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Committee of Adjustment
April 19, 2018
What was decided (19 motions)
16 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.
That the agenda for the meeting be approved.
Moved by B. Archer, seconded by Councillor Seymour-Fagan
Carried
That the minutes of the previous meeting held March 15th, 2018 be adopted as circulated.
Moved by Councillor Seymour-Fagan, seconded by S. Strathdee
Carried
That minor variance application D20-17-042 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 substantially in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-018, which shall be attached to and form part of the Committee’s Decision; That prior to the issuance of a building permit, the owner shall submit to the Secretary Treasurer written confirmation from the Realty Services Division that a licence agreement has been entered into with respect to the encroaching fence within the Bond Street and Cambridge Street North Municipal Road Allowances; That prior to the framing inspection, the owner shall submit to the Building Division a certificate or plan prepared by an Ontario Land Surveyor that confirms that the dimensions of the setbacks proposed to the rear and flankage lot lines and to the pool conform to the requirements of the Zoning By-law and the variance granted by this Decision; and That the building construction related to this 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 completion of the first Building Inspection. This approval pertains to the application as described in report COA2018-018. Fulf
Moved by S. Richardson, seconded by B. Archer
Carried
That minor variance application D20-17-47 be GRANTED. as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the single detached dwelling related to this approval shall proceed substantially in accordance with the sketch in Appendix “C” and generally in accordance with the elevation in Appendix “D” submitted as part of Report COA2018-019, which shall be attached to and form part of the Committee’s Decision; 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. This approval pertains to the application as described in report COA2018-019. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by S. Strathdee
Carried
That minor variance application D20-2018-013 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 COA2018-020, 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 accessory structure shall not be used for human habitation, nor shall it be connected to water or septic facilities. Similar wording shall be placed on the required building permit; That as part of issuance of the building permit, there be a requirement that the green tent, and the steel storage container shall be removed from the property 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 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. This approval pertains to the application as described in report COA2018
Moved by S. Richardson, seconded by B. Archer
Carried
That minor variance application D20-2018-014 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the vacation dwelling related to this approval shall proceed substantially in accordance with the site grading plan in Appendix “C” and elevation in Appendix “D” submitted as part of Report COA2018-021, which shall be attached to and form part of the Committee’s decision; That notwithstanding the definition of Water Setback, an unenclosed deck is not permitted to extend an additional 4 metres into the 18 metre minimum water setback established by this variance; That the owners provide documentation satisfactory to the Chief Building Official or his/her designate demonstrating that the deck and stairs on the south side of the dwelling maintain a minimum setback of 4.88 metres from the hydro line depicted in Appendix “C” to Report COA2018-021; That the owners consult with the Kawartha Region Conservation Authority (KRCA) to create and implement a planting plan and/or other mitigation techniques within the rear yard to improve the general health of the shoreline. The owners shall carry out or cause to be
Moved by S. Strathdee, seconded by D. Marsh
Carried
That an amendment be made to support the 5 metre height.
Moved by D. Marsh, seconded by B. Archer
Defeated
That the original motion be amended to read 5.7 metres in height.
Moved by Councillor Seymour-Fagan, seconded by S. Richardson
Defeated
That the Committee proposed to grant relief #1 and #3 pertaining to accessory building location and front yard depth and deny relief #2 pertaining to accessory building height. That relief from Section 5.1.3(b) and Section 5.2(d) of minor variance application D20-2018-016 for be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. That relief from Section 5.1.5 of minor variance application D20-2018-016 be DENIED as the application does not meet the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the accessory 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 COA2018-023, 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 submit to the Secretary-Treasurer a revised proposal sketch and elevations showing the proposed garage as maintaining a maximum height of 5 metres in accordance with the by-law definition as “the mean level between eaves and ridge of a gabled, hip, gambrel or mansard roof, or other type of pitched roof”; and showing the Hydro line being relocated to a safer unobstructing location. This c
Moved by D. Marsh, seconded by S. Strathdee
Carried
That minor variance application D20-2018-017 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the storage shed 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 COA2018-024, 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 applicant acknowledge through the granting of this approval that the accessory structure shall not be used for human habitation, nor shall it be connected to water or septic facilities. Similar wording shall be placed on the required building permit; That prior to a final Building Inspection for the proposed storage shed, the steel container shall be removed from the property 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 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 final Building Inspection. This approval pertains to the application as described in report COA2018-024. Fulfillment of all condit
Moved by D. Marsh, seconded by S. Richardson
Carried
That on April 19 th , 2018 the Committee of Adjustment determined that the Consent Application D03-17-033, which proposes to sever an approximately 0.72 hectare residential lot (791 Cottingham Road) containing a single detached dwelling along with an accessory building and retain an approximately 39.75 hectare agricultural lot (795 Cottingham Road) containing a single detached dwelling, be GRANTED. The Committee has considered all written and oral submissions made to the Committee before making its decision to grant the provisional consent. The decision and the following set of conditions represent good planning. CONDITIONS OF PROVISIONAL CONSENT: This approval applies to the transaction as applied for. The owners shall apply for and obtain a change of use permit for the building identified as “Shed” on the sketches submitted with the application. The owners 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 prohibit more than one dwelling unit, and the By-law be in effect. Submit to the Secretary-Treasurer written confirmation from an experienced and qualified Agrologist that the application meets or exceeds the MDS 1/2 criteria. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the residential lot to be severed for review and endorsement and the subsequent registered reference plan of survey. Submit to the Secretary-Treasurer payment of all
Moved by D. Marsh, seconded by Councillor Seymour-Fagan
Carried
Mr. Holy said he will look into a Planner attending.
