City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20221013

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 October 27, 2022 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2022-066, D20-2022-067, D20-2022-068, D20-2022-069, D20-2022-070, D20-2022-071, D20-2022-072, D20-2022-073, D20-2022-074, D20-2022-075. 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:

D20-2022-066 – 248 John Street, Lot 8 and Part Lot 9 on Plan 17, 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 facilitate the construction of a second-storey residential addition and new detached garage. The application is to provide relief from the following zone provisions:

1. Section 5.1 b) iii) - the minimum side yard setback of 6 metres for an accessory building greater than 60 square metres;
2. Section 5.1 b) vi) - the minimum side yard setback of 6 metres for an accessory building taller than 4.3 metres;
3. Section 5.1 c) – the maximum lot coverage and height for accessory buildings of 8%, and 5 metres, respectively;
4. Section 5.12 - the minimum rear yard setback of 15 metres for through lots;
5. Section 13.2 c) - maximum lot coverage of 25%;
6. Section 13.2 h) – the minimum front yard setback of 15 metres.

These reliefs would culminate in the following new construction and resulting zone relief: an accessory building (detached garage), +/- 89 square metres in area and +/- 6.1 metres tall, with a minimum side yard setback of +/- 2.7 metres and a minimum rear yard setback of +/- 1.8 metres, respectively. The garage would cover +/- 12.5% of the lot area; a second storey building addition with a front yard setback of +/- 1.22 metres, located directly above the existing dwelling’s main floor; and, a total lot coverage of 27.1%.

D20-2022-067 – 131 ½ King Street West, Block 3, Lot 7, Plan 109, former Village of Omemee, 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 Village of Omemee Zoning By-law 1993-15, as amended. The purpose and effect is to request relief from Section 3.1.3.1 to increase the maximum lot coverage for accessory buildings and structures from 40% of the of the main building gross floor area to +/- 52.54% in order to permit the construction of a 62.43 square metre detached garage.

D20-2022-068 – 17 King Street East, Part Lots 10 and 11, Range 6, Plan 70, geographic Village of Bobcaygeon, 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 Village of Bobcaygeon Zoning By-Law 16-78, as amended. The purpose and effect is to provide relief from Section 3.13 a. of the Zoning By-law to permit a reduction in the required number of parking spaces from thirteen (13) to one (1) to facilitate a 58 square metre seasonal outdoor patio.

D20-2022-069 – 4232 Highway 7, Part Lot 11, Concession 3 (being Part 2 to 3, RP 57R2854), 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 of the application is for a correction of title. The +/- 2,727 square metre parcel to be severed at 4232 Highway 7 contains a gas bar and convenience store. The +/- 7,750 square metre parcel to be retained at 4236 Highway 7 contains a car dealership and repair shop. Section 15.2.1.1 requires a minimum lot area of 4,000 square metres in the Highway Commercial (C2) Zone; the proposed severed lot is to be 2,727 square metres.

D20-2022-070 – 57 Potts Shore Road, Part Lot 25, Concession 8 (being Lot 5 and Part of Right of Way on Plan 191; Part 3 on RP 57R-5497), 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 construction of an accessory building (boathouse). Section 15.2.1.4 of the Zoning By-law permits a maximum lot coverage of 30%; the proposed is +/- 31%. Section 3.1.2.2 requires that the location of an accessory building be no closer than +/- 1.2 metres to a residential building on the same lot; the proposed is zero (0) metres. Section 3.1.2.1 permits a maximum lot coverage for all accessory buildings of 8%; the proposed is +/- 9%. Part 2 - definition of ‘Accessory Building’ is characterized as being ‘detached’; the proposed is ‘attached’.

D20-2022-071 – 4 Greenwood Road, Part Lot 8, Concession 4 (being Part Lot 32 Part of Shore Road Allowance, Plan 366; Part 1 on RP 57R9411), Geographic Township of LDL (Laxton), 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 United Townships of Laxton, Digby, and Longford Zoning By-law 32-83, as amended. The purpose and effect is to facilitate the construction of a +/- 25.5 square metre residential addition, resulting in the enlargement of the legal non-conforming single detached dwelling (est. 1958) whereby its residential use predates the Zoning By-law adopted in 1983, that zones the lot Open Space ‘O1’, and Section 7.1 does not otherwise permit residential uses.

D20-2022-072 – 195 Campbell Beach Road, Part Lot 12 and Part Shore Road Allowance, Concession 1 (being Part 1 on RP 57R-7312 and Part 1 on RP 57R-4255) Geographic Township of Carden, 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 Carden Zoning By-Law 79-2, as amended. The purpose and effect is to facilitate a residential addition to the existing house. Section 4.2 g. and 14.21 of the By-law require a minimum water setback of 20 metres; the existing reduced setback of 7.22 metres (dwelling) will remain unchanged, and the addition of a deck is proposed at +/- 11.3 metres. Section 4.2 d. requires a minimum side yard setback of 3 metres on one side and 2.2 metres on the other; the proposed setbacks are +/- 2.55 metres on one side and +/- 0.73 metres on the other.

D20-2022-073 – 7 Charlotte Crescent, Part Lots 12 and 13, Concession 7 (being Lot 19, Plan 387), 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 an attached garage with a loft space above. Section 12.2.1.3.b. of the By-Law requires a minimum interior side yard setback of 3 metres for one and one and one half storey buildings; the existing reduced setback is +/- 1.56 metres.

D20-2022-074 – 756 County Road 24, Part Lot 12, Concession 5 (being Lot 2 on Plan 226; Part 6 on RP 57R-2227), 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 provide relief from Section 8.2 n. of the Zoning By-law to reduce the minimum water setback from 15 metres to +/- 14.44 metres (dwelling) and +/- 9.06 metres (deck) to facilitate the construction of a new house and attached garage.

D20-2022-075 – 115 Gilson Street, Lot 19, Plan 57M-764, 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 the construction of a shed. Section 3.1.2.2 requires accessory buildings to be 2 metres from the side lot line; the proposed setback is +/- 1 metre.

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 (October 27, 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 (October 26 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 (October 26, 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 (October 26, 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 13th Day of October, 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