The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – GROEGER Report Number COA2017-003

The Corporation of the City of Kawartha Lakes

Committee of Adjustment

Agenda

Thursday, October 19th, 2017

Meeting Commencing at 1:00 P.M.

Council Chambers

City Hall

26 Francis Street, Lindsay, Ontario K9V 5R8

Members

Chair L. Robertson

Vice Chair D. Marsh

B. Archer

S. Richardson

K. Seymour-Fagan

A. Smelko

S. Strathdee

Recording Secretary E. Hallett

Accessible formats and communication supports are available, upon request. Committee of Adjustment October 19, 2017 Page 2 of 4 1. Call to Order

The meeting commenced at ______.

2. Adoption of the Agenda

Moved by: Seconded by:

3. Disclosure of Pecuniary Interest

4. Adoption of the Minutes of the Previous Meeting

Moved by: Seconded by:

THAT, the minutes of previous meeting held September 21st, 2017 be approved as circulated.

5. Review of New File Material

6. Deferred Applications – Minor Variances and Consents

7. New Business – Minor Variances

File Number: D20-17-002 Location: 76 Chadwin Drive Part Block 11 Plan 57M-782, Parts 6 to 8, 57R-10386 Former Town of Lindsay Owners: Harry and Alwine Groeger Applicant: Harry Groeger

Staff Report COA2017-003 Attached.

Moved by: Seconded by:

G:\Planning\C06 - COMMITTEES\Committee of Adjustment\Agendas\2017 Agenda\October 19, 2017.docx Committee of Adjustment October 19, 2017 Page 3 of 4 File Number: D20-17-041 Location: 24 Osprey Road Concession 10 Part Lot 19 Geographic Township of Emily Owners: Bryan Vranes & Mirjana Branko Applicant: Black Point Construction Services Holly Richards-Conley

Staff Report COA2017-046 Attached.

Moved by: Seconded by:

File Number: D20-17-043 Location: 20 Woods Avenue Lot 95 Plan 358 Geographic Township of Emily Owner: Jamie Hofstetter Applicant: Jamie Hofstetter

Staff Report COA2017-048 Attached.

Moved by: Seconded by:

File Number: D20-17-044 Location: 39 McGill Drive Lot 22, Plan 33 Part Lot 1 Concession 14 Geographic Township of Emily Owner: BG Scugog Inc. (Gary Morrison) Applicant: Gary Morrison

Staff Report COA2017-049 Attached.

Moved by: Seconded by:

G:\Planning\C06 - COMMITTEES\Committee of Adjustment\Agendas\2017 Agenda\October 19, 2017.docx Committee of Adjustment October 19, 2017 Page 4 of 4 8. New Applications – Consents

File Number: D03-17-003 Location: 510 Telecom Road Part Lots 8 & 9 Concession 14 Geographic Township of Manvers Owner: Darmar Farms Inc. – Dale McFeeters Applicant: Clark Consulting Services Inc. - Bob Clark

Staff Report COA2017-050 Attached.

Moved by: Seconded by:

9. Correspondence

Requiring Action: None

Information: None

10. Other Business

Final Update – Policy on OMB appeals 11. Next Meeting

The next meeting of the Committee of Adjustment will be held on November 9, 2017 at 1:00 p.m., in the Council Chambers, City Hall.

12. Adjournment

G:\Planning\C06 - COMMITTEES\Committee of Adjustment\Agendas\2017 Agenda\October 19, 2017.docx

The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – GROEGER Report Number COA2017-003

Public Meeting Meeting Date: October 19, 2017 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay

Ward: 12 – Former Town of Lindsay

Subject: The purpose and effect is to recognize the footprint of the existing townhouse, permit a shed and a partially enclosed sunroom by requesting relief from Section 9.3.12 (i) to increase the maximum lot coverage from 50% to 59.03%. Relief is also sought from Sections 9.3.12 (f) and (g) to reduce interior side yard setback from 2 metres to 0.3 metres and the minimum rear yard setback from 7.5 metres to 4.5 metres respectively in order to permit the partially enclosed sunroom. Additionally, relief is sought from Section 5.2 (b) to reduce the interior side yard setback for a residential accessory building from 1.25 metres to 0.60 metres in order to permit the shed. The property is located at 76 Chadwin Drive, Town of Lindsay (File D20-17- 002).

Author: David Harding, Planner I Signature:

Recommendation: RESOLVED THAT Report COA2017-003 Groeger, be received;

THAT minor variance application D20-17-002 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) THAT the building construction of the partially enclosed sunroom and shed related to this approval shall proceed substantially in accordance with the sketch in Appendix “C” submitted as part of Report COA2017-003, which shall be attached to and form part of the Committee’s Decision; Report COA2017-003 D20-17-002 Page 2 of 5

2) 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 COA2017- 003. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

Background: The application is the result of enforcement action by the Building Division. The application proposes to legalize the locations of the shed and sunroom. Through staff’s review, it was determined that the existing townhouse unit was over the maximum permitted lot coverage. Relief is sought increase the maximum permitted lot coverage in order to permit the shed and sunroom in addition to recognizing the footprint of the existing townhouse. This application was deemed complete September 22, 2017.

Owner: Harry & Alwine Groeger

Legal Description: Plan 57M782, Part Block 11, 57R-10386, Parts 6 to 8, former Town of Lindsay, City of Kawartha Lakes

Official Plan: “Residential” – Town of Lindsay Official Plan

Zone: “Residential Multiple One Special Eleven (RM1-S11) Zone” – Town of Lindsay Zoning By-law 2000-75

Site Size: 279 square metres (3,003.13 square feet) Site Servicing: Municipal sanitary sewer, water, and stormwater Existing Uses: Residential Adjacent Uses: North, South & East:Residential West: Vacant Commercial Land Rationale: Staff classified the structure constructed upon most of the rear deck and immediately abutting the townhouse as a sunroom. Its north and south walls consist of fence material with additional timbers above fitted with clear plastic panels and translucent plastic sheeting to prohibit the passage of air. A canopy provides the overhead covering. The west side is open.

