City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20250710

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.

The Committee of Adjustment webcast is available through the City of Kawartha Lakes livestream at: www.youtube.com/c/CityofKawarthaLakes.

Video and/or audio recording is not permitted during Council or Committee of Council meetings, pursuant to Trespass to Property Act, R.S.O. 1990, c. T.21.

Take notice, that the Committee of Adjustment of the City of Kawartha Lakes will hold a Public Meeting on July 24, 2025 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2025-027, D20-2025-056, D20-2025-057, D20-2025-058, D20-2025-059, D20-2025-060, D20-2025-061, D20-2025-062, D20-2025-063, D20-2025-064, D20-2025-065 and D20-2025-066. 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:

D20-2025-027 – Part Lot 21, Concession 12, 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 a one-storey single detached dwelling, as well as recognize an existing shed. Relief is requested from the Section 12.2.1.3.e. of the Zoning By-law which requires a minimum 30 metre water setback, the proposed water setback from the dwelling is +/- 15.1 metres and the existing shed is +/- 22.7 metres.

D20-2025-056 – 46 Birch Glen Drive, Part Lot 16, Concession 7, Lot 13 of Plan 184, 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 construction of a new deck connecting the existing dwelling and boathouse. Relief is requested from section 5.2.f of the Zoning By-law which requires a 15 metre water setback, the proposed water setback is +/- 9.5 metres.

D20-2025-057 – 2 Omega Road, Lot 38, Part Public Road, Plan 223, 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 By-law 12-95, as amended. The purpose and effect is to facilitate the construction of a detached garage that contains an Additional Residential Unit (ARU) by seeking relief from the following provisions:

1. Section 13.2.1.3.a of the Zoning By-law requires a minimum front yard setback of 7.5 metres; the proposed setback is +/- 2.2 metres;
2. Section 3.1.2.1 of the Zoning By-law requires an accessory structure or building to be located within the rear or interior yard; the proposed structure is located in the front yard;
3. Section 3.1.3.1 of the Zoning By-law permits a lot coverage for accessory structures of 8% of the lot area to a maximum of 225 square metres; the proposed is a lot coverage of +/- 8.4%; and,
4. Section 3.22.vi of the Zoning By-law requires a minimum lot area of 0.4 hectares (4,000 square metres) to permit an Additional Residential Unit (ARU) on a lot with private services; the existing lot area is +/- 0.27 hectares (+/- 2,684.70 square metres).

D20-2025-058 – 76 Coldstream Road, Part Lot 32, Concession 8 (Part Park Lot 6 of Plan 115, being Part 1 of Reference Plan 57R-3292), Geographic Township of Fenelon, Ward 2 - 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 a new boathouse and recognising the relocation of an existing shed. Relief is requested from section 10.2.1.3.c of the Zoning By-law which requires a minimum 7.5 metre exterior side yard setback, the proposed setback of the boathouse is +/- 1.5 metres and the existing setback of the shed is +/- 3.4 metres.

D20-2025-059 – 23 Rockside Lane, Part Lot 3, Concession 4, 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 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 Zoning By-law permits accessory buildings and structures within the  side or rear yard; the proposed garage is to be located in the front yard; and, 
2. Section 14.1.c.ii of the Zoning By-law permits a maximum height of 5 metres for accessory buildings or structures in a residential zone or to a residential use; the proposed height is +/- 5.33 metres.

D20-2025-060 – 121 Robin Road, Part Northerly ½ Lot 6, Concession 4, 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 By-law 12-95, as amended. The purpose and effect is to facilitate the construction of a two-storey garage by seeking relief from Section 3.1.3.2 of the Zoning By-law which permits a maximum height of 5 metres for an accessory structure or building; the proposed height is +/- 8.5 metres.

