The Corporation of the City of Kawartha Lakes

Minutes

Committee of Adjustment Meeting

COA2025-02

Thursday, January 30, 2025

1:00 P.m. - 5:00 P.m.

Council Chambers

City Hall

26 Francis Street, Lindsay, Ontario K9V 5R8

Members:

• Councillor Emmett Yeo
• Betty Archer
• Gerald Erickson
• Eric Finn
• Sandra Richardson
• Lloyd Robertson
• Stephen Strangway

Accessible formats and communication supports are available upon request. The City of Kawartha Lakes is committed to accessibility for persons with disabilities. Please contact [email protected] if you have an accessible accommodation request.

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1.

Call to Order

Chair Robertson called the meeting to order at 1:01pm.
Chair Robertson, Members S. Strangway, B. Archer, S. Richardson, G. Erickson and E. Finn attended in person.

Staff, L. Barrie, Director of Development Services, K. Evans, Acting Development Supervisor, A. Shahid, Planner II, S. Okhowat, Planner II, M. LaHay, Secretary-Treasurer and C. Crockford, Recording Secretary attended in person.

Absent, Councillor Yeo and M. McKinnon, Supervisor of Plans Review and Inspections.

2.

Administrative Business

2.1

Adoption of Agenda

An amended agenda was created to indicate the Minutes of January 9, 2025 meeting were attached to the January 30, 2025 meeting on the City's website.

• CA2025-020
  Moved By S. Richardson
  Seconded By S. Strangway

  That the agenda be adopted as amended.

  Carried

2.2

Declaration of Pecuniary Interest

2.2.1

E. Finn - COA2025-003, Item 4.1.2

2.3

Adoption of Minutes

2.3.1

COA2025-01

Committee of Adjustment Minutes
January 9, 2025

• CA2025-021
  Moved By E. Finn
  Seconded By G. Erickson

  That the minutes be approved.

  Carried

3.

Deferred Applications

3.1

Minor Variances

3.1.1

COA2025-002

Ahmad Shahid, Planner II
File Number: D20-2024-092
Location: 26 Hummingbird Lane
Part Lot 4 and Lot 5, Concession 4 (being Part 1 of Reference Plan 57R-5238)
Geographic Township of Carden
Owners/Applicants: Tan T. Ta, Anna N. T. Ta, Tien T. Ta and Sarah Chung

Mr. Shahid brought to the Committee’s attention that the public notice requirements were not met as per the Planning Act. The sign was posted 9 days before the meeting and the requirement was 10 days. All other requirements were met. Mr. Shahid was comfortable with proceeding with the presentation and turned it over to the Committee to determine if they wished to proceed. The Committee agreed to proceed.

Before continuing with the presentation Mr. Shahid noted that the application was originally scheduled for the October 2024 meeting but due to concerns from agencies it was deferred to allow the applicant and agencies to work out a proposal that could be supported.

Mr. Shahid summarized Report COA2025-002. The purpose and effect is to facilitate the relocation of a previously existing above-ground swimming pool. Relief sought: Section 14.1.b. of the Zoning By-law, which requires accessory structures to be located in a side or rear yard; the swimming pool is to be located in the front yard.

The applicant, Mr. Ta was present in person, addressed the Committee, and was available for questions.

There were no questions from the Committee or other persons.

• CA2025-022
  Moved By B. Archer
  Seconded By S. Richardson

  That minor variance application D20-2024-092 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-002, which shall be attached to and form part of the Committee’s Decision; and,
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-002. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.2

Consents

4.

New Applications

4.1

Minor Variances

4.1.1

COA2025-001

Ahmad Shahid, Planner II
File Number: D20-2024-073
Location: 209 Angeline Street North
Lots 23 and 24, Concession 4, Plan 292 (Parts 2 and 3 of Reference Plan 57R4476)
Former Town of Lindsay
Owner/Applicant: Dennis Marinier

Mr. Shahid informed the Committee that the original relief advertised was for two storage containers and the recognition of a shed. After discussions with the owner, Condition 2 was included for the removal of the shed.  Secondly, relief was not advertised for the front yard setback however the setback was indicated on the sketch circulated.  Staff were comfortable with proceeding with the presentation and turned it over to the Committee to determine if they wished to proceed. The Committee agreed to proceed.