1) Are the variances minor in nature? And 2) Is the proposal desirable and appropriate for the use of the land? Yes The subject property is situated within a developing residential neighbourhood consisting of freehold townhouse dwellings on the former Lindsay Fairgrounds property. The subject property is within the centre of a 6-dwelling townhouse block. Report COA2017-003 D20-17-002 Page 3 of 5

The subject property does not have a communal strip to provide access to the rear yard from the street. Therefore, the only way to access the rear yard is to travel through the dwelling. As such, a shed is desirable to store yard items and equipment in order to avoid moving them through the dwelling or storing them within the modest single bay garage or within the dwelling itself. The deck on the subject property is low enough to be considered a landscape feature. All lots within the townhouse block contain similarly-sized decks, and as a result have similarly-sized areas of landscaped open space. Two of those lots have pergola structures upon their decks to provide some shelter. The sunroom is proposed upon the existing deck, and offers a similar type of sheltered, amenity space. The Engineering and Corporate Assets Department has reviewed the proposal and determined that the proposed additional lot coverage will not have adverse stormwater impacts. Therefore, the variances are minor in nature as well as desirable and appropriate for the use of the land.

3) Do the variances maintain the intent and purpose of the Zoning By- law? Yes The subject property is zoned “Residential Multiple One Special Eleven (RM1- S11) Zone”. The zone provisions only permit a townhouse dwelling and have unique zone requirements to permit this type of dwelling unit. The proposed sunroom and shed do not hinder the ability of the rear yard to provide amenity space and landscaped open space. Given there is a need to house yard items within an accessory storage structure, as staff observed the presence of sheds on other lots, and the shed does not occupy a significant amount of the small rear yard, and the proposed side yard setback allows sufficient access for maintenance, it is in keeping with the general intent of the applicable provisions of the zoning by-law to permit the shed. Through the examination of the function of the rear yards upon this townhouse block, it is evident that a large portion of the rear yards are dedicated to low deck structures in order to provide elevated amenity spaces. The partially enclosed sunroom proposes a similar type of amenity space that is sheltered. In order to add character to the neighbourhood, units have portions of walls and covered porches within their front yards in very close proximity to side lot lines that extend out beyond the common walls. While a minimal setback is proposed for the sunroom within the interior side yard, concerns have not been raised over the ability to provide adequate drainage. One of the fence panels on that side of the sunroom functions as a door, allowing access to the dwelling’s exhaust pipes and to perform maintenance as needed. While there is a fence within the rear yard separating the units, maintenance can be achieved, and the proposed side yard setback reduction is in keeping with the minimal side yard setbacks established within the front yards. Report COA2017-003 D20-17-002 Page 4 of 5

Therefore, the variances maintain the general intent and purpose of the Zoning By-Law.

4) Do the variances maintain the intent and purpose of the Official Plan? Yes As the Lindsay Secondary Plan is under appeal, the property is designated “Residential” within the Town of Lindsay Official Plan, which permits medium density residential uses such as townhouse dwellings. The variances maintain the general intent and purpose of the Official Plan.

Other Alternatives Considered: No other alternatives have been considered at this time. Servicing Comments: This neighbourhood is serviced by full municipal services within the Lindsay municipal service area.

Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:

Agency Comments: Building Division (October 3, 2017): No concerns. Engineering and Corporate Assets Department (October 3, 2017): No concerns. Community Services Department (October 10, 2017): No concerns.

Public Comments: No comments as of October 10, 2017.

Attachments:

Appendices A-D to Report COA2017-003.p Appendix “A” – Location Map Appendix “B” – Aerial Photo Appendix “C” – Applicant’s Sketch & Developer’s Plan Appendix “D” – Department and Agency Comments

Report COA2017-003 D20-17-002 Page 5 of 5

Phone: 705-324-9411 ext. 1206 E-Mail: [email protected] Department Head: Chris Marshall Department File: D20-17-044

The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – VRANES & BRANKO Report Number COA2017-046

Public Meeting Meeting Date: October 19, 2017 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay

Ward: 14 – Geographic Township of Emily

Subject: An application to request relief: 1. to reduce the required side yard from 3 metres to 1.6 metres to construct a dwelling and deck; and 2. to reduce the required water setback from 30 metres to 25.4 metres to construct a dwelling and to reduce the required water setback from 30 metres to 22.1 metres to construct a deck on property located at 24 Osprey Road, geographic Township of Emily (File D20-17-041).

Author: Janet Wong, Planner II Signature:

Recommendations: RESOLVED THAT Report COA2017-046 Bryan Vranes & Mirjana Branko, be received;

THAT minor variance application D20-17-041 for 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 and deck shall proceed generally in accordance with the sketch in Appendix “C” submitted as part of Report COA2017-046, which shall be attached to and form part of the Committee’s Decision; 2) THAT the two exterior walls of the sunroom addition shall consist of screen material substantially in accordance with Appendix “D; 3) THAT notwithstanding the definition of Water Setback, the minimum water setback for the deck shall be 22.1.metres established by this variance; and Report COA2017-046 D20-17-041 Page 2 of 4

4) THAT the building construction related to these 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 COA2017- 046. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

Background: The owner is proposing to demolish an existing 293.6 square metre cottage and deck and replace it with a 273.6 square metre cottage and deck with attached garage. This application was deemed complete September 15, 2017.

Proposal: To construct a 183.8 square metre (1,978.4 square foot) cottage with a screened sunroom and attached garage along with an 89.9 square metre (967 square foot) combined front porch and waterside deck, relief is sought from the following: 1. Section 13.2.1.3(b)(i) to reduce the required side yard from 3 metres to 1.6 metres (9.8 to 5.2 feet) to construct a dwelling and deck; and, 2. Section 13.2.1.3(e) to reduce the required water setback from 30 metres to 25.4 metres (98.4 to 83 feet) to construct a dwelling and 22.1 metres (72.5 feet) to construct a deck.

Owners: Bryan Vranes & Mirjana Branko

Applicant: Holly Richards-Conley (Black Point Construction Services)

Legal Description: Lot 19, Concession 10, geographic Township of Emily, City of Kawartha Lakes

Official Plan: “Waterfront” – City of Kawartha Lakes Official Plan

Zone: “Limited Service Residential Type – Exception Four (LSR-4) Zone” – Township of Emily Zoning By-law 1996-30

Site Size: 1,247.6 square metres (0.3 acres) – Coe Fisher Cameron Land Surveyors

Site Servicing: Private septic system and well

Existing Uses: Shoreline Residential

Adjacent Uses: North and South: Shoreline Residential East: Pigeon Lake Report COA2017-046 D20-17-041 Page 3 of 4

West: Estate Rural Residential

Rationale:

1) Are the variances minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes

The existing 86 square metre one-storey dwelling will be replaced with a 183 square metre dwelling with a walkout basement. The walkout basement will be similar to the neighbouring dwelling to the south. The existing deck and porch will be reduced in size from 184 square metres to about 90 square metres. This results in a smaller footprint than the existing development. There is an overall improvement in the setback from the water as the proposed dwelling will be further back than the existing dwelling and the proposed deck will be further back than the existing deck. The deck is a reasonable depth for outdoor living space (about 2.7 metres) and the proposed patio under the deck provides additional living area. The reduced side yard places the proposed dwelling closer to the neighbour’s garage. The screened sunroom will be buffered by trees on the neighbour’s property.

