City of Kawartha Lakes Committee of Adjustment Notice of Public Hearing for Minor Variance 20250814

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 August 28, 2025 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2025-041, D20-2025-065, D20-2025-067, D20-2025-069, D20-2025-070, D20-2025-071, D20-2025-072, D20-2025-073, D20-2025-074, D20-2025-075. 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:

D20-2025-041 – 102 Lindsay Street, Lot 74, Plan 25, former Village of Fenelon Falls, 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 Village of Fenelon Falls By-law 89-25, as amended. The purpose and effect is to recognize an existing covered patio and planter boxes. Relief is requested from the following provisions:

1. Section 4.10.3.c.i of the Zoning By-law requires a 12 metre minimum front yard setback; the existing front yard setback is +/- 3.03 metres from the covered patio and +/- 0.90 metres from the planter boxes; and,
2. Section 4.10.3.e of the Zoning By-law requires a 22 metre minimum setback from the street centreline; the existing street centreline setback is +/- 13.56 metres from the covered patio and +/- 11.46 metres from the planter boxes.

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:
   • 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;
   • 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).

D20-2025-067 – Queen Street North, Lot 1 to 2 South Side of Wood Street, 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 facilitate the severance of the property to create one (1) new residential building lot. The Minor Variance is being processed as a result of a condition pertaining to Consent application D03-2023-064. Relief is requested from the following Sections of the Zoning By-law:

1. Section 8.2.1.1.b. of the Zoning By-law requires a minimum lot area of 830 square metres, the proposed lots areas are +/- 813.3 square metres (retained) and +/- 748.4 square metres (severed);
2. Section 8.2.1.3.a. of the Zoning By-law requires a minimum 7.5 metre front yard setback, the proposed front yard setback on the severed lot is +/- 5.2 metres; and,
3. Section 8.2.1.3.c. of the Zoning By-law requires a minimum 4.5 metre exterior side yard setback, the proposed exterior side yard setback on the retained lot is +/- 1.3 metres (proposed deck) and +/- 2.5 metres (proposed dwelling).

D20-2025-069 – 465 Cheese Factory Road, Part Lot 26, Concession 11, Geographic Township of Ops, 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 Ops Zoning By-law 93-30, as amended. The purpose and effect is to facilitate the construction of a new primary dwelling and to recognize the existing dwelling as an Additional Residential Unit (ARU). Section 16.2 of the Zoning By-law requires a minimum exterior side yard setback of 15 metres; the exterior side yard setback for the existing dwelling (to be recognized as an ARU) is +/- 11.2 metres.

D20-2025-070 – 19 Pleasant Point Road, Lot 1, Plan 553, Part Lot 7, Concession A, 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 By-law 94-07, as amended. The purpose and effect is to facilitate the construction of an Additional Residential Unit (ARU). Relief is requested from Section 3.1.2.1 of the Zoning By-law, which requires an accessory structure, or building to be located within the rear or interior yard; the proposed structure is to be located in the front yard.

D20-2025-071 – 3 South Harbour Drive, Lot 74, Plan 632, former 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 recognition of an existing rear deck. Relief is requested from Section 5.2.e. of the Zoning By-law, which requires a minimum 7.5 metre rear yard setback; the existing setback is +/- 5.01 metres.

D20-2025-072 – 107 Woodworth Drive, Part of Lot 14, Concession 9 (being Lot 6 of Plan 363), 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 cabin. Relief is requested from Section 18.1.6.a. of the Zoning By-law, which states that a cabin may be permitted, provided the subject lot conforms to the minimum lot area and frontage requirements of the zone. The required minimum lot area and frontage of the applicable zone is 2,000 square metres and 30 metres, respectively. The subject property is 1,719.10 square metres in size and 30.48 metres in frontage along Woodworth Drive.

D20-2025-073 – 115 Fell Station Drive, Part Lot 19, Concession 1, 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 By-law 78-45, as amended. The purpose and effect is to facilitate the reconstruction of an attached deck. 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 +/- 8.54 metres.

D20-2025-074 – 359 Bury’s Green Road, Part Lot 13, Concession 1, 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 Somerville By-law 78-45, as amended. The purpose and effect is to facilitate the construction of a new primary dwelling, the conversion of the existing dwelling into an Additional Residential Unit (ARU), and the construction of a new detached garage by requesting relief from the following provisions:

1. Section 18.1.3.a of the Zoning By-law permits a maximum lot coverage of 225 square metres for accessory structures; the proposed lot coverage is +/- 235.34 square metres; and,
2. Section 18.1.3.b of the Zoning By-law permits a maximum height of 5 metres for accessory structures; the proposed garage has a height of +/- 5.5 metres.

D20-2025-075 – 8 Delamere Island, Part 1, Island, Geographic Township of Somerville, Ward 2, 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 Somerville Zoning By-Law 78-45 as amended. The purpose and effect is to facilitate the demolition of two existing boathouses and the construction of a new boathouse. The existing boathouses (circa 1950) hold a legal non-conforming status whereby the structures predate the Zoning By-law adopted in 1978, that zones the location of the existing boathouses and the proposed location of the new boathouse as Environmental Protection (EP) Zone, and Section 7.1 does not otherwise permit buildings or structures.

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, Shayan Okhowat, Cathy Lu and Violeta Manastirliu) 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 (August 27, 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 (August 27, 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 (August 28, 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.  
• 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 14th Day of August 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