The Corporation of the City of Kawartha Lakes

Minutes

Committee of Adjustment Meeting

COA2024-03
-
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Councillor Emmett Yeo
  • Betty Archer
  • Gerald Erickson
  • 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 1:00pm.  Chair Robertson and Members S. Richardson, S. Strangway, B. Archer and G. Erickson were in attendance in person.

Staff, L. Barrie, Director of Development Services, K. Evans, Planner II, A. Shahid, Planner II, M. LaHay, Secretary-Treasurer, C. Crockford, Recording Secretary and M. McKinnon, Plans Examiner- Building and Septic Division (Building).

Absent: Councillor E. Yeo.

2.1.1

 

March 28, 2024
Committee of Adjustment Agenda

  • CA2024-029
    Moved ByS. Strangway
    Seconded ByS. Richardson

    That the agenda for March 28, 2024 be approved as amended to bring forward Section 3.1.8 Report COA2024-028, 80 Romany Ranch Road under New Applications; Minor Variance, to be presented first.

    Carried

There were no declarations of pecuniary interest disclosed.

February 22, 2024
Committee of Adjustment Minutes

  • CA2024-030
    Moved ByS. Richardson
    Seconded ByG. Erickson

    That the minutes of the previous meeting held February 22, 2024 be adopted as printed.

    Carried

Katherine Evans, Planner II
File Number: D20-2024-011
Location: 22 and 24 Camp Street
Part Lot 30, Concession 5 (being Part of Part 1 on Reference Plan 57R428)
Geographic Township of Fenelon
Owner: Christopher and Samuel Chiovitti
Applicant: DC Planning Services Inc.

Ms. Evans summarized Report COA2024-021. The purpose and effect is to fulfil a condition of approval pertaining to consent application D03-2022-017 to facilitate a lot line adjustment resulting in land from 22 Camp Street being severed and added to 24 Camp Street. Relief sought: Section 15.2.1.2 c) of the By-law requires a minimum lot frontage of 35 metres; the resulting lot frontage for the retained lot is 31 metres.

The Committee raised the following questions:

1) Where is the cabin situated, on the retained or benefiting lands?

2) Are there structures on the retained lands?

3) Is the boathouse allowed to stay without a primary residence?

4) What was the purpose of the severance?
Staff responded.

The applicant, Mr. Carroll was present in person, spoke to the report, and was available for questions.

The Committee asked Mr. Carroll if the owner owns all three lots and is a technical severance for ownership of each lot required. Mr. Carroll responded.

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

  • CA2024-031
    Moved ByB. Archer
    Seconded ByG. Erickson

    That minor variance application D20-2024-011 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions

    1. That lot configuration related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-021, which shall be attached to and form part of the Committee’s Decision; and,

    2. That lot configuration related to this approval shall be in force for a period not exceeding 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 companion consent application D03-2022-017, set to lapse by February 9, 2026.

    This approval pertains to the application as described in report COA2024-021. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Katherine Evans, Planner II
File Number: D20-2024-012
Location: 653 Hickory Beach Road
Part Lot 12 Concession 2 (being Part 1 on Reference Plan 57R6090)
Geographic Township of Verulam
Owners: Zbigniew and Edyta Filipczak
Applicant: DC Planning Services Inc.

Ms. Evans summarized Report COA2024-022. The purpose and effect is to fulfil a forthcoming recommended condition of approval pertaining to consent application D03-2023-030 to facilitate the creation of one (1) new lot. Relief sought: Section 8.3.9 a) of the By-law requires a minimum lot area of 0.9 hectares; the resulting lot area is 0.6 hectares for the severed parcel and 0.58 hectares for the retained parcel; Section 8.3.9 b) of the By-law requires a minimum lot frontage of 47 metres; the resulting lot frontage is 25 metres for the severed parcel and 25 metres for the retained parcel; Section 4 of the By-law defines ‘Accessory’ as, when used to describe a use, building or structure, as a use, building or a structure that is incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. The existing boathouse on the severed parcel would temporarily remain as a stand-alone structure without a main use until a new dwelling is constructed; and, Section 5.1.3 c) of the By-law provides that a boat house, gazebo, dock or pump house may be erected in the front yard or within the water setback on a lot which abuts a lake or river provided it does not have a height greater than 4 metres from the highest point of the building or structure to the finished grade. The existing boathouse is located within the water setback and is 4.5 metres in height.