Based on this, the variances are minor as well as desirable and appropriate for the use of the land.

3) Do the variances maintain the intent and purpose of the Zoning By- law? Yes The setback from the water has been measured from the waterline inside the in-water boathouse. About half the dwelling is more than 30 metres from the water’s edge and the proposed dwelling will be about 29 metres from water’s edge at the north-east corner of in-water boathouse. The proposed side yard of 1.6 metres provides sufficient space for drainage. Access from the front to the back yard can be provided on the north side of the dwelling. The Zoning By-law definition of “Water Setback” allows for a deck to be located 4 metres into the established 30 metre setback without requiring a variance. Condition 3 has been included to be clear that the deck water setback is being established by the requested variance.

Therefore, the variances maintain the general intent and purpose of the Zoning By-Law.

4) Do the variances maintain the intent and purpose of the Official Plan? Yes

The property is designated “Waterfront” in the City of Kawartha Lakes Official Plan. Residential uses and accessory residential uses are anticipated within this designation. The proposed development enhances the residential function. The general intent of the water setback is being maintained through the Report COA2017-046 D20-17-041 Page 4 of 4

increased water setback from the existing situation as well as being largely close to the policy direction of 30 metres from the high water mark.

In consideration of the above the variances maintain the general intent and purpose of the Official Plan.

Other Alternatives Considered: No alternatives were discussed.

Servicing Comments: The property is serviced by a private individual well and septic system.

Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:

Agency Comments: Building Division – Building Inspection (September 18, 2017): No concerns Building Division - Sewage System (October 3, 2017): No objection Engineering Division (October 4, 2017): No objection. Kawartha Region Conservation Authority (KRCA October 10, 2017):

Public Comments: No comments as of October 10, 2017

Attachments:

Appendix A-E.pdf

Appendix “A” – Location Map Appendix “B” – Aerial Photo Appendix “C” – Applicant’s Sketch Appendix “D” – Supplementary Drawings Appendix “E” – Department and Agency Comments

Phone: 705-324-9411 ext. 1330 E-Mail: [email protected] Department Head: Chris Marshall Department File: D20-17-041 APPENDIX “ A “

to REPORT COA2017-046 FILE NO: D20-17-041

APPENDIX “ B “ to REPORT COA2017-046 FILE NO: D20-17-041

APPENDIX “ C “ to REPORT COA2017-046 FILE NO: D20-17-041

APPENDIX “ D “ to REPORT COA2017-046 FILE NO: D20-17-041

APPENDIX “ E “ Subject D20-17-041 to From Derryk Wolven REPORT COA2017-046 To Erica Hallett FILE NO: D20-17-041 Sent Monday, September 18, 2017 12:08 PM

Please be advised building division has no concerns with the above noted MV application.

D Wolven Plans Examiner Building Division City of Kawartha Lakes

705-324-9411 ext.1273 dwolven@ kawarthalakes.ca

This message, including any attachments, is privileged and intended only for the addressee(s) named above. If you are not the intended recipient, you must not read, use or disseminate the information contained in this e-mail. If you have received this e-mail in error, please notify the sender immediately by telephone, fax, or e-mail and shred this confidential e-mail, including any attachments, without making a copy. Access to this e-mail by anyone else is unauthorized. Thank you.

APPENDIX “ E “ to Subject FW: D20-17-041 - 24 REPORT COA2017-046 Osprey Rd FILE NO: D20-17-041 From Janet Wong To Erica Hallett Sent Tuesday, October 03, 2017 3:33 PM

Erica Please copy, print, record and file. Thanks

Janet Wong, MCIP RPP Planner II, Development Services - Planning Division [email protected] City Kawartha Lakes Phone: 705 324-9411 ext 1330 Toll Free 1-888-822-2225 Fax 705-324-4027

This message, including any attachments, is privileged and intended only for the addressee(s) named above. If you are not the intended recipient, you must not read, use or disseminate the information contained in this e-mail. If you have received this e-mail transmission in error, please notify the sender immediately by telephone, fax or e-mail and permanently delete this e-mail from your computer, including any attachments, without making a copy. Access to the e-mail by anyone else is unauthorized. Thank you.

From: Anne Elmhirst Sent: Tuesday, October 03, 2017 3:33 PM To: Janet Wong Subject: D20-17-041 - 24 Osprey Rd

Hello Janet,

RE: Minor Variance Application – D20-17-041 24 Osprey Road, Former Emily Township, City of Kawartha Lakes Part Lot 19, Conc. 10, Roll No. 165100100416402 Owner: Mirjana Branko and Bryan Vranes

I have received and reviewed the proposal for minor variance to permit the construction of a new dwelling with decking on the above-noted property.

The property was assessed for the installation of a new sewage disposal system to service the proposed dwelling under file SS2017-0274. The sewage system has been proposed for replacement on the lakeside of the dwelling as per the survey and the location of the dwelling has been situated to accommodate the sewage system.

As such, the Building Division – Sewage System program has no objection to the proposed minor variance.

Should you have any questions or concerns, please do not hesitate to contact me.

Best Regards, Anne Elmhirst C.P.H.I.(C), B.A.Sc., B.Sc. Supervisor – Part 8 Sewage Systems Development Services - Building Division 180 Kent St. W., Lindsay, ON K9V 2Y6 (t) 705-324-9411 ext. 1882 (f) 705-324-5514

This email message may contain confidential, proprietary and/or privileged information. It is intended only for the use of the intended recipient(s). If you have received it in error, please immediately advise the sender by reply email and then delete this email message. Any disclosure, copying, distribution or use of the information contained in this email message to or by anyone other than the intended recipient is strictly prohibited. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Company

APPENDIX “ E “ Subject RE: D20-17-041 – 24 Osprey Road, Part Lot 19, Concession to 10, geographic Township of Emily REPORT COA2017-046 From Kirk Timms FILE NO: D20-17-041 To Janet Wong Cc Christina Sisson; Erica Hallett; Kim Rhodes Sent Wednesday, October 04, 2017 11:12 AM

Good Morning Janet,

Further to our review of the revised sketch for the above noted application, Development Engineering confirms we have no objection to the proposed minor variance for Zoning By-Law Section 13.2.1.3 (b) i) to reduce the required side yard from 3 metres to 1.6 metres to construct a dwelling and deck and 13.2.1.3 (e) to allow for a decreased water setback from 30.0 m to 25.4 m to construct a dwelling and 22.1 m to construct a deck.

