Body: Council Type: Agenda Meeting: Regular Date: January 13, 2026 Collection: Council Agendas Municipality: Central Frontenac
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The Corporation of the Township of Central Frontenac Committee of Adjustment Agenda Tuesday, January 13, 2026 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON
Page 1.
CALL TO ORDER
APPOINTMENT OF CHAIR
a.
Nomination THAT _________________________ be nominated for the appointment of Chair of the Committee of Adjustment for 2026.
b.
Voting THAT ________________________ be appointed [acclaimed] as Chair for the Committee of Adjustment for 2026.
APPROVAL OF AGENDA a.
Agenda of January 13, 2026 THAT the agenda of January 13, 2026, be adopted as presented [amended].
DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF
APPROVAL OF MINUTES a.
Minutes of November 25, 2025
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11-25-2025 - Minutes -Draft.docx
THAT the minutes of November 25, 2025, be adopted as presented [amended]. Page 1 of 81
6.
DEFERRED ITEMS
APPLICATIONS FOR CONSENT
APPLICATIONS FOR MINOR VARIANCE a.
APPN-2025-0056 - SAKELL
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APPN-2025-0056 - Application APPN-2025-0056 - Sketch APPN-2025-0056 - Map APPN-2025-0056 - Conservaiton Comments APPN-2025-0056 - Planning Report APPN-2025-0056 - Photos from Site (not able to access lot due to seasonal road)
THAT Minor Variance application APPN-2025-0056 Sakell for Concession 1 Part Lot 15 Registered Plan 13R189;Part 9 & Part 11, Geographic Township Of Hinchinbrooke, Township Of Central Frontenac, be approved to permit a 6.7 square metre (72.12 square foot) addition to an existing cottage, resulting in a total building footprint of 133.5 square metres (1,437 square feet), and to permit the enclosure of a portion of the existing deck to create a screened porch. Permission is also requested for the installation of a septic system. AND THAT the effect of the application is to permit a variance from Section 5.6.2 & 4.26.5.a of the Zoning By-law 2011-52 as amended, to allow the development; AND FURTHER THAT the Secretary-Treasurer shall issue the Notice of Decision in accordance with the requirements of the Planning Act, including providing the Notice of Decision to the applicant, any person or public body that made a written request to be notified, and any other person or public body prescribed. b.
APPN-2025-0057 - HOTSON
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APPN-2025-0057 - Application APPN-2025-0057 - Sketch
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APPN-2025-0057 - Map APPN-2025-0057 - Conservaiton Comments (None required as conservation has issued a permit, received with the application) APPN-2025-0057 - Planning Report APPN-2025-0057 - Photos from Site
THAT Minor Variance application APPN-2025-0057 Hotston for Concession 10 Part Lot 7 Registered Plan 13R7661;Parts 1 to 3, 1082 Breen Lane, Geographic Township Of Hinchinbrooke, Township Of Central Frontenac, be approved to allow for the construction of a dwelling with a foot print of 133.8 square metre (1440 square feet), an attached covered porch with a footprint of 33.45 square metre (360 square feet), and a septic system to service the dwelling, all of which are unable to meet the required waterbody set back of 30m. AND THAT the effect of the application is to permit a variance from Section 5.6.2 & 4.26.5.a of the Zoning By-law 2011-52 as amended, to allow the development; AND FURTHER THAT the Secretary-Treasurer shall issue the Notice of Decision in accordance with the requirements of the Planning Act, including providing the Notice of Decision to the applicant, any person or public body that made a written request to be notified, and any other person or public body prescribed. 9.
OTHER PLANNING BUSINESS
ADJOURNMENT THAT this meeting be adjourned until February 10, 2026 at 5:00 p.m. virtually and in person in the Council Chambers located at 14216 Road 38, Sharbot Lake, or at the call of the chair. Adjourned at ____________p.m.
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The Corporation of the Township of Central Frontenac Committee of Adjustment Minutes Tuesday, November 25, 2025 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON
Roll Call Members: Susan Irwin, Dan Meeks, Nicki Gowdy, Duncan McGregor, Bill Everett, Lynn Klages, and Cindy Kelsey. Regrets: Frances Smith and Phillip Smith. Staff in Attendance: Abigail McKinnon, Chris Nelson, and Jennie Kapusta. Public in Attendance: Irene Locke, Julie Conner, Teresa Van Drunen. 1.
CALL TO ORDER
APPROVAL OF AGENDA a.
Agenda of November 25, 2025 Moved by: Cindy Kelsey Seconded by: Susan Irwin THAT the agenda of November 25, 2025 be adopted as presented. Carried
DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF None.
APPROVAL OF MINUTES a.
Minutes of November 11, 2025 Moved by: Dan Meeks Seconded by: Lynn Klages THAT the minutes of November 11, 2025 be adopted as presented. Carried
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5.
DEFERRED ITEMS None.
APPLICATIONS FOR CONSENT None.
APPLICATIONS FOR MINOR VARIANCE a.
APPN-2025-0024 - VAN DRUNEN Jennie Kapusta provided an overview of the application. Frances Smith asked if a stop-work order was in place, and Jennie Kapusta confirmed that all work has been halted. Duncan clarified that the application consists of two components: the addition to the building, which does not further encroach into the setback, and the deck addition, which does encroach. Mr. McGregor asked whether the application meets the “minor in nature” test for a minor variance. Ms. Kapusta explained that this request is being evaluated under Section 45(2) of the Planning Act, which applies different tests. She noted that she assessed the application based on its impact on neighbouring properties and natural features, which falls within the Township’s responsibility. Mr. McGregor then asked if the Committee could separate the application into two parts—one for the addition and one for the deck—as he could support the addition but not the deck proposal. Jennie Kapusta advised that the Committee must make a decision on the application as submitted. She noted, however, that the Committee could choose to defer the application to allow the applicants an opportunity to revise it. Abigail McKinnon further explained that if the applicants indicated during the meeting that they were prepared to Page 5 of 81
amend their application, the Committee could choose either to defer the matter to allow revisions or to deny the application and allow the applicants the opportunity to appeal to the Ontario Land Tribunal. Susan Irwin stated that she is guided by the Conservation Authority’s comments and noted that the work will still require a Conservation Authority permit, at which point Quinte would monitor the work. Mr. Van Drunen indicated that they would be willing to revise the application to remove the deck if necessary. There was some confusion regarding the decks and which portions were cantilevered. Ms. McKinnon clarified that one of the two proposed decks had already been removed from the application, as the applicants were unable to obtain engineering sign-off confirming the structure’s safety. Mr. McGregor stated that, in his opinion, the deck request is not minor in nature, given that the waterbody setback would be reduced from 30 metres to 0.5 metres. Frances Smith stated that she did not have a concern with the application and reiterated Ms. Kapusta’s comments that the request is not being assessed under the standard minor variance tests. Jennie Kapusta further noted that under a Section 45(2) evaluation, the Committee may only assess the impact of the additional footprint being added. Mr. Meeks asked whether a permit had been obtained and whether the decks were up to code. Abigail McKinnon confirmed that no permits have been issued, as zoning compliance is required under the Ontario Building Code. She advised that a stop-work order and an order to comply were issued to allow the applicants to pursue a minor variance. If approved, the structures would still need to meet the Building Code before a permit could be closed. Page 6 of 81
