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Committee of Adjustment
January 9, 2025
What was decided (26 motions)
24 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
That Member L. Robertson assume the position of Chair of the Committee of Adjustment. All in favour.
Moved by S. Strangway, seconded by E. Finn
Carried
That Member S. Strangway assume the position of Vice-Chair of the Committee of Adjustment. All in favour.
Moved by E. Finn, seconded by B. Archer
Carried
That the agenda for January 9, 2025 be approved. All in favour.
Moved by B. Archer, seconded by S. Strangway
Carried
That the minutes of November 28, 2024 meeting be adopted as amended to remove the duplication of S.Richardson's name on page 10. All in favour.
Moved by S. Strangway, seconded by Councillor Yeo
Carried
That the minor variance application D20-2024-089 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-097, which shall be attached to and form part of the Committee’s Decision; That this approval shall be in effect for 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; That the direction of the downspouts located on the south side of the garage be reconfigured so they are not directed towards the interior side lot line within a period of three (3) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the provision of satisfactory photographic evidence to the Planning Administration ( [email protected] ) and including the Secretary-Treasurer that the downspouts have been reconfigured; and, That , prior to the issuance of a Building Permit, the applicant provide written confirmation from Kawartha Region Conservation Authority staff to the Secretary-Treasurer confirming whether a permit is required from Kawartha Region Conservation Authority and that any required permits/approvals from Kawartha Region Conservation Authority is obtained. This approval pertains to the application as described in report COA2024-097. Fulfillment of all conditions is required for the Minor Varian
Moved by B. Archer, seconded by G. Erickson
Carried
That the minor variance application D20-2024-096 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-104, which shall be attached to and form part of the Committee’s Decision; and, That 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 COA2024-104. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by S. Strangway, seconded by Councillor Yeo
Carried
That the minor variance application D20-2024-097 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-105, which shall be attached to and form part of the Committee’s Decision; and, That 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 COA2024-105. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by B. Archer, seconded by S. Strangway
Carried
That the minor variance application D20-2024-098 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-106, which shall be attached to and form part of the Committee’s Decision; and, That this approval shall be in effect for 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 approval pertains to the application as described in report COA2024-106. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by B. Archer, seconded by E. Finn
Carried
That the minor variance application D20-2024-099 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C and Appendix D submitted as part of Report COA2024-107, which shall be attached to and form part of the Committee’s Decision; and, That 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 COA2024-107. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by S. Strangway, seconded by E. Finn
Carried
That subject to the deletion of approval for Cottage # 5, the minor variance application D20-2024-100 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Discussion followed on approval for Cottage #5 being relocated similar to the proposed Cottages #2, #3 and #4 with A. Shahid and the applicant referring to restrictions of the Kawartha Region Conservation Authority not permitting new structures within the floodplain. Committee also discussed that if Cottage #5 is left in the current location that it have no second storey. The applicant proposed the addition of a condition that no windows be added to westerly side of the second storey addition on Cottage #5 and through the site plan approval process, further mitigating details be addressed. B. Archer preferred a condition is added for cottage #5 relating to having no windows if there is a second storey and providing buffering. Councillor Yeo and Chair Robertson both spoke in opposition indicating conditions restricting windows and improved buffering can be added to address the neighbour's concern. The Chair called for a recorded vote. Recorded vote: For: E. Finn, G. Erickson Opposed: B. Archer, E. Yeo, S. Strangway, L. Robertson
Moved by E. Finn, seconded by G. Erickson
Defeated
That Report COA2024-108 - 1000329376 Ontario Inc. be received. That minor variance application D20-2024-100 be GRANTED as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That building construction related to this Approval shall proceed generally in accordance with the sketch in Revised Appendix C submitted as part of Report COA2024-108, which shall be attached to and form part of the Committee’s Decision; That an elevation drawing be submitted as part of the building permit application detailing no windows on the western elevation of the proposed second storey of Cottage #5. This condition will be considered fulfilled upon the owner or applicant providing an elevation drawing of Cottage #5 to the Planning Administration ( [email protected] ) and including the Secretary-Treasurer; That appropriate screening be provided between Cottage #5 and the western neighbouring lot. This condition will be considered fulfilled upon the owner or applicant providing a landscape plan that illustrates an appropriate method of screening between Cottage #5 and the western neighbouring lot to the satisfaction of Planning Staff. The landscape plan shall be provided to the Planning Administration ( [email protected] ) and the Secretary-Treasurer. That 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
Moved by S. Strangway, seconded by B. Archer
Carried
That Item 3.1.10 COA2024-112 on the Agenda relating to 12 Kirkconnell Road be dealt with next. All in favour.
