The Corporation of the City of Kawartha Lakes

Minutes

Committee of Adjustment Meeting

COA2021-007
-
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Councillor Emmett Yeo
  • Betty Archer
  • David Marsh
  • 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.

Chair Robertson called the meeting to order at 1:02pm.

Chair Robertson and C. Crockford, Recording Secretary were in person in the Council Chambers.

Councillor E. Yeo and Members D. Marsh, S. Richardson, B. Archer and S. Strangway were in attendance via electronic participation.

Staff, K. Stainton, Planner II, D. Harding, Planner II, M. LaHay, Acting Secretary-Treasurer, L. Barrie, Acting Manager of Planning, S. Murchison, Chief Building Official, J. Rojas, Director of Engineering and Corporate Assets and E. Turner, Heritage Economic Development Officer were in attendance via electronic participation.

July 15, 2021
Committee of Adjustment Agenda

  • CA2021-062
    Moved ByD. Marsh
    Seconded ByS. Strangway

    That the agenda for July 15, 2021 meeting be approved.

    Carried

There were no declarations of pecuniary interest disclosed.

June 17, 2021
Committee of Adjustment Minutes

  • CA2021-063
    Moved ByB. Archer
    Seconded ByS. Strangway

    That the minutes of the previous meeting held June 17, 2021 be adopted as printed.

    Carried

David Harding, Planner II, RPP, MCIP
File number: D20-2021-024
Location: 1193 Salem Road
South Part Lot 20, Concession 6
Geographic Township of Mariposa
Owner: Thomas Davis
Applicant: Thomas Davis

Mr. Harding summarized Report COA2021-045, to request relief from yard location, maximum lot coverage, and the setback from an Environmental Protection Zone in order to permit the construction of a detached garage.

Mr. Harding noted an error on page 2 above the section "Background”. The report number should read COA2021-045 and not COA2021-034.

This application was previously before the Committee at the May 20th Committee of Adjustment meeting and was deferred to allow the City to consult with the Municipal Heritage Committee on concerns brought forward by the abutting land owner. They have reviewed the proposal and a copy of their comments are in the appendix attached to the report.

Staff noted that there is a building enforcement issue going on with this parcel. The parking pad and garage have exchanged positions. The garage was required to be moved away from the west lot line due to structural collapse issues. The analysis is based on where that garage was before the building order was issued.

The application meets the four tests of the minor variance. Staff respectfully recommended the application be approved subject to the conditions identified in the report.

The Committee questioned comments received from Kawartha Municipal Heritage Committee regarding the third point - suggesting the construction of a new garage be contingent on a smaller footprint more in keeping with the width of the lot and with a roof of a style which has less of a visual impact on views from the road. Staff replied that a larger garage is proposed to provide storage for other items including a motor home that are currently stored outside.

The Committee asked if the garage is larger than the dwelling. Staff replied that the garage would be larger than the dwelling.

The Committee asked whether locating the garage into the rear yard had been considered. Staff replied that aside from the functional aspects that allows the parking to be contained within the front yard, the sewage system is in the back yard which may cause significant locational challenges when planning the garage footprint of any size. Placement of the garage within the rear yard would also bring it closer to Mariposa Brook.

The Committee asked whether there was any Environmental Protection (EP) Zone on the subject property. Staff clarified that the EP Zone was on the abutting lands, not the subject property.

Committee noted that proposed Condition 3 was partially missing in the report. Staff replied it was a formatting issue and read the full contents of Condition 3 to the Committee. The Committee also suggested adding a condition "That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line". Staff was agreeable to adding the condition if Committee saw merit in adding it.

The Committee asked if a permit was issued to install the driveway entrance culvert. Staff replied that the size of the entrance culvert was examined through the pre-screening process, and it was determined that the owner had received a permit from the Roads Department to widen their driveway entrance to the current width.

The Committee also asked about the dumping and fill concerns raised within Ms. Twomey’s letter. Staff replied that any fill placement issues would need to be addressed by the KRCA.

The Committee asked staff what the outcome would be if it were not to approve the application. Staff deferred to Ms. Murchison, Chief Building Official. Ms. Murchison spoke to the background of this application and that initially a permit was requested for a foundation repair. Through processing the file with the owner, it was discovered that they intended to include an addition. The Building and Septic Division is now dealing with the unsafe condition of the building and required it be moved away from the lot line in case it did collapse to ensure it didn't land on the neighbouring property. The owner now intends to build an entirely new structure. From their office’s perspective, any new garage, regardless of size, will be classed as new construction.