Mr. Shahid summarized Report COA2025-001. The purpose and effect is to recognize two (2) existing storage containers. Relief sought: Section 5.2.b.i. of the Zoning By-law requires accessory structures to be located in a side or rear yard; the two (2) storage containers are currently located in the front yard; and, Section 6.2.c. of the Zoning By-law requires a front yard setback of 7.5 metres; the two (2) storage containers are currently set back 6.8 metres from the front lot line.

The Committee asked staff if the owners of the vacant lot to the north were notified of the proposal. Mr. Shahid responded.

There were no further questions from the Committee or other persons.

• CA2025-023
  Moved By E. Finn
  Seconded By S. Richardson

  That minor variance application D20-2024-073 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-001, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That the shed identified in Appendix C, be removed within a period of eight (8) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the owner providing photographic evidence to the Planning Administration ([email protected]) and Secretary-Treasurer.

  This approval pertains to the application as described in report COA2025-001. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.2

COA2025-003

Ahmad Shahid, Planner II
File Number: D20-2024-106
Location: 16 Copper Lane
Part Lot 3, Plan 258 (being Part 4 on Plan 57R-3311 and Part 1 on Plan 57R-8965), Digby Part Road Allowance
Geographic Township of Digby
Owner/Applicant: Stephen Earle

• E. Finn declared a conflict on this item.

Member Finn removed himself from Council Chambers due to pecuniary interest at 1:19pm.

Mr. Shahid summarized Report COA2025-003. The purpose and effect is to facilitate the construction of a new one-storey dwelling and screened-in porch. The existing dwelling and shed are to be demolished. Relief sought: Section 5.2.d. of the Zoning By-law requires a minimum 6 metre front yard setback; the proposed dwelling maintains the existing front yard setback of 0.84 metres; and, Section 5.2.g. of the Zoning By-law requires a minimum 15 metre water setback; the proposed dwelling maintains the existing water setback of 12 metres.

Agency comments were received from Kawartha Region Conservation Authority (KRCA) stating no concerns with the proposal and that a permit is not required. The Supervisor of Part 8 Sewage Systems requested a condition be placed to review a sewage system proposal and to conduct a site visit.

Public comments were received from the neighbour to the northwest of the subject property with environmental concerns related to water setbacks. There were additional concerns, which were not related to the Committee of Adjustment. Staff encouraged the public member to seek alternative routes to have their concerns addressed. Comments were circulated to the Committee members prior to the meeting as well as additional comments received which were provided to the Committee today. Mr. Shahid addressed the public concerns.

The applicant, Mr. Earle was present via electronic participation and available for questions.

In opposition to the application, Mr. Debleds was present via electronic participation and spoke to his concerns previously addressed by Mr. Shahid.

The Committee had the following questions to staff:

1) Did Mr. Debleds raise additional concerns other than what has been provided?

2) Concerns with camera views.

3) Date of the survey relating to the old and proposed structures footprints.
Mr. Shahid responded.

No further questions from the Committee or other persons.

A motion was made to approve the application as amended to add Condition 2.

 

• CA2025-024
  Moved By S. Strangway
  Seconded By S. Richardson

  That minor variance application D20-2024-106 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-003, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That approval under the Ontario Building Code (OBC) pertaining to private sanitary waste disposal be obtained within a period of eight (8) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon achievement of compliance to the satisfaction of the Supervisor of Part 8 Sewage Systems; and,
     
     
  3. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-003. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.3

COA2025-004

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-107
Location: 115 Lakeside Drive
Part Lot 18, Concession 8 (being Lot 2 on Plan 478)
Geographic Township of Somerville
Owners: Susanne and Gregory Worona
Applicant: Keji Planners and Builders c/o Joe McCool

Member Finn returned to Council Chambers at 1:31pm.