Moved by G. Erickson, seconded by E. Finn
Carried
That the minor variance application D20-2024-101 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-109 which shall be attached to and form part of the Committee’s Decision; and, That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2024-109. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by S. Strangway, seconded by Councillor Yeo
Carried
That the minor variance application D20-2024-103 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-111 which shall be attached to and form part of the Committee’s Decision; and, That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. That building construction proceed in compliance with Section 18.26.4 of the Zoning By-law and that and no building openings, being windows or doors, are installed below the Level of Flooding identified in the table in Appendix D plus 0.3 metres (1.0 ft.). This condition will be considered fulfilled upon Building and Septic Division staff providing confirmation to the Planning Administration ( [email protected] ) and including the Secretary-Treasurer that the proposal is in compliance with Section 18.26.4 of the Zoning By-law. This approval pertains to the application as described in report COA2024-111. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by B. Archer, seconded by G. Erickson
Carried
That the minor variance application D20-2024-104 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-112, which shall be attached to and form part of the Committee’s Decision; That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2024-112. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by B. Archer, seconded by S. Strangway
Carried
That the minor variance application D20-2024-105 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions : That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-113 which shall be attached to and form part of the Committee’s Decision; and, That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. That the two storage structures in Appendix D be removed within a period of twenty-four (24) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the owner providing photographic evidence to the Planning Administration ( [email protected] ) and including the Secretary-Treasurer that the storage structures have been removed. This approval pertains to the application as described in report COA2024-113. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by S. Strangway, seconded by E. Finn
Carried
That the meeting be adjourned at 3:43 p.m. All in favour.
Moved by Councillor Yeo, seconded by E. Finn
Carried
That the minor variance application D20-2024-089 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-097, which shall be attached to and form part of the Committee’s Decision; 2. That this approval shall be in effect for 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; 3. That the direction of the downspouts located on the south side of the garage be reconfigured so they are not directed towards the interior side lot line within a period of three (3) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the provision of satisfactory photographic evidence to the Planning Administration ([email protected]) and including the Secretary-Treasurer that the downspouts have been reconfigured; and, 4. That, prior to the issuance of a Building Permit, the applicant provide written confirmation from Kawartha Region Conservation Authority staff to the Secretary-Treasurer confirming whether a permit is required from Kawartha Region Conservation Authority and that any required permits/approvals from Kawartha Region Conservation Authority is obtained. This approval pertains to the application as described in report COA2024-097. Fulfillment of all conditions is required for the
Moved by B. Archer, seconded by G. Erickson
Carried
That the minor variance application D20-2024-096 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-104, which shall be attached to and form part of the Committee’s Decision; and, 2. That 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 8 refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2024-104. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by S. Strangway, seconded by Councillor Yeo
Carried
That the minor variance application D20-2024-099 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C and Appendix D submitted as part of Report COA2024-107, which shall be attached to and form part of the Committee’s Decision; and, 2. That 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 COA2024-107. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour. 12
Moved by S. Strangway, seconded by E. Finn
Carried
15 That subject to the deletion of approval for Cottage # 5, the minor variance application D20-2024-100 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Discussion followed on approval for Cottage #5 being relocated similar to the proposed Cottages #2, #3 and #4 with A. Shahid and the applicant referring to restrictions of the Kawartha Region Conservation Authority not permitting new structures within the floodplain. Committee also discussed that if Cottage #5 is left in the current location that it have no second storey. The applicant proposed the addition of a condition that no windows be added to westerly side of the second storey addition on Cottage #5 and through the site plan approval process, further mitigating details be addressed. B. Archer preferred a condition is added for cottage #5 relating to having no windows if there is a second storey and providing buffering. Councillor Yeo and Chair Robertson both spoke in opposition indicating conditions restricting windows and improved buffering can be added to address the neighbour's concern. The Chair called for a recorded vote. Recorded vote: For: E. Finn, G. Erickson Opposed: B. Archer, E. Yeo, S. Strangway, L. Robertson