The applicant, Mr. Davis, was present and spoke to the Committee. He explained that he moved the garage to build a new foundation which he applied for. He applied for a permit for widening the driveway, which was accepted. He also inquired with the City to build a new garage. He stated that the garage was always there. The intent was to keep the garage in the original place but it grew in size to accommodate the motor home he owns. He outlined that no one took issue with the proposal until recently.

In opposition to the application, Ms. Twomey of 1201 Salem Road spoke to the Committee reiterating her comments which is found on Appendix F attached to the report. She further stated that a front yard garage location was more industrial. She finished by saying that she would have no objection to the garage going back to the original footprint and location. She referred to the Provincial Policy Statement’s protection of viewscapes.

The Committee asked for staff to comment on Ms. Twomey’s statement.

Staff noted the substantial vegetative buffering around the subject property, the historic use of the front yard as a storage space, and that placing the garage in the backyard would bring it closer to Mariposa Brook and the dwelling at 1201 Salem Road. Staff also clarified that the concerns with respect to the EP Zone were addressed in Test 3 of the report. The KRCA had also reviewed the proposal and had no concerns from an environmental perspective. A permit for the proposed works has been issued by their office. Staff also made reference to the heritage provisions within the Official Plan, and the analysis in the report. The protected attributes of Ms. Twomey’s parcel relate to the architectural attributes of the building both on exterior and interior. Staff does not believe the designating by-law for this property includes viewscape protection, but deferred to the Heritage Officer for comment.

Ms. Turner, Heritage Officer was present and spoke to the Committee and elaborated on what Mr. Harding had conveyed. The PPS and Official Plan does allow for views to be listed as a heritage attribute. The designating by-law for 1201 Salem Road was updated in 2018. The by-law did not list views as a protected attribute for the property. Today, the City would generally include views as an attribute of most heritage properties. This is an accepted practice in terms of by-law writing presently. The Municipal Heritage Committee comments did recognize that the view is not a protected attribute.

The applicant, Mr. Davis spoke further to the placement of the garage. He stated that the garage is moving further back from the road.

The Chair spoke to Ms. Twomey and asked if she had any further comments.

Ms. Twomey of 1201 Salem Road stated that she was not concerned with the location of the garage, but its height. The scale of the current garage blocks the view of her house for vehicles travelling east along Salem Road. She stated that she will approach the Municipal Heritage Committee and pursue adding the views to her property as a protected heritage attribute of the designating by-law for per property. Ms. Twomey urged the Committee to make a decision on the variance application like the by-law for her property had listed views as a protected heritage attribute.

The applicant, Mr. Davis concluded by saying the height of the building is not a problem as there is nothing to see because of all the trees around his lot.

A motion was made to approve the application with the amendment to add the portion of Condition 3 that was partially missing from the staff report and to add a new Condition 4: 

  1. That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line.

The previous Condition 4 now becomes Condition 5.

No further questions from the Committee or other persons.

  • CA2021-064
    Moved ByD. Marsh
    Seconded ByB. Archer

    That minor variance application D20-2021-024 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1. That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix ‘C’ and elevation in Appendix ‘D’ submitted as part of Report COA2021-045, which shall be attached to and form part of the Committee’s Decision;
    2. That the lower portion of the south wall of the detached garage shall contain a stone or stone-like veneer/cladding covering the length of said wall in accordance with the sketch in Appendix ‘D’ to Report COA2021-045;
    3. That within a period of twenty-four (24) months after the date of the Notice of Decision the owner shall provide photographic evidence to the Secretary-Treasurer that the temporary storage shelter within the front yard has been removed; and
    4. That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line.
    5. That the building construction related to the minor variances 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 COA2021-045. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

    Carried

David Harding, Planner II, RPP, MCIP
File Number: D03-2020-006
Location: 114 Queen Street
Part Lot 35, Lot 36, NS Queen Street, Plan 15P
Former Town of Lindsay
Owners: Jeffery and Michael Farquhar
Applicant: Jeffery Farquhar

Mr. Harding summarized the background for this application which was previously before the Committee at the February 18th meeting, and further deferred at its April 15th meeting. Staff had concerns with the original lot configuration and had identified that variances would be required. There was also disagreement over how much land would be dedicated to the municipality as part of a potential road widening. The Committee had previously deferred the application to provide the applicant time to confer with staff to reach consensus on a revised proposal and to submit a variance application for the needed reliefs. All outstanding issues except the municipal land dedication topic had been resolved.

