City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20220804

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 August 18, 2022 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2022-046, D20-2022-047, D20-2022-048, D20-2022-049, D20-2022-050, D20-2022-051, D20-2022-052, D20-2022-053, D20-2022-054, D20-2022-055 and D20-2022-057  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:

D20-2022-046 – 66 Shadow Lake Road 28, Part Lot 46, Front Range (being Lot 8, Plan 248), geographic Township of Somerville, 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 Somerville Zoning By-law 78-45, as amended. The purpose and effect is to recognize a constructed carport. Section 18.1.2.a. of the By-law permits accessory structures in interior side or rear yards only; the carport is in the front yard. Section 18.1.2.b. requires that structures be no closer to a street than the required front yard setback for the zone in which it is located (7.5 metres); the setback is +/- 4.6 metres. Section 18.1.4.ii. permits eaves or gutters on a main building to project into any yard a distance of not more than 0.6 metres; the eaves project 0.76 metres.

D20-2022-047 – 37 Kenhill Beach Road, Part Lot 10, Concession 3, geographic Township of Verulam, 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 Verulam Zoning By-law 6-87, as amended. The purpose and effect is to permit construction of an unenclosed deck. Section 8.2.n. of the By-law requires a minimum water setback of 15 metres; the proposed setback is 9.91 metres (deck) and 7.01 metres (stairs). Section 8.2.f. requires a minimum interior side yard setback of 1.8 metres; the deck proposes to uphold the existing 0.94 metre setback.

D20-2022-048 – 626 Indian Point Road, Part Lots 13 and 14, Range NWB (being Lots 24 to 26, Plan 242), geographic Township of Bexley, Ward 1, 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 Bexley Zoning By-law 93-09, as amended. The purpose and effect is to permit an addition to the boathouse. Section 3.1.2.2 of the By-law requires a minimum side yard setback of 1.2 metres; the existing setback, proposed to remain, is 0.8 metres.  

D20-2022-049 – 251 Slanted Road, Part Lot 13, Concession 8 (being Part 1, RP 57R-7831), geographic Township of Ops, 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 Ops Zoning By-law 93-30, as amended. The purpose and effect is to permit construction of a detached accessory structure (garage). Section 2.1 permits a maximum height of 5 metres; the proposed height is 5.7 metres. Notwithstanding the permitted front yard setback of 9.0 metres, Section 2.22.4 requires a setback of 10 metres from a Township Road; the proposed setback is 9.0 metres.

D20-2022-050 – 8 Lenal Street, Part Lot 9, Concession 2 (being Lot 45, Plan 156), geographic Township of Verulam, 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 Verulam Zoning By-law 6-87, as amended. The purpose and effect is to facilitate the re-construction of a residential dwelling. In addition to the minimum front and exterior side yard setbacks of 7.5 metres, Section 5.18 of the By-law requires an additional 10 metre setback from the centre of the road allowance; the proposed additional setback is 0 metres. Section 8.2 requires a minimum interior side yard setback of 1.8 metres; the proposed setback is 1.46 metres.

D20-2022-051 – 36 Irene Avenue, Part Lot 11, Concession 10 (being Part Lots 10 and 11, Plan 73), geographic 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 Village of Sturgeon Point Zoning By-law 339, as amended. The purpose and effect is to permit construction of a carport. Section 3.1.b. of the By-law permits accessory structures in a side or rear yard only; the carport is proposed in the front yard.

D20-2022-052 – 439 Farmstead Road, Part Lot 8, Concession 8, 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 permit the construction of a detached accessory structure (garage). Section 3.1.2.1 of the By-law permits accessory structures in side and rear yards only; the proposed location is the front yard. Section 3.1.3.1 permits a coverage of 10% up to 150 square metres; the proposed coverage is 182 square metres. Section 3.1.3.2 permits a maximum height of 5 metres; the proposed height is 5.7 metres. Section 3.1.3.3 permits a maximum of two accessory structures; the proposed garage is the fourth accessory structure.

D20-2022-053 – 110 Wilkinson Drive, Part Lot 20, Concession 6 (being Lot 2, Plan 335), geographic Township of Somerville, 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 Somerville Zoning By-law 78-45, as amended. The purpose and effect is to facilitate the re-construction of a residential dwelling. Section 5.2.f. requires a minimum water setback of 15 metres with a permitted deck and steps encroachment per Section 18.1.4.a.iii. up to 1.5 metres (resulting setback of 13.5 metres); the proposed setback is 10.97 metres. Section 5.2.j. requires a minimum side yard setback of 1.2 metres plus 1 metre for each additional / partial storey above the first (resulting setback is 2.2 metres); the proposed setback is 1.2 metres.

D20-2022-054 – 1469 Killarney Bay Road, Part Lot 26, Concession 4 (being Part Lot 29, Plan 176), 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 facilitate the re-construction of a residential dwelling. Section 15.2.1.3(a) of the By-law requires a minimum front yard setback of 7.5 metres; the proposed setback is 6.87 metres.

D20-2022-055 – 5 Neals Drive, Part Lot 6, Concession 13 (being Lot 16, Plan M716), 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 Township of Manvers Zoning By-law 87-06, as amended. The purpose and effect is to facilitate construction of a residential addition for an attached garage and an Additional Residential Unit (ARU). Section 20.30.vi. of the By-law requires a minimum lot area of 4,000 square meters (private services); the existing lot area is 2,630.42 square metres. Section 4.2.f. requires a minimum side yard setback of 3 metres; the proposed setback is 2 metres. Section 4.2.c. requires a minimum front yard setback of 15 metres; the proposed setback is 10.9 metres.

D20-2022-057 – 1023 Little Britain Road, Part Lot 6, Plan 79, 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 recognize a constructed garage. Section 3.1.2.2 of the By-law requires a minimum rear and interior side yard setback of 2 metres; the setbacks are 1.6 metres (rear) and 1.8 metres (side). Section 3.1.3.1 (a) permits a maximum coverage of 100 square metres; the coverage is 134.7 square metres. Section 3.1.3.2 permits a maximum height of 5 metres; the height is 5.18 metres.

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 August 18, 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 (August 17, 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 August 17, 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 August 18, 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 4th Day of August, 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