Ms. Evans summarized Report COA2025-004. The purpose and effect is to facilitate the construction of a detached garage. Relief sought: Section 18.1.3 b) of the Zoning By-law permits a maximum height for accessory structures of 5 metres; the proposed height is 7.5 metres.

Agency comments were received from KRCA stating no concerns with the proposal and that a permit is not required.

Public comments received from neighbouring property owner with concerns relating to the timing of the public notice, proposed interior side yard setback, height of the proposed garage, potential living space in the garage, distance from hydro line and impacts to property values. Ms. Evans responded.

The applicant Mr. McCool was present in person and available for questions.

There were no questions from the Committee or other persons.

• CA2025-025
  Moved By B. Archer
  Seconded By G. Erickson

  That minor variance application D20-2024-107 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C and the drawings in Appendix D submitted as part of Report COA2025-004, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection; and,
     
     
  3. That the shed identified in Appendix C be removed within a period of twenty-four (24) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the owner providing photographic evidence to the Planning Administration ([email protected]) and including the Secretary-Treasurer that the shed has been removed.

   

  This approval pertains to the application as described in report COA2025-004. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.4

COA2025-005

Ahmad Shahid, Planner II
File Number: D20-2024-108
Location: 32 Erin Drive
Part of Lot 24, Concession 7 (being Lot 12 of Plan M714)
Geographic Township of Manvers
Owner: Veronica Lukasik
Applicant: TD Consulting Inc.

Mr. Shahid summarized Report COA2025-005. The purpose and effect is to facilitate the construction of an addition (garage with second-storey bedroom), new deck, and mudroom. Existing porch to be removed. Relief sought: Section 13.2.c. of the Zoning By-law requires a minimum 15 metre front yard setback, the proposed front yard setback is 12.1 metres; Section 13.2.e. of the Zoning By-law requires a minimum 15 metre flankage yard setback, the proposed flankage yard setback is 4.7 metres; and, Section 6.4.b.ii. of the Zoning By-law permits a maximum net developable area that has impervious surfaces of 20 percent, the proposed area of impervious surfaces is 20.1 percent.

Agency comments were received from the Supervisor of Part 8 Sewage Systems requesting a condition be placed to discuss a new sewage system proposal and to conduct a site visit.

The Committee asked staff for clarification as to what the yellow structures refer to on Appendix C. Mr. Shahid responded.

The applicant, Ms. Archer of TD Consulting Inc. was present and available for questions.

The Committee asked Ms. Archer to elaborate on the proposed structures regarding the elevations drawings. Ms. Archer responded.

There were no further questions from the Committee or other persons.

A motion was made to approve the application as amended to add Condition 2.

• CA2025-026
  Moved By S. Strangway
  Seconded By B. Archer

  That minor variance application D20-2024-108 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-005, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That approval under the Ontario Building Code (OBC) pertaining to private sanitary waste disposal be obtained within a period of eight (8) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon achievement of compliance to the satisfaction of the Supervisor of Part 8 Sewage Systems; and,
     
     
  3. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-005. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding

  Carried

4.1.5

COA2025-006

Ahmad Shahid, Planner II
File Number: D20-2024-109
Location: Vacant Land Saint Luke's Road
Part of Lot 7, Concession 9 (being Part 1 of Reference Plan 57R-799)
Geographic Township of Emily
Owners/Applicants: Sheila Marie Buckley and Sheila Greco

Mr. Shahid summarized Report COA2025-006. The purpose and effect is to facilitate the construction of a new one-storey single-detached dwelling with attached garage and basement walkout. An Additional Residential Unit (ARU) is to be located below grade in the basement of the proposed dwelling. Relief sought: Section 3.22.vii. of the Zoning By-law which requires a minimum lot area of 4,000 square metres (0.4 hectares) for lots on private servicing to be eligible for an ARU; the existing lot area is 2,428.11 square metres (0.24 ha).

The Committee referred to the number of applications received for additional residential units (ARU) and asked Ms. Barrie if there will be changes in the new Rural Zoning By-Law. Ms. Barrie responded.

There were no further questions from the Committee or other persons.