The owner submitted a sketch which is found in Appendix C of the staff report which shows their preferred area of municipal land dedication. It is the Planning Division’s understanding that the City's preferred area of municipal land dedication can be found on Appendix D which shows a larger triangle, and larger widening along the portion of Queen Street with a 0.6 metre buffer around the dwelling.

The original application proposed a lot with a semi-detached dwelling that would then be subdivided once the semi-detached dwelling was built. The current amended application proposes the severed lands to be around 394 square metres, and contain a single detached dwelling. The retained lands will be 427 square metres or 376 square metres depending on the degree of municipal land dedication.

Mr. Harding continued to summarize the staff report and noted there were additional comments provided from Mr. Farquhar dated July 9, which the Committee received in its amended agenda package.

The Chair asked Mr. Rojas, Director of Engineering and Corporate Assets, if he could speak to Condition 2 and if he was content that it meets Engineering's requirements. Mr. Rojas apologized for not having the report in front of him but confirmed if Condition 2 refers to the sketch identified as Appendix C then yes.

The Committee asked staff what Part 2 on Appendix C referred to. Staff pointed to Part 2 on Appendix D and stated there had been a lot line adjustment to correct the encroachment of the building onto the abutting parcel.

The Committee asked Mr. Rojas if there are plans to widen either Queen Street or St. David Street in the future. Mr. Rojas said that this intersection was identified in the Master Transportation Plan 2011. The intersection is tied to the extension of Colborne Street, which will occur in the years 2025-2030. At that time the intersection improvements are required on St. David Street.

Mr. Harding asked Mr. Rojas to clarify whether Engineering was stating that it was now supportive of the municipal land dedication shown in Appendix C rather than Appendix D. Mr. Rojas acknowledged Appendix C is the configuration his office supports.

One of the owners, Mr. Farquhar was present and thanked Staff, the Committee and Mr. Rojas for approving Appendix C.

The applicant, Mr. Clark of Clark Consulting Services Inc. was present and thanked Staff and the Committee.

Mr. Rojas left the meeting.

Mr. McCauley, resident of 27 St. David Street, was present. Due to technical difficulties he lost connection. The Committee paused proceedings to wait to see if Mr. McCauley could re-connect. Mr. McCauley was unable to rejoin to speak to the Committee.

Councillor Yeo motioned to approve the application as printed.

The Committee asked for clarification on Appendix G and how it will now read. Staff responded by saying the changes relate primarily to rewording Conditions 1 and 2 to reflect the change from Appendix D to Appendix C.

Member Richardson withdrew her second motion and stated that the process is not fair in light of Mr. Farquhar's letter. It was noted that other severances on Queen Street did not require road widening. Also, proposing to widen Queen Street and St. David Street in effect will destroy 4 to 5 businesses and that she is opposed to that happening.

The Chair agreed with Member Marsh that whenever possible to get the applicant, staff and Engineering on side as a result of several discussions means we are going in the right direction.

Mr. McCauley reconnected, however the motion was already made and the application granted. The Chair suggested that Mr. McCauley speak to Mr. Harding. The Chair apologized and stated to Mr. McCauley that due to Mr. McCauley’s technical difficulties, the Committee did wait for Mr. McCauley to reconnect, however it didn't happen and the meeting had to continue.

  • CA2021-065
    Moved ByCouncillor Yeo
    Seconded ByD. Marsh
    Carried

David Harding, Planner II, RPP, MCIP
File Number: D20-2021-041
Location: 114 Queen Street
Part Lot 35, Lot 36, Plan 15P, Parts 2 and 3, 57R-8945
Former Town of Lindsay
Owners: Jeffery and Michael Farquhar
Applicant: Robert Clark - Clark Consultants

The Chair suggested to Mr. Watts the Deputy Clerk that we get in contact with Mr. McCauley so that Mr. McCauley may participate in the variance application. In the mean time the Recording Secretary contacted Planning Staff to contact Mr. McCauley and request he join the meeting for the minor variance application being heard next.

