City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20230209

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. To attend in person, seating is limited. You must reserve a seat with the Recording Secretary to be able to attend City Hall in person. Please email cofa@kawarthalakes.ca to reserve your seat. If you have not received a confirmation email from the Planning Division, Recording Secretary that a seat has been reserved for you, you do not yet have a seat reserved for you.

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 February 23, 2023 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2023-001, D20-2023-002, D20-2023-003, D20-2023-004, D20-2023-005, D20-2023-006, D20-2023-007, D20-2023-009, D20-2023-010 and D20-2023-011. 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:

D20-2023-001 – 94 Jasper Drive, Lot 7, Plan 213 (Being Part 2 on Reference Plan 57R9379), Geographic Township of Fenelon, 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 Fenelon Zoning By-law 12-95, as amended. The purpose and effect is to facilitate the construction of an attached sunroom. Section 13.2.1.3 e) of the By-law requires a water setback of 15 metres; the proposed setback is +/- 13.14 metres.

D20-2023-002 – 161 Lindsay Street South, Part Park Lot G1, West of Lindsay Street, Geographic Town of Lindsay, Ward 7, 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 Town of Lindsay Zoning By-Law 2000-75, as amended. The purpose and effect is to request permission to continue and enlarge a legal non-conforming use (single detached dwelling), to facilitate construction of a new single detached dwelling, and two (2) Additional Residential Units (ARUs). The application is to provide relief from Section 5.11 j) x. of the By-law, which permits no more than 30% of the total lot area to be occupied by open parking spaces, driveways, and vehicle movement areas. An area equal to +/-36% of the lot area is proposed for open parking spaces, driveways, and vehicle movement areas.

D20-2023-003 – 71 Falls Bay Road, Part of Lot 8, Concession 19 (Being Part Block A, Plan 521;  Part 3 on Reference Plan 57R4522), 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 renovation and conversion of the existing garage to a single detached dwelling with second storey deck. The application is to provide relief from the following zone provisions:

1. 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 setbacks are +/- 2.81 metres from the front lot line and +/- 9.03 metres from the centre of the road allowance
2. Section 8.2 g) – the minimum rear yard setback of 7.5 metres; the existing setback is +/- 3.01 metres from the rear lot line
3. Section 8.2 n) – the minimum water setback of 15 metres; the proposed setback is +/- 13.57 metres from the water.

D20-2023-004 – 13 Fieldview Drive, Part Lot 16, North West Bay Range, 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 demolition of the existing one storey single detached dwelling and the construction of a new two storey single detached dwelling on the same footprint. Section 3.11.1 requires a minimum lot area of 800 square metres; the existing lot area is +/- 485.62 square metres.

D20-2023-005 – 3015 County Road 36, West Part Lot 10, Concession 9 (Being Part 3 on Reference Plan 57R441), 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 construction of a shed. Section 5.1.3 b) of the By-law permits accessory structures in residential zones to be located within the interior side or rear yards; the proposed location of the shed is the front yard.

D20-2023-006 – 626 Drum Road, Part of Lot 11, Concession 2 (Being Lot 8 on Plan 14), Geographic Township of Manvers, Ward 8, now in the City of Kawartha Lakes - To consider relief under Sections 45(1) and 45(2) 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 severance of the property to create three (3) new residential lots, with one (1) retained residential lot (companion Consent application file numbers D03-2021-015, D03-2021-016, D03-2021-017). Relief is requested to permit proposed reduced lot frontage, to recognize existing non-complying setbacks, to permit accessory structures to remain on a lot absent a primary use, and, to permit the enlargement of an existing non-conforming dwelling.

1. Section 13.2 b) requires a minimum lot frontage of 38 metres for properties on private services; the proposed lot frontage is +/- 26.03 metres; +/- 28.9 metres; and, +/- 31.08 metres.
2. Section 13.2 c) requires a minimum front yard setback of 15 metres (dwelling); the existing setback is +/- 3.14 metres; and, +/- 6.93 metres.
3. Section 13.2 f) requires a minimum side yard setback of 3 metres (dwelling); the existing setback is +/- 1.8 metres.
4. Section 13.2 i) requires a minimum dwelling unit area of 100 square metres; the existing dwelling unit area is +/- 82 square metres.
5. Section 13.2 k) permits a maximum of 1 dwelling unit per lot; as a result of the severance, there would be 2 existing dwelling units remaining on the lot.
6. Section 5.1 b) iv) requires a front yard setback of 15 metres (accessory structure); the existing setback is +/- 0.61 metres.
7. Section 3 defines an accessory building as a separate and subordinate building or structure on the same lot as the main building devoted exclusively to an accessory use; as a result of the severance, the existing accessory buildings would temporarily remain as stand-alone structures without a main use until new dwellings are constructed.