D20-2025-061 – 73 Kenrei Road, Part Lot 1, Concession 4 (being Parts 1 and 2 on 57R-8137), 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 a detached garage that is to contain an Additional Residential Unit (ARU) in the future by seeking relief from the following provisions:

1. Section 3.1.2.1 of the Zoning By-law permits accessory structures in the interior side or rear yard; the proposed garage/ARU is to be located in the front yard; and,
2. Section 3.1.3.2 of the Zoning By-law permits a maximum height for accessory structures of 5 metres; the proposed height is +/- 5.3 metres.

D20-2025-062 – 84 Adelaide Street South, Part Park Lot K, Plan 8P, former Town of Lindsay, Ward 7, 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 Lindsay Zoning By-law 2000-75, as amended. The purpose and effect is to facilitate the construction of a solar panel structure by seeking relief from the following provisions:

1. Section 5.2.b.i of the Zoning By-law requires a minimum exterior side yard setback of 4 metres; the proposed setback is +/- 3.17 metres;
2. Section 11.3.11.g of the Zoning By-law requires a maximum lot coverage of 25%; the proposed lot coverage is +/- 26%.

D20-2025-063 – 81 Clifford Drive, Part Lot 11, Concession 4, 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 By-law 6-87, as amended. The purpose and effect is to facilitate the construction of a detached garage by seeking relief from Section 5.1.3.b of the Zoning By-law, which permits accessory buildings or structures to be located within the interior side yard or rear yard; the proposed garage is to be located in the front yard.

D20-2025-064 – 916 County Road 121, Part Lot 25, Concession 1 East, 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 facilitate the construction of an agricultural building. Relief is requested from Section 19.2.e.i of the Zoning By-law, which requires a 30 metre interior side yard setback; the proposed side yard setback of the agricultural building is +/- 10.7 metres.

D20-2025-065 – 344 – 348 Kent Street West, Part Lot 21, Concession 4 (formerly Ops), being Part of Part 1 of Reference Plan 57R-4940, 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 facilitate the construction of two commercial buildings, which includes a drive-through quick service restaurant and a drive-through automotive lube shop. Relief is requested from the following provisions of the Zoning By-law:

1. Section 5.12 of the Zoning By-law requires 1 parking space per 11 square metres of gross floor area for an eating establishment (restaurant) which equals 27 parking spaces based on the size of the proposed restaurant; +/- 22 parking spaces are proposed for the restaurant;
2. Section 5.14 of the Zoning By-law requires a minimum landscaped buffer based on the subject applicable zone and abutting zone:
   
   a. Section 5.1.4.b. states where a Commercial Zone abuts a Community Facility Zone, a landscaped strip of land not  less than 1.8 metres in width with an opaque wood fence not less than 1.8 metres in height, shall be situated        adjacent to the landscaped strip. The applicable yard (rear yard) provides +/- 0.18 metres of landscaping buffer    with an opaque wood fence;
   
   b. Section 5.14.c. states in a Commercial Zone, a landscaped strip of a minimum with of 1.8 metres shall be required in yards that do not abut a Residential of Community Facility Zone. The applicable yards landscaped buffer is +/- 1.63 metres (east side yard) and is +/- 1.12 metres (west side yard).
   
   
3. Section 16.2.c. of the Zoning By-law requires a minimum 15 metre front yard setback, the proposed front yard setback from the restaurant is +/- 10.4 m; and,
4. Section 16.2.e of the Zoning By-law requires a minimum 4.5 metre interior side yard setback, the proposed interior side yard setback is +/- 2.0 metres (east) and +/- 7.0 metres (west).

D20-2025-066 – Part Lot 25, Concession 3, Lots 18 to 20 of Plan 171, 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 recognition of a detached garage currently under construction. Relief is requested from Section 3.1.3.2 of the Zoning By-law which permits a maximum 5 metre height for accessory structures, the height of the existing detached garage is +/- 7.42 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, Ahmad Shahid and Shayan Okhowat) 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 (July 23 2025) 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 (July 23, 2025).

• 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 (July 24, 2025) 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.
• Health, Safety and Medical Masks: The health and safety of our community and staff is our top priority. Wearing a medical mask or non-medical face covering before entering the office is optional. 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.

•    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 10th Day of July 2025.

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