Thanks,

Kirk

From: Christina Sisson Sent: Wednesday, October 04, 2017 9:40 AM To: Kirk Timms Subject: FW: D20-17-041 – 24 Osprey Road, Part Lot 19, Concession 10, geographic Township of Emily Another one to take a look at when you get a chance, please and thank you!

From: Janet Wong Sent: Tuesday, October 03, 2017 4:23 PM To: 'Katie Jane Harris'; Christina Sisson; Derryk Wolven; Anne Elmhirst; '[email protected]' Cc: Erica Hallett Subject: D20-17-041 – 24 Osprey Road, Part Lot 19, Concession 10, geographic Township of Emily

Hello

In advance of the formal notice of meeting which will be sent on Thursday, the applicant has submitted a revised sketch (attached) with variance requests. Please note there are no changes to the proposal. The changes reflect a water setback from the in-water boathouse waterline.

The purpose and effect is to request relief from:

1. Section 13.2.1.3(b)(i) to reduce the required side yard from 3 metres to 1.6 metres to construct a dwelling and deck; and 2. Section 13.2.1.3(e) to reduce the required water setback from 30 metres to 25.4 metres to construct a dwelling and 22.1 metres to construct a deck.

If you have provided comments and there are no substantial changes, no reply is necessary. If you are able, please provide comments by Friday October 6 for inclusion in the staff report.

Sincerely,

Janet Wong

Janet Wong, MCIP RPP Planner II, Development Services - Planning Division [email protected] Planning Webpage (NEW) 180 Kent Street West, Lindsay, ON K9V 2Y6 Phone 705 324-9411 ext 1330 Toll Free 1-888-822-2225 Fax 705-324-4027 This message, including any attachments, is privileged and intended only for the addressee(s) named above. If you are not the intended recipient, you must not read, use or disseminate the information contained in this e-mail. If you have received this e-mail transmission in error, please notify the sender immediately by telephone, fax or e-mail and permanently delete this e-mail from your computer, including any attachments, without making a copy. Access to the e- mail by anyone else is unauthorized. Thank you.

APPENDIX “ E “ to REPORT COA2017-046 FILE NO: D20-17-041

The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – HOFSTETTER Report Number COA2017-048

Public Meeting Meeting Date: October 19, 2017 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay

Ward: 14 – Geographic Township of Emily

Subject: An application to request relief: 1. to permit the construction of a garage in the front yard where it is only permitted in the rear or side yards; 2. to reduce the required 2 metre setback from a dwelling to 0.6 metres to permit an accessory structure (pool pump cover); and, 3. to increase the maximum number accessory structures from 3 to 6 on property located at 20 Woods Avenue, geographic Township of Emily (File D20-17-043).

Author: Janet Wong, Planner II Signature:

Recommendations: RESOLVED THAT Report COA2017-048 Jamie Hofstetter, be received;

THAT minor variance application D20-17-043 for 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 garage and recognition of the accessory structures related to this approval shall proceed generally in accordance with the sketch in Appendix “C” submitted as part of Report COA2017-048, which shall be attached to and form part of the Committee’s Decision; 2) THAT prior to the issuance of a building permit for the proposed garage, building permits be obtained for accessory structures greater than 10 square metres to the satisfaction of the Chief Building Official. Report COA2017-048 D20-17-043 Page 2 of 5

3) THAT as prior to the issuance of a building permit for the proposed garage, that the above-ground pool and deck be brought into compliance with the Ontario Building Code and Swimming Pools and Swimming Pool Fences By-law 2005-314 to the satisfaction of the Chief Building Official. 4) THAT as part of issuance of the building permit for the proposed garage, there be a requirement that the relocation of the shelter to cover the pool pump comply with the minimum setback of 0.6 metres from the dwelling and Swimming Pools and Swimming Pool Fences By-law 2005-314 to the satisfaction of the Chief Building Official; 5) THAT the building construction related to these 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 of the proposed garage. This approval pertains to the application as described in report COA2017- 048. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.

Background: The owner is seeking to construct a garage in the front yard to accommodate primarily recreational vehicles and equipment. During the site inspection, it was discovered that there are five (5) accessory structures in the rear and side yard, two (2) of which would have required building permits. As well, the above-ground pool and deck do not comply with Building Code setback requirements from the septic system. There are no permits on record for these structures. This application was deemed complete September 22, 2017. Proposal: To construct an approximately 72.2 square metre (777 square foot) detached garage, recognize an existing 4.8 square metre (51 square foot) shelter that will be relocated, and recognize four (4) accessory structures in the rear yard, relief is sought from the following: 1. Section 3.1.2.1 to permit the construction of a garage in the front yard where it is only permitted in the rear or side yards; 2. Section 3.1.2.2 to reduce the required 2 metre setback from a dwelling to 0.6 metres to permit an accessory structure (pool pump cover); and, 3. Section 3.1.3.3 to increase the maximum number accessory structures from 3 to 6.

Owner: Jamie Hofstetter

Legal Description: Lot 95, Registered Plan 358, geographic Township of Emily, City of Kawartha Lakes Report COA2017-048 D20-17-043 Page 3 of 5

Official Plan: “Waterfront” – City of Kawartha Lakes Official Plan

Zone: “Rural Residential Type Three (RR3) Zone” – Township of Emily Zoning By-law 1996-30

Site Size: 1,659 square metres (0.4 acres) – Registered Plan

Site Servicing: Private individual septic system and well

Existing Uses: Rural Residential

Adjacent Uses: North, East, South, West: Rural Residential Subdivision

Rationale:

1) Are the variances minor in nature? Yes And 2) Is the proposal desirable and appropriate for the use of the land? Yes Siting of a garage is limited by the location of the existing dwelling and lot width. The garage will be screened from the road and neighbouring residences by existing mature, dense cedar hedges on the front and side lot lines. While slightly larger than a standard 3-vehicle garage, the 9.2 x 7.9 metre proposed garage will be smaller than the dwelling and be within the maximum height requirement for a garage. The accessory structures in the rear yard are small structures that support use of the outdoor amenity space. While the number of structures is higher than permitted they cover about 3% of the lot, at about 50 square metres. The proposed garage in the front yard is visually separated from the existing accessory structures and with this additional structure maximum lot coverage for the property would not be exceeded. It is not anticipated that the distance of the pool pump enclosure to the dwelling will adversely affect the use of dwelling. While the structure does not require a permit under the Building Code, a conditionto require a permit under the City’s ‘Pool’ By-law 2005-314 is recommended.