Jennie Kapusta reminded the Committee that the application must be considered as though the structures do not currently exist, and the decision should reflect whether the Committee would permit the construction if it were not already built. Nicki Gowdy clarified that, under normal circumstances, the Committee would only review the sketch and not photos of existing construction or defects, and that the decision must be based on the submitted sketch. Abigail McKinnon further explained that minor variance approvals are intentionally specific. If, during the permit process, the structure could not meet the exact parameters approved by the Committee, it would need to be modified or the owners would need to reapply. She emphasized that, regardless of current construction, the applicants would only be permitted to build to the maximums approved by the Committee. If necessary, this could include removing and rebuilding the structure to meet the Building Code, provided it remained within the approved limits. Lynn Klages asked for confirmation that the applicants cannot apply for a building permit unless the Committee grants permission. Ms. McKinnon confirmed this. Ms. McKinnon added that if the Committee denies the application, the applicants would have the opportunity to appeal. If the appeal were successful, they would be permitted to keep what the Ontario Land Tribunal approves. If the appeal were denied, the structures would need to be removed, and no further work could occur until a decision is made. Mr. McGregor requested to make a motion, which was seconded by Danny Meeks. Moved by: Duncan McGregor Seconded by: Dan Meeks
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THAT APPN-2025-0024 VAN DRUNEN be deferred to allow the applicants the opportunity to revise the application to remove the deck proposed. Defeated Mr. Meeks asked whether there are any penalty options or fines for individuals who construct without permits or required permissions. Abigail McKinnon explained that the applicants have paid an increased application fee to cover the additional administrative work and site visits associated with the non-compliant construction. Ms. McKinnon also noted that she is preparing a report to Council regarding potential penalty options and enforcement measures. The committee carried the following motion. Moved by: Nicki Gowdy Seconded by: Susan Irwin THAT Minor Variance application APPN-2025-0024 Van Drunen for Concession 8, Part Lot 17, Geographic Township of Hinchinbrooke, Township of Central Frontenac, 1365 4th Lake Road, be approved to allow for the construction of a 41 square metres (441 square feet) addition to an existing cottage and an addition to the lower deck of 3.36 square metres (36.2 square feet). AND THAT the effect of the application is to permit a variance from Section 5.6.2 & 4.26.5.a of the Zoning Bylaw 2011-52 as amended, to allow the development; AND FURTHER THAT the Secretary-Treasurer shall issue the Notice of Decision in accordance with the requirements of the Planning Act, including providing the Notice of Decision to the applicant, any person or public body that made a written request to be notified, and any other person or public body prescribed. Carried - 5/2 b.
APPN-2025-0051 - LOCKE Jennie Kapusta provided an overview of the application.
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There were no comments respecting this application. The committee carried the following motion. Moved by: Lynn Klages Seconded by: Cindy Kelsey THAT Minor Variance application APPN-2025-0051 Locke for PLAN 1608 BLK T PT LOT 25 40;RP 13R6514 PART 3 KENNEBEC;LAKE, GEOGRAPHIC TOWNSHIP OF KENNEBEC, 1290 BLUE HERON RIDGE, TOWSHIP OF CENTRAL FRONTENAC., be approved to allow for the construction of a 21.9 square metre (235.7 square feet) screened porch addition to an existing 71.3 square metre (767.47 square feet) cottage. The addition will not further encroach on the waterbody setback of 30m. AND THAT the effect of the application is to permit a variance from Section 5.6.2 & 4.26.5.a of the Zoning Bylaw 2011-52 as amended, to allow the development; AND FURTHER THAT the Secretary-Treasurer shall issue the Notice of Decision in accordance with the requirements of the Planning Act, including providing the Notice of Decision to the applicant, any person or public body that made a written request to be notified, and any other person or public body prescribed. Carried 8.
OTHER PLANNING BUSINESS None.
ADJOURNMENT Moved by: Susan Irwin Seconded by: Nicki Gowdy THAT this meeting be adjourned until December 9, 2025 at 5:00 p.m. virtually and in person in the Council Chambers located at 14216 Road 38, Sharbot Lake, or at the call of the chair. Carried Adjourned at 5:42 p.m.
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Abigail McKinnon, Secretary Treasurer
Bill Everett, Chair
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TOWNSHIP OF CENTRAL FRONTENAC COMMITTEE OF ADJUSTMENT
14216 Road 38, P.O. Box 89, Sharbot Lake, Ontario K0H 2P0 Telephone: 613-279-2935 / Fax: 613-279-2422 www.centralfrontenac.com
APPLICATION TYPE FILE # NAME
MINOR VARIANCE APPN-2025-0056 STEPHEN & JUDY SAKELL
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QUINTE CONSERVATION - PLANNING ACT REVIEW QC File No. PL0251-2025 Municipality:
Township of Central Frontenac
Landowner:
Stephen and Judy Sakell
Location:
1123 Freeman Lane
Roll #:
10390400100290900000
Application Description:
Minor Variance Appl’n File No. APPN2025-0056
Regulated Feature:
St. Andrews Lake
Part Lot 15, Concession 1
Hinchinbrooke
Requesting relief from Section 5.6.2 and 4.26.5.a of the Township of Central Frontenac to allow for a 6.7 square metre (72.1 square foot) addition to an existing 126.8 square metre (1,364.9 square feet) dwelling. Additionally, relief is requested to allow an approximate 32.5 square metre (350 square foot) deck to be enclosed for interior living space.
Natural Hazard policies of the Provincial Planning Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 5.2 of the Provincial Planning Statement (PPS) (2024). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches, and unstable bedrock. Generally, the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with Section 5.2 of the PPS.
Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits)
Comments:
The subject lands lie within the regulated area of St. Andrews Lake (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits). The flood plain delineated on Page 10 of the Myers Design & Build drawing set, dated November 25, 2025, approximates the 1:100-year flood plain elevation for St. Andrews Lake along the 171-metre contour elevation line. As per the Page 10 drawing, the proposed habitable spaces, including the screened porch, bedroom 1 addition and bedroom 3 addition are located beyond Quinte Conservation’s required 15 metre setback from the 1:100-year flood plain. The closest of habitable areas is the screened porch which is located approximately 18 metres from the 1:100year flood plain. Based on the above, the application remains consistent with Section 4.12 of Quinte Conservation Policy Manual to Implement the CA Act and O. Reg. 41/24 (dated May 2025). The location of the proposed septic system is yet to be confirmed; however, the site plan drawing on Page 10 illustrates the septic system to be located southwest of the dwelling and beyond the 15-metre setback from the 1:100-year flood plain. Provided the septic system location meets the minimum 15-metre flood plain setback, this office has no concerns with the proposed septic system location on the property. Any proposed development activity (including construction / filling/ excavation/ site grading/ change of use) located within 30 metres of the 1:100-year flood plain of St Andrews Lake will require a permit from this office. These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.
Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Page 1 of 2
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Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.
Other Potential Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these matters. If the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant.
