The Kawartha Lakes Record

Committee of Adjustment

July 19, 2018

What was decided (21 motions)

16 carried, 5 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the meeting be approved.
Moved by D. Marsh, seconded by S. Strathdee
Carried
That the minutes for the previous meeting held June 21, 2018 be adopted as amended.
Moved by S. Richardson, seconded by S. Strathdee
Carried
That minor variance application D20-2018-027 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the sunroom related to this approval shall proceed in accordance with the sketch in Appendix “D” and elevations in Appendix “F” submitted as part of Report COA2018-039, 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 building construction related to the minor variance shall be completed within a period of eighteen (18) 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 COA2018-039. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2018-028 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the single detached dwelling related to this approval shall proceed in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-040, 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 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 COA2018-040. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by B. Archer
Carried
That minor variance application D20-2018-029 be GRANTED, as the application meets 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 COA2018-041, 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 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; 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 COA2018-041. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by B. Archer, seconded by S. Richardson
Carried
That minor variance application D20-2018-031 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 residential 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 COA2018-042, 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 satisfying the requirements of the Building Division - Sewage System Program which demonstrates that the replacement sewage system will bring the property up to code requirements for on-site disposal. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Supervisor - Part 8 Sewage Systems advising that the replacement sewage system will be maintained at an appropriate setback distance from the proposed addition and garage as approved in relation to the minor variance. 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 o
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2018-032 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the sunroom and deck with stairs 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 COA2018-043, 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 COA2018-043. 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 D20-2018-033 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the 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, D03-17-031, lapses. This approval pertains to the application as described in report COA2018-044. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Strathdee, seconded by B. Archer
Carried
Committee in support of the application, moved to omit conditions 2 and 3 and add an MTO condition. Recorded (Voted) For Against L. Robertson X D. Marsh X B. Archer X S. Richardson X S. Strathdee X Results 2 3
Moved by D. Marsh, seconded by B. Archer The
Defeated
Committee motioned to deny the application. The Chair called for a second recorded vote. Recorded (Voted) For Against L. Robertson X D. Marsh X B. Archer X S. Richardson X S. Strathdee X Results 1 4
Moved by D. Marsh, seconded by S. Strathdee The
Defeated
Committee in support of the original application recommended by staff, with two amendments. Condition 2 to read (i) and (iii) or (ii) and (iii). Also to add condition 3 for an MTO requirement. That minor variance application D20-2018-003 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 substantially in accordance with the sketch in Appendix C and generally in accordance with the elevation and plan in Appendix D submitted as part of Report COA2018-037, 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 obtain an appropriate form of site plan approval to establish additional vegetation between the dwelling and Gull River through approval of a planting plan. The planting plan shall be created in accordance with options (i) and (iii), or (ii) and (iii) identified in Kawartha Region Conservation Authority’s comments dated May 10, 2018 in Appendix E to Report COA2018-037, which shall be attached to and form a part of the Committee’s Decision. The planting plan must be to the satisfaction of the Kawartha Region Conservation Authority and the City; That prior to the issuance of a building permit, the owner shall submit to the Secretary Treasurer a copy of the building and land use permit from the Ministry of Transportation (MTO); That the planting plan shall be complete
Moved by S. Richardson, seconded by B. Archer The
Carried
That the Committee has
Moved by S. Richardson, seconded by S. Strathdee
Deferred
That the Committee agreed to defer the application to the August 16, 2018 meeting to enable the applicant sufficient time to amend the application to include more information pertaining to the building permitting process.
Moved by D. Marsh, seconded by S. Strathdee
Carried
That the meeting adjourned at 3.43 p.m.
Moved by B. Archer, seconded by D. Marsh
Carried
That minor variance application D20-2018-027 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 sunroom related to this approval shall proceed in accordance with the sketch in Appendix “D” and elevations in Appendix “F” submitted as part of Report COA2018-039, 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 building construction related to the minor variance shall be completed within a period of eighteen (18) 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- 039. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. 4
Moved by D. Marsh, seconded by S. Richardson
Carried
5 That minor variance application D20-2018-028 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 single detached dwelling related to this approval shall proceed in accordance with the sketch in Appendix “C” and elevations in Appendix “D” submitted as part of Report COA2018-040, 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 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- 040. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by B. Archer
Carried
That minor variance application D20-2018-031 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 residential 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 COA2018-042, 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; 8 2. That prior to the issuance of a Building Permit, the owner shall obtain all necessary permits satisfying the requirements of the Building Division - Sewage System Program which demonstrates that the replacement sewage system will bring the property up to code requirements for on-site disposal. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Supervisor - Part 8 Sewage Systems advising that the replacement sewage system will be maintained at an appropriate setback distance from the proposed addition and garage as approved in relation to the minor variance. 3. 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
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2018-033 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the variance shall apply to the proposed severed and retained portions of the subject property; and 2. That this minor variance shall be deemed to be refused if the related Application for Consent, D03-17-031, lapses. 11 This approval pertains to the application as described in report COA2018- 044. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Strathdee, seconded by B. Archer
Carried
The Committee in support of the application, moved to omit conditions 2 and 3 and add an MTO condition. Recorded For Against L. Robertson X D. Marsh X Councillor Seymour-Fagan B. Archer X S. Richardson X S. Strathdee X Results 2 3
Moved by D. Marsh, seconded by B. Archer
Defeated
The Committee motioned to deny the application. The Chair called for a second recorded vote. Recorded For Against 13 L. Robertson X D. Marsh X Councillor Seymour-Fagan B. Archer X S. Richardson X S. Strathdee X Results 1 4
Moved by D. Marsh, seconded by S. Strathdee
Defeated
The Committee in support of the original application recommended by staff, with two amendments. Condition 2 to read (i) and (iii) or (ii) and (iii). Also to add condition 3 for an MTO requirement. That minor variance application D20-2018-003 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 substantially in accordance with the sketch in Appendix C and generally in accordance with the elevation and plan in Appendix D submitted as part of Report COA2018-037, 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 obtain an appropriate form of site plan approval to establish additional vegetation between the dwelling and Gull River through approval of a planting plan. The planting plan shall be created in accordance with options (i) and (iii), or (ii) and (iii) identified in Kawartha Region Conservation Authority’s comments dated May 10, 2018 in Appendix E to Report COA2018-037, which shall be attached to and form a part of the Committee’s Decision. The planting plan must be to the satisfaction of the Kawartha Region Conservation Authority and the City; 3. That prior to the issuance of a building permit, the owner shall submit to the Secretary Treasurer a copy of the building and land use permit from the Ministry of Transportation (MTO); 14 4. That the planting pla
Moved by S. Richardson, seconded by B. Archer
Carried

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