Committee of Adjustment

That the agenda for July 18, 2019 meeting be approved.

That consent application D03-2018-012, being an application to sever approximately 441 square metres of land, with the conditions of provisional consent substantially in the form attached as Appendix E1 to Report COA2019-047, be Granted . Conditions of Provisional Consent: This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. The owner of the proposed severed parcel and benefitting lot, being the retained lands of Application D03-2018-013, enter into a merger agreement, pursuant to Section 51(26) of the Planning Act, with the City of Kawartha Lakes to the effect that the parcel to be severed and the benefitting lot will henceforth be dealt with as one lot. The agreement shall be registered against both the severed and benefitting parcels. The owner shall apply for and pay the prescribed fee for the agreement. The registering solicitor shall undertake to register the agreement specified in Condition 3 on title to both parcels in priority to any other document or security commensurate with the registration of Transfer and shall also undertake to provide a copy of the registered agreement as conclusive evidence of the fulfillment of the undertaking. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be severed such that it be rezoned to permit residential accessory uses and apply any applicabl

That consent application D03-2018-013, being an application to sever approximately 15,000 square metres of residential land, with the conditions substantially in the form attached as Appendix E2 to Report COA2019-047, be Granted. Conditions of Provisional Consent: This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. That this application be deemed refused if the related application for consent, being file number D03-2018-012, lapses. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be severed such that it be rezoned to a residential zone category to unify and standardize any applicable development standards, and the By-law be in effect. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be retained such that it be rezoned to a Rural General Exception (RG-*) Zone category to permit its reduced lot area and lot frontage, and unify and standardize any applicable development standards, and the By-law be in effect. As part of the zoning by-law amendment application, the owner shall submit surveyor confirmation of the resultant frontage on Baseline Road to remain with the proposed retained lot as well as the area of the proposed retained lot. Submit to the Secretary-Treasurer written confirmation from

That consent application D03-2018-014, being an application to grant an easement over lands known Shadow Lake Road 16 to provide a rural backlot with shoreline access, with the conditions substantially in the form attached as Appendix E3 to Report COA2019-047, be Granted . Conditions of Provisional Consent: This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. This application be deemed refused if the related consent application, being file number D03-2018-013, lapses. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the easement(s) for review and endorsement and the subsequent registered reference plan of survey. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped. Payment to the City of Kawartha Lakes of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $225.00. Payment shall be by certified cheque, money order, or from a lawyers trust account. Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision. The owner shall pay all costs associated with the registration of the req

That consent application D03-2019-019, being an application to sever approximately 507.02 square metres of land, with the conditions substantially in the form attached as Appendix D to Report COA2019-048, be Granted . Conditions of Provisional Consent: This approval applies to the transaction applied for. The owner shall apply for, pay the prescribed fee, and obtain a variance for the lot to be severed and the lot to be retained such that the minimum lot frontage requirement be reduced from 15 metres to the 11.2 metres proposed in the application, and the variance be in effect. Submit to the Secretary-Treasurer written confirmation from the City’s Manager of Road Operations that an entrance permit would be available for the lot to be severed and the lot to be retained, or written confirmation that the applicant has satisfied the City’s requirements with respect to the two proposed entrances. Payment of cash-in-lieu of the dedication of parkland, equal to 5% of the appraised value of the land to be severed, as determined by an experienced and qualified land appraiser (CRA or AACI) as of the day before the day the provisional consent was given. The appraisal report shall accompany the cash-in-lieu payment. The City is not required to accept the appraisal report and reserves the right to peer‑review the appraisal report and negotiate the cash-in-lieu payment. Payment shall be made by certified cheque, money order, or from a lawyers trust account. Submit to the Secretary-Treasure

That minor variance application D20-2019-022 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the minor variance shall apply to the proposed severed and retained portions of the subject property; and That this minor variance shall be deemed to be refused if the related Application for Consent, D03-2019-019, lapses. This approval pertains to the application as described in report COA2019-031. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

That minor variance application D20-2019-028 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 C1 and elevations in Appendix D submitted as part of Report COA2019-041, 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 part of the Building Permit process, the owner shall obtain all necessary permits required to complete the sewage works. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer a Sewage System Permit issued for the proposed dwelling; and That the building construction related to the minor variances 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 COA2019-041. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

That relief requested from minor variance application D20-2019-030 be DENIED, as the application is not minor in nature, nor desirable and appropriate for the use of the land, nor in keeping with the general intent and purpose of the zoning by-law, as set out in the tests under Section 45(1) of the Planning Act.

That minor variance application D20-2019-031 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 shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-044, 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 the owner acknowledge through the granting of this approval that the detached garage shall not be used for human habitation. Similar wording shall be placed on the required building permit; That prior to the issuance of a building permit, the storage shed located in the front yard between the front (northerly) wall of the dwelling and the front lot line shall be removed from the property to the satisfaction of the Planning Department. The applicant shall provide photographs showing that the shed has been removed; 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 I

That minor variance application D20-2019-032 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. 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 COA2019-045, 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 from 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 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 COA2019-045. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

That this is further to the consideration of your application by the Committee of Adjustment on July 18, 2019. The Committee received the memorandum which proposed alterations to the building and landscape and has further

That minutes of the previous meeting held June 20, 2019 be adopted as circulated.