Final Comments:
Quinte Conservation has no objection to the minor variance application as presented. The proposed habitable additions to the dwelling meet the minimum 15 metre 1:100-year flood plain setback from the lake. Provided that the proposed septic system location is sited beyond the 15metre setback from the flood plain, staff have no concerns with the proposed development. A permit from this office will be required for any development activity within 30 metres of the 1:100-year flood plain of St Andrews Lake. Staff request that a copy of the decision on the application be forwarded to this office, when available.
November 27, 2025 Date
Sam Carney Planning Technician
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Planning Report To:
Members of Committee of Adjustment
Prepared By:
Jennie Kapusta, Community Planner, County of Frontenac
Reviewed By:
Sonya Bolton, Manager of Community Planning, County of Frontenac
Re:
Application for Permission to Expand a Legal Non-Complying Structure and Minor Variance to Install a New Septic System
Legal Description: Part Lot 15, Concession 1, Geographic Township of Hinchinbrooke Address:
1123 Freeman Lane
File Number:
APPN-2025-0056 (Sakell)
Owner(s):
Stephen and Judy Sakell
Applicant:
Myers Design & Build
Date of Meeting:
January 13, 2026
Recommendation Planning staff are recommending that the Committee of Adjustment for the Township of Central Frontenac receive comments from the public, and subject to any issues being raised at the public meeting, approve this application for permission to expand a legal non-complying structure and minor variance to install a new septic system, subject to the conditions outlined in Appendix A of this report.
Proposal This application proposes to demolish a portion of the existing dwelling and construct an addition that will convert portions of an uncovered and unenclosed deck and existing screened porch into interior living space, as well as increasing the footprint of the structure by 6.7 square metres (72.12 square feet). The additional footprint will be Committee of Adjustment | APPN-2025-0056 (Sakell) Planning Report Page 1 of 15 Page 27 of 81
added to the non-water side of the existing dwelling. This reconfiguration will also convert a portion of the existing uncovered and unenclosed deck area into an enclosed screen room. There will be no further encroachment towards the lake than the existing structure.
Figure 1: Sketch submitted with the application showing the existing dwelling (red area) and existing deck (yellow area). Also, shown is the proposed interior living space increase (blue outlines) and portion of the existing deck to be converted to a screen room (orange square). This application is also proposing to install a new Class 4 sewage disposal system with the leaching bed to be a minimum of 21 metres (70 feet) from the high-water mark of St. Andrew Lakes, to service the reconfigured and enlarged dwelling. This system will be located on the south side of the dwelling. Planning staff would like to note that the Township Zoning By-law measures waterbody setbacks to the seasonal high-water mark of a waterbody, however, in this case Quinte Conservation Authority requested that the setbacks also be measured to the mapped Committee of Adjustment | APPN-2025-0056 (Sakell) Planning Report Page 2 of 15 Page 28 of 81
floodplain boundary for St. Andrew Lakes. For the subject property the high-water mark corresponds to the 1:100 year floodplain boundary.
Figure 2: Sketch submitted by the agent showing the location of the existing development, the proposed septic system leaching bed (yellow square) and the mapped 1:100-year floodplain boundary (red dashed line). Existing Development •
The existing single-storey dwelling has a footprint of 126.8 square metres (1,365 square feet) including the attached uncovered and unenclosed deck. This structure has a waterbody setback of approximately 16.3 metres (53.5 feet).
•
Storage shed with a footprint of 7.4 square metres (80 square feet) and a waterbody setback of approximately 2 metres (6.7 feet).
•
Outhouse with a footprint of 1.5 square metres and a waterbody setback of approximately 34.2 metres (112.2 feet).
•
Holding tank in proximity to the existing dwelling.
Minor Variance Minor variance approval is required for the development of the subject property for the following reasons:
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Variance 1: Section 4.26.5(a) of the zoning by-law requires a minimum setback from the high-water mark of a waterbody for any building, structure or sewage disposal system of 30 metres (98.4 feet). This application proposes a minimum waterbody setback for a new sewage system of 21 metres (70 feet); a variance request of 9 metres (29.5 feet). Variance 2: Section 5.6.2 of the zoning by-law requires a minimum front yard (with shoreline frontage) of 30 metres (98.4 feet) for accessory structures. This application proposes a minimum waterbody setback for a new sewage system of 21 metres (70 feet); a variance request of 9 metres (29.5 feet).
Background Information Information Category
Response
Official Plan designation
Rural Area and within the Waterfront District
Zoning
Waterfront Residential (RW)
Size (area) of subject property
0.25 hectares (0.61 acres)
Existing road frontage and access
Approximately 123.5 metres (269 feet) along Freeman Lane
Waterfrontage
Approximately 34 metres (305 feet) on St. Andrew Lakes
Natural heritage features
St. Andrew Lakes
Existing Development
Dwelling, accessory structures, and septic system
Surrounding land uses
Developed waterfront residential lots along the shoreline of St. Andrew Lakes with naturally vegetated and agricultural use parcels inland.
Public Notice A notice was placed on the subject property, and a notice of the public meeting was posted to the Township website, 10 days in advance of the meeting, in accordance with Section 3(4.1) of Ontario Regulation 200/96 under the Planning Act, R.S.O. 1990, c. P.13. The alternative of posting on the Township website was necessary because staff were unable to mail out the public notice due to the Canada Post strike.
Pre-application Consultation
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The applicant consulted with Township and County staff prior to the submission of this application.
Comments Quinte Conservation Authority (QCA) This application was circulated for review to Quinte Conservation Authority. Comments dated November 27, 2025 indicated no objections to the application as submitted. These comments noted that the proposed habitable additions to the dwelling meet the QCA required minimum 15 metre (49.2 foot) setback to the 1:100-year floodplain (located along the 171 metre contour elevation line); and that provided the proposed septic system is sited beyond the 15 metre setback from the floodplain staff have no concerns with the proposed development. QCA staff are satisfied that the application as presented is consistent with Section 5.2 (Natural Hazards) of the PPS, as development can occur beyond identified hazard lands. It was noted that the owners will need to apply to QCA for a permit prior to any development activity (demolition, construction, site alteration/filling/grading) within 30 metres (98.4 feet) of the 1:100-year floodplain of St. Andrew Lakes. The QCA permit process is separate from this Township planning approval process. Septic Approval Authority This application was circulated to the Township Building Department for septic review. The property currently contains an outhouse and a holding tank, per the information provided by the applicants. However, there are no records of any sewage disposal system being installed on this property; therefore, it was not possible to undertake a performance review of the system. The applicants will be installing a new Class 4 septic system to service the enlarged/ reconfigured dwelling. This system will replace the existing holding tank that is located in proximity to the dwelling. The leaching bed of this system will have a minimum setback of 21 metres (70 feet) from the high-water mark of the lake which is greater than the minimum 15 metre (49.2 foot) setback to the 1:100-year floodplain as required by Quinte Conservation Authority, and the minimum 15 metre (49.2 foot) setback to the seasonal high-water mark of St. Andrew Lakes as required by the Ontario Building Code. However, it is less than the 30 metre setback required by the Township Zoning By-Law; therefore, a minor variance is required.
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Public Comments As of the writing of this report, no public comments had been received regarding this application.
