Body: Council Type: Agenda Meeting: Regular Date: February 10, 2026 Collection: Council Agendas Municipality: Central Frontenac
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The Corporation of the Township of Central Frontenac Committee of Adjustment Agenda Tuesday, February 10, 2026 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON
Page 1.
CALL TO ORDER
APPROVAL OF AGENDA a.
Agenda of February 10, 2026 THAT the agenda of February 10, 2026 be adopted as presented [amended].
DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF
APPROVAL OF MINUTES a.
Minutes of January 13, 2026
3-8
01-13-2026 - Minutes - Draft .docx
THAT the minutes of January 13, 2026 be adopted as presented [amended]. 5.
DEFERRED ITEMS
APPLICATIONS FOR CONSENT
APPLICATIONS FOR MINOR VARIANCE a.
APPN-2025-0054 SMITH (MCKINNON)
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APPN-2025-0054 - Application APPN-2025-0054 - Sketch APPN-2025-0054 - Site Plan Page 1 of 82
APPN-2025-0054 - Septic Sketch APPN-2025-0054 - Map APPN-2025-0054 - Missippi Valley Conservaiton Authority Comments APPN-2025-0054 - Planning Report APPN-2025-0054 - Photos from Site
b.
APPN-2024-0020 HUSSEY
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APPN-2024-0020 - Application APPN-2024-0020 - Sketch APPN-2024-0020 - Map APPN-2024-0020- Quinte Conservaiton Authority Comments APPN-2024-0020 - Planning Report Site visit was conducted August 8, 2024 with Quinte Conservation Authority
OTHER PLANNING BUSINESS
ADJOURNMENT THAT this meeting be adjourned until March 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, January 13, 2026 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON
Roll Call Members: Lynn Klages, Chair; Bill Everett, Acting Chair; Members: Frances Smith, Susan Irwin, Dan Meeks, Phillip Smith, Nicki Gowdy, Duncan McGregor. Regrets: Cindy Kelsey, Member Staff in Attendance: Abigail McKinnon, Planning Coordinator; Chris Nelson, Community Services Coordinator and Jennie Kapusta, Community Planner, County of Frontenac 1.
CALL TO ORDER
APPOINTMENT OF CHAIR a.
Nomination Motion No. 2026-01 Moved by: Phillip Smith Seconded by: Susan Irwin THAT Lynn Klages be nominated for the appointment of Chair of the Committee of Adjustment for 2026. Carried
b.
Voting Motion No. 2026-02 Moved by: Phillip Smith Seconded by: Susan Irwin
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THAT Lynn Klages be acclaimed as Chair for the Committee of Adjustment for 2026. Carried c.
Acting Chair Motion No. 2026-03 Moved by: Dan Meeks Seconded by: Nicki Gowdy THAT Bill Everett be appointed to act as chair for this meeting. Carried
APPROVAL OF AGENDA a.
Agenda of January 13, 2026 Motion No. 2026-04 Moved by: Nicki Gowdy Seconded by: Duncan McGregor THAT the agenda of January 13, 2026, be adopted as amended. Carried Section 2 on the agenda was amended to add item c) for the appointment of an acting chair for this meeting.
DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF None.
APPROVAL OF MINUTES a.
Minutes of November 25, 2025 11-25-2025 - Minutes -Draft.docx Motion No. 2026-05 Moved by: Susan Irwin Seconded by: Lynn Klages THAT the minutes of November 25, 2025, be adopted as presented. Carried Page 4 of 82
6.
DEFERRED ITEMS None.
APPLICATIONS FOR CONSENT None.
APPLICATIONS FOR MINOR VARIANCE a.
APPN-2025-0056 - SAKELL 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) Motion No. 2026-06 Moved by: Duncan McGregor Seconded by: Frances Smith 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 Page 5 of 82
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 Jennie Kapusta presented an overview of the application details and planning opinion. Phillip Smith asked why a minor variance is being requested for the septic. He commented that on the drawing there appears to be an area where the septic could be installed to the rear of the property. Tyson Myers, agent for the applicant, remarked that several constraints limit the placement of the septic including, available parking area, turnaround space for emergency vehicles, ability to maintain an adequate separation distance between the well and the proposed septic system and the conditions of the site being mostly rock and not suitable for septic. No further questions were asked. The motion was carried. b.
