The Corporation of the City of Kawartha Lakes

Minutes

Committee of Adjustment Meeting

COA2023-009

Thursday, September 28, 2023

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
• Sandra Richardson
• Lloyd Robertson
• Alexandra Scarr
• 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 1:00pm. Councillor E. Yeo and
Members S. Richardson, S. Strangway, B. Archer and G. Erickson were in
attendance in person.

Member, A. Scarr was in attendance via electronic participation.

Staff, M. Hunt, Supervisor of Development Planning, K. Evans, Planner II, M.
LaHay, Secretary-Treasurer and C. Crockford, Recording Secretary were in
attendance in person.

Staff, M. McKinnon, Plans Examiner was present via electronic participation.

2.

Administrative Business

2.1

Adoption of Agenda

2.1.1

COA2023-009

September 28, 2023
Committee of Adjustment Agenda

• CA2023-104
  Moved By B. Archer
  Seconded By S. Richardson

  That the agenda for September 28, 2023 be approved.

  Carried

2.2

Declaration of Pecuniary Interest

There were no declarations of pecuniary interest disclosed.

2.3

Adoption of Minutes

2.3.1

COA2023-008

August 24, 2023
Committee of Adjustment Minutes

• CA2023-105
  Moved By S. Strangway
  Seconded By G. Erickson

  That the minutes of the previous meeting held August  24, 2023 be adopted as printed.

  Carried

3.

New Applications

3.1

Minor Variances

3.1.1

COA2023-075

Katherine Evans, Planner II
File Number: D20-2023-067
Location: 34 Victoria Avenue North
Part Lot 13, North of Wellington Street (being Part 1 on Reference Plan 57R5555)
Geographic Town of Lindsay
Owner: Carol Pearson
Applicant: Mike Pearson

Ms. Evans summarized Report COA2023-075. The purpose and effect is to facilitate the extension of the existing front porch. Relief sought: Section 7.2 c) of the By-law requires a minimum front yard setback of 7.5 metres; the existing non-complying setback of 2.76 metres is to be maintained; and Section 7.2 e) of the By-law requires a minimum interior side yard setback of 1.25 metres; the proposed setback from the southern lot line is 0.81 metres and will be consistent with the existing non-complying setback of the dwelling.

There were no questions from the Committee or other persons.

• CA2023-106
  Moved By Councillor Yeo
  Seconded By G. Erickson

  That minor variance application D20-2023-067 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 COA2023-075, 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 COA2023-075. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.1.2

COA2023-076

Katherine Evans, Planner II
File Number: D20-2023-068
Location: 58 Cedar Avenue
Part Lot A, Concession 3 (being Part Lot 9 on Plan 185)
Geographic Township of Bexley
Owner: Peter Fullerton
Applicant: James Fullerton

Ms. Evans summarized Report COA2023-076. The purpose and effect is to facilitate the construction of an Additional Residential Unit (ARU). Relief sought: Section 3.1.2.1 of the By-law permits accessory structures in the interior side or rear yard; the ARU is proposed to be located in the front yard; and Section 3.22.1 vi) of the By-law requires a minimum lot area of 4,000 square metres to permit an ARU on a lot with private services; the existing lot area is 2,751.86 square metres.

Comments were received after the writing of the report from Kawartha Conservation. Although they have no concerns with the proposed minor variance a permit maybe required. A fourth condition has been added.

Committee referenced outstanding permits and asked if a condition could be added to close them. Staff responded that the outstanding permits are not related to the minor variance. Mr. McKinnon, Plans Examiner stated that the outstanding permits will be addressed when the building inspector visits the property for the proposed ARU.

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

• CA2023-107
  Moved By S. Strangway
  Seconded By B. Archer

  That minor variance application D20-2023-068 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 COA2023-076, 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 approval under the Ontario Building Code (OBC) pertaining to private sanitary waste disposal be obtained 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 a review of the sewage system requirements.
     
     
  4. That, prior to the issuance of a Building Permit, the owner obtain elevation information to the satisfaction of Kawartha Region Conservation Authority staff, and subsequently obtain a permit from Kawartha Region Conservation Authority if required. This shall be accomplished by fulfilling one of the following:

           a) The owner obtains the services of a surveyor to confirm the elevations on the property with respect to the    regulatory flood elevation; or,

           b) The owner has Kawartha Region Conservation Authority staff attend the  property to complete a site visit to confirm the elevations on the property with respect to the regulatory flood elevation.

  This condition will be considered fulfilled upon the provision of a copy of Kawartha Region Conservation Authority’s approval to the Secretary Treasurer.
  