Conformity and Consistency with Policy Planning Documents Applications for permission to expand a non-complying structure and applications for minor variance are required to be consistent with the Provincial Planning Statement, 2024 and conform to both the County of Frontenac Official Plan and the Township of Central Frontenac Official Plan. It is the opinion of planning staff that the proposed changes to the existing structure and property are consistent with and conform to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below.
Central Frontenac Zoning By-Law Number 2011-52 The subject property is an existing developed waterfront lot that is zoned Waterfront Residential (RW) in the Township of Central Frontenac Zoning By-Law Number 201152. The RW Zone permits single detached dwellings and a variety of low-impact accessory uses. The RW zone permits a maximum lot coverage of 10 percent for a dwelling located within 60 metres of the high-water mark of a waterbody. The enlarged structure will have a total footprint of 133.5 square metres (1,437 square feet) which equals a lot coverage of 6.3 percent. The existing dwelling on the property was constructed before the current Zoning By-law came into effect and is therefore considered to be a non-complying use. Section 4.28.4(b) of the Zoning By-law allows the renovation and/or reconstruction of existing non-complying buildings or structures provided the renovation and/or reconstruction does not increase the gross floor area. Since the application proposes to increase the gross floor area of the existing dwelling structure, approval is required under Section 45(2) of the Planning Act. The Zoning By-law requires all non-waterfront buildings and structures to be located a minimum of 30 metres (98.4 feet) from the highwater mark of any waterbody. The intent of the 30 metre (98.4 foot) waterbody setback is to provide a vegetative buffer between a development envelope and shoreline for the purpose of maintaining aquatic habitat, filtration of run-off, and reducing visual impacts of development on the waterfront character of the area.
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Planning Analysis and Considerations This application was reviewed against the policies of the Provincial Planning Statement 2024, the County of Frontenac Official Plan, and the Township of Central Frontenac Official Plan. The analysis below summarizes all relevant policies by theme. A list of all land-use planning policies relevant to these applications are found in Appendix B of this report. Waterfront and Rural Character The proposed addition will be located no closer to the high water mark of St. Andrew Lakes than the existing dwelling structure. The scale of the enlarged dwelling is in keeping with the other residential development along the shoreline of St. Andrew Lakes and Freeman Lane. The enlarged dwelling will not exceed the permitted lot coverage within 60 metres of the high-water mark of the lake and no shoreline vegetation removal is proposed as part of the construction of the addition. Overall County planning staff are of the opinion that the proposed development will have no negative impact on the waterfront character of St. Andrew Lakes. Natural Heritage The enlarged dwelling will have a lot coverage well under the maximum allowed within 60 metres of a waterbody and is considered to be a small-scale proposal. The reconfiguration of the dwelling will increase the amount of gross floor area, but will reduce the number of bedrooms, and the enlarged dwelling will be serviced with a new Class 4 septic system. This new septic system will aid in limiting potential negative impacts on the water quality of St. Andrew Lakes. The location of the existing dwelling makes it impossible to construct any addition that complies with the minimum required waterbody setback. The proposed addition to the dwelling will be located on the non-water side of the structure and will not require any vegetation removal along the shoreline or where the addition is proposed to be located. The enlarged dwelling will not further reduce the existing non-complying waterbody setback which also aids in limiting potential negative impacts on St. Andrew Lakes. County planning staff do not anticipate any negative impact on the quality of the waterbody as a result of this application. Natural and Human-Made Hazards There were no human made hazards identified on the subject property. As noted in the Comments section above, this application was reviewed by Quinte Conservation Authority (QCA) who indicated no objections to the application as submitted and no natural hazard concerns for the property. Sewage Disposal System Services Committee of Adjustment | APPN-2025-0056 (Sakell) Planning Report Page 7 of 15 Page 33 of 81
As noted in the Comments section above, the applicants will be installing a new Class 4 septic system to service the enlarged dwelling. The existing servicing of the subject property consists of an outhouse and an older holding tank, per the information provided by the applicants. As discussed in the Comments section above, the Township has no records of the installation of any type of sewage disposal system located on the subject property. Since there is no confirmation of the existing servicing or its location, minor variance approval is required to permit the installation of a new Class 4 septic system. Minimum Distance Separation No livestock facilities, aggregate extraction operations, or landfills were identified within the applicable screening areas surrounding the subject property.
Legal Non-Conforming Structures In accordance with Section 45(2) of the Planning Act, the Committee of Adjustment may permit the enlargement or extension of an existing legal non-conforming building or structure, where the use of such building or structure does not conform with the provisions of the Zoning By-law but legally has been in continuous existence before and following the date the By-law was passed. No permission may be given by the Committee to enlarge or extend the building or structure beyond the original limits of the land where the legal non-conforming building or structure is situated. In considering whether to grant a permission pursuant to Section 45(2), the relevant tests are: Whether the application is desirable for appropriate development of the subject property. County planning staff are of the opinion that this application is desirable for the appropriate development of the subject property. The proposed additions will increase the functionality of the dwelling for the owners and will not further reduce the existing non-complying waterbody setback. There are no negative impacts anticipated on the natural heritage features or the rural character of the waterfront area. Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood. County planning staff are of the opinion that the proposed enlarged dwelling will not result in any undue adverse impacts on the surrounding properties and neighbourhood. The enlarged structure is not anticipated to result in any loss of privacy or overlook to the abutting properties. The existing vegetation along the shoreline throughout the subject property will screen the addition from view from the lake and the surrounding properties. The proposed development is in keeping with the existing character of development along the shoreline of St. Andrew Lakes in the vicinity of the subject property and no
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negative impact is anticipated on the aesthetic or quality of the shoreline and waterbody.
Minor Variance Under Section 45(1) of the Planning Act a minor variance application must meet all of the four tests of minor variance. The four tests are:
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
- Does the application conform to the general intent and purpose of the Zoning Bylaw?
- Does the application conform to the general intent and purpose of the Official Plan? Planning staff are of the opinion that the proposed minor variance to permit the installation of a new Class 4 sewage disposal system meets the four tests of minor variance for the following reasons: Is the application minor? This application for the installation of a new Class 4 septic system is considered minor because it will be located in proximity to the existing dwelling and will improve the servicing of the subject property. The proposed reduction in waterbody setback exceeds the minimum setback requirements of both Quinte Conservation Authority and the Ontario Building Code. Is the application desirable for the appropriate development of the lands in question? Approving the proposed minor variance application is desirable for the appropriate development of the subject property because it will improve the servicing situation on the property which aids in limiting negative impacts on the water quality of St. Andrew Lakes. Does the application conform to the general intent and purpose of the Zoning Bylaw? It is the opinion of planning staff that the proposed variance conforms to the general intent and purpose of the Township of Central Frontenac Zoning By-law because upgrading the on-site services supports the intent of the 30 metre (98.4 foot) vegetated buffer by limiting negative impacts on the aquatic habitat along the shoreline of the subject property. There is no shoreline vegetation removal proposed to facilitate the installation of the sewage system, and the system will meet all other required setbacks.
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Does the application conform to the general intent and purpose of the Official Plan? It is the opinion of planning staff that the proposed variance conforms to the general intent and purpose of the Township of Central Frontenac’s Official Plan policies for the Waterfront District because there are no negative impacts anticipated on the water quality of St. Andrew Lakes. The installation of a new Class 4 septic system will more effectively service the property than the current outhouse and holding tank which is in line with the Township official plan policies to maintain the health of the waterbodies throughout the Township.