That consent application D03-2018-012, being an application to sever approximately 441 square metres of land, with the conditions of provisional consent substantially in the form attached as Appendix E1 to Report COA2019- 047, be Granted. Conditions of Provisional Consent: 1. This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. 2. The owner of the proposed severed parcel and benefitting lot, being the retained lands of Application D03-2018-013, enter into a merger agreement, pursuant to Section 51(26) of the Planning Act, with the City of Kawartha Lakes to the effect that the parcel to be severed and the benefitting lot will henceforth be dealt with as one lot. The agreement shall be registered against both the severed and benefitting parcels. The owner shall apply for and pay the prescribed fee for the agreement. 3. The registering solicitor shall undertake to register the agreement specified in Condition 3 on title to both parcels in priority to any other document or security commensurate with the registration of Transfer and shall also undertake to provide a copy of the registered agreement as conclusive evidence of the fulfillment of the undertaking. 4. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be severed such that it be rezoned to permit residential accessory uses and apply a

That consent application D03-2018-013, being an application to sever approximately 15,000 square metres of residential land, with the conditions substantially in the form attached as Appendix E2 to Report COA2019-047, be Granted. Conditions of Provisional Consent: 1. This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. 2. That this application be deemed refused if the related application for consent, being file number D03-2018-012, lapses. 3. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be severed such that it be rezoned to a residential zone category to unify and standardize any applicable development standards, and the By-law be in effect. 4. The owner shall apply for, pay the prescribed fee, and obtain an amendment to the Zoning By-law respecting the lot to be retained such that it be rezoned to a Rural General Exception (RG-*) Zone category to permit its reduced lot area and lot frontage, and unify and standardize any applicable development standards, and the By-law be in effect. As part of the zoning by-law amendment application, the owner shall submit surveyor confirmation of the resultant frontage on Baseline Road to remain with the proposed retained lot as well as the area of the proposed retained lot. 5. Submit to the Secretary-Treasurer written confirmation from the City’s

That consent application D03-2018-014, being an application to grant an easement over lands known Shadow Lake Road 16 to provide a rural backlot with shoreline access, with the conditions substantially in the form attached as Appendix E3 to Report COA2019-047, be Granted. Conditions of Provisional Consent: 1. This approval applies to the transaction applied for, subject to the minor revisions shown on the sketch dated November 20, 2018 attached to and forming part of this decision. 2. This application be deemed refused if the related consent application, being file number D03-2018-013, lapses. 3. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the easement(s) for review and endorsement and the subsequent registered reference plan of survey. 4. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped. 5. Payment to the City of Kawartha Lakes of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $225.00. Payment shall be by certified cheque, money order, or from a lawyers trust account. 6. Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision. 9 7. The owner shall pay all costs associated with the registration of the require

That consent application D03-2019-019, being an application to sever approximately 507.02 square metres of land, with the conditions substantially in the form attached as Appendix D to Report COA2019-048, be Granted. Conditions of Provisional Consent: 1. This approval applies to the transaction applied for. 2. The owner shall apply for, pay the prescribed fee, and obtain a variance for the lot to be severed and the lot to be retained such that the minimum lot frontage requirement be reduced from 15 metres to the 11.2 metres proposed in the application, and the variance be in effect. 3. Submit to the Secretary-Treasurer written confirmation from the City’s Manager of Road Operations that an entrance permit would be available for the lot to be severed and the lot to be retained, or written confirmation that the applicant has satisfied the City’s requirements with respect to the two proposed entrances. 4. Payment of cash-in-lieu of the dedication of parkland, equal to 5% of the appraised value of the land to be severed, as determined by an experienced and qualified land appraiser (CRA or AACI) as of the day before the day the provisional consent was given. The appraisal report shall accompany the cash-in-lieu payment. The City is not required to accept the appraisal report and reserves the right to peer‑ review the appraisal report and negotiate the cash-in-lieu payment. Payment shall be made by certified cheque, money order, or from a lawyers trust account. 5. Submit to the Sec

That minor variance application D20-2019-028 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 C1 and elevations in Appendix D submitted as part of Report COA2019-041, 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 part of the Building Permit process, the owner shall obtain all necessary permits required to complete the sewage works. This condition will be 15 considered fulfilled once the owner submits to the Secretary-Treasurer a Sewage System Permit issued for the proposed dwelling; and 3. That the building construction related to the minor variances 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- 041. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

That minor variance application D20-2019-029 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 C submitted as part of Report COA2019-042, which shall be attached to and form part of the Committee’s Decision; 2. That as part of the building permitting process, upon the complete construction of the addition, the frame shed located in the front yard between the western wall of the dwelling and the western property line shall be removed from the property to the satisfaction of the Planning Department. The applicant shall provide photographs showing that the shed has been moved; 3. That as part of the building permitting process, upon the complete construction of the addition, the two temporary storage structures located in the front and rear yards between the western wall of the dwelling and the western property line shall be removed from the property to the satisfaction of the Planning Department. The applicant shall provide photographs showing that the two storage structures have been removed or relocated in compliance with the by-law; and 17 4. 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 consi

That minor variance application D20-2019-031 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 shall proceed generally in accordance with the sketch in Appendix C and elevations in Appendix D submitted as part of Report COA2019-044, 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 the owner acknowledge through the granting of this approval that the detached garage shall not be used for human habitation. Similar wording shall be placed on the required building permit; 3. That prior to the issuance of a building permit, the storage shed located in the front yard between the front (northerly) wall of the dwelling and the front lot line shall be removed from the property to the satisfaction of the Planning Department. The applicant shall provide photographs showing that the shed has been removed; and 4. 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. 22