  

  This approval pertains to the application as described in report COA2023-076. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.1.3

COA2023-077

Katherine Evans, Planner II
File Number: D20-2023-069
Location: 1449 Killarney Bay Road
Part Lot 26, Concession 4 (being Lot 15 on Plan 176)
Geographic Township of Fenelon
Owners: Don and Sue Sider
Applicant: TD Consulting Inc. c/o - Vanessa Archer

Ms. Evans summarized Report COA2023-077. The purpose and effect is to facilitate the demolition of portions of the existing dwelling, with reconstruction resulting in a larger dwelling. Relief sought: Section 15.2.1.3 b) of the By-law requires a minimum interior side yard setback of 3 metres on one side and 2.3 metres on the opposite side; the existing setback from the southern property line is 2.3 metres and the proposed setback from the northern property line is 2.7 metres; and Section 15.2.1.3 e) of the By-law requires a minimum water setback of 15 metres; the proposed setbacks are 7.2 metres from the proposed deck and 9.7 metres from the dwelling.

Ms. Evans brought to the Committees attention, page 4, paragraph 5, of the report, where it reads "The existing setback between the northwest corner of the dwelling and the water is approximately 10.4 metres..." should read "....9.97 metres".

Comments were received from KRCA, they have no concerns but a permit is required from their office.
Building and Septic Division had no concerns.

Applicant T. deBoer of TD Consulting Inc. was present in person with the owner, Don Sider. Mr. deBoer spoke to the Committee.

The Committee questioned why this property required a permit from KRCA but the previous application may or may not require a permit. Staff responded.

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

• CA2023-108
  Moved By S. Strangway
  Seconded By A. Scarr

  That minor variance application D20-2023-069 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 COA2023-077, 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 COA2023-077. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.1.4

COA2023-078

Katherine Evans, Planner II
File Number: D20-2023-070
Location: 21 Fox Beach Lane
Part Lots 19 and 20, Concession 4 (being Part Lots 1 and 2 on Reference Plan 57R4830)
Geographic Township of Carden
Owners: Dan and Shona Popela
Applicant: Dan Popela

Ms. Evans summarized Report COA2023-078. The purpose and effect is to facilitate the construction of a detached garage. Relief sought: Section 14.1 b) of the By-law permits accessory structures in the side or rear yard; the proposed garage is to be located in the front yard.

The Committee asked for clarification of wording on Appendix C. Staff responded.

There were no questions from Committee or other persons.

• CA2023-109
  Moved By B. Archer
  Seconded By S. Richardson

  That minor variance application D20-2023-070 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 COA2023-078, 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 COA2023-078. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.1.5

COA2023-079

Katherine Evans, Planner II
File Number: D20-2023-071
Location: 128 Fulsom Crescent
Part Lot 22, Concession 1 (being Lot 41 on Plan 429)
Geographic Township of Carden
Owners: Dave and Lesley Williams
Applicant: Dave Williams

Ms. Evans summarized Report COA2023-079. The purpose and effect is to facilitate the construction of a detached garage. Relief sought: Section 14.1 b) of the By-law permits accessory structures in the side or rear yard; the proposed garage is to be located in the front yard; and Section 14.1 b) of the By-law states that an accessory structure may not be erected closer to a street than the required front yard setback for the zone in which it is located. The subject property is within the Limited Service Residential (LSR) Zone and the minimum front yard setback is 7.5 metres; the proposed setback is 5 metres.

The Committee indicated that the comments received from the Supervisor of Part 8 Sewage Systems requested a smaller garage. Is the smaller garage reflected in Appendix D? Staff responded that the owner has to work with the kit purchased through Home Hardware. Staff also noted that the condition states that building construction related to this approval shall proceed generally in accordance with the construction drawings in appendix D, which means there is flexibility.

The owner, Dave Williams was present via electronic participation and available for questions.

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

• CA2023-110
  Moved By Councillor Yeo
  Seconded By S. Strangway

  That minor variance application D20-2023-071 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 COA2023-079, 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, prior to the issuance of a Building Permit, the Supervisor of Part 8 Sewage Systems provide written confirmation to the Secretary Treasurer that the comments pertaining to clearance distances have been addressed.

   

  This approval pertains to the application as described in report COA2023-079. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

  Carried

3.2

Consents

4.

Deferred Applications

4.1

Minor Variances

4.2

Consents

5.

Other Business

6.

Correspondence

7.

Next Meeting

The next meeting will be Thursday, October 26th at 1:00pm in Council Chambers, City Hall.

8.

Adjournment

• CA2023-111
  Moved By Councillor Yeo
  Seconded By S. Strangway

  That the meeting be adjourned at 1:57pm.

  Carried