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NOTICE OF DECISION
APPROVAL OF STANDARD CONDOMINIUM DESCRIPTION
Pursuant to Subsection 51(37) of the Planning Act
Standard Condominium File C2023-07
(Muskoka Bay Resort – Condominium 2)
A decision was made by the Director of Planning to grant draft approval to Standard Condominium File C2023-07, on lands legally described as Part of Lots 23 & 24, Concession 2, Geographic Township of Muskoka, Town of Gravenhurst in the District of Muskoka. The draft Standard Condominium Description and Schedule A, which include the conditions of draft approval and the lapsing provisions, are attached.
Proposed Plan of Condominium
The lands subject to the application are approximately 1.66 hectares (4.1 acres) in area, with approximately 1.47 hectares (3.63 acres) in size with frontage on Carrick Trail in the Town of Gravenhurst. More specifically, the lands are legally described as Part of Lots 23 & 24, Concession 2, Muskoka, Parts 9-11 Plan 35R-26394, Town of Gravenhurst, District of Muskoka. The purpose of the proposed Standard Condominium Description is to create 7-storey residential, mixed-use condominium with eighty-eight (88) residential units, one rooftop commercial unit and associated common elements including roads, lanes, driveways, lobbies, corridors, common/public washrooms, landscaped areas, mechanical equipment, parking spaces not associated with a condominium unit, and other shared components. Access to the development will be provided from Carrick Trail, an existing private road. While municipal water services are available along Carrick Trail, municipal sewer services are not yet available to the subject lands. In order to proceed with the development of the proposed standard condominium building prior to the extension of municipal sanitary sewer services, an official plan amendment application was approved (OPA54) to permit the proposed condominium description to connect to the adjacent private sanitary sewer services (forcemain and pump station) currently used by Muskoka Standard Condominium Description 94 for a period of three years.
Public Comments Considered
No public comments were submitted either in support of or in opposition to the proposed condominium description. In accordance with the Planning Act, R.S.O. 1990, as amended, no public meeting was required to be held.
When and How to File an Appeal of the Decision
A notice of appeal to the Ontario Land Tribunal of the decisions must be received by The District Municipality of Muskoka on or before the last day of appeal, May 27, 2024, being 20 days from the date of this notice. The notice of appeal must:
i) set out the reasons for the appeal; and
ii) be accompanied by the fee prescribed under the Ontario Land Tribunal in the amount of $1,100.00 (per decision appealed) payable to the Minister of Finance.
The applicant, the Area Municipality, or any public body that made written submissions to The District Municipality of Muskoka before the draft approval of the plan of subdivision, may appeal any of the conditions imposed by The District Municipality of Muskoka to the Ontario Land Tribunal by filing with The District Municipality of Muskoka a notice of appeal.
A notice of appeal shall be filed with:
Amy Back, District Clerk
District Municipality of Muskoka
70 Pine Street
Bracebridge, ON P1L 1N3
Who can Appeal a Decision
Only individuals, corporations or public bodies may appeal a decision of The District Municipality of Muskoka to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal of the decision of the approval authority, including the lapsing provisions or the conditions, unless the person or public body, before the decision of the approval authority, made oral submissions at a public meeting or written submissions to the council, or made a written request to be notified of changes to the conditions or, in the Ontario Land Tribunal’s opinion, there are reasonable grounds to add the person or public body as a party.
When the Decision is Final
The decision of The District Municipality of Muskoka is final if a notice of appeal is not received before or on the last day for filing a notice of appeal.
Notice of Changes to Conditions
You will be entitled to receive notice of any changes to the conditions of approval of the proposed standard condominium description if you have made a written request to be notified of changes to the conditions.
No person or public body shall be added as a part to the hearing of an appeal regarding any changes to the conditions of approval unless the person or public body, before the approval authority made its decision, made written submissions to The District Municipality of Muskoka, or made a written request to be notified of the changes to the conditions.
Getting Additional Information
Information about the phased condominium description and the decision are attached hereto. An original copy of this document is available for inspection during regular office hours at The District Municipal Office.
For additional information contact Rochelle Jeffries at (705) 645-2231 ext. 4234 or 1-800-461-4210 (in the 705 area code), or fax (705) 646-2207.
View the complete notice: 2024-05-07 Notice of Decision C2023-07
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