The Kawartha Lakes Record

Committee of Adjustment

May 17, 2018

What was decided (14 motions)

12 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the meeting be approved as amended. Report COA2018-027 be moved to the end of the Minor Variance applications.
Moved by S. Strathdee, seconded by S. Richardson
Carried
That the minutes of the previous meeting held April 19th, 2018 be adopted as circulated.
Moved by S. Richardson, seconded by Councillor Seymour-Fagan
Carried
That Report COA2018-025 Richard & Margaret Barbe, be received; That the variances requesting relief from Sections 3.1.2.2, 3.1.3.1, 3.1.3.3, 3.18.1.1(a), 13.2.1.3(e), to reduce the water and Environmental Protection Zone setbacks from 30 and 15 metres respectively down to a total minimum of 8 metres to permit three residential accessory buildings (Sheds 1-3), reduce the interior side yard setback of a residential accessory building (Shed 1) from 1 metre to 0.3 metres, reduce the spatial separation between a residential accessory building (Shed 1) and deck attached to a dwelling to 1.6 metres, increase the accessory building lot coverage to 11%, and increase the number of permitted accessory buildings to 5 within minor variance application D20-2018-015 be DENIED, as the variances do not meet the four tests set out in Section 45(1) of the Planning Act; and That the variances requesting relief from Sections 13.2.1.3(b)(ii) to reduce the interior side yard setback from 5.5 metres to 3.7 metres for the vacation dwelling and deck, 13.2.1.3(e) to reduce the water setback from 30 metres to 24.2 metres (vacation dwelling) and 20.5 metres (attached deck), and 3.1.3.1 to increase the maximum accessory building lot coverage from 8% to 10.2% within minor variance application D20-2018-015 be GRANTED, as the variances meet the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the vacation dwelling and deck related to this approval shall proceed substan
Moved by B. Archer, seconded by S. Richardson
Carried
That minor variance application D20-2018-018 for be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-026, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; That prior to the issuance of a building permit for the proposed dwelling, the shed and bunkie located on the property be relocated on the property in a compliant manner at a minimum water setback of 30 metres. The bunkie shall also be located at a minimum distance of 7 metres from the vicinity of the new sewage system area; That prior to the issuance of an occupancy permit for the proposed dwelling, the shed located on the property be removed from the property; That notwithstanding the definition of rear yard, the granting of the variance for the reduced water setback will not be interpreted to permit the placement of any other accessory buildings between the rear wall of the dwelling and the water’s edge; and That prior to the issuance of a building permit the owner shall submit a floodplain topographic survey prepared by a Registered Ontario Land S
Moved by S. Strathdee, seconded by D. Marsh
Carried
That minor variance application D20-2018-020 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Condition: That a Site Plan Agreement for the proposed mini-storage warehouse use on the subject property be registered within a period of twenty four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This approval pertains to the application as described in report COA2018-027. Fulfillment of the condition is required for the Minor Variance to be considered final and binding.
Moved by S. Richardson, seconded by B. Archer
Carried
That minor variance application D20-2018-021 for be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the applicant amend the existing Site Plan Agreement with the City of Kawartha Lakes to address the operation of the seasonal garden centre. The parking reduction related to this approval shall proceed substantially in accordance with the sketch in Appendix “C” submitted as part of Report COA2018-028, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; and That a Site Plan Amendment related to the minor variance shall be completed within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon registration of an amending Site Plan Agreement. That the applicant amend the existing Site Plan Agreement with the City of Kawartha Lakes to address the merger with the vacant lands within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon registration of an amending Site Plan Agreement. This approval pertains to the application as described in report C
Moved by Councillor Seymour-Fagan, seconded by D. Marsh
Carried
That minor variance application D20-2018-022 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-029, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; That prior to the issuance of a Building Permit, the owner shall obtain all necessary permits required by Engineering. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from Engineering advising that the Municipal Service Connection Application process has been initiated and/or completed to its satisfaction; and That the building construction related to the minor variances shall be completed within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection either/or upon the issuance of an Occupancy Permit. This approval pertains to the application as described in report COA2018-029. Fulfillment of all conditions is required
