Photograph: Courtesy of Ed Campbell

Welcome back to our series on custom building.
A year ago, February 2006, we embarked upon a journey of planning and building a custom home.
You may remember it began with the land and its influence, or restrictions, on the home’s design and all the planning issues that will now assume major importance as we move from the completion of the new home to developing the property to its full potential.
Planned accessory structures, known more commonly as guest cottages, bunkies, sleeping cabins, garages, boathouses, saunas, gazebos, docks, pavilions and sunrooms etc. are often phased in over several years, for many reasons.
These types of buildings located on the same property are generally not permitted until the main residence is completed or at least substantially so.
There is no question the custom home was time-consuming and involved hundreds of your decisions to bring it to completion.
It was as exciting as it was rewarding to see it finally finished after all the efforts of the many skilled professionals who took care and pride to build your dream.
Moving in and getting settled takes a little time, there are still loose ends such as that elusive piece of furniture to find that must be just right. There will be family visits, house warmings and dinners with friends.
Take the time to enjoy your new home, relax with a glass of wine, raise a toast to the vision you had, to all the hard work that made it such a success.

By Brian Hoar and Mary Lee Zimmer

Catch your breath
There may be little enthusiasm to start building again without a break. It may not be the right time of the year. Finances may need to be considered, values and equity appraised, mortgages arranged and capital reassigned.
There may also be insurance and estate planning matters to address before more investment is made and a dozen other good reasons to delay the next phase until the time is right.
One thing is for certain, with the proper prior planning and the due diligence that took place when the land was purchased, the next phases, whenever they take place, will be easier than the first.

Relationships
The trust and good relationships built with all those professionals the first time around will now pay off in spades.
The value of that early guidance, the due diligence, the professional advice will become so much more apparent the moment the decision is made to proceed with the new guest cottage, garage or perhaps the boathouse.
So many of the decisions made while building the home and the various processes learned, will now largely apply to the subsequent buildings. The experience gained will prove invaluable.
Confidence will soar; decisions will still be made but will be less time consuming. The learning curve will be less steep and will no longer be intimidating!
There will be no disastrous surprises. You will truly appreciate the people and the services they offered that got you this far without a glitch and even more so as you move forward with further development.
Remember that real estate agent who really worked hard for you to find just the right property for the dream you had?
The lawyer who confirmed the zoning and local bylaws would allow you to develop the property including the two storey boathouse?
The surveyor who determined exactly where the lot lines were and did the lot coverage calculations so there were no mistakes?

Gazebos range from simple to the ultimate including stone fireplace. Photograph: Courtesy of Brian Hoar

Real estate agent
Realtors search for the lot that will best match their clients’ list of requirements.
Waterfront properties can be difficult to find. Many of the premium lots were assumed years ago by those first in cottage country. Some of these original cottages with no plumbing, heated by wood stoves, are now considered tear downs.
Surprisingly, those who want the particular property, but not the building on it, sometimes consider million-dollar cottages tear downs.
Taking a tear down to its foundation, and rebuilding, can avoid the seemingly restrictive rulings from the municipality.
If the building is closer to the water than would be allowed, or, if it’s a boathouse with living accommodations that needs work, they can often do something others can’t.
“Usually, you can use an existing footprint,” states Brian Guerriero, Re/Max Gravenhurst, “but there are scenarios where that would not be true. As an example, there could be a special provision running with the land stating that if the building were torn down it couldn’t be rebuilt in that area because of an environmentally protected area.”