Mr. Harding summarized Report COA2021-047 to request relief in order to facilitate the creation of a residential lot proposed in application D03-2020-006 and adjust the development standards upon said lot.

Staff respectfully recommended the approval of the application subject to the conditions identified within the report.

The Committee enquired whether staff would make any changes to their recommendation since it approved Appendix C. Staff replied that the are of the proposed severed lot at 394 square metres remains the same, but the proposed retained will be larger than the requested size of 376 square metres. Staff stated they would not make any amendments to the proposed recommendation in order to maintain tolerance as the sketch before the Committee was not prepared by a surveyor. Proceeding with the 376 square metre relief will ensure the resultant area of the proposed retained is captured.

The applicant, Mr. Farquhar made reference to Mr. McCauley's letter which was submitted to the Committee for review. Mr. Farquhar stated that Mr. McCauley’s letter outlined that he preferred a single detached dwelling to two semi-detached dwellings. Mr. Farquhar stated that he amended his application to accommodate this.

The Chair announced that staff are trying to get in contact with Mr. McCauley.

The Committee asked for clarification on comments received from the Building Division regarding an outstanding permit from 2019. Ms. Murchison, Chief Building Official confirmed there was an outstanding permit for the final inspection of a front porch built a couple of years ago.

Mr. Farquhar stated there was a permit for a front porch and he assumed it was closed but would look into it.

Applicant, Mr. Clark, of Clark Consulting Services Inc. had no further questions.

Mr. McCauley could not be reached, however his concerns were addressed by the applicant and his written concerns were reviewed by staff prior to the staff reports for the consent and variances were written.

No further questions from the Committee or other persons.

  • CA2021-066
    Moved ByCouncillor Yeo
    Seconded ByS. Strangway

    That minor variance application D20-2021-041 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1. That the application shall be deemed to be refused if the related consent application D03-2020-006 lapses;

    2. That the variances pertaining to the severed lands shall only apply to said lands once the parcel is divided;

    3. That the variance pertaining to the retained lands shall only apply to said lands once the parcel is divided;

    4. That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix ‘C’ submitted as part of Report COA2021-047, which shall be attached to and form part of the Committee’s Decision; and

    5. That the building construction related to the minor variances 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 COA2021-047. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

    Carried

Kent Stainton, Planner II
File Number: D20-2021-028
Location: 10 Lakeview Park Road
Lots 15 and 16, Plan 169, Part Lot 11, Concession 9
Geographic Township of Fenelon
Owner: Kenneth Handley
Applicant: Tom deBoer - TD Consulting Inc.

Mr. Stainton summarized Report COA2021-048, to request relief to permit the construction of a 2.5 storey single-detached dwelling with an attached deck.

Mr. Stainton also noted comments received from Engineering and Corporate Assets, Plans Examiner and Supervisor of Part 8 Sewage System of the Building and Septic Division had no concerns with the proposal. KRCA provided comments indicating a permit is required for the proposal and they have no concerns from a watershed, natural heritage and hazards perspective.

Based on the contents of the report staff acknowledge that the application meets all four tests of a minor variance.

The Committee asked staff if a condition be added stating the applicant requires a permit from the KRCA for proposed works.

Staff replied that a permit is required as part of the Building Permit process and has been issued from KRCA for the proposed works.

Applicant, Tom deBoer of TD Consulting Inc. was present and spoke to the Committee and thanked Staff.

No further questions from the committee or other persons.

  • CA2021-067
    Moved ByD. Marsh
    Seconded ByS. Richardson

    That minor variance application D20-2021-028 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1. That the building construction related to this approval shall proceed substantially in accordance with the sketches in Appendices C-D submitted as part of Report COA2021-048, which shall be attached to and form part of the Committee’s Decision;

    2. That owner shall apply for a deeming by-law for Lots 15,16, 31 & 32 of Plan 169, and the by-law be in effect;

    3. That the owner shall apply for a merger agreement, pursuant to Section 51(26) of the Planning Act, with the City of Kawartha Lakes to the effect that the resultant parcels addressed as 10 Lakeview Park Drive, identified as PINs 63161-0301 (LT) & 63161-0314 (LT) will henceforth be dealt with as one lot. The agreement shall be registered against both parcels;

    4. That within twenty-four (24) months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the building identified on Appendix C to Report COA2021-048 as ‘Frame Garage’ has been removed, and;

    5. That the 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 COA2021-048. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

    Carried

Kent Stainton, Planner II
File Number: D20-2021-037
Location: 73 Log House Road
Part Lot 1, Concession 4, Part 1, 57R-4727
Geographic Township of Verulam
Owners: Mark and Diane Riemenschneider
Applicants: Mark and Diane Riemenschneider

Mr. Stainton summarized Report COA2021-049, to request relief in order to construct a detached garage in the front yard and acknowledge the location of an existing garden shed.

