Robertson v. Town of Bracebridge
Caroline Robertson and Jill Popkey (Applicants/Appellants) have appealed from the refusal of the Council of the Town of Bracebridge to approve a Zoning By-law Amendment for the subject property. The property is designated Residential by the Town of Bracebridge Official Plan and zoned Residential Type 1 by Zoning By-law No. 2006-120. The purpose and effect of the proposed Zoning By-law is to rezone the subject property to Residential Type 1 – Special 56 in order to permit all uses in the R1 Zone including one accessory apartment dwelling unit. The current application results from a complaint by a local resident who suspected that this location contained multiple dwellings. As a result, the Building Department directed the owners to either comply with the permitted use or to apply for permission to allow an accessory apartment unit.
The Board, in having reviewed and considered the oral and documentary evidence of the parties and the submissions of counsel, finds that the rezoning proposal fails to conform to the spirit and intent of certain policies of the Official Plan. More importantly, the Board is not convinced that the proposal is consistent with the principles of good land use planning, nor can it be seen to have sufficient regard for the public safety and interest. The Board’s view, by virtue of the shape and dimensions of the subject property along with the existing zoning standard deficiencies, permitting a second living/dwelling unit at this location is not conducive to the principles of good planning.