APPN-2025-0057 - HOTSON APPN-2025-0057 - Application APPN-2025-0057 - Sketch APPN-2025-0057 - Map APPN-2025-0057 - Conservation Comments (None required as conservation has issued a permit, received with the application) APPN-2025-0057 - Planning Report
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APPN-2025-0057 - Photos from Site Motion No. 2026-07 Moved by: Susan Irwin Seconded by: Dan Meeks 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. Carried Jennie Kapusta presented an overview of the application details and planning opinion. Matthew Hotson, applicant, thanked staff and the committee for their work on this and further commented that there is not intended to be any grading of the site. Phillip Smith reiterated his question from the previous item, noting that there appears to be an area outside the required setback where the septic system could be installed without the need for a variance, and requested clarification on the rationale for the decision. Page 7 of 82
Jennie Kapusta commented based on her site visit and the design information submitted she is not sure the area being referred to would be suitable for septic installation. Nicole Brown-Maclauchlan, agent, commented that the septic designer did locate the system as far back from the water as possible, but the property is limited. No further questions were asked. The motion was carried. 9.
OTHER PLANNING BUSINESS None.
ADJOURNMENT Motion No. 2026-08 Moved by: Phillip Smith Seconded by: Nicki Gowdy 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. Carried Adjourned at 5:32 p.m.
Abigail McKinnon, Secretary Treasurer
Lynn Kalges, 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-2025-0054 FRANCES SMITH (ABIGAIL MCKINNON)
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25-CF-MV January 19, 2026 Planning Department Township of Central Frontenac 14216 Road 38, Sharbot Lake ON, K0H 2P0 Re:
Application for Permission – #APPN-2025-0054 Part Lot 17, Con 2, Township of Central Frontenac (Oso) 17860 Rd 509 SMITH & MCKINNON
Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Hazard issues. The scope of the natural hazards review includes flooding, erosion, wetlands, unstable slopes and unstable soils. PROPOSAL According to the Notice, Minor Variance is to allow for the construction of a 79.72 square metre (858.1 square feet) addition to an existing 53.51 square metre (576 square feet) house for a combined total foot print of 133.23 square metre (1,434.1 square feet), that can not meet the wetland setback of 30 metres (98.4 feet). Notes: • The footprints, as indicated in the Notice, do not include the existing and proposed decking. Existing decking is 732 sq.ft. and the proposed is approximately the same (supplemental information provided by proponent after formal circulation). • Based on MVCA’s on-site observations and a review of aerial imagery, the existing dwelling is roughly 22 m from the wetland while the proposed is 18 M (this is closer than depicted on current MVCA mapping and the plans provided with the application) • Following the formal circulation, the proponent provided the following: o an assessment, by a licensed septic installer, indicating that the existing septic system (east of existing dwelling) can accommodate the proposed expansion. o a site plan showing the location of the existing septic system on the east 10970 Hwy. No. 7, Carleton Place, ON K7C 3P1 | Tel. (613) 253-0006 | visit: mvc.on.ca Your partner in natural hazard management, resource conservation and stewardship. Page 29 of 82
side of the existing dwelling. o a sketch showing the dimensions of the dwelling and proposed addition PROPERTY CHARACTERISTICS According to a review of MVCA mapping and a site visit, part of a non-evaluated wetland that is regulated by MVCA, exists on the south side of the dwelling. A tributary of Little Round Lake flows through this wetland. High steep slopes exist on the rear and west sides of the dwelling. REVIEW Natural Hazards (Advisory) The objective of MVCA’s natural hazards review is to ensure that the control of flooding and erosion are not impacted by development. This includes the flood plain and impacts to wetlands, watercourses, slope stability, and unstable soils. For the subject property, the slopes, watercourse and wetland are relevant to MVCA’s advisory review. Erosion Hazard (slopes) It is provincial policy that: Development shall generally be directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding and/or erosion hazards (Provincial Policy Statement 2024, Section 5.2.2b). The document entitled Understanding Natural Hazards (Ministry of Natural Resources, 2001) was prepared as a guide to identify and provide direction and methods to address these hazards. As per the guide, Erosion Hazards include slopes which have the potential for erosion and/or instability due to their steepness and height i.e. steeper than a gradient of 3:1 and higher than 3 m. Based on MVCA’s desktop analysis using LiDAR, the height of the identified slopes exceeds 3 m, however the overall slope gradient does not appear to exceed 3:1 (maximum gradient estimated to be 3.2:1). Based on these estimates, the slopes do not meet the criteria of an Erosion Hazard. Wetland All wetlands play an important role in providing hydrologic, ecosystem and human benefits. In terms of hydrologic benefits (i.e. flooding and erosion control), wetlands retain water during the spring freshet and storm events, allowing water to slowly release into watercourses, infiltrate into the ground to recharge groundwater, and to evaporate. When located along the shoreline of a waterbody, wetlands also reduce the energy of moving water including boat wakes and mitigate associated shoreline erosion. A minimum development setback of 30 m is generally considered sufficient to ensure there are no impacts in terms of flooding and erosion.
