The Corporation of the City of Kawartha Lakes
Agenda
Committee of Adjustment Meeting

COA2021-003
-
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Councillor Emmett Yeo
  • Lloyd Robertson
  • David Marsh
  • Betty Archer
  • Sandra Richardson
  • Stephen Strangway
  • Janice Robinson

“Note: This will be an electronic participation meeting and public access to Council Chambers will not be available. Please visit the City of Kawartha Lakes YouTube Channel at https://www.youtube.com/c/CityofKawarthaLakes to review proceedings.”

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March 18, 2021
Committee of Adjustment Agenda

  • That the agenda for March 18, 2021 meeting be approved.

February 18, 2021
Committee of Adjustment Minutes

  • That the minutes of the previous meeting held February 18, 2021 be adopted as printed.

David Harding, Planner II, RPP, MCIP
File Number D03-2020-034
Location: 170 William Street North
Block J, Part Lot 1 and 2, Plan 1
Former Town of Lindsay
Owners: Patricia Jarvie and Roger Beamish
Applicant: Roger Beamish

  • That consent application D03-2020-034, being an application to sever an approximately 316.13 square metre residential lot and retain an approximately 697.44 square metre residential lot with the conditions of provisional consent substantially in the form attached as Appendix G, be GRANTED.

    Conditions of Provisional Consent:

    1. This approval applies to the transaction applied for, subject to any minor alterations to the mutual lot line within the rear yards required as a result of exercising option b of Condition 2 to maintain the minimum lot area requirement of the R3 Zone.

    2. The owner shall submit surveyor confirmation to the satisfaction of the Development Engineering Division the width of the William Street North road allowance. The owner shall carry out or cause to be carried out one of the following:

    a. If the road allowance is at least 26.0 metres wide, the owner shall submit written confirmation from the Development Engineering Division that it is in agreement that the road allowance is at least 26.0 metres wide; or

    b. If the road allowance is not 26.0 metres wide, a road widening of the width specified by the Development Engineering Division be conveyed to the City of Kawartha Lakes across the entire frontage of the lot to be severed, 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 apply for, pay the prescribed fee and obtain a variance for the lot to be severed such that the minimum lot frontage be reduced, and possibly the lot area be reduced depending on the outcome of condition 2, and the variance(s) be in effect.

    4. Payment to the City of Kawartha Lakes of a tree levy of $500.00 for the residential lot.

    5. 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.

    6. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the lot to be severed for review and endorsement and the subsequent registered reference plan of survey.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. The owner shall pay all costs associated with the registration of the required documents.

    12. 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.

    13. 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.

    14. 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.

Mr. Harding, Planner II, RPP MCIP
File Number: D20-2020-044
Location: 170 William Street North
Block J, Part Lot 1, Part Lot 2, Plan 1
Former Township of Lindsay
Owners: Patrica Jarvie and Roger Beamish
Applicant: Roger Beamish

  • That minor variance application D20-2020-044 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    1) That this application shall be deemed to be refused if consent application D03-2020-034 lapses; and

    2) That the building construction of the dwelling related to this approval shall proceed substantially in accordance with the elevation in Appendix D submitted as part of Report COA2021-013, which shall be attached to and form a part of the Committee’s Decision.

    This approval pertains to the application as described in report COA2021-013. Fulfillment of the conditions are required for the Minor Variance to be considered final and binding.

Kent Stainton, Planner II
File Number:D20-2021-007
Location: 21 Propp Road
Lot 50, Plan 9M-725, Part Lot 11, Concession 3
Geographic Township of Manvers
Owner:Maurice and Beverley Gauthier
Applicant: John Kenthol

  • That minor variance application D20-2021-007 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 COA2021-014, which shall be attached to and form part of the Committee’s Decision;

    2)  That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structure identified as ‘Exist. Shed’ on Appendix C has been removed, and;

    3)  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 COA2021-014. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

     

David Harding, Planner II, RPP, MCIP
File Number: D20-2021-008
Location: 11 Manor Road
Part Lots 8 and 9, Plan 152, Part Lot 9, Concession 8
Geographic Township of Fenelon
Owner: Trudy Worsley
Applicant: Trudy Worsley

  • That reliefs 4-7 sought for the shed in minor variance application D20-2021-008 be DENIED, as the reliefs do not meet the four tests set out in Section 45(1) of the Planning Act.

