City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20230914

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 Committee of Adjustment webcast is available 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 September 28, 2023 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2023-067, D20-2023-068, D20-2023-069, D20-2023-070 and D20-2023-071. 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:

D20-2023-067 – 34 Victoria Avenue North, Part Lot 13, North of Wellington Street (being Part 1 on Reference Plan 57R5555), Geographic 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 extension of the existing front porch by requesting relief from the following provisions:

1. Section 7.2 c) of the By-law requires a minimum front yard setback of 7.5 metres; the existing non-complying setback of +/- 2.76 metres is to be maintained;
2. Section 7.2 e) of the By-law requires a minimum interior side yard setback of 1.25 metres; the proposed setback from the southern lot line is +/- 0.81 metres and will be consistent with the existing non-complying setback of the dwelling.

D20-2023-068 – 58 Cedar Avenue, Part Lot A, Concession 3 (being Part Lot 9 on Plan 185), 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 Additional Residential Unit (ARU) by seeking relief from the following provisions:

1. Section 3.1.2.1 of the By-law permits accessory structures in the interior side or rear yard; the ARU is proposed to be located in the front yard;
2. Section 3.22.1 vi) of the By-law requires a minimum lot area of 4,000 square metres to permit an ARU on a lot with private services; the existing lot area is +/- 2,751.86 square metres.

D20-2023-069 – 1449 Killarney Bay Road, Part Lot 26, Concession 4 (being Lot 15 on 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 demolition of the existing front porch, waterside deck, and a portion of the existing dwelling. A new porch and waterside deck will be constructed, and the demolished portion of the dwelling will be reconstructed with a larger footprint. A second storey will also be constructed. Relief is sought from the following provisions:

1. Section 15.2.1.3 b) of the By-law requires a minimum interior side yard setback of 3 metres on one side and 2.3 metres on the opposite side; the existing setback from the southern property line is +/- 2.3 metres and the proposed setback from the northern property line is +/- 2.7 metres; and
2. Section 15.2.1.3 e) of the By-law requires a minimum water setback of 15 metres; the proposed setbacks are +/- 7.2 metres from the proposed deck and +/- 9.7 metres from the dwelling.

D20-2023-070 – 21 Fox Beach Lane, Part Lots 19 and 20, Concession 4 (being Part Lots 1 and 2 on Reference Plan 57R4830), 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 the construction of a detached garage. Section 14.1 b) of the By-law permits accessory structures in the side or rear yard; the proposed garage is to be located in the front yard.

D20-2023-071 – 128 Fulsom Crescent, Part Lot 22, Concession 1 (being Lot 41 on Plan 429), 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 the construction of a detached garage by seeking relief from the following provisions:

1. Section 14.1 b) of the By-law permits accessory structures in the side or rear yard; the proposed garage is to be located in the front yard;
2. Section 14.1 b) of the By-law states that an accessory structure may not be erected closer to a street than the required front yard setback for the zone in which it is located. The subject property is within the Limited Service Residential (LSR) Zone and the minimum front yard setback is 7.5 metres; the proposed setback is +/- 5.5 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 (Katherine Evans) 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 (September 27, 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 (September 27, 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 (September 28, 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 14th Day of September, 2023.

Mark LaHay, Secretary-Treasurer

Committee of Adjustment, City of Kawartha Lakes

Lindsay Municipal Office, 180 Kent Street West,

Lindsay, Ontario K9V 2Y6

Telephone: 705-324-9411 Extension 1324