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The subject proposal involves a reduction to the 30 m wetland setback. Therefore, an MVCA permit is required. See MVCA Ontario Regulation 41/24 below for further discussion. MVCA Ontario Regulation 41/24 (Regulatory) Pursuant to ONTARIO REGULATION 41/24, Prohibited Activities, Exemptions and Permits, written permission is required from MVCA prior to any alterations to the shoreline of the waterbody; and for any interference in, or within 30 m of (Regulation Limit), a regulated wetland. Given that the proposed development is within 30 m of a regulated wetland, an MVCA permit is required. In general, MVCA Regulation Policies do not permit further encroachments into wetland setbacks. However, MVCA permission has been deemed appropriate for the following reasons: • There is no opportunity to improve the setback due to the existing constraints (slope on N and W sides; wetland on S side; and septic system on E side). • The proposed setback is greater than 15 m, which provides sufficient space to maintain/establish a minimum vegetated buffer of 15 m. • The septic system is greater than 30 m from the wetland. • Impacts to the hydrology of the wetland are not anticipated. RECOMMENDATIONS AND CONCLUSION Based on the above, MVCA does not have any objections to the subject application. Pursuant to ONTARIO REGULATION 41/24, Prohibited Activities, Exemptions and Permits, an MVCA permit is required for the proposed works. Once the proponent has notified MVCA of approval of the subject Application for Permission, the MVCA permit application process will commence. At that time, MVCA will provide additional details on what is required to submit a complete permit application. Mitigation measures and Best Management Practices will be provided through the MVCA permit application process. This will include the maintenance of existing drainage patterns to the wetland, erosion control and a vegetation buffer. NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of the Environment, Conservation and Parks should you require a review in this regard.
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The applicant should be advised that, pursuant to ONTARIO REGULATION 41/24, Prohibited Activities, Exemptions and Permits, written permission is required from MVCA prior to any alterations to the shoreline of the waterbody, or for any interference in, or within 30 m of, the wetland. Should any questions arise please do not hesitate to call. Please advise us of the Committee’s decision in this matter. Yours truly,
Benjamin C. Dopson Manager, Planning and Stewardship
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Planning Report To:
Chair and 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
Legal Description: Part Lot 17, Concession 2, Geographic Township of Oso Address:
17860 Road 509
File Number:
APPN-2025-0054 (Smith/McKinnon)
Owner(s):
Frances Smith
Applicant:
Abigail McKinnon
Date of Meeting:
February 10, 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, subject to the conditions outlined in Appendix A of this report.
Proposal This application proposes to construct a single storey addition to an existing legal noncomplying structure. The existing structure is located approximately 22 metres (72.2 feet) from the edge of a wetland that is regulated by Mississippi Valley Conservation Authority (MVCA). This addition will include both interior living space and an attached uncovered and unenclosed deck. The total footprint increase will be 79.7 square metres
Committee of Adjustment | APPN-2025-0054 (Smith/McKinnon) Planning Report Page 1 of 13 Page 33 of 82
(858.1 square feet). This addition will reduce the setback to the edge of the wetland to a minimum of 18 metres (59.1 feet), measured to the attached deck. There is an existing attached uncovered and unenclosed deck that wraps around two sides of the dwelling, 27.3 square metres (294 square feet) of this deck will be converted to interior living space. The addition will have a footprint of 79.7 square metres (858.1 square feet) for the dwelling structure portion and a footprint of 27.7 square metres (298 square feet) for the attached uncovered and unenclosed deck extension. This deck extension will have approximately the same area as the existing deck that will be converted into interior living space.
Figure 1: Sketch submitted with the application showing the existing footprint (red area), new interior living space (blue area) and uncovered deck extension (yellow area).
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Figure 2: Sketch prepared by planning staff showing the existing and proposed development, the septic system area and the setbacks to the wetlands. Existing Development •
The existing two-storey dwelling has a total footprint of 123.8 square metres (1,332.5 square feet) including the attached 68 square metre (732 square foot) uncovered and unenclosed deck. This structure has a waterbody setback of approximately 22 metres (72.2 feet).