Lawyer
“When a client is purchasing property, the lawyer first searches the title,” states Nick Roche, Lee Roche and Kelly. “If the client has a particular stated intention, as far as the property is concerned, it would be checked out with the municipality to determine the governing regulations.
“Lot coverage and setbacks need to be considered. Generally, the guest cottage, or bunkie, cannot contain a kitchen. The law says you can’t have more than one kitchen on the property and a kitchen is defined as having a stove.
“People get around this by having “refreshment centres” which can consist of a fridge, microwave and bar sink. Some enlarge their refreshment centre over time to make it almost like a kitchen. And some have been prosecuted for having a second kitchen on their property.”
Those who want a large main cottage and a self-contained guest cottage with a kitchen for family, friends, staff or kids find to their chagrin that they can’t have a big conglomeration of buildings.
“One lot cannot have two homes without a special exemption,” adds Roche. “Even larger land holdings – a piece of property with perhaps 800 feet of frontage, twice or three times the normal required minimum frontage, can have only one main building and one bunkie etc.
“The only remedy is to sever the lot and then you’re allowed to build a main residence and a bunkie on each of those severed lots.”
Zoning is a designation, according to the township’s bylaws, which states the kind of development that is allowed on a certain piece of property. But, zoning can sometimes be changed.
“If the property has been an old lodge or commercial property and the prospective purchaser wants to buy and rezone it, dividing it into two or three pieces he or she would go through the rezoning process,” explains Roche.
“It’s a fairly complicated process in that you must apply to the municipality; notice is given to everyone within 200 m who can then show up at a public meeting and object.
“Hearings can end up at the Ontario Municipal Board where one of the parties appeals the decision of the local municipality to the municipal board.

Contracts with builders
Marcia Oliver, from the law office of Marcia J. Oliver, advises verbal agreements with contractors should be reduced to writing.
“If a dispute arises between the owner and the contractor, a simple but straightforward written contract will be important in assisting with the resolution of the dispute,” Oliver begins.
“A contract can be simple but very specific while an estimate, by its very nature, is vague. When contractors do not use a contract, it leaves the relationship with the owner undefined.”
According to Oliver, a contract should address, at the very least, the following: the price for the work; specifics regarding the work the contractor will perform; how changes to the scope and the price of work will be approved; the frequency with which payments to the contractor will be made; the date construction is to be completed; and when the contract can be terminated, by whom, and, at what cost.
“If there is a stipulated contract at the outset, the only way the price can change is if the parties agree to the change by way of a change order,” she explains.
Want to change the cabinets? That will change the price. A change order would be signed before the work is done.
“While many respected builders in Muskoka continue to prefer a handshake, the greater the financial risk to the contractor, the more likely they are to have a contract
“Contracts don’t have to be complicated. I’ve worked with builders to develop a more streamlined contractual relationship.”

The surveyor
“You can cover only a certain percentage of the lot with buildings,” explains Doug Jemmett, Coote Hiley and Jemmett, “and it’s based on the size of the lot. So if you have, 40,000 sq. ft. in the front 200, you can cover a percentage of that area with structures.
“If your long range plan includes a cottage, a boathouse, a garage – anything that is a roof structure, including verandas on your cottage – you must include them in your calculations for the square foot coverage.
“The municipalities each have little things in their bylaws that are slightly different. So you’ve got to be very careful and make sure you check these regulations before building.”
Coote, Hiley and Jemmett prepares surveys for their clients. A full survey highlights the area of the property and includes: the area in the front 200; the straight line frontage of the shoreline; the distance along the shore; any rights-of-way and encroachments.
He says the client can take this full report to the municipality and say, ‘I want to build a 5,000 sq. ft. cottage and a two-slip boathouse. Here’s my survey. Can I do it?’
An architect will look at the survey and may say ‘okay’ you’ve got x number of sq. ft. You want to build this cottage. Well that’s only going to leave you x number of sq. ft. for your boathouse and then if you want to build a garage, forget it.
“In certain instances they can build the garage outside the 200 feet from the water,” Jemmett says. “The survey, showing the property as it exists, is used to determine where the setbacks are and where, if at all, you can actually build this garage.”
All of this comes into play as the owner determines priorities and long-term goals for the property. Once the owner decides what will be built, a topographic survey, showing contours of the land, is performed so that the architect can proceed with the design.

Margaret Walton, Planscapes, looks over plans. Proper and detailed planning can make dreams come true and prevent disappointments.