    That reliefs 1-3 sought for the addition to the dwelling in minor variance application D20-2021-008 be GRANTED, as the reliefs do meet the tests set out in Section 45(1) of the Planning Act.

    Conditions:

    1) That the building construction for the addition to the dwelling 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 COA2021-015, which shall be attached to and form part of the Committee’s Decision,

    2) That prior to the issuance of a building permit the owner shall submit photographic evidence satisfactory to the Secretary-Treasurer that the shed identified in Appendix C to Report COA2021-015 has been relocated to the lot across the road, which is also owned by the owner, and sited in compliance with the Zoning By-law; and

    3) 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 COA2021-015. Fulfillment of the conditions are required for the Minor Variances to be considered final and binding.

Kent Stainton, Planner II
File Number: D20-2021-009
Location: 39 Elliot Street
Part Lot 106, Plan 100
Former Village of Fenelon Falls
Owner: Allan and Deborah Wilcox
Applicant: Allan and Deborah Wilcox

  • That Minor Variance application D20-2021-009 be deferred for a period of not more than two months with the applications returning concurrently at the latest to the May 20, 2021 meeting.

David Harding, Planner II, RPP, MCIP
File Number: D20-2021-010
Location: 121 Island Drive
Lot 8, Island M Four Mile Lake, Plan 423
Geographic Township of Somerville
Owners: Christine Brown and John Lydford
Applicant: Christine Brown

  • That minor variance application D20-2021-010 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 submitted as part of Report COA2021-017, 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 six (6) 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 COA2021-017. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

Kent Stainton, Planner II
File Number: D20-2021-011
Location: 28 Liberty Lane
Lot 65, Plan 6, Part Lot 18, Concession 7
Geographic Township of Emily
Owners: Paul and Patti Stringer
Applicant: Tom deBoer - TD Consulting Inc.

  • That minor variance application D20-2021-011 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 submitted as part of Report COA2021-018, 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; and

    3) 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 COA2021-018. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

Kent Stainton, Planner II
File Number: D20-2021-012
Location: 2 Ripple Street
Part Lot 27, Concession 10
Geographic Township of Fenelon
Owners: John and Sheila Speirs
Applicant: Tom deBoer - TD Consulting Inc.

  • That minor variance application D20-2021-012 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 submitted as part of Report COA2021-019, which shall be attached to and form part of the Committee’s Decision;

    2) That prior to the issuance of a building permit, the owner shall apply for and complete an Application for a Sewage System Permit with the Building Division – Part 8 Sewage Systems;

    3) That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structures identified on Appendix C to Report COA2021-019 as ‘Pumphouse’ and ‘Shed’ have been removed,

    4) That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structure identified on Appendix C to Report COA2021-019 as ‘Relocated sauna to be located a minimum 1.2m from property line’ has been relocated; 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 COA2021-019. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

David Harding, Planner II, RPP, MCIP
File Number:D20-2021-013
Location:146 Brook Street
Part of Lot 17, Concession 3
Geographic Township of Somerville
Owner: Michael Allen
Applicant: Michael Allen

  • That minor variance application D20-2021-013 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 COA2021-020, which shall be attached to and form part of the Committee’s Decision; and

    2) That the building construction related to the minor variance shall be completed within a period of six (6) 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 COA2021-020. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

Kent Stainton, Planner II
File Number: D20-2021-014
Location: 35 Westview Drive
Part of Lots 1 to 3, Plan 413, Part Lot 17, Concession 8
Geographic Township of Emily
Owner: Loretta Wong
Applicant: Bill Tai

  • That minor variance application D20-2021-014 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 COA2021-021, 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 COA2021-021. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

Mr. Holy, Manager of Planning to provide a brief overview of the new Accessory Residential Units policy and Zoning and Sourcewater Protection for Committee members.

The next meeting will be Thursday, April 15, 2021 at 1:00pm in Council Chambers, City Hall.

  • That the meeting be adjourned at 4:49pm.