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Illegal dwelling units in Lake Simcoe boathouses raise concerns

Some boathouses in the area are equipped with '$300,000 kitchens, art studios… There certainly is an abuse of the boathouse issue'
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Our Shore Community Planning Permit system is now in place to regulate shoreline development in Innisfil. Miriam King/Innisfil Today

Innisfil Council voted to approve a Class 1 Community Planning Permit System application for a new on-land boathouse at a property on Shoreview Drive, in Big Bay Point.

The application needed council’s permission because the proposed height of the two-storey structure exceeds the four-metre maximum height of a standard boathouse - although at 5.2 metres, it falls below the maximum seven metres allowed.

The new boathouse will replace an existing two-storey structure that has fallen into disrepair. A staff report noted that although the boathouse does not meet sideyard setbacks of six metres, it occupies only six percent of the shoreline frontage, and provisions have been made for increased vegetative plantings and buffering.  

The owner is also required to provide a “community benefit contribution” equal to one percent of the value of the construction of any boat house, dock and marine railway constructed.

Council’s discussion was less about the specific application, than about an ongoing “systemic” problem with boathouses on Lake Simcoe.

The Our Shores By-law prohibits boathouses from being used for human habitation, and forbids the provision of servicing that includes fuel, washrooms or potable water.

“How often does by-law reinspect these to make sure they don’t turn into ‘bunkies’,” Coun. Rob Nicol wanted to know.

“This has traditionally been an issue,” acknowledged Director of Growth, Tim Cane. “This is something we are aware of… We will be proactive in ensuring this doesn’t turn into a habitable living space.”

Deputy Mayor Dan Davidson noted that some boathouses in the Big Bay Point area are equipped with “$300,000 kitchens, art studios… There certainly is an abuse of the boathouse issue.”

Cane noted that the Our Shores by-law gives the town a tool to deal with illegal suites in boathouses, but Coun. Alex Waters questioned the point of permitting a two-storey structure.

 “I don’t even know why we consider a second floor. Why don’t we just limit boathouses to a single floor, perhaps with some storage above?” Waters wanted to know.

Development leader Nick Skerratt explained that an upper floor can be used for storage; it can even be used for entertaining. “It just can’t be used as a dwelling unit.”

Asked about the penalties for breaking the rules, Skerratt said, “In the Planning Act we can go up to $25,000, plus the LSRCA has the capability of producing fines under their Conservation Authorities Act.”

When it was suggested that for owners of Lake Simcoe waterfront properties, the fines were not sufficient to be a deterrent, Skerratt said that the intention was not to punish but to work with the landowners.

“Our ultimate goal is compliance,” he said.

Skerratt also confirmed that outside of the inspections carried out during construction, by-law investigations tend to be complaint-based, or initiated by the LSRCA.

“I know for a fact some of these boathouses are rented,” said Coun. Carolyn Payne. “How often are these checked to make sure they are not renting them?”

She wanted to know what happens once a boathouse has been built, and the occupancy permit issued.

“Then you don’t go back, right? That’s what my question is - when everything is said and done, we let it go and nobody checks it?” asked Payne.

“We don’t have the resources to return,” acknowledged CAO Jason Reynar, noting that Council could choose to beef up by-law enforcement in the 2021 budget.

Reynar also reminded council that while illegal ‘bunkies’ in boathouses may be a “systemic issue,” there is absolutely no indication that the applicant has ever had or plans to have a dwelling unit in his boathouse.

Council approved the application.


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Miriam King

About the Author: Miriam King

Miriam King is a journalist and photographer with Bradford Today, covering news and events in Bradford West Gwillimbury and Innisfil.
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