Based on this, the variances are minor as well as desirable and appropriate for the use of the land.

3) Do the variances maintain the intent and purpose of the Zoning By- law? Yes Through the thick hedge screening of the proposed garage from the road and adjacent properties, the location of the building in the front yard is not anticipated to negatively impact the residential use of the adjoining properties. Limiting the number of structures is intended to maintain a spacious open character. The size of the lot, separation of the proposed six (6) accessory Report COA2017-048 D20-17-043 Page 4 of 5

structures between the rear and front yards of the property, and size of most of the structures maintains an open residential character. As the pool pump is adjacent to the deck, the addition of an enclosure would not alter access around the dwelling or create a safety hazard. Therefore, the variances maintain the general intent and purpose of the Zoning By-Law.

4) Do the variances maintain the intent and purpose of the Official Plan? Yes The property is designated “Waterfront” within the City of Kawartha Lakes Official Plan. This designation has been applied to this subdivision which has one tier of development on the Pigeon River. Residential uses and accessory residential uses are anticipated within this designation. The proposed development supports the residential function.

In consideration of the above the variances maintain the general intent and purpose of the Official Plan.

Other Alternatives Considered: The owner amended the application to relocate the proposed garage from 1.2 metres from the north lot line to 4.5 metres in order to retain the existing mature cedar hedge.

Servicing Comments: The property is serviced by a private individual well and septic system.

Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:

Agency Comments: Building Division – Building Inspection (October 3, 2017): No concerns Building Division - Sewage System (October 6, 2017): No objection. See comments. Development Engineering Division (October 3, 2017): No objection

Public Comments: No comments as of October 10, 2017

Report COA2017-048 D20-17-043 Page 5 of 5

Attachments:

Appendix A-D.pdf

Appendix “A” – Location Map Appendix “B” – Aerial Photo Appendix “C” – Applicant’s Sketch Appendix “D” – Department and Agency Comments

Phone: 705-324-9411 ext. 1330 E-Mail: [email protected] Department Head: Chris Marshall Department File: D20-17-043 APPENDIX “ A “

to REPORT COA2017-048 FILE NO: D20-17-043

APPENDIX “ B “ to REPORT COA2017-048 FILE NO: D20-17-043

APPENDIX “ C “ to REPORT COA2017-048 FILE NO: D20-17-043

APPENDIX “ D “ Subject FW: mv to From Derryk Wolven REPORT COA2017-048 To Janet Wong FILE NO: D20-17-043 Sent Tuesday, October 03, 2017 1:51 PM

With respect to the revised siteplan for 20 Woods Ave (Lot 95), Building division has the following to offer:

Buildings A and B require permits. Relocation of structure J to cover pool equipment shall comply with the following extraction from the pool bylaw. Access to the pool shall be reviewed to comply with the same provisions (deck,bar,stairs).

Above-Ground Pools: Despite section 3.03, the exterior wall of an above-ground swimming pool may constitute a lawful swimming pool fence provided that it is at least 1.2 metres in height and provided that it has no attachments, openings or objects in the immediate vicinity, such as a ladder or pump, that could facilitate climbing of the exterior wall while the pool is not in use or without supervision.

Kind regards,

Derryk D Wolven

Plans Examiner Building Division City of Kawartha Lakes

705-324-9411 ext.1273 dwolven@ kawarthalakes.ca

APPENDIX “ D “ to Subject RE: Minor Variance D20-17-043 20 Woods Ave. geographic Twp Emily - Hofstetter REPORT COA2017-048 FILE NO: D20-17-043 From Kirk Timms

To Janet Wong

Cc Kim Rhodes; Christina Sisson

Sent Tuesday, October 03, 2017 1:04 PM

Good Afternoon Janet,

Further to our review of the additional information for the above noted application, Development Engineering confirms we have no objection to the proposed minor variance to permit construction of a garage in the front yard, to increase the number of accessory structures from 3 to 6 and to decrease the minimum accessory structure separation from a dwelling from 2.0 meters to 0.6 meters.

Thanks, Kirk Timms

Thanks,

Kirk Timms

Engineering Technician Engineering & Corporate Assets Department City of Kawartha Lakes P.O. Box 9000 12 Peel Street Lindsay, ON K9V 5R8 (705) 324-9411 Ext. 1119

Subject D20-17-043 - 20 Woods Ave APPENDIX “ D “ to From Anne Elmhirst REPORT COA2017-048 To Janet Wong FILE NO: D20-17-043 Sent Friday, October 06, 2017 10:52 AM

Hello Janet,

I have received and reviewed the proposal for minor variance application D20-17-043 to accommodate a detached garage in the front yard of the property.

I was able to locate a copy of the sewage system installation report (file #EM-1-07) for this property. This report indicates the sewage system was constructed in the back yard of the dwelling and this location has been field verified as well. The proposed location for the detached garage will not cause an encroachment concern for the sewage system and as such the Building Division - Sewage System Program has no objection to the garage.

However, during my site assessment I noted an above-ground pool and deck that had been constructed within the required clearance distances to the septic tank. These structures were constructed without permits after the sewage system was installed and contravene the requirements of the Ontario Building Code. As such, I would ask that a condition be added to the minor variance to address the pool and deck construction inorder to the bring the property into full compliance.

Should you have any questions or concerns, please do not hesitate to contact me.

Best Regards, Anne Elmhirst Supervisor - Part 8 Sewage Systems City of Kawartha Lakes Sent from my BlackBerry 10 smartphone on the Bell network.

The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – B G SCUGOG INC Report Number COA2017-049

Public Meeting Meeting Date: October 19, 2017 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay

Ward: 12 – Geographic Township of Manvers

Subject: The purpose and effect is to permit the construction of a single detached dwelling and detached garage on the subject property by requesting relief from: Section 20.4 to reduce the minimum lot area required to develop upon existing lot of record from 750 square metres to 526.52 square metres, and from Section 5.2 (h) to increase the maximum lot coverage from 25% to 28%. Relief is also sought from the following provisions to permit the single detached dwelling: 1. Section 5.2 (c) to reduce the front yard setback from 15 metres to 14.25 metres; 2. Section 5.2 (f) to reduce the side yard setback from 3 metres to 2.8 metres for both side lot lines; and 3. From both sections listed in the bullet points above, and from Section 5.2 (g) to permit eaves and gutters to project 0.6 metres into the required front, side and water yard setbacks. Relief is also sought from the following provisions to permit the detached garage: 4. Section 20.1 (b)(ii) to reduce the front yard setback from 15 metres to 5.8 metres, and the side yard setback from 3 metres to 1.39 metres; and 5. From the section listed in bullet point 4 above to permit eaves and gutters to project 0.6 metres into the required front and side yard setbacks. The property is located at 39 McGill Drive, geographic Township of Manvers (File D20-17-044).