Public concerns were received from neighbouring property looking for clarification as to the existing boathouse. Staff responded.

The applicant, Mr. Carroll was present in person and spoke to the report. He requested that Condition 2 of the report be amended to add, "This condition be considered fulfilled upon completion of the companion consent application D03-2023-030", and that the twenty-four month completion date be removed.

Ms. Evans asked Mr. Carroll, is the intention for the amendment to the condition to allow the existing boathouse to remain indefinitely without a primary use? Mr. Carrol replied yes. Ms. Evans followed up by saying that the appropriate route would then be a zoning by-law amendment.

The Committee asked the applicant if they had submitted an up to date land survey showing the location of the boathouse and if the owners are intending to sell the lot as a residential lot. Mr. Carroll responded.

Ms. Barrie, Director of Development Services spoke to the conditions within the report and how they relate to the companion consent application in process. Ms. Barrie reminded the Committee of the application process and that this minor variance is a draft condition of approval of the consent application. The Committee has the option to defer this application and bring forward the consent and minor variance to a later meeting to allow further deliberation.

Mr. Carroll asked staff why a dwelling is required to be built within the two-year period. Ms. Barrie responded referring to the intentions of the Zoning By-law process.

The Committee asked staff who determines the timelines for the decisions. Ms. Barrie replied that the timeline is determined by the Committee, and can be subject to change depending on the circumstances, for example in the case of an enforcement matter.

Member Erickson put a motion on the floor as printed.

Mr. Carroll disagreed with the two-year approval. Ms. Barrie suggested a couple of options but the applicant had left the meeting:
1) Discuss a reasonable time line.
2) Defer the minor variance and allow it to return along with the companion consent application D03-2023-030 for a decision.

Member Richardson suggested withdrawing her seconder if Member Erickson agreed to withdraw his motion and put a new motion forward to defer the application until such time as the minor variance and consent can return to the meeting. Discussions ensued.

Member Erickson's motion on the floor stands.

It was noted that Member Strangway was opposed to the decision.

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

  • CA2024-032
    Moved ByG. Erickson
    Seconded ByS. Richardson

    That minor variance application D20-2024-012 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act.

    Conditions

    1. That the lot configuration and boathouse related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-022, which shall be attached to and form part of the Committee’s Decision; and,

    2. That the lot configuration and boathouse use related to this approval shall be in force for 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 application as described in report COA2024-022. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Ahmad Shahid, Planner II
File Number: D20-2024-013
Location: 8 Kenver Street
Part Lot 13, Concession 7 (being Lot 2 of Plan 353)
Geographic Township of Emily
Owners: Steve and Kathy Brown
Applicant: TD Consulting Inc.

Mr. Shahid summarized Report COA2024-023. The purpose and effect is to facilitate the demolition of the existing dwelling and garage on the property; replacing with a new 1-storey dwelling with rear deck, basement walkout, and an attached garage. Relief sought: Section 12.2.1.3.b. of the Zoning By-law requires a 3 metre setback for buildings less than two-storeys or 5.5 metres for a building two-storeys or greater. A basement walkout is considered an additional storey in this Zoning By-law, as such; the 5.5 metre interior side yard setback applies. The proposed side yard setback is 4.55 metres (east side lot line) and 3.10 metres (west side lot line). Section 12.2.1.3.e. of the Zoning By-law requires a 30 metre water setback. The proposed water setback is 25.41 metres.

Since the writing of the report comments were received from Kawartha Conservation stating no concerns and that a permit has been obtained from their office.