Moved by Councillor Seymour-Fagan, seconded by B. Archer
Carried
Committee in support of the application, moved to Demolish the Barn and to keep the Easterly Boundary and the Northerly Boundary indicated by the dashed lines as referenced in Appendix E. Recorded (Voted) For Against L. Robertson X D. Marsh X Councillor Seymour-Fagan X B. Archer X S. Richardson X S. Strathdee X Results 2 4
Moved by D. Marsh, seconded by Councillor Seymour-Fagan The
Defeated
THAT consent application D03-17-027, being an application to sever approximately 1 hectare of residential land containing a dwelling and consolidate approximately 37 hectares of agricultural land with a non-abutting agricultural operation, be DENIED. THAT consent application D03-17-027, being an application to sever approximately 0.72 hectares of residential land containing a dwelling and consolidate approximately 37.28 hectares of agricultural land with a non-abutting agricultural operation, be GRANTED, approval subject to the standard provisional conditions for the consent as indicated in the Staff Report COA2018-030. The Committee has considered all written and oral submissions made to the Committee before making its decision to grant the provisional consent. Recorded (Voted) For Against L. Robertson X D. Marsh X Councillor Seymour-Fagan X B. Archer X S. Richardson X S. Strathdee X Results 4 2
Moved by B. Archer, seconded by S. Strathdee
Carried
That the meeting adjourned at 4.19 p.m.
Moved by D. Marsh, seconded by B. Archer
Carried
That minor variance application D20-2018-018 for be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the construction of the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-026, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; 2. That prior to the issuance of a building permit for the proposed dwelling, the shed and bunkie located on the property be relocated on the property in a compliant manner at a minimum water setback of 30 metres. The bunkie shall also be located at a minimum distance of 7 metres from the vicinity of the new sewage system area; 3. That prior to the issuance of an occupancy permit for the proposed dwelling, the shed located on the property be removed from the property; 4. That notwithstanding the definition of rear yard, the granting of the variance for the reduced water setback will not be interpreted to permit the placement of any other accessory buildings between the rear wall of the dwelling and the water’s edge; and 5. That prior to the issuance of a building permit the owner shall submit a floodplain topographic survey prepared by a Registered
Moved by S. Strathdee, seconded by D. Marsh
Carried
That minor variance application D20-2018-021 for be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the applicant amend the existing Site Plan Agreement with the City of Kawartha Lakes to address the operation of the seasonal garden centre. The parking reduction related to this approval shall proceed substantially in accordance with the sketch in Appendix “C” submitted as part of Report COA2018-028, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; and 2. That a Site Plan Amendment related to the minor variance shall be completed within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon registration of an amending Site Plan Agreement. 3. That the applicant amend the existing Site Plan Agreement with the City of Kawartha Lakes to address the merger with the vacant lands within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon registration of an amending Site Plan Agreement. This approval pertains to the application as described in
Moved by Councillor Seymour-Fagan, seconded by D. Marsh
Carried
That minor variance application D20-2018-022 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the construction of the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-029, which shall be attached to and form part of the Committee’s Decision. Any deviation from these specifications will require review by the City and may necessitate further approvals to be granted by the City and/or any other governing agency, body or authority, where applicable; 2. That prior to the issuance of a Building Permit, the owner shall obtain all necessary permits required by Engineering. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from Engineering advising that the Municipal Service Connection Application process has been initiated and/or completed to its satisfaction; and 3. That the building construction related to the minor variances shall be completed within a period of twelve (12) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection either/or upon the issuance of an Occupancy Permit. This approval pertains to the application as described in report COA2018- 029. Fulfillment of all conditions is
Moved by Councillor Seymour-Fagan, seconded by B. Archer
Carried
12 The Committee in support of the application, moved to Demolish the Barn and to keep the Easterly Boundary and the Northerly Boundary indicated by the dashed lines as referenced in Appendix E. Recorded For Against L. Robertson X D. Marsh X Councillor Seymour-Fagan X B. Archer X S. Richardson X S. Strathdee X Results 2 4
Moved by D. Marsh, seconded by Councillor Seymour-Fagan
Defeated

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