City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20220707

City of Kawartha Lakes

Committee of Adjustment

Notice of Public Hearing for Minor Variance

This Public Meeting will be held virtually with electronic public participation in accordance with the Municipal Act, 2001 and the Planning Act, 1990.

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 July 21, 2022 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2022-036, D20-2022-037, D20-2022-038, D20-2022-039, D20-2022-040, D20-2022-041, D20-2022-042, D20-2022-043, D20-2022-044, D20-2022-045.  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:

D20-2022-036 – 5 Thorndyke Drive, Part Lot 16, Concession 8, being Lot 7 on Plan 483 Geographic Township of Mariposa, Ward 4, 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 facilitate construction of an Additional Residential Unit (ARU). By-law Section 3.23 vi. requires a minimum lot area of 4,000 square metres on private services; the existing lot area is +/- 1,393.79 square metres. Notwithstanding By-law Section 10.2.1.3 (c) that requires a minimum exterior side yard setback of 7.5 metres, By-law Section 3.1.4.1 (c) permits an unenclosed porch encroachment to 6 metres, provided the porch remains below 1.2 metres above the adjacent finished grade.

D20-2022-037 – 139 McKelvy Road, Lot 17, Plan 276, Geographic Township of Eldon, Ward 1, now in the City of Kawartha Lakes - To consider relief under Section 45(2) of the Planning Act, R.S.O., as amended, from the Township of Eldon Zoning By-law 94-14, as amended. The purpose and effect is to extend the existing non-conforming use of the land as a family campground in Section 13 ‘Limited Service Residential Exception One (LSR-1)’ Zone and related Section 2 Definitions and Section 3 General Provisions, which only permits a vacation dwelling.

D20-2022-038 – 115 Crescent Drive, Part Lot 15, Concession 7, being Lot 10 on Plan 348, Geographic Township of Verulam, 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 Verulam Zoning By-law 6-87, as amended. The purpose and effect is to facilitate the redevelopment of a residential lot. By-law Section 10.2 h. requires a minimum water setback of 15.0 metres; the proposed setbacks are +/- 4.62 metres (patio), +/ 10.06 metres (dwelling, south side), and +/- 8.31 metres and +/- 14.05 metres (dwelling, east side). The application also seeks relief from Section 5.12.1 that requires access to an improved street.

D20-2022-039 – 128 Charlore Park Drive, Lot 4 on Plan 331, Geographic Township of Emily, Ward 6, 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 facilitate the redevelopment of a residential lot. By-law Section 12.2.1.3 requires a minimum side yard setback of 5.5 metres; the proposed setback is +/- 3.1 metres. By-law Section 12.2.1.5 permits a maximum height of 11 metres; the proposed height is +/- 12 metres.

D20-2022-040 – 90 Alcorn Drive, Lot 71 on Plan 57M-802, Former Town of Lindsay, Ward 5, 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 Town of Lindsay Zoning By-law 2000-75, as amended. The purpose and effect is to facilitate the construction of a new dwelling and deck. By-law Section 6.3.22 permits a maximum lot coverage of 40%; the proposed coverage is +/- 48%. By-law Section 6.2 requires a minimum rear yard setback of 7.5 metres together with Section 5.24 that permits encroachments for decks (1.8 metres to 2.4 metres) and stairs (0.9 metres); the proposed setbacks are +/- 4.27 metres (deck) +/- 2.74 metres (stairs).

D20-2022-041 – 140 Kelly’s Bay Road, Part of Lot 15, Concession 4, Geographic Township of Verulam, 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 Verulam Zoning By-law 6-87, as amended. The purpose and effect is to facilitate an addition to a residential garage. By-law Section 10.2 e. requires a minimum exterior side yard setback of 7.5 metres; the proposed setback is +/- 3.2 metres. The application also seeks relief from Section 5.18 that requires an additional 10 metre setback from the centre of the road allowance.

D20-2022-042 – 57 Charlore Park Drive, Part of Lot 14, Concession 7, being Lot 19 on Plan 498, Geographic Township of Emily, Ward 6, 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 facilitate the construction of a detached carport and shed. By-law Section 3.1.2.1 permits accessory structures in the interior side or rear yards only; the proposed location is in the front yard. By-law Section 3.1.3.3 permits a maximum of 3 accessory buildings or structures; the proposal will result in 4. By-law Section 12.2.1.3 requires a minimum front yard setback of 7.5 metres; the proposed setback is +/- 2.17 m.

D20-2022-043 – 81 Clifford Drive, Part Lot 11, Concession 4, being Part 2 on RP 57R-60 and Part 2 on RP 57R-3356, Geographic Township of Verulam, Ward 6, now in the City of Kawartha Lakes - To consider relief under Section 45(2) of the Planning Act, R.S.O., as amended, from the Township of Verulam Zoning By-law 6-87, as amended. The purpose and effect is to enlarge the existing non-conforming boat house with a ‘boatport’ addition, and, to repair the existing structure. By-law Section 8.1 permits a boat house as an accessory structure, provided either a single detached dwelling or a seasonal dwelling is present as the primary building on the lot; the boat house is a stand-alone structure on the lot. By-law Section 5.1.4 a. requires a minimum interior side yard setback of 1.2 metres; the existing non-complying setback of +/- 0.84 metres is proposed to remain for the proposed ‘boatport’ addition to the boat house.

D20-2022-044 – 35 Elliot Street, Part Lots 105 and 106 on Plan 100, Former Village of Fenelon Falls, 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 Village of Fenelon Falls Zoning By-law 89-25, as amended. The purpose and effect is to facilitate construction of a residential garage. By-law Section 5.1.4 permits a maximum lot coverage of 5% for accessory structures; the proposed coverage is +/- 9.8%.

D20-2022-045 – 129 Fell’s Point Road, Part Lot 31, Concession 10, Geographic Township of Fenelon, Ward 2, 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 facilitate the redevelopment of a residential lot. By-law Section 13.2.1.3 (e) requires a minimum water setback of 15 metres; the proposed setback is +/- 12.18 metres (dwelling) and +/- 8.5 metres (deck). Notwithstanding By-law Section 13.2.1.3 (a) that requires a minimum front yard setback of 7.5 metres, By-law Section 3.1.4.1 (c) permits a deck encroachment to 6 metres, provided the deck remains below 1.2 metres above the adjacent finished grade. By-law Section 3.1.2.2 requires a distance of 1.2 metres from an accessory structure to a residential building; the proposed setback is +/- 0 metres. By-law Section 3.1.5.3 permits a maximum height of 4.5 metres; the proposed height is +/- 3.81 metres (boat house roof) and +/- 4.88 metres (boat house roof deck with railing).

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 (Leah Barrie) 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 (July 21, 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 (July 20, 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 (July 20, 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 (July 21, 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 7th Day of July, 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