The applicant, Mr. deBoer was present in person. He thanked staff for the report and spoke to the application.

There were no questions from the Committee or other persons.

  • CA2024-033
    Moved ByB. Archer
    Seconded ByS. Strangway

    That minor variance application D20-2024-013 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 COA2024-023, 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 COA2024-023. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Katherine Evans, Planner II
File Number: D20-2024-014
Location: 77 - 83 William Street North
Part Lot 6 North of Wellington Street and South of Bond Street, Town Plan
Former Town of Lindsay
Owner: Muskoka D & M Corp - Thomas Binczyk
Applicants: EcoVue Consulting Inc. - Aditya Srinivas and Kent Randall

Ms. Evans summarized Report COA2024-024. The purpose and effect is to facilitate the construction of an 8-storey 110-unit apartment building. Relief sought: Section 14.3.12 2. i) of the By-law permits a maximum lot coverage of 55%; the proposed lot coverage is 63%; and, Section 14.3.12 2. q) of the By-law requires a minimum aisle width of 6.7 metres; the proposed aisle width is 6 metres.

The Committee referred to Page 4 of 7, paragraph 1 of the report and asked what an additional Environment Impact Study (EIS) would add to this application. Ms. Evans replied it would not add anything as it was previously required for the Official Plan Amendment/Zoning By-law Amendment (OPA/ZBA).

The Committee asked if there was sufficient parking spaces and are the emergency services satisfied with the turning aisle radius. Ms. Evans responded.

The applicant, Mr. Srinivas was present via electronic participation. He thanked staff for the report and was available for questions.

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

The Chair called for a break at 2:39pm. The meeting was brought back to order at 2:47pm. Member Strangway returned to the meeting at 2:48pm.

  • CA2024-034
    Moved ByS. Strangway
    Seconded ByS. Richardson

    That minor variance application D20-2024-014 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 COA2024-024, 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 thirty-six (36) 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 COA2024-024 Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Ahmad Shahid, Planner II
File Number: D20-2024-015
Location: 79 Fell's Point Road
Part Lot 32 and Part Bed of Cameron Lake, Concession 11 (being Part 3 on RP 57R9366)
Geographic Township of Fenelon
Owners: Craig McGill and Kelly Smith
Applicant:  TD Consulting Inc.

Mr. Shahid summarized Report COA2024-025. The purpose and effect is to facilitate obtainment of a building permit for an existing cabin. Relief sought: Section 13.2.1.3.e. of the Zoning By-law requires a minimum water setback of 15 metres. The existing water setback from the cabin remains unchanged at 8.7 metres. Section 3.1.2.2. of the Zoning By-law requires a minimum 1.2 metre setback for all accessory structures from the primary residential building. The existing setback of the cabin from the dwelling remains unchanged at 1.0 metre. Section 3.1.6.1. of the Zoning By-law permits a cabin up to a maximum of 30 square metres. The existing cabin size remains unchanged at 37.0 square metres. Section 3.1.6.1. of the Zoning By-law states that a cabin may be permitted provided the subject lot conforms to the minimum lot area and frontage requirements of the zone. The required minimum lot area and frontage of the applicable zone is 2,000 square metres and 35 metres, respectively. The subject property is 1,011.71 square metres in size and 31.1 metres in frontage along Fell’s Point Road.

After the writing of the report, agency comments were received from Kawartha Conservation stating no concerns with the application and that a permit has already been obtained from their office.

The Committee raised the following questions:

1) Reason for this application being brought to Committee, was it complaint driven? Mr. Shahid indicated it was an enforcement issue.

2) When was the garage converted into a cabin? Mr. Shahid deferred to the applicant.

3) Why is the Building and Septic Division requesting a condition for sewage system review if the cabin is not used for sanitary and cooking purposes? Mr. Shahid deferred to the applicant for a response.

The applicant, Mr. deBoer was present in person and responded to Committee’s questions.

