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City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20220107

City of Kawartha Lakes

Committee of Adjustment

Notice of Public Hearing for Minor Variance

This meeting will be held through remote electronic participation in accordance with the Municipal Act, 2001, as amended by Bill 187, the Municipal Emergency Act, 2020 and the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, that currently prohibits organized indoor public events of more than 10 people.

The general public and the media can view the Committee of Adjustment webcast through the City of Kawartha Lakes livestream at: www.youtube.com/c/CityofKawarthaLakes.

Take notice, that the Committee of Adjustment of the City of Kawartha Lakes will hold a Public Meeting on January 20, 2022 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2021-071, D20-2021-075, D20-2021-076, D20-2021-078, D20-2021-079, D20-2021-080, D20-2021-081. A number of applications will be considered at this meeting. The applications are considered in the order that they appear on the Agenda and it may take some time before an application is dealt with at the meeting. The minor variance/permission applications being considered are listed below:


D20-2021-071 – 145 Fells Point Road, Part Lot 31, Concession 10, geographic Township of Fenelon, Ward 3, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Fenelon Zoning By-law 12-95, as amended. The purpose and effect is to request relief from the following provisions in order to facilitate the construction of a replacement single detached dwelling and attached deck:

1)         Section 3.18.1.1 to reduce the minimum Environmental Protection Zone Setback for all buildings and structures from 15 metres to 9.26 metres;

2)         Section 13.2.1.3 (e) to reduce the minimum water setback from 15 metres to 9.26 metres.

D20-2021-075 – 6 John Street, Part Lot 10, Concession 1, Lot 1 of Plan 57M781, geographic Township of Manvers, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Oak Ridges Moraine Zoning By-law 2005-133, as amended. The purpose and effect is to request relief from Section 5.13 b) in order to permit six (6) overhead doors and a loading dock on the wall of a building facing a street (John Street).

D20-2021-076 – 527 Cottage Road, Part South half of Lot 24, Concession A, geographic Township of Mariposa, Ward 7, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Mariposa Zoning By-law 94-07, as amended. The purpose and effect is to request relief from the following provisions in order to facilitate the construction of a detached garage:

1) Section 3.1.3.1 b) to increase the maximum allowable lot coverage for accessory buildings and structures, excluding outdoor swimming pools from 10% to a maximum of 150 square metres to 160.16 square metres;

2) Section 3.1.3.2 to increase the maximum allowable height for accessory buildings and structures from 5 metres to 5.1 metres;

3) Section 8.2.1.4 to increase the maximum allowable lot coverage from 5% to 7.82%;

4) Section 8.2.1.8 to increase the maximum allowable height and lot coverage for an accessory building being used for the parking or storage of a commercial motor vehicle on a lot in an agricultural zone from 5 metres to 5.1 metres and for total lot coverage of accessory buildings from 150 metres to 160.16 metres.

D20-2021-078 – 24 Royal Estate Drive, Lot 54, Plan M-731, geographic Township of Manvers, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133, as amended. The purpose and effect is to request relief from Section 13.4.4(d) to reduce the minimum side yard from 7.6 metres to 3.5 metres to permit an addition to the dwelling.

D20-2021-079 – 69 Pinewood Crescent, Lot 37, Plan M715, Part Lot 11, Concession 3, Geographic Township of Manvers, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133, as amended. The purpose and effect is to request relief from the following provisions in order to construct a detached garage:

  1. Section 5.1(b)(i) to permit an accessory building (garage) setback of 1.2 metres to a dwelling whereas 1.3 metres is required,
  2. Section 5.1(b)(iii) to reduce the rear lot line setback from 6 metres to 1.5 metres to permit a garage with a footprint greater than 60 square metres.
  3. Section 5.1(b)(iii) to reduce flankage lot line setback from 15 metres to 8.1 metres to permit a garage with a footprint greater than 60 square metres.
  4. 5.1(b)(vi) to reduce the rear lot line setback from 6 metres to 1.5 metres to permit a garage with a height greater than 4.3 metres.
  5. Section 13.2(c) to reduce the front yard setback from 15 metres to 8.1 metres in order to reduce the distance the garage must be from Corbett Drive.

D20-2021-080 – 4 Cadillac Blvd, Block A less 57R-893, Plan 450, geographic Township of Emily, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Emily Zoning By-law 1996-30, as amended. The purpose and effect is to request relief from Section 12.2.1.3(e) to reduce the water setback from 30 metres to 24 metres in order to permit the construction of a second level to the dwelling along with a second level to the covered deck.
 
D20-2021-081 – 22 Forest Road, geographic Township of Fenelon and former Village of Sturgeon Point, Ward 3, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Fenelon Zoning By-law 12-95, as amended, and the Village of Sturgeon Point Zoning By-law 339, as amended. The purpose and effect is to see relief from the following provisions in order to construct a pool and recognize a cabin:

Sturgeon Point By-law

  1. Section 5.3.2 to permit a pool and cabin whereas only landscaping and residential uses not containing a building or structure is currently permitted,
  2. Section 3.1(b) to permit a pool and cabin within the front yard whereas only a side or rear yard is required; and
  3. Section 3.1(b) to reduce the minimum rear yard setback for a pool from 1.2 metres to 0.

Fenelon By-law

  1. Section 3.1.2.1 to permit a pool within the front yard whereas only a side or rear yard is required; and
  2. Section 3.1.2.2 to reduce the minimum side lot line setback for a pool from 1.2 metres to 0.