The architect
Your architect not only designed your new home, he also put in place the site plan and located the positions of the accessory structures to be built in the future.
This will take on added meaning as subsequent building permits are applied for and issued without question.
“The boathouse is usually the next big priority, after the main cottage,” suggests Mark Jones, Draftech Design.
“Features of the boathouse are designed to match the existing cottage picking up on architectural features – handrail details, trim, windows, dormers etc. The same thing applies for separate garages.
“When preparing the site plan we investigate restrictions on the lot,” explains Jones.
“If clients do not have a survey at this point, we can help them obtain one,” states James Pitropov, Smith Architect Inc. “We then create a customized design that supports the owner’s vision within the parameters of the specific municipality’s by-laws.”
“A site inspection is number one,” states Gary Clark, Edenlane Homes, “to make sure the boathouse or other accessory building can be built. The terrain could be weedy, rocky and sometimes too shallow.
“So, we have to determine if it’s even feasible. The second step, is to check the zoning bylaws to make sure that whatever the client wants can be passed by the municipality in the planning area. There are so many rules today. We’ve had cases where we’ve had to go to the Fisheries Department to get their approval.
“If you want to have a nice cottage, a boathouse, a bunkie and on and on, it can start to chew up your land. You might only have a 10 per cent lot coverage, so there are restraints. Some municipalities won’t allow accommodations over the garage, if you have a bunkie.”
“Most of us, deal with five or six different townships and the by-laws in regards to main and accessory buildings are all different,” adds Jones. “Several changes have been made in the last five years.”
“The planning of a home is one of the most important decisions that people will make in their lifetime,” states Pitropov.
“We plan carefully and work with the client. It’s an interactive process.”

The builder
Your all-important builder, in whom you have placed so much trust, will have put in place components that will make the next phases as seamless as possible and the most cost effective. He will have worked with the electrical contractor and already sized the electrical service to take care of the extra demands the additional buildings will place upon it.
“When the building permit application was submitted last year, a site plan which included lot coverage, septic bed sizes, hydro service etc, for all planned structures – your home and future accessory buildings were, or should have been, included,” states Brian Higgins, Cottage Country Construction.
The sewage disposal system will have been designed and constructed to handle the extra bedrooms, bathrooms and floor space in the accessory buildings. After thoughts and miscalculations in this area can be expensive and very difficult to resolve where space and terrain limit location or expansion.
Without adequate water supply no other buildings with bathrooms or other demands for water are possible. The well or lake supply must have sufficient capacity; pumps and supply lines must be sized correctly; and provisions made to distribute the water throughout the property without freezing during the winter months.
Builders need to know the full extent of future development to plan ahead and avoid costly duplication of services. There needs to be continuity with all the trades and service providers. Teamwork and great communication is essential.
“To change your mind about the accessory buildings after the main residence has been designed and built usually means costly consequences and disappointments,” adds Higgins. “Main services may need to be redone; an alternate heat source required.
“There may be less than sufficient lot coverage available causing long delays as you apply for a minor variance – which may, or may not, be granted.
“Because regulations, enforced by the different municipalities, vary from lake to lake and lot to lot, before even buying your property, you need to talk with the building and planning departments and make sure you can do what you want to do.”
“Also, consider resale value,” states Chris Ember also of Cottage Country Construction. “You may not want accessory buildings – but the next owner might. Adequate services for a boathouse or a bunkie can be an asset – a definite selling feature.”

Accessory Buildings including garages are designed to match and complement the main residence. Photograph: Courtesy of Fitzmaurice Bros.

Storm water management
Dave Brouilette, Pinestone Engineering, provides storm water management plans to control water runoff to its pre-development level, mimicking the runoff that was there before paving and building. Municipalities look at the impact from drainage.
“In some cases you actually have to store excess runoff and release it into the environment slowly,” states Brouilette. “For cottages and residential type properties it’s not usually a major issue. It’s more of an issue for commercial development when you’ve got large paved areas.
“But it’s still an issue, and you need to make sure that you’re not allowing any of the eroded materials to get into the lake. We also assist in the design of on-site sewage systems and plan roads to suit the terrain. I check to see if the accessory buildings will have an impact on the sewage system.

