{"id":104076,"date":"2021-10-15T09:12:43","date_gmt":"2021-10-15T13:12:43","guid":{"rendered":"https:\/\/huntsville.dopperonline.ca\/?p=104076"},"modified":"2021-10-15T09:12:43","modified_gmt":"2021-10-15T13:12:43","slug":"applicants-told-to-remove-egregious-retaining-wall","status":"publish","type":"post","link":"https:\/\/doppleronline.ca\/huntsville\/applicants-told-to-remove-egregious-retaining-wall\/","title":{"rendered":"Applicants told to remove “egregious” retaining wall"},"content":{"rendered":"\n

<\/p>\n\n\n\n

Things did not go well at a Huntsville committee of adjustment meeting on October 13 for the owners of a riverfront property on King Crescent.<\/p>\n\n\n

<\/broadstreet-zone><\/strong><\/div>\n\n\n\n

The applicants were before the committee trying to get a retaining wall, referred to as egregious by the chair of the committee, recognized as a minor variance. They were also seeking relief from the requirements of the comprehensive zoning on the property to increase the allowed accessory lot coverage from 5 to 5.13 per cent for a floating dock.<\/p>\n\n\n\n

Planning staff were recommending that the applicants be allowed to increase the accessory lot coverage for the floating dock only if they removed the retaining wall, revegetated the shoreline buffer area within 15 metres of the Muskoka River shore, and consulted with the Ministry of the Environment, Conservation and Parks (MECP) about requirements surrounding \u201cButternut Trees potentially impacted as a result of [the] retaining wall construction.\u201d<\/p>\n\n\n\n

Graeme Huizinga, planning consultant for the applicants, told the committee that his client had hired a contractor\/landscaper to do some work on the property which has experienced \u201ca lot of erosion activity from both the streetside and also from wake from boats coming through the channel. As I\u2019m sure you all know, some of which don\u2019t respect the slow speed recommendations through that section of the channel. So he\u2019s been experiencing a lot of wake action running up on the shoreline…\u201d<\/p>\n\n\n\n

Huizinga also said storms are affecting the property on the streetside and the municipality has a drainage easement that runs very close, and in some instances on, his client\u2019s property and also contributes to erosion.<\/p>\n\n\n\n

He said the retaining wall system was built not as an aesthetic pursuit or as a way to reorganize the shoreline but rather to \u201cstop this historic pattern of erosion and soil loss the property owners have been seeing over the past few decades.\u201d<\/p>\n\n\n\n

He said his clients consulted with the Town but something seemed to get lost in translation. \u201cThe Town had advised the property owners\u2019 contractor that landscaping would not require any special approvals. Of course, the Town was not aware that they were referring to landscaping in the nearshore area when that advice was given so it\u2019s an unfortunate miscommunication, but it\u2019s led to the retaining wall being built and being\u2026 on the property today.\u201d<\/p>\n\n\n\n

Huizinga argued that while he understands that the extent of the retaining wall across the frontage of the property and its depth does not meet the intent of the Town\u2019s Official Plan and zoning bylaw, \u201cI do also have to point out that this is not a paper exercise, of course, we\u2019re talking about something that already exists and denying this variance, unfortunately, would indicate that the Town\u2019s opinion on the matter is that the retaining wall should be taken out.” He added that his clients also have a report from an arborist regarding the Butternut tree and other mature trees on the property indicating that removing the wall would do far more damage due to erosion than leaving it in place and revegetating around the wall, which is what Huizinga was proposing as a solution.<\/p>\n\n\n\n

He said erosion would have also damaged the Butternut tree and noted that the applicant would be happy to work with MECP to address that specific tree as well as the municipality to come up with a vegetative plan to make the wall blend a bit more.<\/p>\n\n\n\n

The applicant, Doug Wilson, also spoke at the meeting and said over the past 36 years he and his wife have had occasion to do upgrades on their property and have always obtained a permit where required.<\/p>\n\n\n\n

He said a load of topsoil still sits in their yard which was meant to be used to revegetate the area. \u201cNo direction has been received from the planning department as to what would be satisfactory,\u201d he noted. He said he has contacted the Muskoka Conservancy online and has received a list of potential vegetation for the area, \u201cnone of which were in existence prior to now.\u201d<\/p>\n\n\n\n

He said the impact of serious erosion on the waterfront can be a significant liability if not addressed. \u201cFor example, if your boathouse was at risk as in 2005 (hundred-year storm) or failed due to erosion, who would be responsible for remediation of that?\u201d he questioned. He told the committee that many boaters now give them a positive shoutout when they go by for their efforts. \u201cHopefully the committee will focus on the positive aspects of this landscaping project and not be inclined to a negative outlook,\u201d said Wilson.<\/p>\n\n\n\n

Committee member Kenneth Donald wondered whether there might be an \u201cintermediary step\u201d between the removal of the retaining wall and leaving it as is. \u201cOr are we just going with black and white?\u201d he questioned.<\/p>\n\n\n\n

Town planner Adam Ager said in order for the applicant to keep the retaining wall as-is, he would have to apply for a minor variance, which would have to be approved by committee.<\/p>\n\n\n\n

\u201cI believe the option was given to the applicant that they could go forward with a minor variance to try to maintain what\u2019s currently existing as-is, save and except for the floating dock addition, but the retaining wall specifically. If they wanted to keep it they need a minor variance [which] would have to go to committee and should that not have a favourable outcome, I don\u2019t know if next steps were discussed, but the direction was given in order to keep the wall as-is a variance would have to be granted,\u201d he explained.<\/p>\n\n\n\n

\u201cMr. Wilson is a respected businessman and a long-term resident of Huntsville. He\u2019s certainly a good citizen,\u201d said Councillor Bob Stone, who chairs the committee. \u201cThat being said, this wall is egregious. It flies in the face of our Official Plan. If this were a precedent in any way it would endanger our waterways. Huntsville has been very proactive in maintaining vegetation along the ribbon of life, as what we like to call it, on either side of the shore and therefore our waters here in Huntsville are said to be the best in all of Muskoka because we\u2019ve been doing this for a long time. Personally, we cannot let this stand,\u201d he argued.<\/p>\n\n\n\n

Stone said if there is another way to help reduce the erosion of the shoreline, he would be open to looking at it. \u201cBut as it stands right now, it simply needs to be revegetated for the health of Huntsville.\u201d<\/p>\n\n\n\n

Committee members concurred, and in the end passed the recommendation from staff which calls for removal of the retaining wall.<\/p>\n\n\n

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Things did not go well at a Huntsville committee of adjustment meeting on October 13 for the owners of a riverfront property on King Crescent. 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