• CA2025-027
  Moved By B. Archer
  Seconded By E. Finn

  That minor variance application D20-2024-109 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-006, which shall be attached to and form part of the Committee’s Decision; and,
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-006. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.6

COA2025-007

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-110
Location: 18 Daisy Drive
Part Lot 16, Concession 6 (being Part 1 on Reference Plan 57R3624)
Geographic Township of Somerville
Owners: Michelle, Nicole, Anna and Peter Binczyk
Applicant: Peter Binczyk

Ms. Evans summarized Report COA2025-007. The purpose and effect is to facilitate the construction of a detached garage. Relief sought: Section 5.2 c) of the Zoning By-law requires a minimum front yard setback of 7.5 metres; the proposed setback is 1.3 metres.

Committee had questions referring to the tent storage unit. Ms. Evans responded.

There were no further questions from the Committee or other persons.

• CA2025-028
  Moved By E. Finn
  Seconded By S. Strangway

  That minor variance application D20-2024-110 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-007, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection; and,
     
     
  3. That the tent storage structure identified in Appendix D be removed within a period of twenty-four (24) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the owner providing photographic evidence to the Planning Administration ([email protected]) and including the Secretary-Treasurer that the storage structure has been removed.

   

  This approval pertains to the application as described in report COA2025-007. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.7

COA2025-008

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-111
Location: 69 Rose Street
Part Lot 8, Concession 10; West Part Lot 52 Lane E (being Part 1 on Reference Plan 57R11097)
Geographic Township of Fenelon
Owners: Deborah and Peter Clark
Applicant: John Barkey

Ms. Evans summarized Report COA2025-008. The purpose and effect is to facilitate the demolition of the existing dwelling and the construction of a new larger dwelling. Relief sought: Section 15.2.1.3 b) ii) of the Zoning By-law requires a minimum interior side yard setback of 3 metres on one side and 2.3 metres on the other side for a two storey dwelling; the proposed setbacks are 3.3 metres from the western lot line and 2 metres from the eastern lot line; Section 15.2.1.3 d) of the Zoning By-law requires a minimum rear yard setback of 7.5 metres; the proposed setback is 1.2 metres; and, Section 15.2.1.3 e) of the Zoning By-law requires a minimum water setback of 15 metres; the proposed setback is 12.1 metres.

Agency comments were received from the Supervisor of Part 8 Sewage Systems stating no concerns with the proposal. KRCA stated no concerns with the proposal and that a permit is required from their office.

The Committee had questions referring to the concrete dock and setbacks of the existing dwelling. Ms. Evans responded.

The applicant, Mr. Barkey was present in person and available for questions.

There were no further questions from the Committee or other persons.

• CA2025-029
  Moved By S. Strangway
  Seconded By E. Finn

  That minor variance application D20-2024-111 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-008, which shall be attached to and form part of the Committee’s Decision; and,
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-008. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.8

COA2025-009

Ahmad Shahid, Planner II
File Number: D20-2024-112
Location: 9 Sandy Beach Road
Part of Lot 29, Concession 7 (Part 1 of Reference Plan 57R-2379)
Geographic Township of Fenelon
Owners/Applicants: Bradford Cordick, Ian Cordick and Kimberley Lownsbrough

Mr. Shahid summarized Report COA2025-009.  The purpose and effect is to request permission to extend a legal non-conforming use (personal storage) through the construction of a storage building. An existing storage structure (Structure C, shown on sketch) is also to be recognized. The use of the property for personal storage from 1982 predates the Zoning By-law adopted in 1995.

The Committee had questions referring to the year, Structure ‘C’ was placed on the property. Staff deferred this question to the applicant.

The applicant, Mr. Cordick was present in person as addressed the Committee's questions.

There were no further questions from the Committee or other persons.

• CA2025-030
  Moved By S. Strangway
  Seconded By G. Erickson

  That permission application D20-2024-112 be GRANTED, as the application is in accordance with Section 45(2)(ii) of the Planning Act and represents good planning.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-009, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That approvals and/or permits required by the Ministry of Transportation (MTO), are applied for and granted prior to the issuance of a Building Permit; and,
     
     
  3. That building construction related to the application shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-009. Fulfillment of all conditions is required for the Permission to be considered final and binding.