Conclusion Subject to any comments that may be received at the public meeting, it is recommended that the Committee of Adjustment approve application number APPN2025-0056, subject to the conditions outlined in Appendix A of this report.
Attachments Appendix A: Draft Conditions of Approval Appendix B: Relevant Planning Policy and Legislation Attachment 1: Site Plan Drawing, dated December 11, 2025 prepared by Craig Leeman of Myers Design & Build
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Appendix A: Draft Conditions of Approval Note: Conditions are a decision of the Committee of Adjustment; the conditions below are recommended. The final approved conditions will be included in the signed decision. Applicability
- That permission is granted through application APPN-2025-0056 to: a. Construct an addition to the existing dwelling located at 1123 Freeman Lane. This addition shall have a footprint of 6.7 square metres (72.12 square feet), be located on the non-water side of the dwelling and will square-off the structure. b. Convert 19.5 square metres (210 square feet) of an existing uncovered and unenclosed deck/screen room into interior living space. c. Convert 15.2 square metres (164 square feet) of an existing uncovered and unenclosed deck into a screen room.
- That a minor variance from Zoning By-Law Number 2011-52 is granted to: a. Install a new Class 4 septic system with a leaching bed to be located a minimum of 21 metres (70 feet) from the high-water mark, and 1:100-year floodplain boundary, of St. Andrew Lakes as shown on the Site Plan Drawing dated December 11, 2025, prepared by Craig Leeman of Myers Design & Build. This drawing shall be updated to remove the notation of the sewage system being a minimum of 15 metres from the 1:100-year floodplain prior to the issuance of a Township Building permit.
- This permission and minor variance approval does not include zoning relief for any other existing or future structures on the property.
- Application number APPN-2025-0056 is applicable only to the Township of Central Frontenac Zoning By-Law Number 2011-52, as amended, and not to any subsequent zoning by-laws. No Adverse Impacts
- The owner/applicant shall ensure that there are no adverse impacts on neighbouring properties as a result of the approved proposal, nor shall there be any increased runoff or grade changes to the property as a result of any excavation or downspout orientation.
- Sediment control measures shall be implemented throughout the construction process, mainly the placement of a sediment barrier, such as staked straw bales, between exposed soil and the lake. The sediment barrier shall remain in place and
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in good working order until all disturbed areas have been stabilized and revegetated. 7. All excavated material and accumulated sediment along sediment control measures shall be disposed of more than 30 metres (98 feet) of the waterbody. Excess soil or fill shall not be placed in any low area and shall not interfere with any seasonal or permanent wetlands or watercourse. 8. Natural drainage patterns on the site shall not be substantially altered such that additional run-off is directed towards the lake, or onto neighboring properties. In order to achieve this, eaves troughing shall be installed on the additions and outlet away from the lake to a leach pit or well-vegetated area to maximize infiltration. Building Permits 9. A building permit is required for all demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of Central Frontenac. 10. The owner/applicant shall provide to the Building Department a copy of the decision of the Committee of Adjustment, together with a copy of the Site Plan Drawing dated December 11, 2025, prepared by Craig Leeman of Myers Design & Build. This drawing shall be updated to remove the notation of the sewage system being a minimum of 15 metres from the 1:100-year floodplain prior to the issuance of a Township Building permit. The drawings submitted with the building permit application must, in the opinion of the Township, conform to the general intent and description of any approved drawings, including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. Additional variances may be required should further zoning deficiencies be identified through the Building Permit application process.
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Appendix B: Relevant Planning Policy and Legislation Provincial Planning Statement (2024) The Provincial Planning Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Under Section 3 of the Planning Act, all municipal decisions regarding planning applications “shall be consistent with” applicable provincial policy. When assessing consent and minor variance applications on rural lands, planning authorities must comply with Sections 2.5 and 2.6 of the PPS, and apply the relevant policies of the following sections: •
Chapter 3: Infrastructure and Public Service Facilities of the PPS contains policies that direct the development of public and private infrastructure including transportation networks, sewage, water and stormwater services, waste management, and public spaces, recreation, parks, trails, and open spaces.
•
Chapter 4: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural land, mineral and aggregate resources, and cultural heritage and archaeological resources for their economic, environmental and social benefits.
•
Chapter 5: Protecting Public Health and Safety of the PPS contains policies intended to reduce the potential for public cost or risk to Ontario’s residents from natural or human-made hazards. Conservation Authorities have provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 5.2 of the PPS.
The following policies are applicable to this application: •
Permitted uses on rural lands include residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; (Section 2.6.1.c).
•
Development that can be sustained by rural service levels should be promoted (Section 2.6.2).
•
Development shall be appropriate to the infrastructure, which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure (Section 2.6.3).
•
Conserving biodiversity and considering the ecological benefits provided by nature (Section 2.5.1.g).
•
Supporting healthy, integrated and viable rural areas by building upon rural character and leveraging rural amenities and assets (Section 2.5.1.a).
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•
Individual on-site water and sewage services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts (Section 3.6.4).
•
Natural features and areas shall be protected for the long term (Section 4.1.1).
•
Development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage and not create new or aggravate existing hazards (Section 5.1.1).
County of Frontenac Official Plan (2016) The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. The following policies are applicable to this application: •
Section 3.3, Rural Lands, provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Low density residential development, as well as rural-related commercial, industrial, recreational and institutional development, is permitted.
•
Section 3.3.3.4 Special Policies – Waterfront Areas provides policies that are intended to improve and protect waterfront areas as a significant cultural, recreational, economic and natural environmental resource and to maintain or enhance the quality of the land areas adjacent to the shore. Further, this section requires Township Official Plans to include criteria for determining an appropriate setback where an existing lot of record cannot achieve the minimum setback of 30 metres.
•
Section 4.2, Servicing, includes policies for the use of private on-site water and sewage services, provided that site conditions are suitable for the long-term provision of such services with no negative impacts.
•
Section 7, Environmental Sustainability, sets out policies for environmental sustainability and the protection of the natural heritage system and the ecological functions it provides.
Township of Central Frontenac Official Plan (2021) The property is designated as Rural Area and located within the identified Waterfront Area in the Township’s Official Plan. Official Plan policies regarding Waterfront Area speak to the importance of maintaining the health of waterbodies throughout the Committee of Adjustment | APPN-2025-0056 (Sakell) Planning Report Page 14 of 15 Page 40 of 81
Township due to their crucial role in the overall ecosystem. Following guidance from Section 4.8 of the Official Plan, consideration may be given to development within the Waterfront Area designation provided that such proposals are consistent with policies that are intended to maintain: water quality objectives, highly sensitive lake trout lakes, moderately sensitive lake trout lakes, other lakes and waterbodies, and application of lake management tools and monitoring. The following policies are applicable to this application: •
Residential development shall be adequately serviced with on-site water and sewage disposal services (Section 4.3.2.B).