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

  • CA2024-035
    Moved ByS. Strangway
    Seconded ByS. Richardson

    That minor variance application D20-2024-015 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 COA2024-025, which shall be attached to and form part of the Committee’s Decision; and,

    2. That the shed identified in Appendix C and Appendix D, submitted as part of Report COA2024-025, 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 that the shed has been removed to the Secretary-Treasurer; and,

    3. 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 completion of a review of the sewage system requirements; and,

    4. That this approval shall be in effect for a period of eight (8) months after the date of the Notice of Decision, after which this application shall be deemed to be refused.

    This approval pertains to the application as described in report COA2024-025. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Katherine Evans, Planner II
File Number: D20-2024-016
Location: Vacant Lot on Fisher Road
Lot 48 Plan 57M813
Former Town of Lindsay
Owner: 1000561448 Ontario Limited - Mark Milani
Applicant: Cayla Milani

Ms. Evans summarized Report COA2024-026. The purpose and effect is to facilitate the construction of a single detached dwelling. Relief sought: Section 7.3.23 i) of the By-law requires a minimum front yard setback of 6 metres; the proposed setback is 2.3 metres from the stairs and 4.7 metres from the front porch.

The Committee stated that being a new subdivision, will there be other applications to follow as each dwelling is built and is there a cold cellar under the front steps? Ms. Evans indicated that she is has not been provided with information to confirm whether a cold cellar is proposed, and that she believes the relief required at this lot is unique because of the grade of this lot that requires stairs.

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

  • CA2024-036
    Moved ByB. Archer
    Seconded ByS. Strangway

    That minor variance application D20-2024-016 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 COA2024-026, 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 COA2024-026. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Ahmad Shahid, Planner II
File Number: D20-2024-017
Location: 11 Albert Street South
Part of Park Lot 6, West of Albert Street, Town Plan
Former Town of Lindsay
Owner: David Nigh
Applicant: David Nigh

Mr. Shahid summarized Report COA2024-027. The purpose and effect is to facilitate the construction of a new detached garage. Relief sought: Section 5.2.b.i. of the Zoning By-law requires a 1.25 metre setback from an interior side lot line for accessory structures; the proposed side yard setback is 0.51 metres. Section 5.24 of the Zoning By-law permits the encroachment of roofs and other overhanging projections up to a maximum of 0.6 metres into any yard. The proposed encroachment into the side yard from the overhang of the roof’s eave is 1.20 metres.

After the writing of the report, Mr. Shahid confirmed with the owner that the downspout from the proposed garage will be directed to the rear yard of the property and not the side yard or any neighbouring property.

The Committee asked if the neighbours of the rental apartment next door will receive the notice of decision or just the owner. Mr. Shahid responded.

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

Member Archer left the meeting at 3:13pm.

  • CA2024-037
    Moved ByS. Richardson
    Seconded ByG. Erickson

    That minor variance application D20-2024-017 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 COA2024-027, 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 COA2024-027. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Katherine Evans, Planner II
File Number: D20-2024-018
Location: 80 Romany Ranch Road
Part Lot 27, Concession 4 (being Lot 6 #182 on Plan 214)
Geographic Township of Fenelon
Owner: 1850874 Ontario Inc. - Chris Kapsalakis
Applicant: Keji Planners and Builders - Joe McCool

Ms. Evans summarized Report COA2024-028. The purpose and effect is to facilitate the demolition of the existing boathouse and the construction of a new larger boathouse. Relief sought: Section 3.1.2.2 of the By-law requires a minimum side yard setback of 1.2 metres from the side lot line for accessory structures; the existing setback of 1.1 metres is to be maintained; Section 3.1.5.3 of the By-law provides that a boathouse shall be limited to one storey; the proposed boathouse has a second storey; Section 3.1.5.3 of the By-law permits a maximum height of 4.5 metres for a boathouse; the proposed height is 6.9 metres; and, Section 3.1.3.3 of the By-law permits a maximum of 3 accessory structures on a lot in any class of residential zone; the proposed boathouse constitutes the fifth accessory structure.

