City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20221117

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 December 1, 2022 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2022-019, D20-2022-076,  D20-2022-078, D20-2022-079, D20-2022-080, D20-2022-081, D20-2022-083, D20-2022-084 and D20-2022-085. 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:

D20-2022-019 – (Vacant lands) Balsam Lake Drive, Lots 2 and 4, RCP 566, 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 facilitate the re-creation of a lot that has merged on title. Section 7.2.1.1 of the Zoning By-law requires a minimum lot area of 25 hectares. The existing undersized parcel is 17.45 hectares; the severed parcel is 10.31 hectares, and the retained parcel is 7.14 hectares. The companion Consent application file number is D03-2022-009.

D20-2022-076 – 6 Cedarhurst Avenue, Part Lot 13, Concession 2 (being Lot 17, Plan 153), 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 raising of the existing dwelling for the construction of a basement. In addition to the Section 8.2 d) minimum front yard setback of 7.5 metres, Section 5.18.3 of the By-law requires an additional 10 metre setback from the centre of the road allowance; the existing reduced setback is +/- 4.13 metres from the front lot line, and +/- 8.7 metres from the centre of the road allowance.

D20-2022-078 – 181 McGuire Beach Road, Part Lot 2, Concession 6 (being Part Lot 11, Plan 336; and, Lot 11 A, Trent Canal Plan 2102A), 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 dwelling. Section 2.2 d) of the By-Law requires an interior side yard setback of 3 metres on one side and 1.2 metres on the other side; the existing setback on the east side is +/-1.4 metres (NE corner) and +/- 0.97 metres (SE corner) and the proposed setback for the addition on the west side is +/- 1.2 metres.

D20-2022-079 – 7 Lila Court, Lot 14, Concession 7 (being Lot 3, Plan 243), Geographic Township of Emily, Ward 8, 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 Emily Zoning By-law 96-30, as amended. The purpose and effect is to facilitate the reconstruction and enlargement of an existing boathouse. Sections 5.1 and 5.2 of the By-law do not permit accessory buildings or structures in the ‘EP’ Zone, the existing boathouse is located within the ‘EP’ Zone, and the proposed relief will recognize the continuation of this existing use. Relief is also sought from Section 3.1.5.2, which provides that on-land boat houses not project beyond the shore lot line; the existing boat house projects beyond the shore lot line.

D20-2022-080 – 22 Henry’s Road, Part Lot 20, Concession 3, Geographic Township of Verulam, Ward 3, 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 recognize the property’s existing residential use to facilitate the reconstruction and enlargement of an existing single detached dwelling and new detached accessory structure (garage) with frontage on an unassumed road. Section 19.2 c. ii. and 19.2 f. require a minimum front yard and rear yard depth of 10 metres, respectively. A single detached dwelling with front yard setbacks of +/- 4.5 metres (porch) and +/- 6.7 metres (dwelling), and a rear yard depth of +/- 8.7 metres is proposed. The existing dwelling will be demolished to facilitate the proposal which has an existing non-complying front yard setback of +/- 5.8 metres. Section 19.2 h. permits a maximum lot coverage of 10%, a maximum lot coverage of 18% is proposed.

D20-2022-081 – 3006 Victoria Road, North Part of Lot 7 and Part of Lot 8, Concession 1, (being Parts 4 and 7 to 43 on Reference Plan 57R9991; 81 Pine Villa Road, Unit 18, Condo Plan #25, Geographic Township of Laxton, 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 United Townships of Laxton, Digby, and Longford Zoning By-law 32-83, as amended. The purpose and effect is to facilitate a screened room addition to the existing modular dwelling unit. Section 13.2 g) of the By-law permits a maximum lot coverage of 30%; the proposed lot coverage is +/- 33.8%.

D20-2022-083 – 97 Meachin Drive, Part of Lot 12, Concession 7, (being Part 1 on Reference Plan 57R857), 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 request relief from Section 5.1.3 b. of the By-law, to permit the construction of a detached accessory structure (garage with Additional Residential Unit [ARU] located on the upper level) in the front yard, whereas the By-law permits such structures in the interior side yard and rear yard only.

D20-2022-084 – 34 Joseph Street, South Part of Lot 9 w/s Joseph Street, 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 facilitate the raising of the existing dwelling for the construction of a basement. Section 5.2 c) of the By-law requires a front yard setback of 7.5 metres; the existing setback is +/- 6.62 metres.

D20-2022-085 – Highway 35 and Colborne Street West, OPS Concession 4 PT W Half Lot 22 RP 57R6839 PT Part 3, 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 request relief from:

• Section 16.3.10 j.v. to reduce the required parking ratio for ‘Building A’ from 1 space per 20 square metres of gross floor area to 1 space per 30 square metres of gross floor area, and to exempt the ancillary garden centre from the requirement for any parking to permit the construction of a new commercial building on ‘Parcel A’ of the property;
• Section 16.3.10 j.ii. to reduce the exterior side yard setback for ‘Building B’ from 9.1 metres to 9.0 metres to permit the construction of a new retail commercial building on ‘Parcel B’ of the property;
• Section 16.2 j. to increase the maximum gross leasable floor area of a single retail commercial use for ‘Building B’ from 3,000 square metres to 3,233 square metres to permit the construction of a new retail commercial building on ‘Parcel B’ of the property;
• Section 16.3.10 j.ii. to reduce the exterior side yard setback for ‘Restaurant D’ from 9.1 metres to 9.0 metres to permit the construction of a new restaurant building on ‘Parcel B’ of the property; and
• Section 16.3.10 j.ii. to reduce the exterior side yard setback for ‘Building E’ from 9.1 metres to 9.0 metres to permit the construction of a new retail commercial building on ‘Parcel C’ of the property.

All of the above to facilitate the construction of a new large format retail commercial centre.

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

Additional Information relating to these proposals may be obtained from (Leah Barrie – D20-2022-019), (Megan Peck- D20-2022-079, 080 and 083), (Katherine Evans – D20-2022-076, 078, 081, 084) and (Ian Walker – D20-2022-085) 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 (December 1, 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 (November 30, 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 (November 30, 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 (December 1, 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 17th Day of November, 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