•
It is Council’s intent that the water quality of all water bodies in the Municipality will be maintained at their present level or enhanced. Any new development must be considered in light of its effect of its impact on the environmental quality of any lake or river. (Section 4.8.1)
•
To ensure that built form does not become concentrated or dominate the Waterfront to the detriment of natural form. (Section 4.8.5.B)
•
To support redevelopment opportunities of waterfront properties while maintaining the character of the waterfront area. (Section 4.8.5.O)
•
It is a policy of Council to protect and manage the identified wetlands as ecosystems which are important as habitat for a variety of plant and animal species, for water quality, flood control and water storage and recharge areas and for their value for passive recreation (Section 4.10.1.B).
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TOWNSHIP OF CENTRAL FRONTENAC COMMITTEE OF ADJUSTMENT 14216 Road 38, P.O. Box 89, Sharbot Lake, Ontario K0H 2P0 Telephone: 613-279-2935 / Fax: 613-279-2422 www.centralfrontenac.com
APPLICATION TYPE FILE # NAME
MINOR VARIANCE APPN-2025-0057 MATTHEW HOTSTON
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ISSUED FOR REVIEW
No.
Oct 01/2025 Date
Description
Check and verify all dimensions before proceeding with the work Do not scale drawings
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Client: Brown & Co. Project: 1082 Breen Lane, Enterprise, ON Proposed Dwelling Drawing Title: Lot Grading & Septic Plan Drawing #: 1 of 2
Project #: DW-2025-1586 Designed by: PSW
Checked by: PSW
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ISSUED FOR REVIEW
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Description
Check and verify all dimensions before proceeding with the work Do not scale drawings
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Client: Brown & Co. Project:
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1082 Breen Lane, Enterprise, ON Proposed Dwelling Drawing Title: Septic Detail Plan Drawing #: 2 of 2
Project #: DW-2025-1586 Designed by: PSW
Checked by: PSW
Scale: 1:100
TOWNSHIP OF CENTRAL FRONTENAC HOTSTON APPLICATION FOR MINOR VARIANCE (APPN-2025-0057)
1082 BREEN LANE GEOGRAPHIC TOWNSHIP OF KENNEBEC North Frontenac
¥
Inset Map
Central Frontenac
South Frontenac
1066 BREEN LANE
Chippego Lake
Property Proposing Minor Variance 1082 BREEN LANE
1064 BREEN LANE
1090 BREEN LANE
1096 BREEN LANE
EN BRE
NE LA
Legend Road Parcels Subject Property Proposed Dwelling Waterbody
1102 BREEN LANE
0
5
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20 m
Produced by the County Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2025. While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Scale: 1:750
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Planning Report To:
Members of Committee of Adjustment
Prepared By:
Jennie Kapusta, Community Planner, County of Frontenac
Reviewed By: Frontenac
Sonya Bolton, Manager of Community Planning, County of
Re: Application for Minor Variance to Permit a Reduction in the Required 30 metre Waterbody Setback Address:
1082 Breen Lane
Legal Description: Part Lot 7, Concession 10, Geographic Township of Hinchinbrooke File Number:
APPN-2025-0057 (Hotson)
Owner(s):
Matthew Hotson
Applicant:
Nicole MacLauchlan, Brown & Co.
Date of Meeting:
January 13, 2026
Recommendation: Planning staff are recommending that the Committee of Adjustment for the Township of Central Frontenac receive comments from the public, and subject to any issues being raised at the public meeting, approve this application for minor variance to permit the construction of new dwelling within the required 30 metre (98.4 foot) waterbody setback of Chippego Lake.
Proposal: This application proposes to permit the construction of a new dwelling and the installation of a Class 4 septic system on a vacant lot of record. The subject property is municipally known as 1082 Breen Lane and has frontage along Breen Lane and Chippego Lake. Committee of Adjustment | APPN-2025-0057 (Hotson) Planning Report Page 1 of 15 Page 55 of 81
Figure 1: Sketch submitted with the application showing the proposed dwelling (blue outline), septic system area (orange outline) and high-water mark as flagged by Quinte Conservation Authority (red dashed line). The proposed new two-storey dwelling will have a footprint of 142.7 square metres (1,536 square feet), plus a 35.7 square metre (384 square foot) attached covered, but unenclosed porch on the water side of the dwelling. The upper level of this dwelling will contain an 83.2 square metre (896 square foot) loft area with 59.5 square metres (640 square feet) that is open to below. This structure will have a minimum waterbody setback of 15 metres (49.2 feet) to the high-water mark of Chippego Lake, measured to the edge of the attached covered porch. This dwelling will be located a minimum of 3.5 metres (11.5 feet) from the travelled portion of Breen Lane.
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This dwelling will be serviced by a new Class 4 septic system that will be located a minimum of 21.3 metres (69.9 feet) from the high-water mark of Chippego Lake. Minor Variance Minor variance approval is required for the development of the subject property for the following reasons: Variance 1: Section 4.26.5(a) of the zoning by-law requires a minimum setback from the high-water mark of a waterbody for any building or structure of 30 metres (98.4 feet). This application proposes a minimum waterbody setback for the dwelling of 15 metres (49.2 feet); a variance request of 15 metres (49.2 feet). Variance 2: Section 5.6.2 of the zoning by-law requires a minimum front yard (with shoreline frontage) of 30 metres (98.4 feet) for the main building. This application proposes a minimum waterbody setback for the dwelling of 15 metres (49.2 feet); a variance request of 15 metres (49.2 feet). Variance 3: Section 4.26.5(a) of the zoning by-law requires a minimum setback from the high-water mark of a waterbody for any building or structure of 30 metres (98.4 feet). This application proposes a minimum waterbody setback for the septic system of 21.3 metres (69.9 feet); a variance request of 8.7 metres (28.5 feet). Variance 4: Section 5.6.2 of the zoning by-law requires a minimum front yard (with shoreline frontage) of 30 metres (98.4 feet) for accessory buildings. This application proposes a minimum waterbody setback for the septic system of 21.3 metres (69.9 feet); a variance request of 8.7 metres (28.5 feet).
Background Information Information Category
Response
Official Plan designation
Rural Area and within the Waterfront District
Zoning
Residential Waterfront (RW)
Current size (area) of subject property
0.47 hectares (1.15 acres)
Existing road frontage and access
Approximately 86 metres (282.5 feet) along Breen Lane
Waterfrontage
Approximately 55 metres (180 feet) along Chippego Lake
Natural heritage features
Chippego Lake
Existing development
Vacant
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Information Category
Response
Surrounding land uses
Developed waterfront residential lots along the shoreline of Chippego Lake
Pre-application Consultation: The applicant consulted with Township and planning staff prior to the submission of this application.
Public Notice A notice was placed on the subject property, and a notice of the public meeting was posted to the Township website, 10 days in advance of the January 13, 2026 meeting, in accordance with Section 3(4.1) of Ontario Regulation 200/96 under the Planning Act, R.S.O. 1990, c. P.13. The alternative of posting on the Township website was necessary because staff were unable to mail out the public notice due to the Canada Post strike. This application was originally scheduled to be considered at the December 9, 2025 Committee meeting but the notice signs were not posted on the subject property 10 days in advance of that meeting, so the meeting had to be rescheduled.