Public comments were received from N. Lee of 74 Romany Ranch Road with concerns to Dark Sky Pollution. Ms. Evans responded to the neighbour.

Four photographs of neighbourhood boathouses were received from the applicant, Mr. McCool that were distributed to the Committee at today's meeting.

The Committee raised the following questions:

1) What is dark sky pollution?

2) Is there a photograph of the property taken from the lake?

3) The four photographs received of the boathouse in the neighbourhood; when were the two-storey boathouses constructed and the two-storey boathouse referenced in the report?

4) How can we deny this two-storey boathouse when a number of two-storey boathouses along the lake were granted permission for purposes of storage?

5) Is 4.5 metres sufficient height for a pergola?

Ms. Evans responded.

The applicant, Mr. McCool was present in person. Mr. McCool indicated that he had a photo of the property from the lake if the Committee wished to view. Committee accepted. Mr. McCool spoke to all five structures on the property and the height of the second storey.

Member Strangway stated that 50 percent of the boathouses on Balsam Lake have two-storey boathouses and for that reason put forward a motion to grant approval for all four reliefs. Member Erickson second that motion.

The Committee finished by asking staff, what is the main reason for denying the second storey, the concern with massing? Ms. Evans responded. Ms. Barrie, Director of Development Services followed up by speaking to the Rural Zoning By-law Consolidation Project referencing boathouses and also reminded the Committee of their responsibilities when decision making, to make a fair and consistent approach when evaluating each application, which does not mean that the end result is the same in each application.

The motion to grant all four reliefs was carried.

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

  • CA2024-038
    Moved ByS. Strangway
    Seconded ByG. Erickson

    That minor variance application D20-2024-018 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 COA2024-028, 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 COA2024-028. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Ahmad Shahid, Planner II
File Number: D20-2024-020
Location: 3 Jackson Street
Part of Lots 20 and 21, Plan 5 (being Part 1 on Reference Plan 9R2759)
Geographic Township of Manvers
Owner: Kelly and Sarah Palmer
Applicant: Kelly Palmer

Mr. Shahid summarized Report COA2024-030. The purpose and effect is to facilitate the construction of a new two-storey dwelling with attached garage. A previous Minor Variance application (D20-2023-015) was approved that provided relief from the same provisions that now require further relief as a result of a revised survey report. Relief sought: Section 4.2.c of the Zoning By-law as approved under Decision D20-2023-015 requires a 2.45 metre minimum front yard setback. Relief is required for the new proposed front yard setback of 2.29 metres. Section 4.2.h. of the Zoning By-law as approved under Decision D20-2023-015 permits a maximum lot coverage of 29.5%; the proposed maximum lot coverage is 30%.

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

There were no questions from the Committee or other persons.

  • CA2024-039
    Moved ByS. Richardson
    Seconded ByS. Strangway

    That minor variance application D20-2024-020 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 elevation drawings in Appendix D submitted as part of Report COA2024-030, which shall be attached to and form part of the Committee’s Decision; and,

    2. That the two accessory structures identified in Appendix C and Appendix E, submitted as part of Report COA2024-030, 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 that the structures have been removed to the Secretary-Treasurer.

    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 COA2024-030. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

    Carried

Ms. Barrie updated the Committee regarding the Rural Zoning By-law Project and that a hybrid public meeting will be taking place on April 10, 2024 at 7:00pm.

Ms. Barrie confirmed that interviews have been completed for the seventh member on the Committee of Adjustment. A confidential report will go to the April 30th Council Meeting. Tentatively aiming for the new member to join the May 23rd  meeting.

The next meeting will be Thursday, April 25th at 1:00pm in Council Chambers, City Hall.

  • CA2024-040
    Moved ByS. Richardson
    Seconded ByS. Strangway

    That the meeting be adjourned at 3:19pm.

    Carried