Moved by D. Marsh, seconded by S. Richardson
Carried
That the meeting adjourned at 3.58 p.m.
Moved by S. Richardson, seconded by D. Marsh
Carried
That minor variance application D20-17-042 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 4 1. That the construction of the detached garage related to this approval shall proceed substantially in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-018, which shall be attached to and form part of the Committee’s Decision; 2. That prior to the issuance of a building permit, the owner shall submit to the Secretary Treasurer written confirmation from the Realty Services Division that a licence agreement has been entered into with respect to the encroaching fence within the Bond Street and Cambridge Street North Municipal Road Allowances; 3. That prior to the framing inspection, the owner shall submit to the Building Division a certificate or plan prepared by an Ontario Land Surveyor that confirms that the dimensions of the setbacks proposed to the rear and flankage lot lines and to the pool conform to the requirements of the Zoning By-law and the variance granted by this Decision; and 4. That the building construction related to this 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 completion of the first Building Inspection. This approval pertains to the application as described in report COA
Moved by S. Richardson, seconded by B. Archer
Carried
That minor variance application D20-2018-013 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 COA2018-020, 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; 7 2. That the owner acknowledge through the granting of this approval that the accessory structure shall not be used for human habitation, nor shall it be connected to water or septic facilities. Similar wording shall be placed on the required building permit; 3. That as part of issuance of the building permit, there be a requirement that the green tent, and the steel storage container shall be removed from the property to the satisfaction of the Chief Building Official; and 4. That the building construction 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 completion of the first Building Inspection. This approval pertains to the application as described in
Moved by S. Richardson, seconded by B. Archer
Carried
8 That minor variance application D20-2018-014 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 vacation dwelling related to this approval shall proceed substantially in accordance with the site grading plan in Appendix “C” and elevation in Appendix “D” submitted as part of Report COA2018-021, which shall be attached to and form part of the Committee’s decision; 2. That notwithstanding the definition of Water Setback, an unenclosed deck is not permitted to extend an additional 4 metres into the 18 metre minimum water setback established by this variance; 3. That the owners provide documentation satisfactory to the Chief Building Official or his/her designate demonstrating that the deck and stairs on the south side of the dwelling maintain a minimum setback of 4.88 metres from the hydro line depicted in Appendix “C” to Report COA2018-021; 4. That the owners consult with the Kawartha Region Conservation Authority (KRCA) to create and implement a planting plan and/or other mitigation techniques within the rear yard to improve the general health of the shoreline. The owners shall carry out or cause to be
Moved by S. Strathdee, seconded by D. Marsh
Carried
10 That an amendment be made to support the 5 metre height.
Moved by D. Marsh, seconded by B. Archer
Defeated
That minor variance application D20-2018-017 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 storage shed 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 COA2018-024, 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 applicant acknowledge through the granting of this approval that the accessory structure shall not be used for human habitation, nor shall it be connected to water or septic facilities. Similar wording shall be placed on the required building permit; 3. That prior to a final Building Inspection for the proposed storage shed, the steel container shall be removed from the property to the satisfaction of the Chief Building Official; and 4. That the building construction 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 completion of the final Building Inspection. This approval pertains to the application as described in report COA2018- 024. Fulfillment
Moved by D. Marsh, seconded by S. Richardson
Carried
That on April 19th, 2018 the Committee of Adjustment determined that the Consent Application D03-17-033, which proposes to sever an approximately 0.72 hectare residential lot (791 Cottingham Road) containing a single detached dwelling along with an accessory building and retain an approximately 39.75 hectare agricultural lot (795 Cottingham Road) containing a single detached dwelling, be GRANTED. The Committee has considered all written and oral submissions made to the Committee before making its decision to grant the provisional consent. 14 The decision and the following set of conditions represent good planning. CONDITIONS OF PROVISIONAL CONSENT: 1. This approval applies to the transaction as applied for. 2. The owners shall apply for and obtain a change of use permit for the building identified as “Shed” on the sketches submitted with the application. 3. The owners 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 prohibit more than one dwelling unit, and the By-law be in effect. 4. Submit to the Secretary-Treasurer written confirmation from an experienced and qualified Agrologist that the application meets or exceeds the MDS 1/2 criteria. 5. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the residential lot to be severed for review and endorsement and the subsequent registered reference plan of survey. 6. Submit to the Secretary-Treas
Moved by D. Marsh, seconded by Councillor Seymour-Fagan