The Committee will make a decision according to information or evidence received before and during the hearing.

Additional Information relating to this proposal may be obtained from (David Harding and Kent Stainton) during regular office hours.

How to Participate in the Public Hearings

The City of Kawartha Lakes City Hall is temporarily closed to the public to help stop the spread of COVID-19. While the public is not able to attend Committee of Adjustment meetings in-person, there are several ways in which the general public can provide submissions to the Members of the Committee of Adjustment for the (January 20, 2022) meeting, as follows:

Submit comments in writing: Submit comments in writing to the City of Kawartha Lakes, Planning Department, 180 Kent Street West, Lindsay, Ontario, K9V 2Y6, prior to this meeting or by email to cofa@kawarthalakes.ca. Comments received by 4:00pm on (January 19, 2022) will be provided to Members of the Committee of Adjustment prior to the meeting.

Register to speak at the Committee of Adjustment Meeting via electronic participation:  should you wish to speak at the Committee of Adjustment meeting, please email the Planning Department at cofa@kawarthalakes.ca. Please include:

• your name (first and last);

• email address in order to send you an invite to participate in the meeting via Zoom which allows for participation by computer, mobile device or telephone;

• which item on the agenda you wish to address; and,

• any visual materials such as pictures or a PowerPoint presentation.

Notwithstanding the deadlines noted above, members of the public are requested to register as soon as possible in order to facilitate an orderly registration process and meeting.

Members of the public are encouraged to email written comments to cofa@kawarthalakes.ca prior to the date above even if they choose to register to speak at the meeting via electronic participation in order for the Committee of Adjustment Members to have their comments in the event they are not successful in joining the electronic meeting.

Electronic Participation for Persons Wishing to Make Representations

Upon receipt of your request to speak at the meeting, you will be provided the Zoom meeting details and password prior to the meeting, including a link to educational resources for those who may be new to using Zoom.

Please note that neither a computer, nor a video sharing device, is required to participate in the meeting via Zoom. You may also opt to call in from a cell or landline. A call-in number will be provided in the email invite for this purpose.

Persons who intend to participate during the meeting may wish to register/sign up in Zoom if they have not already done so. The following information is provided for your consideration and guidance during remote participation in the meeting:

As screen-sharing will not be enabled for participants during this meeting, those persons who wish to provide a visual presentation (PowerPoint or other) must email it to cofa@kawarthalakes.ca. The Clerk who is moderating the meeting will share your presentation from his/her screen as you speak. Therefore, in order to allow sufficient time for set-up and testing in advance of the meeting start time, those who wish to provide visual presentations are required to register to speak and provide those materials to the Planning Department prior to 4:00pm on (January 19, 2022).

• When you join the meeting, either by phone or online, you will be admitted in as an attendee. You will not be greeted upon joining the call. You will be able to hear the meeting and see the active speaker (if you have video capability), but your microphone will be muted until it is your turn to speak.

• You may also follow along on livestream until you are called upon to speak (a separate device is best if you are calling on a cell), but you must mute that feed when you are called on to speak in order to prevent feedback. Please note there may be a 5 to 30 second delay between the live meeting and what you see on livestream.

• If you join the Zoom meeting through your phone, please do not put the phone on hold at any time, as this will result in broadcasting “hold music” online once your microphone function is unmuted.

• To optimize call quality when using a laptop, a headset with microphone is best if available to you; otherwise, whether using your laptop microphone or cell phone, please speak directly into the receiver and do not use speaker phone.

• If you are having technical difficulties on January 20, 2022) with respect to gaining access to Zoom, you may contact the Clerk’s Office via email at clerks@kawarthalakes.ca or call at 705-324-9411 ext. 1322 or ext. 1266. Please be advised that the City has limited resources available and is not able to diagnose or address technical issues with your hardware or internet connection.

Please be reminded that the meeting will be live streamed and archived to the livestream. If you enable your camera, you will appear to meeting participants and on the livestream.

• Please do not share the Zoom meeting details with anyone or post through social media. These details are restricted to Members of Committee of Adjustment, specifically designated staff, applicants or their representatives and persons that have made a request to speak. All others will be able to watch and listen to the meeting on the City of Kawartha Lakes livestream.

Public delegations will be provided five (5) minutes in which to make their comments once called upon to speak by the Committee Chair. Questioning of / debate with the members or staff is not permitted. If you have questions, you may state them during your five minutes. Your comments must be directly related to the content of the report(s) to which you are speaking. The Committee Members may choose to ask you follow-up questions following your remarks, comment, or ask staff to respond to what you have said.

• You are encouraged to send written comments for the Committee of Adjustment’s consideration in addition to your oral presentation to cofa@kawarthalakes.ca.

Any person or persons who may wish to receive notice of the decision with respect to this application must appear in person through electronic participation or by counsel at the Public Hearing and in addition, request in writing from the Secretary-Treasurer copies of the decision of the Committee of Adjustment.
Accessible formats and communication supports are available, upon request.

Dated at the City of Kawartha Lakes this 6th Day of January, 2022.

Mark LaHay, Secretary-Treasurer

Committee of Adjustment, City of Kawartha Lakes

Lindsay Service Centre, 180 Kent Street West,

Lindsay, Ontario K9V 2Y6

Telephone: 705-324-9411 Extension 1324

Fax: 705-324-4027

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