The Kawartha Lakes Record

Committee of Adjustment

September 20, 2018

What was decided (16 motions)

15 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the September 20, 2018 meeting be approved.
Moved by D. Marsh, seconded by B. Archer
Carried
​That the minutes for the previous meeting held August 16, 2018 be adopted as circulated.
Moved by S. Strathdee, seconded by S. Richardson
Carried
That minor variance application D20-2018-041 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the building construction to extend the partially enclosed sunroom related to this approval shall proceed substantially in accordance with the sketch in Appendix ‘C’ submitted as part of Report COA2018-055, which shall be attached to and form a 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 COA2018-055. 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 D20-2018-042 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 generally in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-056, 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, nor shall it be connected to water or septic facilities. Similar wording shall be placed on the required building permit; That as part of building permitting process, there be a requirement that the tool shed in the northerly interior side yard between the northern wall of the dwelling and the northerly interior side lot line, and the beer shed located in rear yard between the rear wall of the dwelling and the water’s edge shall be removed from the property to the satisfaction of the Chief Building Official upon the complete construction of the detached garage; 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
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2018-043 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Condition: That the construction of the addition related to this approval shall proceed substantially in accordance with the sketch in Appendix ‘C’ of Report COA2018-057, which shall be attached to and form a part of the Committee’s decision; 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 COA2018-057. Fulfillment of all conditions are required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by B. Archer
Carried
That minor variance application D20-2018-044 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the variance apply solely to the existing 24.8 square metre shed upon the proposed severed lot identified within Consent Application D03-16-001; That the shed cannot be used for human habitation nor may it be altered or replaced while the variance is in effect; and That the requested variance shall be deemed to be refused if the first Building Inspection for a single detached dwelling is not successfully completed within a period of thirty-six (36) months after the date of the Notice of Decision. This approval pertains to the application as described in report COA2018-058. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Richardson, seconded by D. Marsh
Carried
That minor variance application D20-2018-045 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 COA2018-059, 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 notwithstanding the definition of rear yard, the granting of the variance for the reduced water setback for the proposed dwelling will not be interpreted to permit the placement of any other accessory structure(s) between either the north wall of the proposed dwelling and the water’s edge, or between the west wall of the proposed dwelling and the water’s edge; That the proposed shed will be located on the property in a compliant manner at a minimum water setback of 15 metres; and That the owner shall work with the Kawartha Region Conservation Authority (KRCA) pertaining to the implementation of erosion and sediment controls during all the construction phases of the dwelling; That prior to the issuance of a Building Permit the owner shall submit an updated topographic survey/drawing showing all openings and finished floor elevations for the proposed d
Moved by S. Strathdee, seconded by B. Archer
Carried
That the Committee has
Moved by D. Marsh, seconded by S. Strathdee
Deferred
That consent application D03-2018-008, being an application to sever a 0.8 hectare vacant farm retirement lot and retain approximately 30.4 hectares of agricultural land with a single detached dwelling and barn, be DENIED. Recorded (Voted) For Against L. Robertson X D. Marsh X B. Archer X S. Richardson X S. Strathdee X Results 3 2
Moved by D. Marsh, seconded by S. Strathdee
Carried
That minor variance application D20-2018-040 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 COA2018-051, 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 notwithstanding the definition of front yard, the granting of the variance for the reduced setback will not be interpreted to permit the placement of any other structure or 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 COA2018-051. 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 the Committee respectfully encourages those involved relative to the building and approval timelines to consider a 24 month sunset clause.
Moved by D. Marsh, seconded by S. Richardson
Carried
That the meeting be adjourned at 4:17pm.
Moved by S. Richardson, seconded by D. Marsh
Carried
That minor variance application D20-2018-042 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 COA2018-056, 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, 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 building permitting process, there be a requirement that the tool shed in the northerly interior side yard between the northern wall of the dwelling and the northerly interior side lot line, and the beer shed located in rear yard between the rear wall of the dwelling and the water’s edge shall be 6 removed from the property to the satisfaction of the Chief Building Official upon the complete construction of the detached garage; 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 Noti
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2018-044 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the variance apply solely to the existing 24.8 square metre shed upon the proposed severed lot identified within Consent Application D03-16-001; 2. That the shed cannot be used for human habitation nor may it be altered or replaced while the variance is in effect; and 9 3. That the requested variance shall be deemed to be refused if the first Building Inspection for a single detached dwelling is not successfully completed within a period of thirty-six (36) months after the date of the Notice of Decision. This approval pertains to the application as described in report COA2018- 058. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Richardson, seconded by D. Marsh
Carried
That minor variance application D20-2018-045 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 COA2018-059, 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 notwithstanding the definition of rear yard, the granting of the variance for the reduced water setback for the proposed dwelling will not be interpreted to permit the placement of any other accessory structure(s) between either the north wall of the proposed dwelling and the water’s edge, or between the west wall of the proposed dwelling and the water’s edge; 3. That the proposed shed will be located on the property in a compliant manner at a minimum water setback of 15 metres; and 4. That the owner shall work with the Kawartha Region Conservation Authority (KRCA) pertaining to the implementation of erosion and sediment controls during all the construction phases of the dwelling; 5. That prior to the issuance of a Building Permit the owner shall submit an updated topographic survey/drawing showing all openings and finished floor elevations for
Moved by S. Strathdee, seconded by B. Archer
Carried
That consent application D03-2018-008, being an application to sever a 0.8 hectare vacant farm retirement lot and retain approximately 30.4 hectares of agricultural land with a single detached dwelling and barn, be DENIED. Recorded For Against L. Robertson X D. Marsh X Councillor Seymour-Fagan B. Archer X S. Richardson X S. Strathdee X Results 3 2
Moved by D. Marsh, seconded by S. Strathdee
Carried

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