D20-2023-007 – 57 Trinity Drive, Part of Lot 15, Concession 4 (Being Part of Lot 2 and Part of Right of Way on Plan 208, Part 1 on Reference Plan 57R7311, and Parts 12 and 27 on Reference Plan 57R9731), 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 permit an enlargement (via building addition) of an existing private cabin. Section 5.16 of the By-law permits a private cabin with a maximum dwelling unit area of 38 square metres; a private cabin dwelling unit area of +/-101.54 square metres is proposed. Section 5.1.5 of the By-law permits a maximum height of 5 metres for accessory structures in a residential zone. An accessory structure (private cabin) with a height of +/- 8.69 metres is proposed.

D20-2023-009 – 217 Hillside Drive, Part Lot 13, Concession 6 (Being Part of Block F on Plan 104), 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 completion of a residential re-development. Section 2.2 j. of the By-law requires a minimum side yard setback of 3 metres; a side yard setback of +/-1.58 metres has been constructed. Section 18.1.2 a. of the By-law permits an accessory structure in the interior side and rear yards only; two (2) of the proposed remaining accessory structures (sheds) are located in the front yard.

D20-2023-010 – 2308 Thurstonia 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 facilitate the construction of a single detached dwelling. Section 8.2 g. of the By-law requires a minimum rear yard setback of 7.5 metres; rear yard setbacks of +/- 1.50 metres (dwelling south-east corner), +/- 1.92 metres (dwelling north-east corner), and +/- 2.03 metres (dwelling upper deck) are proposed.

D20-2023-011 – 788 and 790 Indian Point Road, Part of Lot 3, North West Bay Range (Being Lot 29 on Plan 387), 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 construction of an accessory structure (detached garage). Section 3.1.3.1 of the By-law permits an accessory structure lot coverage up to a maximum of 225 square metres; a maximum accessory building lot coverage of +/- 296.3 square metres is proposed. Section 3.1.3.2 of the By-law permits accessory buildings with a maximum height of 5 metres; an accessory building height of +/- 6.56 metres is proposed.

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 (Katherine Evans and Megan Peck) during regular office hours.

How to Participate in the Public Hearings

• 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 (February 22, 2023) 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 (February 22, 2023).

• 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 (February 23, 2023) 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.

Persons Wishing to Make Representations In Person

• The Meeting starts at 1:00pm. Please arrive early so that you do not interrupt a meeting in progress.  
• Do not bring any additional guests with you who have not registered with the Planning Division, Recording secretary, for in-person attendance. There is limited seating being provided in Council Chambers
• Please enter at the Colborne Street Doors of City Hall (26 Francis Street, Lindsay).
• Bring any speaking notes with you. If you can send them at least one hour in advance of the meeting, we can circulate them to the committee prior to the meeting. Please email any notes to cofa@kawarthalakes.ca
• To speak at the podium, you must press the button at the base of the microphone. This will turn the microphone red, which means it’s on, and all in the room, and those online can hear you.
• COVID-19 Screening and Medical Masks: The health and safety of our community and staff is our top priority. City Policy states that wearing a medical mask or non-medical face covering before entering the office is optional. The Council Chambers podium will not have a clear barrier, however, for accessibility purposes for people watching online, it is our preference that those speaking at the podium remove their mask temporarily. We also ask that you:
  • Practice physical distancing when possible.
  • Use the hand sanitizer that is provided for you.
  • Stay at home if you are experiencing COVID-19 related symptoms.
  • Respect others rights to wear a face mask.
  • Do not attend the meeting if you:
    • Currently have a fever, onset of a new cough and/or shortness of breath, decrease of taste/smell, or been tested positive for COVID-19 within the last 10 days
    • Have been in close contact (within 6 feet) with a confirmed case of COVID-19 within the last 10 days, or who is currently experiencing any of the above symptoms

Have travelled outside of Canada in the last 14 days and have been asked to quarantine.

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

The Secretary-Treasurer shall send one copy of the decision to each person who appeared in person or by counsel at the hearing and who filed with the Secretary-Treasurer a written request for notice of the decision.

Accessible formats and communication supports are available, upon request.

Dated at the City of Kawartha Lakes this 9th Day of February, 2023.

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