Comments received from Engineering and Corporate Assets, Plans Examiner and Supervisor of Part 8 Sewage System of Building and Septic Division noted no concerns.

Public comments received July 8, 2021 from Chris and Michelle Woodhead of 46 Log House Road in support of the application after the writing of the report.

Staff acknowledges that the application meets the four tests of the minor variance. Staff respectfully recommends that the application be approved subject to the conditions identified in the report.

Applicant, Mr. Riemenschneider was present and thanked staff for the accuracy of the report.

There were no questions from the Committee or other persons.

  • CA2021-068
    Moved ByB. Archer
    Seconded ByD. Marsh

    That minor variance application D20-2021-037 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1. That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C and generally in accordance with the elevations in Appendix D submitted as part of Report COA2021-049, which shall be attached to and form part of the Committee’s Decision;

    2. That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line;

    3. That within twenty-four (24) months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the building identified on Appendix C to Report COA2021-049 as ‘Garden Shed’ has been clad with siding similar to the detached garage shown in Appendix D, which shall be attached to and form part of the Committee’s Decision, failing which the variance pertaining to the garden shed shall be deemed to be refused, and;

    4. That the building construction related to the minor variance for the detached garage shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which the variance pertaining to the detached garage 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 COA2021-049. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

    Carried

David Harding, Planner II, RPP, MCIP
File Number: D20-2021-040
Location: 91 Fleetwood Road
Part Lot 2, Concession 12, Part 1, 57R-10784
Geographic Township of Manvers
Owner: Matthew Hartman
Applicant: Matthew Hartman

Mr. Harding summarized Report COA2021-050, to request relief in order to construct a pole shed.

The Committee asked for clarification as to the difference between a pole shed and a garage. Staff deferred to the Chief Building Official. Ms. Murchison stated that a pole shed uses a system of poles and beams to support the building rather than a foundation. If built in a residential setting an engineer is required. Posts are 8-10 feet apart. Siding/cladding on the outside like you would see on a barn is used.

The Committee requested a review of slide 64 of the presentation, which appeared to show a building under the hydro pole. Staff confirmed it was a flat trailer with a folding ramp.

The applicant was not present.

No further questions from the Committee or other persons.

  • CA2021-069
    Moved ByS. Strangway
    Seconded ByS. Richardson

    That minor variance application D20-2021-040 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1. That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix ‘C’ and elevations in Appendix ‘D’ submitted as part of Report COA2021-050, which shall be attached to and form part of the Committee’s Decision; and
    2. That the building construction related to the minor variances 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 COA2021-050. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

    Carried

David Harding, Planner II, RPP, MCIP
File Number: D03-10-060
Location: 102 Angeline Street South
Part of Park Lot S, Plan 8P
Former Town of Lindsay
Owners: Dale, David, Timothy and Gregory Piggott
Applicant: Dale Piggott

The original application was submitted in 2010 for consideration but it was deferred for various reasons.

The prominent 3 reasons for the deferral related to:

  1. The road. The lot was proposed to front on to Green Arbour Way, however it was not assumed by the City as it was a new plan of subdivision.
  2. The strip of land which separates the proposed lot from Green Arbour Way, identified as Block 20 or Severed B on Appendix C, belonged to the City and the owners had to investigate whether they could buy the required part of Block 20.
  3. Calculate the proposed lot’s fair share of the Green Arbour Way Subdivision costs to be paid back to the developer. This was stated in the subdivision agreement.

Staff replied with respect to the three points:

  1. The road is now assumed.
  2. In 2010 Council agreed and passed a resolution that part of Block 20 would be conveyed to the abutting lot as part of the severance application.
  3. A tentative cost sharing agreement has been reached between owner and developers. The sum is referenced in Appendices F and H.

