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Township of Douro-Dummer Agenda for a Committee of Adjustment Meeting Friday, February 26, 2021, 9:00 a.m. Douro-Dummer YouTube Channel https://www.youtube.com/channel/UCPpzm-uRBZRDjB89o2X6R_A Electronic Meetings On August 4, 2020 Council amended the Township Procedure By-Law to permit meetings to be held electronically and to allow members participating electronically to be counted towards quorum. Until further notice, Township meetings are being held electronically. Meetings will be recorded and live-streamed on the Township YouTube channel. Please contact the Clerk if you require an alternative method to virtually attend the meeting. [email protected] or 705-652-8392 x205 Pages 1. Call to Order by Chair: 2. Disclosure of Pecuniary Interest: 3. Approval of Minutes: January 29, 2021 1 4. Minor Variance Applications: 4.1. A-01-21 4 Applicant: Fraser Sutherland Agent: Kawartha Lakes Construction Con. 7, Lot 34, Block B 1020 Stony Lake- Island 35, Dummer Ward Property Roll Number: 1522-020-005-74100 4.2. A-02-21 26 Applicants: David Dembroski and Jody Scotchmer Agent: Kawartha Lakes Construction Plan 3, Lot 8 532 Stony Lake- Island 21, Dummer Ward Property Roll Number: 1522-020-004-35000 5. Correspondence/Information Items: 5.1. Association of Municipalities Ontario - Land Use Training: Beyond the 46 Basics 6. Next Meeting Date: March 26, 2021 7. Adjournment 1 Minutes of the Township of Douro-Dummer Committee of Adjustment Meeting January 29, 2021, 9:00 AM Douro-Dummer YouTube Channel https://www.youtube.com/channel/UCPpzm-uRBZRDjB89o2X6R_A Present: Chair, Deputy Mayor - Karl Moher Member - Wendy Dunford Member - Ken Jackman Member - Jim Patterson Member - Ed Reid Staff Present Secretary-Treasurer – Martina Chait-Hartwig Administrative Assistant - Nicole Zenner Absent: Administration Assistant - Vanessa Sweeting 1. Call to Order by Chair: The Chair called the meeting to order at 9:02 a.m. 2. Disclosure of Pecuniary Interest: The Chair reminded members of their obligation to declare any pecuniary interest they might have. None were declared. 3. Approval of Minutes: November 27, 2020 Resolution Number 27-2021 Moved By Wendy Dunford Seconded By Ed Reid That the Minutes from the Committee of Adjustment Meeting, held on November 27, 2020, be received and approved, as circulated. Carried Page 1 of 46 2 4. Minor Variance Applications: Resolution Number 28-2021 Moved By Ken Jackman Seconded By Wendy Dunford That Minor Variance A-07-20 for David and Jaclita Hubbs be approved as requested, for the life of the structure* to facilitate the issuance of a building permit for the construction of a small infill addition to the dwelling, as shown on the site plan prepared by J. B. Fleguel Surveyors, Ontario Land Surveyor, dated November 29, 2020 attached to this Decision as Schedule ‘A’ and to bring the structure into compliance with the zoning by-law. This variance is deemed to be minor in nature and is appropriate for the development of this land. The application maintains the general intent of the Official Plan and Zoning By-law. Approval is conditional on the following: - The variance would be for the life of the structures only (definition) - That the existing entrance onto the subject lands be maintained providing internal access to the proposed garage. - Obtaining any necessary permits from ORCA, Douro-Dummer Building Department, Trent Severn Waterway and any other required ministry/agency - Proper Building Plans be submitted with the building permit application based on the design included on the site plan prepared by J. B. Fleguel Surveyors, Ontario Land Surveyor, dated November 29, 2020 attached to this Decision as Schedule ‘A’ and submitted with the minor variance application. - That verification from an Ontario Land Surveyor be provided to the Township’s Chief Building Official after the structure(s) are framed to confirm that all applicable setback requirements have been met and to ensure compliance with any relief granted by this decision of the Committee. - That if any archaeological artifacts are found during construction, that all development shall be halted immediately and the proper agency be contacted. Carried Resolution Number 29-2021 Moved By Ken Jackman Seconded By Ed Reid The Committee has not received any written or oral submissions from the public regarding minor variance application File A-07-20 and thus have made its decision on the basis of the application, and submissions from the following agencies Curve Lake First Nation, Otonabee Region Conservation Authority, Trent Severn Waterway and the staff report. Carried Page 2 of 46 3 5. Next Meeting Date: February 26, 2021 6. Adjournment Resolution Number 30-2021 Moved By Wendy Dunford Seconded By Jim Patterson That this meeting adjourn at 9:16 a.m. Carried _________________________ Chair, Karl Moher _________________________ Secretary-Treasurer, Martina Chait-Hartwig Page 3 of 46 Minor Variance Report Date: February 26, 2021 Application No. A-01-21 Applicant: Fraser Sutherland Agent: Kevin Grubb, Kawartha Lakes Construction Property Description: Con. 7, Lot 34, Block B 1020 Stony Lake- Island 35, Dummer Ward, Roll No. 020-005-74100 Purpose of Application: The property owner would like to construct a screen porch addition to join the existing bunky into the existing cottage with an open deck along the north side of the dwelling. To permit the addition and deck, variances are required to acknowledge the existing dwelling as a legal non-conforming structure, a lateral expansion to increase the dwelling size from 25% (31’) to 57% (61’), a variance of 32% and a decrease in the water yard setback from 30m (98.4’) to 13.5m (44.3’), a variance of 16.5m. Comments Received: Curve Lake First Nations: So long as there are no ground disturbing activities, there is no archaeological concern. Pier construction and filling activities where dirt is being brought in from other areas and not being scraped from the site are not concerns for us at this current juncture. I do not want to state it will never be a concern, however our current primary goal is protection of the sites. If the ground is not being disturbed, the potential sites are not either. Staff Comments: The subject property is zoned Island Residential (IR) Zone and residential uses are permitted within this zone. In this case, the applicant is seeking relief from Section 8.2.1 (f) – Minimum water yard and Section 3.28.1 (c) – shall not exceed 25 percent of the lateral dimension expansion of the existing building or structure. The applicants state the reason for the application for minor variance is as follows: “To acknowledge a legal non-conforming single dwelling unit and to allow for an addition to join the existing cottage and bunky.” (over) Page 4 of 46 This application is consistent with the Official Plan, as the Plan allows for infilling and minor expansion to existing buildings so long as the use does not change and there no further encroachment. The notice was circulated to the Management Team and no comments were received at the time of writing of this report. Photos of the property are attached to this report as the property cannot be visited due to the weather. Conformity to PPS: The application appears to be consistent with the PPS. The two proposed additions are both infill project and will not be reducing any of the existing setbacks. There is no concerns with flooding in this area and additional environmental studies are not required. Application of Four Tests: The Committee should state in the decision how the application meets/or does not meet the 4 tests: 1) The application is (or is not) minor in nature. 2) The application is (or is not) desirable and appropriate to the development of this land. 3) The application meets (or does not meet) the general intent of the Official Plan. 4) The application meets (or does not meet) the general intent of the Zoning By-law. Summary: The Committee will need to decide if the request is considered minor, that it is desirable and appropriate development of this parcel, and that the use intended meets the general intent of the Official Plan and Zoning by-law. Impact of Comments Received: The Committee will need to pass a resolution regarding the impact if any of any comments that were received regarding this application. Examples of the resolution could be as follows: a) The Committee heard from members of the public concerning the application and has given due consideration (___regarding additional information if needed_________) and weight to the written and oral submissions that have been made in favour and/or in opposition regarding this minor variance application File A-01-21. Page 5 of 46 b) The Committee has not received any written or oral submissions from the public regarding minor variance application File A-01-21 and thus have made its decision on the basis of the application, and/or submissions from Curve Lake First Nation and the staff report. Conditions if Approved: - The variance would be for the life of the structures only (definition) - Obtaining any necessary permits from ORCA, Douro-Dummer Building Department, Trent Severn Waterway and any other required ministry/agency - That proper Building Plans be submitted with the building permit application based on the design included on the site plan prepared by J. B. Fleguel Surveyors, Ontario Land Surveyor, dated January 20, 2021 attached to this Decision as Schedule ‘A’ and submitted with the minor variance application. - - That verification from an Ontario Land Surveyor be provided to the Township’s Chief Building Official after the structure(s) are framed to confirm that all applicable setback requirements have been met and to ensure compliance with any relief granted by this decision of the Committee.