The Kawartha Lakes Record

Committee of Adjustment

April 18, 2019

What was decided (18 motions)

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

That the agenda for April 18, 2019 meeting be approved.
Moved by S. Richardson, seconded by S. Strathdee
Carried
That the minutes for the previous meeting held March 21, 2019 be adopted as circulated.
Moved by S. Richardson, seconded by S. Strathdee
Carried
That the Minor Variance application D20-2019-009 be
Moved by S. Richardson, seconded by S. Strathdee
Deferred
That minor variance application D20-2019-015 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the detached garage related to this approval proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D to Report COA2019-023, which shall be attached to and form part of the Committees’ decision That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line and That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019-023. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2019-016 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 proceed substantially in accordance with the sketch in Appendix D to Report COA2019-024, which shall be attached to and form part of the Committees’ decision; That prior to the issuance of a building permit, the owner shall apply for and complete an Application for a Sewage System Permit with the Building Division – Part 8 Sewage Systems; That prior to the issuance of a building permit the owner acquires the necessary permissions from Kawartha Region Conservation Authority, pursuant to Ontario Regulation 182/06, as amended for the replacement dwelling, attached garage and associated septic system; That as part of the permitting process pursuant to Ontario Regulation 182/06, the owner works with Kawartha Region Conservation Authority Stewardship staff to develop and implement a shoreline plantings plan of native, non-invasive species to enhance the fish habitat buffer, as compensation for encroachment into the 30 metre fish habitat buffer and that Kawartha Region Conservation Authority provides confirmation that the planting plan has been implemented to their satisfaction within a period of twenty-four (24) months; and That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the date of the Notice
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2019-017 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the detached garage related to this approval proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D to Report COA2019-025, which shall be attached to and form part of the Committees’ decision; That within 24 months after the date of the Notice of Decision the owner shall submit to the Secretary-Treasurer written confirmation from the Building Division that the building identified on Appendix C to Report COA2019-025 as Shed has been removed; That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line; That prior to the issuance of a building permit the owner acquires the necessary permissions from the Kawartha Region Conservation Authority pursuant to Ontario Regulation 182/06, as amended for the detached garage; and That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in repor
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2019-018 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the attached garage to 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 COA2019-026, 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 as part of the building permitting process for the proposed attached garage, the frame shed located in the rear yard directly behind the location of the proposed development be relocated on the property in a compliant manner at a minimum setback of 1.3 metres from the southerly lot line to the satisfaction of the Chief Building Official; and That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019-026. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2019-019 seeking relief from Section 5.2(c) to reduce the minimum front yard requirement from 7.5 metres to 1.1 metres, be GRANTED, as this portion of the application meets the tests set out in Section 45(1) of the Planning Act; and That minor variance application D20-2019-019 seeking relief from Section 3.1(b) to reduce the minimum side yard requirement for an accessory building from 1.2 metres to 0.6 metres, be DENIED, as this portion of the application does not meet the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the detached garage 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 COA2019-028, 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 notwithstanding the sketch in Appendix C the construction of the detached garage shall be located at a minimum setback of 1.2 metres from the easterly side lot line. That the building construction related to the minor variance shall be completed 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 condition will be considered
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2019-020 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the detached garage related to this approval proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D to Report COA2019-029, which shall be attached to and form part of the Committees’ decision; That prior to the issuance of a building permit the owner shall submit a lot grading and drainage plan to the satisfaction of the Engineering and Corporate Assets Department. The owner shall provide to the Secretary-Treasurer written confirmation from the Engineering and Corporate Assets Department that the lot grading and drainage plan is satisfactory; and That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019-029. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2019-006 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the building construction and parking reduction related to this approval shall proceed substantially in accordance with the sketch in Appendix D submitted as part of Report COA2019-027, 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 as part of the building permitting process, the owner shall obtain a change of use permit to convert the lower level space of the building from a dwelling use to a restaurant use. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Building Division advising that the change of use permitting process has been completed and appropriate for the proposed development; That the owner shall apply for an easement with the City of Kawartha Lakes to rectify the area containing the proposed 7 parking stalls abutting the easterly lot line that encroaches onto the neighbouring property at 77 William Street 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; and That the applicant shall apply for a Site Plan Exemp
Moved by S. Richardson, seconded by L. Robertson
Carried