Mr. Harding continued to summarize Report COA2021-051. He noted that a letter from Mr. Tim Piggott was received after the writing of the report and included in the amended agenda package. He also noted that a second letter received from Ms. McCrae of 25 Green Arbour Way was inadvertently excluded from the staff report appendices. The letter was reviewed and addressed in the report and a copy of the letter was provided in the Committee’s amended agenda package.

Staff acknowledged that the application met the applicable consent creation criteria. Staff respectfully recommended that the application be approved subject to the conditions identified in the report.

The Committee asked Mr. Harding if the City had the ability, as a condition of provisional consent, to request the style of home on the proposed severed lot match the style of the other homes on Green Arbour Way. Staff replied there is no mechanism to compel architectural control when a single detached dwelling is proposed to be constructed in compliance with the zoning by-law on a lot that complies with the zoning by-law.

The Committee stated that the developer has taken great care to maintain the appearance of Green Arbour Way. The members clarified by asking Staff if the Committee was correct in understanding that the City would have no control if someone came in and built a completely different style and colour dwelling on the proposed lot than what is present along Green Arbour Way. Staff responded by saying that is correct.

Mr. Tim Piggott, applicant, thanked the Committee and Staff and noted that he had speaking notes which were provided to the Committee in its amended agenda package. However, Mr. Harding has artfully covered all the topics he had intended to speak about and had no further comments.

Mr. Don Wilson, one of the owners of 11 Green Arbour Way, stated he is opposed to the application. He further stated that he was representing the subdivision as a whole and was involved with the sales of the Green Way Arbour Subdivision. Mr. Don Wilson stated the subdivision purchasers were subject to restrictive covenants to maintain the style of the neighbourhood. He stated that as the developer he took measures to protect the community from more development by creating Block 20. However, the City required Block 20 be conveyed to it as part of the subdivision agreement. He stated that the City should not have the option to give Block 20 away. If the City does have the option to give Block 20 away the City should first offer it to the abutting land owners: Don and Jean Wilson of 11 Green Arbour Way or Ms. McCrae of 25 Green Arbour Way. He noted concern with lot grading and access to the proposed lot, impacts to property values, and concern over what would happen to the remnant of Block 20.

Mr. Harding reiterated when creating a lot that there is no architectural control, just whether the lot complies with the applicable provincial and municipal criteria. He reiterated in 2010 Council already decided that part of Block 20 would go to the owners of 102 Angeline Street South. The remainder of the block will continue to be owned by the municipality. If someone requests the dedication of the remnant part Realty Services and or Council can review merits of that request. Grading and drainage is taken care of through the building permit process. The Planning Act does not allow for impacts to property values to be considered.

Discussions ensued.

In opposition of the application, Ms. McCrae of 25 Green Arbour Way posed the following questions:

  • Would she be notified if the remainder of Block 20 were proposed to be sold?
  • Can she requested notification when entrance permit is being reviewed for issuance?
  • Could 104 Angeline Street South request to do the same thing?

Mr. Harding replied that notification of a potential change in ownership for the remainder of Block 20 is not a Planning Division process. It is a Realty Services process. He directed her to contact their office to discuss their notification requirements.

Mr. Mark Wilson of Wilson Developments (Lindsay) Inc., developer of Green Arbour Way Subdivision, requested to review slides 70 and 71. He noted the photographs in the slides show a 1.5 metre grade difference between the subject property and road surface, which increases the further south the land goes. He disagreed with Staff’s statement that Council decided in 2010 to transfer the lands to the owners of 102 Angeline Street South. He attended that Council meeting and did not believe Council went as far as to sell the land to a particular party in its discussions. He believed the decision was that a portion of Block 20 be declared surplus. He recalled seeing the meeting advertisement to discuss the future of part of Block 20 in the newspaper.

Ms. Murchison, Chief Building Official, stated that the Building and Septic Division receives the entrance permit application, collects fees, does zoning verification and then passes everything to Public Works to carry out the entrance process. It is her understanding that there is no requirement to circulate the application to the public because it is a municipal by-law for an internal review process. Public Works will visit site and inspect regarding the development standards to make sure it is a safe entrance location before the entrance is approved. If the installed entrance is not believed to be safe, she would have to contact Public Works to ask how that would be reviewed and enforced.

