Committee of Adjustment

That the agenda for the November 29, 2018 meeting be approved.

​ That the minutes for the previous meeting held November 8, 2018 be adopted as circulated.

THAT minor variance application D20-2018-049 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 addition 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 COA2018-065, 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 for the proposed dwelling, the shed located on the property be removed or relocated on the property in a compliant manner at a minimum water setback of 15 metres to the satisfaction of the Chief Building Official; That notwithstanding the definition of rear yard, the granting of the variance for the proposed dwelling will not be interpreted to permit the placement of any other accessory structure between the rear wall of the dwelling and the water’s edge in a non-compliant manner below the minimum water setback requirement of 15 metres; 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

That minor variance application D20-2018-054 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the accessory buildings related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2018-071, 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 shall remove the shed located adjacent to the main dwelling in the front yard to the satisfaction of the Chief Building Official. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Chief Building Official advising that the said shed has been removed to his/her satisfaction under the Ontario Building Code; That notwithstanding the definition of front yard, the granting of the variance for the location of the school portable will not be interpreted to permit the placement of any other accessory building or structure between the front yard depth established by the nearest front wall of the dwelling and the front lot line; That the owner acknowledge through the granting of the approval that the accessory structure (school portable) shall not be used for human habitation, nor shall it be connected to water or s

That minor variance application D20-2018-058 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 and recognition of the existing accessory buildings related to this approval shall proceed substantially in accordance with the sketch and drawings in Appendices C and D submitted as part of Report COA2018-075, which shall be attached to and form part of the Committee’s Decision; That the southwestern wall of the garage contain at least one window; That prior to the issuance of a Building Permit, the Chief Building Official or his/her designate shall submit written confirmation to the Secretary-Treasurer that the accessory building (Lean To) titled Building 5 in Appendix C to Report COA2018-075, has been demolished or removed from the property; That six (6) months after the date of the framing inspection for the detached garage, the variance from Section 3.1.3.3 permitting a total of five accessory buildings on the property shall lapse. When the variance lapses, the buildings identified as Building 4 (Shed) and Building 6 (Canvas Shelter) in Appendix C to Report COA2018-075 are no longer permitted. The owners shall submit to the Secretary-Treasurer photographic evidence of the removal of Buildings 4 and 6 on or before the lapsing date to ensure conformity with the zoning by-law; and That the building construction related to the minor variances shall be completed within a period of twe

That minor variance application D20-2018-059 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: That the construction of the addition related to this approval shall proceed substantially in accordance with the sketch and drawings in Appendices C and D submitted as part of Report COA2018-076, which shall be attached to and form 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 COA2018-076. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

That minor variance application D20-2018-060 be

THAT minor variance application D20-2018-062 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 COA2018-079, 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 will not be interpreted to permit the placement of any other accessory building or structure between the rear wall of the dwelling and the water’s edge; That prior to the issuance of a building permit for the proposed dwelling, the applicant shall initiate the permitting process for the septic system installation and obtain necessary approvals accordingly. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Part 8 Sewage System Supervisor advising that proposed location of the septic system installation meets the spatial separation requirements from the limits of the proposed dwelling location; That as part of the building permitting process for the proposed dwelling, there be a re

That Consent application D03-2018-010 being the application to sever approximately 3 hectares of agricultural land and consolidate it with an abutting vacant landlocked lot, described as Part South Part of Lot 39, Concession South of Portage Road, Part 1, 57R-9057 in order to give the lot frontage on Kirkfield Road and retain approximately 97 hectares of agricultural land, be GRANTED. Conditions: This approval applies to the transaction applied for. The applicant shall apply for, pay the prescribed fee and obtain an amendment to the Zoning By-law respecting: The land to be added, such that it be rezoned from Agricultural (A1) Zone to Rural Residential Type One (RR1) Zone and the By-law be in effect; and The benefitting lot, such that it be rezoned from Agricultural (A1) Zone to Environmental Protection (EP) Zone and the By-law be in effect. Submit to the Secretary-Treasurer written confirmation from the City’s Manager of Roads Operations that an entrance permit application and applicable fee has been submitted in accordance with the City’s Public Works Entrance By-law to the Manager’s satisfaction to demonstrate that an entrance, respecting the land to be severed, is possible. 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. Submit to the Secretary-Treasurer one copy of the preliminary reference plan of survey of the land to be severed for review and endorsement and the subsequent

That the Committee of Adjustment meetings for 2019 were confirmed.