Author: David Harding, Planner I Signature:

Report COA2017-049 D20-17-044 Page 2 of 5

Recommendation: RESOLVED THAT Report COA2017-049 B G Scugog Inc., be received;

THAT minor variance application D20-17-044 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 and 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 COA2017-049, which shall be attached to and form part of the Committee’s Decision; 2) THAT the proposed holding tank maintain a minimum water setback of 15 metres; 3) THAT notwithstanding the definition of front yard, the granting of the variance for the garage will not be interpreted to permit the placement of any other accessory buildings between the front wall of the dwelling and the front lot line; and 4) 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 COA2017- 049. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.

Background: The application proposes to demolish the existing, vacant, single storey detached dwelling and shed and construct a new three level dwelling with detached garage. The Committee of Adjustment previously granted the variances to construct the dwelling and garage on September 15, 2016, (application D20- 16-032), and provided one year to complete the first building inspection. The owner did not satisfy the condition within the required 1 year time frame, and the variance lapsed. The applicant has advised that they intend to proceed with construction before the end of 2017 should the Committee re- grant approval. This application was deemed complete September 22, 2017.

Proposal: To construct an approximately 324 square metre (3487.5 square foot) single detached dwelling and 39 square metre (418.5 square foot) detached garage.

Owner: B G Scugog Inc.

Applicant: Gary Morrison Report COA2017-049 D20-17-044 Page 3 of 5

Legal Description: Registered Plan 33, Lot 22, geographic Township of Manvers, City of Kawartha Lakes

Official Plan: “Waterfront” – City of Kawartha Lakes Official Plan

Zone: “Rural Residential Type Three (RR3) Zone” – Township of Manvers Zoning By-law 87-06

Site Size: 526.52 square metres (5,664.5 square feet) Site Servicing: Private individual holding tank and well Existing Uses: Shoreline Residential (vacant dwelling) Adjacent Uses: North & South: Shoreline Residential East: Tier Shoreline Residential West: Lake Scugog Rationale:

1) Are the variances minor in nature? Yes The subject property is situated in a shoreline residential neighbourhood on the eastern shore of Lake Scugog. The rear yard functions as the primary amenity space for the shoreline properties. The proposed plan provides adequate open space available between the dwelling and shoreline for recreational, amenity and shoreline naturalization purposes. As the lot is currently improved with a dwelling, and the Building Division has not raised objections with respect to the proposed servicing on the undersized lot, it is appropriate to redevelop the site. The variances sought for the dwelling will improve the side yard setback on the north side, and do not substantially encroach into the established side yard setback on the south side. The current dwelling maintains a front yard setback of 15 metres, and the proposed dwelling presents a slightly reduced setback at 14.2 metres. The proposed front yard setback is consistent with the setbacks established by most of the dwellings on the western side of McGill Drive. As a two bay detached garage is proposed within the front yard rather than an attached garage, it presents a scale of built form more appropriate for the street. The setbacks proposed are in keeping with the lesser setbacks of the older storage buildings and garages on the abutting and adjacent shoreline properties. While the front yard setback for the garage is slightly less than what the by-law requires for a parking space, it is anticipated that sufficient space will remain to accommodate the parking of most vehicles at a perpendicular angle to the road allowance between the garage face and said road allowance. The additional variances to permit the projection of eaves and gutters into the various yards are not anticipated to adversely impact the character of the neighbourhood, as the space below them can be landscaped. Therefore, the variances are minor in nature. Report COA2017-049 D20-17-044 Page 4 of 5

2) Is the proposal desirable and appropriate for the use of the land? Yes Provided the holding tank maintains a water setback of at least 15 metres, as was maintained in Committee’s previous decision, it is not anticipated that there will be a restriction to the available rear yard amenity and vegetative landscaping space. The interior side and front yard and water setback reliefs requested for the dwelling are not anticipated to impact the function of said yards as sufficient space remains between the buildings and lot line for maintenance and drainage purposes. Sufficient space remains within the side yards to facilitate access to the rear yard from the front yard. The additional lot coverage will facilitate the construction of a detached garage. The detached garage provides for covered vehicular storage, and its setback from the road allowance ensures sufficient driveway surface outside of the road allowance is available for parking. Based on the above analysis, the variances are minor as well as desirable and appropriate for the use of the land.

3) Do the variances maintain the intent and purpose of the Zoning By- law? Yes The interior side and front yard and water setback reliefs requested for the dwelling are not anticipated to impact their function as the scale of the reductions, if granted, are not anticipated to be perceptible. Sufficient space remains within the side yards to facilitate access to the rear yard. The additional lot coverage will facilitate the construction of a detached garage. The detached garage provides for covered vehicular storage, and its setback from the road allowance ensures sufficient driveway surface outside of the road allowance is available for parking. Section 20.4 exists to ensure that a review is done when redevelopment is proposed upon undersized lots of record to ensure the proposed construction is appropriate for the neighbourhood, and can be adequately serviced. The applicant has demonstrated that it is possible to redevelop the lot. Therefore, the variances maintain the general intent and purpose of the Zoning By-Law.

4) Do the variances maintain the intent and purpose of the Official Plan? Yes The property is designated “Waterfront” within the City of Kawartha Lakes Official Plan. The designation anticipates low density residential uses. Policy 3.11 provides for the redevelopment of existing lots where there is insufficient area to accommodate a 30 metre water setback provided that there is no alternative to the expansion or reconstruction, and in no case shall said development, including sewage infrastructure, be less than 15 metres to the high water mark. The proposed development in conjunction with condition 2, ensures the development is located outside of the water setback. Report COA2017-049 D20-17-044 Page 5 of 5

Staff is of the opinion that permitting the eaves and gutters to maintain a water setback of 14.4 metres is acceptable as the wall of the building will maintain a 15 metre setback and the area under the eave may be landscaped. All other variances meet the intent and purpose of the Official Plan as residential development is contemplated within the “Waterfront” designation. In consideration of the above the variances maintain the general intent and purpose of the Official Plan.