  Carried

4.1.9

COA2025-010

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-113
Location: 838 Ramsey Road
Part Lot 14, Concession 1 (being Part 5 on Reference Plan 57R9031)
Geographic Township of Mariposa
Owners: Kathleen and Gerald Brethour
Applicant: Kathleen Brethour

Ms. Evans brought to the Committees attention that public notice requirements were not met as per the Planning Act. The sign was posted 8 days before the meeting and the requirement was 10 days. All other requirements were met. Ms. Evans was comfortable with proceeding with the presentation and turned it over to the Committee to determine if they wished to proceed. The Committee agreed to proceed.

Ms. Evans summarized Report COA2025-010. The purpose and effect is to facilitate the construction of an accessory storage structure. Relief sought: Section 3.1.3.1 c) of the Zoning By-law permits a maximum lot coverage for accessory structures of 10% of the lot area to a maximum of 150 square metres; the proposed lot coverage is 195 square metres or 3% of the lot area; and, Section 3.1.3.2 of the Zoning By-law permits a maximum height for accessory structures of 5 metres; the proposed height is 5.9 metres.

There were no questions from the Committee or other persons.

• CA2025-031
  Moved By B. Archer
  Seconded By E. Finn

  That minor variance application D20-2024-113 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C and the drawings in Appendix D submitted as part of Report COA2025-010, which shall be attached to and form part of the Committee’s Decision; and,
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-010. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.1.10

COA2025-011

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-114 and D03-2024-072)
Location: 88 Pottinger Street
Part Lot 1, Block Q on Plan 1
Former Town of Lindsay
Owners: Cheryl and Robert Nagel
Applicant: Robert Nagel

Ms. Evans summarized Report COA2025-011 for the minor variance and consent concurrently. The purpose and effect is to facilitate the severance of the property to create one (1) new residential lot to contain a future single detached dwelling. Relief sought: Section 6.2 b) of the Zoning By-law requires a minimum lot frontage of 15 metres; the proposed frontages are 12.8 metres for the severed lot and 14 metres for the retained lot.

The Committee had various comments relating to:
1) Size of the neighbouring lots.
2) Changing the character of the neighbourhood.
3) Size of lot frontages.
4) Mature trees to remain.
5) Has the Provincial Government’s request to build more homes influenced staff’s decision for the consent to sever.
6) If the severance were approved would it set a precedent for other neighbours?

Staff responded.

The applicant, Mr. Nagel was present in person, addressed the Committee, and spoke to the potential use of the severed lot in the future.

There were no further questions from the Committee or other persons. It was noted that Member Finn was opposed.

• CA2025-032
  Moved By B. Archer
  Seconded By G. Erickson

  That minor variance application D20-2024-114 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That development related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-011, which shall be attached to and form part of the Committee’s Decision; and,
  2. That development related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused.

  This approval pertains to the minor variance application as described in report COA2025-011. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  
  That consent application D03-2024-072 be GRANTED, as the application represents good planning, and is in accordance with Section 53(1) of the Planning Act.
  
  

  Conditions of Provisional Consent for File No.: D03-2024-072.

