zoning and planning by-laws.  The facts here do not demonstrate that the Respondent had any real intentions to operate an aerodrome or to use his structure for aeronautics related purposes.

An order shall forthwith issue as set out at para. 156 (a) and (b) of the Applicants’ factum. However, the period of time to demolish and remove the structure as described in para. 156 (a) shall be increased from 30 days to 90 days.

This decision ensures that development of Seguin’s shoreline structures must follow provincial, and municipal building, planning, zoning and environmental laws, by-laws and regulations. You can see what boat wash does to a shoreline. If the shoreline isn't allowed to remain natural, it further weakens the entire ecosystem of a lake, e.g., the Riparian zone. We left Muskoka due to the boat traffic; the disrespect for neighbours and wildlife. Many rent out to citiots who have no reason to care for the environment, only to be able to pay for property taxes. Such a shame.

Resort giant appeals zoning bylaw one day late

MUSKOKA LAKES - The former owner of Red Leaves is trying to win his way in Muskoka Lakes despite being late on the draw to appeal a zoning definition.
In October Muskoka Lakes changed the definition of a tourist resort to require each resort property to have onsite management, in part to reduce partying on the premises.

Ken Fowler, of Ken Fowler Enterprises and former owner of bankrupt Red Leaves, has long had big plans to create a resort village in the town of Minett. 


Boathouse Background Report - Muskoka Lakes (PDF)
 The Township of Muskoka Lakes’ Official Plan limits the coverage of buildings and structures to 10% of the area within (60 metres) 200 feet of the shoreline.

 In Gravenhurst, lot coverage within the first 20 metres (66 feet) of the water is based on the amount of water frontage. In all cases, the maximum permitted lot coverage within the first 66 feet of the water is 232 square metres (2,497 square feet). Gravenhurst’s Official Plan also requires that 75% of the shoreline remain in its natural state. Boathouses are further restricted on the smaller lakes, specifically Kashe Lake, Bass Lake, Three Mile Lake and Muldrew Lake.


Even real estate agents brag about grandfathering:

Cottage of the Week: $1.2 million for a cottage that extends over the banks of Lake Rosseau -...

Address: 28 Winchester Drive Neighbourhood: Seguin, Ontario

Big Selling Point: Though new cottages in the area are required to be set back 30m from the water, this cottage was grandfathered in under old regulations, allowing for its cantilevered position directly over the lake.

Myth # 432: peace and quiet of the country

Battle over deaf camp noise continues
HUMPHREY— During a meeting aimed at reaching an understanding between sport racing enthusiasts and cottage-country neighbours on Tuesday it became clear Seguin Township council will have to force any...

In an ongoing battle over whether the Ontario Camp of the Deaf can continue to provide its track as a fundraising venue for off-road motorized sports, more than 100 people filled a room above the Humphrey rink – angry delegates who want to put a stop to the sounds of engines at the camp, and angry Deaf Camp supporters who want neighbouring property owners to leave the camp alone.  "

Between year-round construction work, boats, chainsaws, hunting in the fall, PWCs and boatings roaring by, cottage country is anything but quiet these days.

I'm just sayin'!

Anyone with an expectation of quiet, peace and solitude are just dreaming.

Last day's post shows the damage to the forest land, where 4-wheels drive on snowmobile trails, cleverly created for them(?). Here are a couple more photos of what they do to the land in spring melt.

They rip up the landscape, leave behind pollution, as do the snowmobiles and PWCs.
Those in Humphrey will have to determine if their goal is entertainment, or the preservation of quality of life in Muskoka. At the very least, they can supervise the kids on the vehicles, I suppose.





Three of my photos show the ATVs on Parry Sound streets, where they allowed them on town streets. But they are ubiquitous. And accidents tolls are increasing.

All-TerrainVehicles(ATVs) andChildren'sSafety.PDF

3 Aug 2009 ... and accidents. Statistics from Canadian studies demonstrate the clear threat ATVs pose to the health and safety of children.

The AMA, quoting a 2006 study in the Journal of Paediatric Surgery, found that nearly 50% of all ATV-related injuries, and over 35% of ATV-related deaths are suffered by kids under 16 years of age.

ATVs accounted for 28% of fatalities for those under after 16.


There were 5,585 Emergency Department visits, during 2005-2006, by young males ages 15 - 19: the highest rate of visits of any age group. Us-data: between 2000 and 2004, 58,254 hospitalizations, 30% of which involved kids under age 18.

Makes you think, doesn't it? Unsupervised kids, on powerful machines, zipping around backroads. Injuries include: extremity fractures, head injury, facial trauma, contusions, abrasions and lacerations. Carrying passengers increased the destabilization of the ATV, and increases the risk of unjury and death.

ATV statistics are alarming - Timmins Daily Press - Ontario, CA

The story, written by The Canadian Press, points out that deaths from ATV accidents have almost doubled in 2007, from 12 to 23. 

Alcohol use, speed and not wearing a helmet were factors in nine of the 23 fatal ATV accidents that have occurred in 2007. All families should read this before letting a kid loose in the country:

ATV Manual.PDF - Quick View

Why ATV Safety? Rather than providing a list of statistics of ATV-related injuries and deaths, here are some observations based on recent ATV accidents.

The OMA recommends: 
• That children under the age of 14, not be permitted to operate all-terrain vehicles (ATVs) of any size within the province of Ontario;
• That youth aged 14 to 16 be permitted to ride only power-restricted vehicles that cannot exceed 30 km/hour;
• That any person between the ages of 14 and 18 wanting to operate an ATV, be required to first obtain an all-terrain vehicle learner’s permit, for which they must have permission and ongoing supervision of their parent or guardian;
• That the Ontario Ministry of Transportation investigate and publicly report on ways to enforce these ATV driver age restrictions.

References

American Academy of Pediatrics, Committee on Accident and Poison Prevention. All-terrain vehicles: two, three-, and four-wheeled unlicensed motorized vehicles. Pediatrics. 1987 Feb;79(2):306-8.

Canadian Paediatric Society, Accident Prevention Committee. Two-, three- and four-wheel unlicensed off-road vehicles. CMAJ. 1987 Jan 15;136(2):119-20.


Ontario Medical Association. OMA Position Paper: All-Terrain Vehicles (ATVs) and Children’s Safety. Ont Med Rev 2009 Sept: 17-21.