That the meeting adjourned at 3:13pm.

THAT minor variance application D20-2018-049 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 addition 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 COA2018-065, 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; 4 2. That prior to the issuance of a building permit for the proposed dwelling, the shed located on the property be removed or relocated on the property in a compliant manner at a minimum water setback of 15 metres to the satisfaction of the Chief Building Official; 3. That notwithstanding the definition of rear yard, the granting of the variance for the proposed dwelling will not be interpreted to permit the placement of any other accessory structure between the rear wall of the dwelling and the water’s edge in a non-compliant manner below the minimum water setback requirement of 15 metres; 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 conside

That minor variance application D20-2018-054 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1. That the accessory buildings related to this approval shall proceed generally in accordance with the sketch in Appendix C submitted as part of Report COA2018-071, 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 shall remove the shed located adjacent to the main dwelling in the front yard to the satisfaction of the Chief Building Official. This condition will be considered fulfilled once the owner submits to the Secretary- Treasurer written confirmation from the Chief Building Official advising that the said shed has been removed to his/her satisfaction under the Ontario Building Code; 3. That notwithstanding the definition of front yard, the granting of the variance for the location of the school portable will not be interpreted to permit the placement of any other accessory building or structure between the front yard depth established by the nearest front wall of the dwelling and the front lot line; 4. That the owner acknowledge through the granting of the approval that the accessory structure (school portable) shall not be used for human habitation, nor shall it be connected

That minor variance application D20-2018-058 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 and recognition of the existing accessory buildings related to this approval shall proceed substantially in accordance with the sketch and drawings in Appendices C and D submitted as part of Report COA2018-075, which shall be attached to and form part of the Committee’s Decision; 2. That the southwestern wall of the garage contain at least one window; 3. That prior to the issuance of a Building Permit, the Chief Building Official or his/her designate shall submit written confirmation to the Secretary-Treasurer that the accessory building (Lean To) titled Building 5 in Appendix C to Report COA2018-075, has been demolished or removed from the property; 4. That six (6) months after the date of the framing inspection for the detached garage, the variance from Section 3.1.3.3 permitting a total of five accessory buildings on the property shall lapse. When the variance lapses, the buildings identified as Building 4 (Shed) and Building 6 (Canvas Shelter) in Appendix C to Report COA2018-075 are no longer permitted. The owners shall submit to the Secretary-Treasurer photographic evidence of the removal of Buildings 4 and 6 on or before the lapsing date to ensure conformity with the zoning by- law; and 8 5. That the building construction related to the minor variances shall be completed with

That minor variance application D20-2018-059 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. 9 Conditions: 1. That the construction of the addition related to this approval shall proceed substantially in accordance with the sketch and drawings in Appendices C and D submitted as part of Report COA2018-076, which shall be attached to and form part of the Committee’s Decision; and 2. 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- 076. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

THAT minor variance application D20-2018-062 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 11 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 COA2018-079, 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 will not be interpreted to permit the placement of any other accessory building or structure between the rear wall of the dwelling and the water’s edge; 3. That prior to the issuance of a building permit for the proposed dwelling, the applicant shall initiate the permitting process for the septic system installation and obtain necessary approvals accordingly. This condition will be considered fulfilled once the owner submits to the Secretary-Treasurer written confirmation from the Part 8 Sewage System Supervisor advising that proposed location of the septic system installation meets the spatial separation requirements from the limits of the proposed dwelling location; 4. That as part of the building permitting process for the proposed dwelling