Other Alternatives Considered: No other alternatives have been considered at this time.

Servicing Comments: The property will be serviced by a private individual well and holding tank.

Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act. Comments have been received from:

Agency Comments: Building Division (September 26, 2017): No concerns with respect to the requested variances. A discrepancy between submitted drawings/plans respecting the separation between the dwelling and garage footings is noted. See Appendix “E” for comments. Engineering and Corporate Assets Department (October 3, 2017): No concerns.

Public Comments: No comments as of October 10, 2017.

Attachments:

Appendices A-E to Report COA2017-049.p Appendix “A” – Location Map Appendix “B” – Aerial Photo Appendix “C” – Applicant’s Sketch Appendix “D” – Elevations Appendix “E” – Department and Agency Comments

Phone: 705-324-9411 ext. 1206 E-Mail: [email protected] Department Head: Chris Marshall Department File: D20-17-044

The Corporation of the City of Kawartha Lakes Committee of Adjustment Report – DARMAR FARMS INC. Report Number COA2017-050

Public Meeting Meeting Date: October 19, 2017 Time: 1:00 pm Location: Council Chambers, City Hall, 26 Francis Street, Lindsay

Ward: 16 – Geographic Township of Manvers

Subject: An application to sever approximately 0.72 hectares of residential land with a dwelling. Approximately 102.28 hectares of retained agricultural land will be consolidated with a non- abutting farm operation. The dwelling on the land to be severed is considered surplus to the farm operation. The property is located at 510 Telecom Road, geographic Township of Manvers (File D03-17-003).

Author: David Harding, Planner I Signature:

Recommendations: RESOLVED THAT Report COA2017-050 Darmar Farms Inc., be received;

THAT consent application D03-17-003, being an application to sever approximately 0.72 hectares of residential land with a residence deemed surplus to a farm operation as a result of a farm consolidation, and retain approximately 102.28 hectares of agricultural land, be GRANTED. Conditions: 1) That this approval applies to the transaction applied for. 2) The owner 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 is rezoned to prohibit residential use, and the By-law be in effect. 3) The owner’s solicitor shall certify that the land owner registered on title of the lands subject to this application, being Darmar Farms Inc., is identical to the land owner registered on the title of additional non-abutting farm parcels with which the retained agricultural parcel is being consolidated, being PINs 631800216 – 45 Black School Road, 631830142 – 1187 Opmar Road, 632420058 – 2616 Highway 35, and 631820055 – 781 Linden Valley Road, and that such farm parcels are operated as one farm operation. Report COA2017-050 D03-17-003 Page 2 of 7

4) Submit to the satisfaction of the Secretary-Treasurer a Natural Heritage Evaluation (NHE), which evaluates the proposed lot in relation to the significant woodland features. The NHE shall be carried out in accordance with Section 23 of the Oak Ridges Moraine Conservation Plan. 5) That should the NHE identified in condition 4 require the maintenance and/or improvement and/or restoration of natural self-sustaining vegetation in order to ensure the long-term protection of the significant woodland feature(s), the owner shall enter into a consent agreement with the City, in accordance with Sections 16(2) and 32(4) of the Oak Ridges Moraine Conservation Plan. The agreement shall establish conditions requiring the maintenance and/or improvement and/or restoration of natural self- sustaining vegetation. 6) Submit to the Secretary-Treasurer written confirmation from the City’s Manager of Roads Operations that an entrance permit in accordance with the City’s Public Works entrance procedure, respecting the lot to be severed, has been completed to the Manager’s satisfaction. 7) 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. 8) 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. 9) Payment of the stamping fee prevailing at the time the deeds are stamped, for the review and clearance of these conditions. The current fee is $432.75. Payment shall be made by certified cheque, money order, or from a lawyers trust account. 10) Submit to the Secretary-Treasurer a deed in triplicate for endorsement with the certificate of consent which deed shall contain a registerable description of the parcel of land described in the decision. 11) The owner shall pay all costs associated with the registration of the required documents. 12) The owner’s solicitor shall provide a written undertaking to the Secretary- Treasurer confirming, pursuant to Subsection 53(43) of the Planning Act, that the deed in respect of this transaction shall be registered in the proper land registry office within six months from the date that the Secretary- Treasurer’s certificate is stamped on the deed, failing which the consent shall lapse. 13) The owner’s solicitor shall also undertake to provide a copy of the registered Transfer to the Secretary-Treasurer as conclusive evidence of the fulfillment of the above-noted undertaking. 14) All of these conditions shall be fulfilled within a period of one year after the giving of the Notice of Decision of the Committee of Adjustment, pursuant to Subsection 53(41) of the Planning Act, failing which this consent shall be deemed to be refused. Report COA2017-050 D03-17-003 Page 3 of 7

Background: The owner, Darmar Farms Inc., has applied to sever a dwelling which is deemed surplus to its farm operation as a result of a farm consolidation. A concurrent zoning by-law amendment application, file D06-17-002, has been submitted by the applicant, Clark Consulting Services. The subject property is one of the host properties for the Settlers Landing wind turbine project (REA Number 8992-9TVSKD).

Supporting Documents: The applicant has submitted to following reports in support of the application, which have been circulated to various City Departments and commenting agencies for review: 1. Planning Justification Report prepared by Clark Consulting Services dated September 19, 2016. 2. Minimum Separation 1 Calculation, Type A prepared by Clark Consulting Services dated November 15, 2016.

Owner: Darmar Farms Inc - Dale McFeeters

Applicant: Clark Consulting Services – Bob Clark

Legal Description: Part Lots 8 and 9, Concession 3, geographic Township of Manvers, City of Kawartha Lakes

Official Plan: “Countryside Area” – City of Kawartha Lakes Oak Ridges Moraine Policy Area

Zone: “Oak Ridges Moraine Countryside Area (ORMCS) Zone” – City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005- 133

Site Size: Severed – 0.72 hectares Retained – 102.28 hectares

Site Servicing: Severed – private individual well and sewage system Retained – none

Adjacent Uses: North, East: Agricultural South, West: Agricultural, Rural Residential Rationale: Policy Conformity: Growth Plan for the Greater Golden Horseshoe, 2017 (GP) Relevant Sections: 2.2.2.1(i) The Growth Plan (GP) provides that development (lot creation) is to be directed to settlement areas, except where necessary for development related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas. Farmhouse dwellings, by Report COA2017-050 D03-17-003 Page 4 of 7 their nature, cannot be located within settlement areas. The farmhouse dwelling upon the agricultural lot is no longer needed, as the land has been consolidated with another farm operation and the farm operation does not require this dwelling as part of its operations. The application conforms to the Growth Plan.