Land planners
Margaret Walton, Planscapes, receives calls from people who are purchasing property. “We advise how much building footprint they can have on the lot; whether they can have a two-storey boathouse; how big the second storey can be; where the structure has to be located in relation to fish habitat, steep slopes or narrow water bodies,” Walton begins.
“Some are looking down the road to see if there is potential to create two lots. If that’s the situation, they ask what do they have to do with the development now to make sure they keep that option open.
“We sit down with them, look at their basic survey, go out and inspect the property and then give them advice on the best building location and answer their specific questions.
“If they can’t have a boathouse according to regulations, we discuss the chances of getting an amendment to allow a boathouse to happen. There could be topographic constraints on the property – where they have to do certain positioning for the building, that doesn’t comply with the by-law.
“In these cases, there are approvals you can get because the townships recognize that there are extenuating circumstances.
“Keep your options open for the future. We’ll say, ‘This is what you have. These are your options. If you are ever going to create another lot, this is where you should put your building. This is where you shouldn’t put your building.
“It’s laying out a master plan to look at where everything is going to go in the future so you don’t preclude or do something that cuts off your options.
“The rules are different in every municipality and the rules are changing. So it’s really important to be up to date and to not assume that it’s correct. It’s getting more and more complicated to figure it out.
“There are certain rules that are written down but then there’s certain flexibility a planner has, to make changes, or to allow things to happen, and there’s certain flexibility for council to make changes. So you basically go in and negotiate what you’re going to build lot by lot.”

Summit Mortgage (from bottom) owner and mortgage broker Leslie J. McCann, administrator Karlye Dennis, and mortgage agent John Glendinning look forward to servicing your financing needs. Photograph: Darren Lum

Financing
“The easiest, cheapest, most flexible way to finance construction is to do a home equity secured line of credit,” begins Jacqui Semkow, TD Canada Trust.
“Usually a line of credit scenario is a good one, especially if you’re building,” agrees Leslie McCann, Summit Mortgage. “You draw down on the line of credit, instead of taking a mortgage for $100,000 and letting the money sit in the bank until needed.
“The client may have a house in the city, or a house here, that they’re going to mortgage. Once we know the equity situation and what we can use as collateral, we would look at their properties and see which one we’re going to use as security to get the money put into place,” explains McCann. “Using two houses as security at one time is called a ‘Blanket Mortgage.’
“Mortgage ratios are done by loan to value,” explains McCann. “You can borrow up to 75 per cent, loan to value, without getting into an insured product which means having CMHC insure it.
“Anything over 75 per cent will require insurance with CMHC or a private second mortgage.”
“If the owner has no equity in a home, we can do construction financing on a draw system,” continues Semkow.
“Significant resources are needed because the owner needs to buy the land without borrowing and must be able to reach 35 per cent complete on their new project before receiving any money.
“At 35 per cent complete, the structure is weather proofed with windows, doors and a roof and the first draw of 30 per cent of the 75 per cent is available. At 65 per cent complete, the interior walls, insulation and drywall is in and the next draw - another 30 per cent is available.
“At completion, we advance the final draw. With each draw the client’s lawyer holds back 10 per cent.”
These monies are released 45 days after the completion of construction.
The owner now decides on a fixed interest rate and term and converts the line of credit to a regular mortgage and starts to make payments.

Conclusion
A word to those who have not been involved in building for a few years: proceed with caution. There is a minefield of roadblocks, bylaw changes, new building code changes, frontage and coverage issues that may have come into being since you last built.
Seek good advice and be aware that building costs and the cost of permits may not be where you thought they were!
Accessory buildings can be a special challenge, some unique to Muskoka and its lakes. The engineering and construction of steel pile docks in 30 feet of water is very specialized, more so when they must be designed to support a two-storey boathouse in which people will live.
All buildings are different and test the skills of designers and builders alike. It’s part of what makes it so interesting to build in Muskoka.
It takes a lot of experience to successfully guide a project through multiple stages of development. The ultimate fulfillment is to do it well and exceed expectations.
Muskoka is home to so many fine builders, great trades and professionals who can pull it off. Join us next issue as we discuss boathouses.

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