Moved by E. Finn, seconded by G. Erickson
Defeated
1. That Report COA2024-108 - 1000329376 Ontario Inc. be received. 2. That minor variance application D20-2024-100 be GRANTED as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That building construction related to this Approval shall proceed generally in accordance with the sketch in Revised Appendix C submitted as part of Report COA2024-108, which shall be attached to and form part of the Committee’s Decision; 2. That an elevation drawing be submitted as part of the building permit application detailing no windows on the western elevation of the proposed second storey of Cottage #5. This condition will be considered fulfilled upon the owner or applicant providing an elevation drawing of Cottage #5 to the Planning Administration ([email protected]) and including the Secretary-Treasurer; 3. That appropriate screening be provided between Cottage #5 and the western neighbouring lot. This condition will be considered fulfilled upon the owner or applicant providing a landscape plan that illustrates an appropriate method of screening between Cottage #5 and the western neighbouring lot to the satisfaction of Planning Staff. The landscape plan shall be provided to the Planning Administration ([email protected]) and the Secretary-Treasurer. 4. That 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 s
Moved by S. Strangway, seconded by B. Archer
Carried
That the minor variance application D20-2024-102 be GRANTED as the application meets the tests set out in Section 45 (1) of The Planning Act. 20 That consent applications D03-2024-059, 060 and 061 be GRANTED, as the applications represent good planning, and are in accordance with Section 53(1) of The Planning Act. Conditions of Approval for Minor Variance 1. That development related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as pat of Report COA2024-110, which shall be attached to and form part of the Committee’s decision; and, 2. That development 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 approval pertains to the application as described in report COA2024-110. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. Conditions of Provisional Consent for each severed lot 1. Approval of consent application D03-2024-059 is contingent on approval of companion applications -060 and -061. 2. The owner shall submit to the Planning Administration ([email protected]) and including the Secretary-Treasurer one (1) copy of the preliminary reference plan of survey of the parcel to be severed, for review and endorsement, and the subsequent registered reference plan of survey; or, alternatively, the applicant’s solicitor or an Ontario L
Moved by G. Erickson, seconded by E. Finn
Carried
That the minor variance application D20-2024-103 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-111 which shall be attached to and form part of the Committee’s Decision; and, 2. That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. 3. That building construction proceed in compliance with Section 18.26.4 of the Zoning By-law and that and no building openings, being windows or doors, are installed below the Level of Flooding identified in the table in Appendix D plus 0.3 metres (1.0 ft.). This condition will be considered fulfilled upon Building and Septic Division staff providing confirmation to the Planning Administration ([email protected]) and including the Secretary-Treasurer that the proposal is in compliance with Section 18.26.4 of the Zoning By-law. This approval pertains to the application as described in report COA2024-111. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour. 24
Moved by B. Archer, seconded by G. Erickson
Carried
That the minor variance application D20-2024-104 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report 25 COA2024-112, which shall be attached to and form part of the Committee’s Decision; 2. That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2024-112. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.
Moved by B. Archer, seconded by S. Strangway
Carried
26 That the minor variance application D20-2024-105 be GRANTED, as the application meets the tests set out in Section 45 (1) of The Planning Act. Conditions: 1. That building construction related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2024-113 which shall be attached to and form part of the Committee’s Decision; and, 2. That 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. The condition will be considered fulfilled upon completion of the first Building Inspection. 3. That the two storage structures in Appendix D be removed within a period of twenty-four (24) months after the date of the Notice of Decision. This condition will be considered fulfilled upon the owner providing photographic evidence to the Planning Administration ([email protected]) and including the Secretary-Treasurer that the storage structures have been removed. This approval pertains to the application as described in report COA2024-113. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. All in favour.