That the meeting be adjourned at 3:37pm.
Moved by S. Strathdee, seconded by S. Richardson
Carried
4 That the Minor Variance application D20-2019-009 be
Moved by S. Richardson, seconded by S. Strathdee
Deferred
That minor variance application D20-2019-016 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 proceed substantially in accordance with the sketch in Appendix D to Report COA2019-024, which shall be attached to and form part of the Committees’ decision; 2. That prior to the issuance of a building permit, the owner shall apply for and complete an Application for a Sewage System Permit with the Building Division – Part 8 Sewage Systems; 3. That prior to the issuance of a building permit the owner acquires the necessary permissions from Kawartha Region Conservation Authority, pursuant to Ontario Regulation 182/06, as amended for the replacement dwelling, attached garage and associated septic system; 4. That as part of the permitting process pursuant to Ontario Regulation 182/06, the owner works with Kawartha Region Conservation Authority Stewardship staff to develop and implement a shoreline plantings plan of native, non- invasive species to enhance the fish habitat buffer, as compensation for encroachment into the 30 metre fish habitat buffer and that Kawartha Region Conservation Authority provides confirmation that the planting plan has been implemented to their satisfaction within a period of twenty-four (24) months; and 7 5. That the building construction related to the minor variance shall be completed within a period of twenty-four (24) months after the
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2019-017 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 detached garage related to this approval proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D to Report COA2019-025, which shall be attached to and form part of the Committees’ decision; 2. That within 24 months after the date of the Notice of Decision the owner shall submit to the Secretary-Treasurer written confirmation from the Building Division that the building identified on Appendix C to Report COA2019-025 as Shed has been removed; 3. That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line; 4. That prior to the issuance of a building permit the owner acquires the necessary permissions from the Kawartha Region Conservation Authority pursuant to Ontario Regulation 182/06, as amended for the detached garage; and 5. That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as des
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2019-018 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 attached garage to the dwelling related to this approval shall proceed generally in accordance with the sketch in Appendix C 10 and elevations in Appendix D submitted as part of Report COA2019-026, 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 as part of the building permitting process for the proposed attached garage, the frame shed located in the rear yard directly behind the location of the proposed development be relocated on the property in a compliant manner at a minimum setback of 1.3 metres from the southerly lot line to the satisfaction of the Chief Building Official; and 3. That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 026. Fulfillment of all conditions is required for the Minor Variances to be considered fina
Moved by S. Richardson, seconded by S. Strathdee
Carried
1. That minor variance application D20-2019-019 seeking relief from Section 5.2(c) to reduce the minimum front yard requirement from 7.5 metres to 1.1 metres, be GRANTED, as this portion of the application meets the tests set out in Section 45(1) of the Planning Act; and 2. That minor variance application D20-2019-019 seeking relief from Section 3.1(b) to reduce the minimum side yard requirement for an accessory building from 1.2 metres to 0.6 metres, be DENIED, as this portion of the application does not meet the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the construction of the detached garage related to this approval shall proceed generally in accordance with the sketch in Appendix C and 12 elevations in Appendix D submitted as part of Report COA2019-028, 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 notwithstanding the sketch in Appendix C the construction of the detached garage shall be located at a minimum setback of 1.2 metres from the easterly side lot line. 3. That the building construction related to the minor variance shall be completed 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 condition w
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2019-020 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 detached garage related to this approval proceed substantially in accordance with the sketch in Appendix C and elevations in Appendix D to Report COA2019-029, which shall be attached to and form part of the Committees’ decision; 2. That prior to the issuance of a building permit the owner shall submit a lot grading and drainage plan to the satisfaction of the Engineering and Corporate Assets Department. The owner shall provide to the Secretary- Treasurer written confirmation from the Engineering and Corporate Assets Department that the lot grading and drainage plan is satisfactory; and 3. That the building construction related to the minor variance shall be completed 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 condition will be considered fulfilled upon completion of the first Building Inspection. 14 This approval pertains to the application as described in report COA2019- 029. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2019-006 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 16 1. That the building construction and parking reduction related to this approval shall proceed substantially in accordance with the sketch in Appendix D submitted as part of Report COA2019-027, 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 as part of the building permitting process, the owner shall obtain a change of use permit to convert the lower level space of the building from a dwelling use to a restaurant use. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Building Division advising that the change of use permitting process has been completed and appropriate for the proposed development; 3. That the owner shall apply for an easement with the City of Kawartha Lakes to rectify the area containing the proposed 7 parking stalls abutting the easterly lot line that encroaches onto the neighbouring property at 77 William Street 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; and 4. That the applicant shall apply for a
Moved by S. Richardson, seconded by L. Robertson
Carried

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