Oak Ridges Moraine Conservation Plan, 2017 (ORMCP) Relevant Sections: 13, 15, 22, 32 The subject property is classified as Countryside Area within the ORMCP. The ORMCP provides that Countryside Areas are to be used primarily for agricultural and other rural purposes. An existing dwelling deemed surplus to a farm operation as a result of a farm consolidation may be severed provided the new lot is not made any larger than necessary to for its needed sewage and well services and that the retained land is rezoned to prohibit residential development. When development is proposed within an area of influence of a key natural heritage feature, such as a significant woodland or wetland, but is outside of the minimum vegetation protection zone for said feature, Section 22(3) requires a natural heritage evaluation be conducted to demonstrate no adverse impacts to the feature and identify opportunities to maintain, improve or restore the connectivity within and between key natural heritage features. In this case, the proposed lot is within the 120 metre area of influence of a significant woodland, but is outside of the minimum vegetation protection zone. Where natural heritage features are present, an agreement is required to maintain and/or improve and/or restore natural self-sustaining vegetation. Conditions 4 and 5 are recommended in order to satisfy Sections 22(3), 16(2), and 32(4). Provided conditions 4 and 5 are approved, the application conforms to the ORMCP.

Provincial Policy Statement, 2014 (PPS) Relevant Sections: 2.3.3, 2.3.4 The PPS, through policies 2.3.3 and 2.3.4 provides that agricultural uses and normal farm practices within prime agricultural areas shall be promoted and protected, and lot creation discouraged. The City of Kawartha Lakes Oak Ridges Moraine Policy Area identifies the subject property as being within an area of prime agricultural soils. Residential lot creation within a prime agricultural area may only be permitted for a residence surplus to a farming operation as part of a farm consolidation provided residential use is not permitted on the retained agricultural land. Condition 2 is recommended to rezone the agricultural land to preclude residential use. The PPS further stipulates that lot creation must comply with the Minimum Distance Separation (MDS) formulae. The applicant has submitted documentation which demonstrates that the proposed residential lot complies with the MDS formulae.

Report COA2017-050 D03-17-003 Page 5 of 7

City of Kawartha Lakes Oak Ridges Moraine Policy Area (ORMPA) Land Use Designation: Countryside Area Within the City of Kawartha Lakes Official Plan, the ORMPA applies to the subject property. The subject property is designated Countryside Area within the ORMPA, and contains soils identified as prime agricultural soils. Agricultural and other rural uses are anticipated within this designation, and prime agricultural soils are to be protected in order to provide for the continuation of normal farm practices. As a consent to sever a dwelling surplus to a farm consolidation is proposed, the type of activity, partnered with the condition for a zoning by-law amendment to prevent further residential development, will ensure the continued protection of agricultural land from non-agricultural development. A lot may be created within the Countryside Area designation provided that it complies with the applicable policies with the ORMCP. The application conforms to the policies contained in the ORMPA.

Zoning By-law Conformity: City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133 Zone Category: Oak Ridges Moraine Country Side Area (ORMCS) Zone Proposed Severed Land - Compliance With Zone Requirements Proposed Required

Proposed Land Use Residential Residential Oak Ridges Moraine Country Side Area (ORMCS) Zone Category Zone (treated as a Rural Residential Type One (RR1) Zone) Lot Frontage 77.17 metres 38 metres Lot Area 7200 square metres 2000 square metres Compliance Yes Yes

Proposed Retained Land - Compliance With Zone Requirements Proposed Required Proposed Land Use Agricultural Agricultural Oak Ridges Moraine Country Side Area (ORMCS) Zone Category Zone Lot Frontage 511.21 metres 183 metres Lot Area 102.28 hectares 32 hectares Compliance Yes Yes

Section 10.2.1 of the zoning by-law states that residential lots created by consent that are no greater than 1 hectare in area are to be used in accordance with the Report COA2017-050 D03-17-003 Page 6 of 7

RR1 Zone provisions. The proposed severed and retained lots comply with the minimum lot area and size requirements as show in the tables above. The dwelling complies with the minimum setback and lot coverage requirements of the RR1 Zone.

Other Alternatives Considered: No other alternatives have been considered at this time.

Consultations: Notice of this application was circulated in accordance with the requirements of the Planning Act.

Agency Comments: Building Division (April 28, 2017): No concerns. Building Division – Part 8 Sewage Systems (February 1, 2017): No concerns. Community Service Department (May 8, 2017): Requests 5% cash-in-lieu pf parkland for the lot to be created. Engineering and Corporate Assets Department (January 31, 2017): The severed and retained parcels must have separate entrances. An entrance permit is required for any new proposed entrances to the lot. Kawartha Region Conservation Authority (May 12, 2017): No concerns. Ministry of the Environment and Climate Change (March 14, 2017): A renewable energy act approval does not prohibit the proposed severance.

Public Comments: Vernon Gunness, 521 Telecom Road (May 10, 2017): Letter of concern. See Appendix “D”. Paul Richardson, 423 Highway 35 (May 10, 2017): Letter of objection. See Appendix “D”.

Planning Staff Comments: Planning staff are of the opinion that payment of cash-in-lieu or the dedication of parkland in this situation is not necessary, as the residential use on the lot to be created has existed since 2004 (MPAC) and, since no new residential lot is being created, there is no new demand for park services. In accordance with Engineering and Corporate Assets comments, condition 6 is recommended to ensure separate and distinct access to the severed residential lot is possible. The letters of concern and objection raised concern over whether a farm consolidation was taking place, whether policy permitted the severance of the dwelling, and whether the REA approval has any bearing on the application. After Report COA2017-050 D03-17-003 Page 7 of 7 careful review and consideration, it has been determined that the proposal does comply with applicable policy and by-laws.

Conclusion: This application conforms to the applicable policies of the 2014 PPS, and the 2017 GP and ORMCP. It is consistent with the applicable policies of the ORMPA and complies with the relevant provisions of the City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133. Staff note that all fees referred to in this report are 2017 rates and are subject to change as of January 1, 2018.

Attachments:

Appendices A-D to Report COA2017-050.p Appendix ‘A’ – Location Map Appendix ‘B’ – Aerial Photo Appendix ‘C’ – Application Sketch Appendix ‘D’ – Department, Agency and Public Comments

Phone: 705-324-9411 ext. 1206 E-Mail: [email protected] Department Head: Chris Marshall Department Files: D03-17-003