Comments Quinte Conservation Authority (QCA) This application was not circulated for review by QCA because the conservation authority has already issued a development permit for both the dwelling and the septic system, despite no Township approval having been granted and the development not complying with the provisions of the Township zoning by-law for the Waterfront Residential zone. As part of the review process for the QCA permit, QCA staff visited the subject property September 20, 2025 and flagged the seasonal high-water mark of Chippego Lake. The setbacks noted in this application and shown on the plot plan in Figure 1 (above) are measured to this flagged boundary. The following photos (Figures 2 and 3) were provided by the applicant as part of the submission of this minor variance application. The subject property is flat and low lying compared to Chippego Lake and QCA required a minimum 15 metre (49.2 foot) setback from the flagged high-water mark to ensure any flooding concerns have been addressed. The size and layout of the subject property makes it challenging for the dwelling to achieve a greater waterbody setback than the QCA minimum requirements.
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Figure 2: Photo (looking north) submitted with the application showing the high-water boundary flagged by QCA staff September 20, 2025 (black line with circles).
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Figure 3: Photo (looking south) submitted with the application showing the high-water boundary flagged by QCA staff September 20, 2025 (black line with circles). Septic Approval Authority Provided with this application was a lot grading and septic plan (Project Number DW2025-1586) prepared by Partick Welch C.E.T. (BCIN 116186) of DW Land Development Services Inc. demonstrating that the location identified on the submitted plot plan (and approved QCA permit) is suitable for the installation of a Class 4 sewage disposal system as designed. Planning staff would like to note that the applicants will still need to obtain a Township building permit prior to the start of any construction. Public Comments There were comments received from a neighbour regarding this application. The primary concern was regarding potential alterations to the grading of the property as a result of the development such that there would be increased water directed towards the neighbouring property. Both the subject property and the neighbouring property are flat and low lying with the potential to be negatively impacted by flooding resulting from small changes to lot grading. Planning staff discussed these concerns with the neighbour and confirmed that one of the standard conditions of approval of minor variance applications is “Natural drainage Committee of Adjustment | APPN-2025-0057 (Hotson) Planning Report Page 6 of 15 Page 60 of 81
patterns on the site shall not be substantially altered such that additional run-off is directed towards the lake, or onto neighboring properties.” These comments also expressed concerns with the location of the seasonal high-water mark flagged by QCA staff as they have observed water further inland during the spring on multiple occasions. Planning staff are not qualified to determine or question the location of the high-water mark flagged by QCA. It was recommended that the neighbour reach out to QCA regarding this concern. Since QCA has already issued a development permit for both the dwelling and septic system planning staff are of the opinion that QCA staff are confident in their determination of the seasonal high-water mark.
Conformity and Consistency with Policy Planning Documents An application for a minor variance is required to be consistent with the Provincial Planning Statement, 2024 and conform to both the County of Frontenac Official Plan and the Township of Central Frontenac Official Plan. It is the opinion of planning staff that the proposed minor variance is consistent with and conforms to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below.
Township of Central Frontenac Zoning By-Law Number 2011-52 The subject property is zoned as Residential Waterfront (RW) in the Township of Central Frontenac Zoning By-Law Number 2011-52. The RW Zone permits single detached dwellings and a variety of low-impact accessory uses. The Zoning By-law requires all non-waterfront structures to be located a minimum of 30 metres (98.4 feet) from the highwater mark of any waterbody. The intent of the 30 metre (98.4 foot) waterbody setback is to provide a vegetative buffer between a development envelope and shoreline for the purpose of maintaining aquatic habitat, filtration of runoff, and reducing visual impacts of development on the waterfront character of the area. The development as proposed will have a lot coverage of 3.8 percent, which is less than the maximum 10 percent lot coverage permitted by the Zoning By-law and no shoreline vegetation is proposed to be removed to accommodate the development.
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Planning Analysis and Considerations Waterfront and Rural Character The proposed dwelling will be located in line with the existing development on neighbouring properties and the size and scale is in keeping with other waterfront development along Chippego Lake and is under the maximum permitted lot coverage for lots in the Waterfront Residential zone. This is in line with the Township official plan policies to limit the dominance of the built form in the waterfront area and maintain rural character. Overall County planning staff are of the opinion that the proposed development will have no negative impact on the waterfront character of Chippego Lake. Sewage Disposal System Services As noted in the Comments section above, the proposed dwelling will be serviced by a new Class 4 septic system whose location and design has been confirmed as suitable by a qualified septic designer. Natural Heritage The subject property has frontage along the shoreline of Chippego Lake. The proposed dwelling maximizes the waterbody setback, given the constraints of the property. The proposed septic system is setback 21.3 metres (70 feet) and is designed to minimize potential impacts on the water quality of the lake. On existing lots of record consideration may be given to reductions in the minimum required 30 metre (98.4 foot) waterbody setback, only if it is not physically possible or not environmentally desirable to meet the waterbody setback. County planning staff do not anticipate any negative impact on the quality of the waterbody as a result of this application. Minimum Distance Separation No aggregate extraction operations, livestock facilities or landfills were identified within the applicable screening areas surrounding the subject property. Natural and Human-Made Hazards There were no human made hazards identified on the subject property. As discussed in the Comments section above, Quinte Conservation Authority has already issued a permit for the proposed development and required a minimum 15 metre (49.2 foot) setback from the flagged high-water mark to ensure concerns regarding flooding potential had been addressed. As a result, County planning staff have no concerns with either natural or human-made hazards for the proposed development. Committee of Adjustment | APPN-2025-0057 (Hotson) Planning Report Page 8 of 15 Page 62 of 81
Minor Variance Under Section 45(1) of the Planning Act a minor variance application must meet all of the four tests of minor variance. The four tests are:
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
- Does the application conform to the general intent and purpose of the Zoning Bylaw?
- Does the application conform to the general intent and purpose of the Official Plan? Planning staff are of the opinion that the proposed minor variance to permit the development of an existing undersized lot of record meets the four tests of minor variance for the following reasons: Is the application minor? This application for the construction of a dwelling and septic system less than the required 30 metre (98.4 foot) waterbody setback is considered minor as the size and layout of the subject property limit the ability to further increase this setback. Is the application desirable for the appropriate development of the lands in question? Approving the proposed minor variance application is desirable for the appropriate development of the subject property because it will permit an existing lot of record to be developed. Does the application conform to the general intent and purpose of the Zoning Bylaw? It is the opinion of planning staff that the proposed variance conforms to the general intent and purpose of the Township of Central Frontenac Zoning By-law because the proposed development maximizes the waterbody setback given the constraints of the property. There is no shoreline vegetation removal proposed, the dwelling will not exceed the permitted lot coverage for the RW zone, and the development can meet all other required setbacks, all of which aid in limiting any negative impacts on Chippego Lake as a result of the proposal. Does the application conform to the general intent and purpose of the Official Plan? It is the opinion of planning staff that the proposed variance conforms to the general intent and purpose of the Township of Central Frontenac’s Official Plan policies for the Waterfront District because there are no negative impacts anticipated on the water quality of Chippego Lake. Also, the size, scale and location of the dwelling is in keeping with other waterfront development along the shoreline of Chippego Lake and in the vicinity of the subject property. This is in line with the Township official plan policies to limit the dominance of the built form in the waterfront area and maintain rural character.