  1. The owner shall submit to the Planning Administration ([email protected]) and the Secretary-Treasurer one (1) copy of the preliminary reference plan of survey of the parcel to be severed, for review and endorsement, and the subsequent registered reference plan of survey; or, alternatively, the applicant’s solicitor or an Ontario Land Surveyor shall provide a legal description that can be tendered for registration and meets the intent of the consent as applied for.
  2. That the Minor Variance (D20-2024-114) be in force and effect.
  3. The owner shall submit to the Planning Administration ([email protected]) and the Secretary-Treasurer written confirmation from the Chief Building Official or his/her designate, that the existing garage and foundation have been removed from the property or demolished and that the Chief Building Official or his/her designate shall confirm, in writing to the Planning Division, when such removal and/or demolition has been satisfactorily completed.
  4. The owner shall apply for and pay the prescribed fee to obtain an Entrance Review Approval Letter for all existing and proposed entrances and submit it to the Secretary-Treasurer as written confirmation from the City’s Manager of Roads Operations (or his/her designate) to confirm that the existing entrance complies with By-Law 2017-151 and that an entrance permit would be available for the lot to be severed.
  5. Payment of cash-in-lieu of the dedication of parkland, equal to 5% of the appraised value of the land to be severed, as determined by an experienced and qualified land appraiser (CRA or AACI) as of the day before the day the provisional consent was given. The appraisal report shall accompany the cash-in-lieu payment. The City is not required to accept the appraisal report and reserves the right to peer‑review the appraisal report and negotiate the cash-in-lieu payment. Payment shall be made by certified cheque, money order, or from a lawyers trust account.
  6. The owner shall submit to the Secretary-Treasurer written confirmation of payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped.
  7. The owner shall submit payment to the City of Kawartha Lakes the stamping fees prevailing at the time the Transfer/deed is stamped for the review and clearance of these conditions. The current fee is $500.00 per lot or parcel. Payment shall be by certified cheque, money order, or from a lawyer’s trust account.
  8. The owner’s solicitor shall provide a transfer/deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel(s) of land described in the decision.
  9. The owner’s solicitor shall provide a written undertaking to the Secretary-Treasurer confirming, pursuant to Subsection 53(43) of the Planning Act, that the deed in respect of this transaction shall be registered in the proper land registry office within six months from the date that the Secretary-Treasurer’s certificate is stamped on the deed, failing which the consent shall lapse.
  10. The owner’s solicitor shall also undertake to provide a copy of the registered Transfer to the Secretary-Treasurer as conclusive evidence of the fulfillment of the above-noted undertaking.
  11. All of these conditions shall be fulfilled within a period of two (2) years after the giving of the Notice of Decision, failing which, pursuant to Subsection 53(41) of the Planning Act, this consent shall be deemed to be refused.

  These approvals pertain to the application as described in report COA2025-011. Fulfillment of all conditions is required for the consent to be fulfilled.                                                                                                                                                                    
  

  Carried

4.1.11

COA2025-012

Katherine Evans, Acting Development Supervisor
File Number: D20-2024-115
Location: 24 Courtland Road
Part Lot 3 and Part Road Allowance, Concession 11 (being Part 1 on Reference Plan 45R8897)
Geographic Township of Laxton
Owners: John and Gail McCormack
Applicant: Keji Planners and Builders c/o Joe McCool

Ms. Evans summarized Report COA2025-012. The purpose and effect is to recognize an existing Additional Residential Unit (ARU) for the purpose of obtaining a building permit. Relief sought: Section 18.1 b) of the Zoning By-law permits accessory structures in the interior side or rear yard; the existing ARU is located in the front yard.

The applicant, Mr. McCool was present in person and available for questions.

There were no questions from the Committee or other persons.

• CA2025-033
  Moved By S. Strangway
  Seconded By S. Richardson

  That minor variance application D20-2024-115 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.
  
  Conditions

  1. That this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2025-012, which shall be attached to and form part of the Committee’s Decision;
     
     
  2. That building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection.

  This approval pertains to the application as described in report COA2025-012. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

4.2

Consents

5.

Other Business

Committee made comment to the number of reports presented in a short time and commended the planners.

The Committee commented on the audio difficulties.

A member of the public addressed the Committee in person regarding her disappointment of missing the presentation for 88 Pottinger Street due to being called away for personal reasons. The Chair encouraged her to contact the Planning Division if she had questions regarding the decision.

6.

Correspondence

7.

Next Meeting

The next meeting will be Thursday, February 27th at 1:00pm in Council Chambers, City Hall.

The next meeting will be Thursday, ___ at 1:00 p.m. in Council Chambers, City Hall.

8.

Adjournment

• CA2025-035
  Moved By E. Finn
  Seconded By S. Strangway

  That the meeting be adjourned at 2:47pm.

  Carried