How much of a difference can three acres make?
For the powerful Lake of Bays Association (LOBA), a well-heeled lobby group in the Township of Lake of Bays, three acres was all it needed to launch an expensive Ontario Municipal Board appeal.
The appeal was in response to an Official Plan (OP) amendment proposed by the municipality, which would see the size of waterfront back lots decrease from a minimum of 10 acres to seven. LOBA argued that allowing the reduction could have negative environmental and visual impacts on individual property owners and the township as a whole as well as tourism – an important economic driver for the municipality. It also argued that the impact of such a policy change had not been studied in full and maintained that the proposed reduction goes against the Provincial Policy Statement, which encourages development in existing service and settlement areas.
“LOBA is of the view that this proposal is not in keeping with the major thrusts of the 2014 Provincial Policy Statement as it will tend to encourage linear development around the approximately 120 km shoreline of Lake of Bays and elsewhere in the Township, with attendant hard and soft local and District servicing implications and result in undermining the efforts to create and maintain complete self-sustaining communities in the area,” argued LOBA in a letter to the District Municipality of Muskoka, which approves and comments on Official Plans submitted by its member municipalities.
Lake of Bays Mayor Bob Young said the municipality had two objectives in mind when it proposed the OP amendment – to try and generate more affordable housing opportunities and to try and make access to the lakes more affordable.
To try to generate more affordable housing, Young said the municipality tried to change the minimum size requirement for rural lots from five acres down to two with a minimum frontage of 200 feet instead of the 400 feet currently required on a year-round maintained road, but the reaction was fierce. “The idea was that young people starting out could buy a reasonably cheap piece of land and build themselves a small house. Council received such negative feedback, mostly from LOBA, that it decided not to proceed with this idea,” he noted in a written statement to Doppler.
Then, in order to make access to lakes more affordable, Young said the municipality proposed reducing the minimum size of a back lot from 10 acres down to five acres, while keeping the required frontage on a year-round maintained road at a minimum of 400 feet.
“Again this received such strong negative reaction and push-back, again especially from LOBA, that council compromised and included a minimum size of seven acres in the approved OP. The idea here is that with a smaller lot size, and not being on the water, potential investors can build a more modest place and use existing Township docks, boat launches and road allowances leading to water to access the lake,” said Young. But that too met with fierce opposition from LOBA who hired a team of consultants and solicited the help of a manager of community housing and development at Ministry of Municipal Affairs and Housing to drive its point home during the OMB hearing, which lasted two days, from September 12 to 14.
On September 26, 2017 the OMB member released her decision and ruled in favour of the Township. You can find that decision here.
“Regrettably, it is not the decision we were hoping we would achieve. It is an extremely short decision particularly considering the extensive evidence that was called and the very thoughtful evidence of our five witnesses which clearly demonstrated that there was no need or basis for the change in back lot sizes and no planning evidence to support Council’s decision,” according to a statement released by LOBA to its members on October 2, 2017 and forwarded to Doppler.
LOBA also indicated that it would not appeal the decision. “There are significant development applications looming on the horizon for Lake of Bays. LOBA will continue to advocate that sound planning that reflects the vision of the Township of Lake of Bays and that respects and preserves the unique environmental qualities that our members value, be the foundation to new development,” it added.
Young on his part sees the decision as a small victory. “We are pleased with the immediate decision, 10 days, which infers to me that the appeal could almost be considered frivolous. The Township is pleased with the reaffirmation of its right to govern and with the closure on its Official Plan Review Process. The only tragedy is the amount of money spent, especially by LOBA, on this appeal – think what good could have been done in the community with these funds,” he said.
Before launching the OMB appeal, LOBA anticipated the process would cost anywhere from $60,000 to $70,000.
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As a long time resident of LOB and someone who has studied the demographics and needs of our citizen base I applaud Mayor Young in attempting to make housing more affordable. If LOB is to be a place to grow, to work and live rather than a place to only retired, play and live there must be options for hard working but perhaps not wealthy individuals to own homes. Living in this beautiful township should not be exclusive. So many of the individuals employed within LOB cannot afford to live here, nor can young families beginning their working lives. That will not sustain our community. Housing options must be available for the community to diversify.
Susan Lovell
Well done Mayor Young. The lakes belong to everyone not just the elite and access is a right not a privilege.
Well done Bob Young and the town council. I applaud your willingness to negotiate to reach a settlement on this issue. LOBA it seems was not willing to concede an inch until the decision was well in its favour, and only conceded 3 acres. I also applaud the town council’s original vision to generate more affordable housing opportunities and to try and make access to the lakes more affordable.
Good work for Lake of Bays Mayor Young. LOBA is yet another self-serving group that mostly tries to speak for all members and half of them know nothing about what LOBA is even doing. LOBA should be ashamed wasting valuable tax payers’ money for a fight which only benefits us in the long run by allowing affordable housing and giving tax money to the township.
As a long time resident, I am disappointed with the bias and tone of your article. LOBA is a concerned, dedicated, hard working group of people who are committed to understanding the needs and wishes of both full time and seasonal residents and accurately and effectively represent them. Thank goodness they stand up for the health of the lake and the community and advocate for our best interests. Your article does them a disservice.
Your editorial comment characterizing the Lake of Bays Association as a (“powerful (and) well-heeled lobby group” belies this article as one supposedly reporting news. LOBA, like all community-based ratepayer or property-owner groups, represents the legitimate interests of its members (many of whom are most incorrectly portrayed through this characterization as somehow being especially privileged). Indeed, in my experience as a lakeshore management planner for over thirty years, I observe that the concerns expressed by LOBA reflect a priority for long term protection of a limited and at-risk resource. Please stick to reporting the news (except, of course, in your editorials). Thankyou.