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Conclusion Planning staff are recommending that the Committee of Adjustment approve application number APPN-2025-0057, subject to the conditions outlined in Appendix A of this report.
Attachments Appendix A: Draft Conditions of Approval Appendix B: Relevant Planning Policy and Legislation Attachment 1: Lot Grading and Septic Plan (Project Number DW-2025-1586) prepared by Partick Welch C.E.T. (BCIN 116186) of DW Land Development Services Inc. dated October 10, 2025
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Appendix A: Draft Conditions of Approval Note: Conditions are a decision of the Committee of Adjustment; the conditions below are recommended. The final approved conditions will be included in the signed decision. Applicability
- That minor variance is granted through application APPN-2025-0057 to permit: a. The construction of a dwelling with a footprint of 142.7 square metres (1,536 square feet), plus a 35.7 square metre (384 square foot) attached covered, but unenclosed porch on the water side of the dwelling. This dwelling shall have a minimum waterbody setback of 15 metres (49.2 feet) to the high-water mark of Chippego Lake, measured to the edge of the attached covered porch. This dwelling will be located a minimum of 3.5 metres (11.5 feet) from the travelled portion of Breen Lane. b. A Class 4 sewage disposal system with a minimum waterbody setback of 21.3 metres (69.9 feet) from the high-water mark of Chippego Lake.
- The Lot Grading and Septic Plan (Project Number DW-2025-1586) prepared by Partick Welch C.E.T. (BCIN 116186) of DW Land Development Services Inc. dated October 10, 2025 showing the high-water mark flagged by Quinte Conservation Authority shall be provided along with this decision to ensure compliance with the required setbacks.
- This minor variance approval does not include zoning relief for any other existing or future structures on the property.
- This variance is only applicable to Zoning By-Law Number 2011-52. No Adverse Impacts
- The owner/applicant shall ensure that there are no adverse impacts on neighbouring properties as a result of the approved proposal, nor shall there be any increased runoff or grade changes to the property as a result of any excavation or downspout orientation.
- Sediment control measures shall be implemented throughout the construction process, mainly the placement of a sediment barrier, such as staked straw bales, between exposed soil and the lake. The sediment barrier shall remain in place and in good working order until all disturbed areas have been stabilized and revegetated.
- All excavated material and accumulated sediment along sediment control measures shall be disposed of more than 30 metres (98 feet) of the waterbody. Excess soil or fill shall not be placed in any low area and shall not interfere with any seasonal or permanent wetlands or watercourse. Committee of Adjustment | APPN-2025-0057 (Hotson) Planning Report Page 11 of 15 Page 65 of 81
8. Natural drainage patterns on the site shall not be substantially altered such that additional run-off is directed towards the lake, or onto neighboring properties. In order to achieve this, eaves troughing shall be installed on the additions and outlet away from the lake to a leach pit or well-vegetated area to maximize infiltration. Building Permits 9. A building permit is required for all demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of Central Frontenac. 10. The owner/applicant shall provide to the Building Department a copy of the decision of the Committee of Adjustment, together with a copy of any approved drawings. The drawings submitted with the building permit application must, in the opinion of the Township, conform to the general intent and description of any approved drawings, including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. Additional variances may be required should further zoning deficiencies be identified through the Building Permit application process.
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Appendix B: Relevant Planning Policy and Legislation Provincial Planning Statement (2024) The Provincial Planning Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Under Section 3 of the Planning Act, all municipal decisions regarding planning applications “shall be consistent with” applicable provincial policy. When assessing consent and minor variance applications on rural lands, planning authorities must comply with Sections 2.5 and 2.6 of the PPS, and apply the relevant policies of the following sections: •
Chapter 3: Infrastructure and Public Service Facilities of the PPS contains policies that direct the development of public and private infrastructure including transportation networks, sewage, water and stormwater services, waste management, and public spaces, recreation, parks, trails, and open spaces.
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Chapter 4: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural land, mineral and aggregate resources, and cultural heritage and archaeological resources for their economic, environmental and social benefits.
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Chapter 5: Protecting Public Health and Safety of the PPS contains policies intended to reduce the potential for public cost or risk to Ontario’s residents from natural or human-made hazards. Conservation Authorities have provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 5.2 of the PPS.
The following policies are applicable to this application: •
Permitted uses on rural lands include residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; (Section 2.6.1.c).
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Development that can be sustained by rural service levels should be promoted (Section 2.6.2).
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Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure (Section 2.6.3).
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Conserving biodiversity and considering the ecological benefits provided by nature (Section 2.5.1.g).
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Supporting healthy, integrated and viable rural areas by building upon rural character and leveraging rural amenities and assets (Section 2.5.1.a).
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Individual on-site water and sewage services may be used provided that site conditions are suitable for the long term provision of such services with no negative impacts (Section 3.6.4).
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Natural features and areas shall be protected for the long term (Section 4.1.1).
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Development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards (Section 5.1.1).
County of Frontenac Official Plan (2016) The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. The following policies are applicable to this application: •
Section 3.3, Rural Lands, provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Low density residential development, as well as rural-related commercial, industrial, recreational and institutional development, is permitted.
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Section 3.3.3.4 Special Policies – Waterfront Areas provides policies that are intended to improve and protect waterfront areas as a significant cultural, recreational, economic and natural environmental resource and to maintain or enhance the quality of the land areas adjacent to the shore. Further, this section requires Township Official Plans to include criteria for determining an appropriate setback where an existing lot of record cannot achieve the minimum setback of 30 metres.
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Section 7, Environmental Sustainability, sets out policies for environmental sustainability and the protection of the natural heritage system and the ecological functions it provides.
Township of Central Frontenac Official Plan (2021) The property is designated as Rural Area and located within the identified Waterfront Area in the Township’s Official Plan. Official Plan policies regarding Waterfront Area speak to the importance of maintaining the health of waterbodies throughout the Township due to their crucial role in the overall ecosystem. Following guidance from Committee of Adjustment | APPN-2025-0057 (Hotson) Planning Report Page 14 of 15 Page 68 of 81
Section 4.8 of the Official Plan, consideration may be given to development within the Waterfront Area designation provided that such proposals are consistent with policies that are intended to maintain: water quality objectives, highly sensitive lake trout lakes, moderately sensitive lake trout lakes, other lakes and waterbodies, and application of lake management tools and monitoring. The following policies are applicable to this application: •
It is Council’s intent that the water quality of all water bodies in the Municipality will be maintained at their present level or enhanced. Any new development must be considered in light of its effect of its impact on the environmental quality of any lake or river. (Section 4.8.1)
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To ensure that built form does not become concentrated or dominate the Waterfront to the detriment of natural form. (Section 4.8.5.B)
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To support development and redevelopment opportunities of waterfront properties while maintaining the character of the waterfront area. (Section 4.8.5.O)
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On existing lots of record and lots in existing and approved Plans of Subdivision, consideration may be given to slight reductions to the minimum setback, only if it is not physically possible or is not environmentally desirable to meet this requirement and it can be demonstrated that there will be no negative impacts on fish habitat (Section 4.8.8.A.x)
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