Staff followed up by noting that there is a condition in the staff report, Condition 6 in Appendix H, which speaks to having a review done by Public Works to ensure a suitable entrance can be created.

Ms. McCrae asked staff if they can direct her to the information regarding the run off from the lot. Ms. Murchison replied that the lot drainage and grading process as part of the building permit requires the applicant provide a plan prepared by a surveyor confirming the water will not negatively impact neighbouring properties.

Committee asked Mr. Don Wilson whether he, as the owner of the Green Arbour Way Subdivision at the time, had anticipated new lots being created off of Green Arbour Way when the subdivision was being registered.

Mr. Don Wilson responded by stating that he did not think that far ahead. He reiterated that Block 20 was created to protect the community. He did not know severance was possible or that the City would not allow Block 20 to remain in private ownership. He stated that he would like the power over Block 20 to be given back to the developer and abutting landowners.

Discussions ensued as to the entrance permit review, the intent of Block 20, how surplus property requests were advertised in 2010 and Council’s actions in 2010 to convey part of Block 20 to the owners of 102 Angeline Street South. It was determined through this discussion and a letter Staff provided from the Clerks Office dated September 23, 2010 that in 2010 Council made a resolution and passed a by-law to convey part of Block 20 to the owners of 102 Angeline Street South.

The Committee followed up stating it has an application before it for a severance. The property qualifies for severance in accordance with the staff recommendation. From the Committee’s perspective it qualifies and conforms. The Committee questioned if it was possible to defer the application to have further discussions about the style of house proposed to be built.

Staff responded by stating that the concerns of the neighbourhood are understood, but the chief concern ultimately is an architectural one and the City cannot compel a design consistent with Green Arbour Way’s built form.

The Committee sought clarification as to the advertising procedure for surplus land. Staff could not answer as it is not a Planning Division role. Staff stated that this comes under Realty Services and what they are municipally bound by law to do regarding advertising.

Councillor Yeo left the meeting.

Member Marsh put a resolution on the floor as printed and seconded by Chair Robertson.

The Committee stated it cannot be drawn into politics however much it may not agree with. We are here to view a consent which meets all tests. There is nothing within the report that would result in a denial. 

  • CA2021-070
    Moved ByD. Marsh
    Seconded ByL. Robertson
    1. This approval applies to the transaction applied for.
    2. A road widening of 3.0 metres be conveyed to the City of Kawartha Lakes across the entire frontage of the lot to be retained, free and clear of all encumbrances. The legal description shall include the words “RESERVING UNTO the Transferor(s) a right-of-way for ingress and egress until such time as the land is dedicated as public highway.”
    3. The Owner shall pay to Wilson Developments (Lindsay) Inc. the sum of $32,699, representing the proportionate share of the infrastructure costs for the subdivision as per Condition 36 of the Green Arbour Way Subdivision Agreement, registered as Instrument KL 29852.
    4. That prior to obtaining title to part of Block 20, the Owner shall submit written confirmation to the Secretary-Treasurer and Realty Services from Wilson Developments (Lindsay) Inc. that it has been paid the sum specified in Condition 3.
    5. Payment to the City of Kawartha Lakes of a tree levy of $500.00 for the residential lot.
    6. The Owner submit to the Secretary-Treasurer written confirmation from the Roads Operations Division that an entrance permit would be available for the lot to be severed.
    7. Submit to the Secretary-Treasurer a copy of the Abandoned Well Certificate from a licensed well contractor, or other appropriately qualified person, which confirms that the existing well on the retained lot has been abandoned in accordance with Ontario Regulation 903.
    8. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the lot to be severed, inclusive of the consolidated part of Block 20, for review and endorsement and the subsequent registered reference plan of survey.
    9. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped.
    10. Payment to the City of Kawartha Lakes of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $458.00. Payment shall be by certified cheque, money order, or from a lawyers trust account.
    11. Payment of the 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.
    12. Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision.
    13. The Owner shall pay all costs associated with the registration of the required documents.
    14. 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.
    15. 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.
    16. All of these conditions shall be fulfilled within a period of one year 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.
    Carried

The next meeting will be Thursday, August 19th at 1:00pm in Council Chambers, City Hall.

  • CA2021-071
    Moved ByS. Strangway
    Seconded ByB. Archer

    That the meeting be adjourned at 4.13pm

    Carried