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•
Class 4 septic system located more than 30 metres (98.4 feet) from the edge of the wetlands on the property.
Background Information Information Category
Response
Official Plan designation
Rural Area
Zoning
Rural
Size (area) of subject property
3.15 hectares (7.79 acres)
Existing road frontage and access
Approximately 175 metres (574 feet) along Road 509
Waterfrontage
None
Natural heritage features
MVCA regulated wetland
Existing Development
Dwelling, accessory storage structure, and septic system
Surrounding land uses
Rural residential and agricultural uses along Road 509. Rural and commercial uses along Highway 7.
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.
Pre-application Consultation The applicant consulted with Township and County staff prior to the submission of this application.
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Comments Mississippi Valley Conservation Authority (MVCA) This application was circulated for review to Mississippi Valley Conservation Authority. Comments dated January 19, 2026 indicated no objections to the application as submitted. MVCA comments noted that the total footprint for the existing and proposed attached decking is approximately the same, with a portion of the existing decking being relocated to facilitate the added interior living space. As part of the review process MVCA staff conducted a site visit in December 2025. During this stie visit MVCA staff observed the presence of high steep slopes to the west and north of the existing dwelling, in addition to the regulated wetlands. It was noted that a tributary of Little Round Lake flows through this wetland along the southern boundary of the subject property. Measurements made on site indicate that the overall gradient of the slopes on the property do not meet the criteria of an erosion hazard. In general, MVCA policies do not permit further encroachment into deficient wetland setbacks, however in this case MVCA staff have determined that MVCA permission to reduce the setbacks is appropriate for the following reasons: •
There is no opportunity to improve the setback due to the existing constraints on the property (slopes on north and west sides of dwelling, wetland on the south side and septic system on the east side).
•
The proposed setback is greater than 15 metres (49.2 feet), which provides sufficient space to maintain/establish a minimum vegetated buffer of 15 metres (49.2 feet).
•
The septic system is greater than 30 metres (98.4 feet) from the edge of the wetland.
•
Impacts to the hydrology of the wetland are not anticipated.
MVCA regulates development within 30 metres (98.4 feet) of the wetlands on the property, and an MVCA permit is required for the proposed works. Mitigation measures and best management practices will be provided to the property owner through the MVCA permit application process. These will include the maintenance of existing drainage patterns to the wetland, erosion control and a vegetation buffer. Septic Approval Authority The existing septic system on the property is located greater than 30 metres (98.4 feet) from the edge of the MVCA regulated wetlands. Provided with the application was a review of septic performance (daily design flow calculations) completed by licenced septic installer Brad Berends (BCIN 123517). This information stated that the existing septic system on the property is sufficient to accommodate the proposed enlarged dwelling.
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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 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 rural lot that is zoned Rural in the Township of Central Frontenac Zoning By-Law Number 2011-52. The Rural Zone permits a wide variety of uses, including residential, agricultural, limited commercial, and limited institutional. 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 or wetland. The intent of the 30 metre (98.4 foot) setback is to provide a vegetative buffer between a development envelope and shoreline/edge of wetland for the purpose of maintaining aquatic habitat, filtration of run-off, and reducing visual impacts of development on the waterfront character of the area. The proposed development complies with all other provisions of the zoning by-law.
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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 this application are found in Appendix B of this report. Rural Character The proposed addition will be located inline with the existing dwelling. The size, scale and design of the enlarged dwelling is in keeping with other developed rural residential lots along Road 509. Overall County planning staff are of the opinion that the proposed development will have no negative impact on the rural character of the Township in the vicinity of the subject property. Natural Heritage The enlarged dwelling will have a lot coverage well under the maximum allowed for lots in the Rural zone. The enlargement and reconfiguration of the dwelling will increase the amount of gross floor area, but will not increase the number of bedrooms, and the enlarged dwelling can be appropriately serviced with the existing on-site services. The location of the existing dwelling, along with other constraints on the property, makes it impossible to construct any addition that complies with the minimum required wetland setback. Comments from MVCA stated that they did not anticipate any negative impacts on the hydrology of the wetland as a result of this application. County planning staff do not anticipate any negative impact on the functioning of the wetlands 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 Mississippi Valley Conservation Authority (MVCA) who indicated no objections to the application as submitted and no natural hazard concerns for the property. Sewage Disposal System Services As noted in the Comments section above, the applicants submitted documentation from a qualified septic installer that the existing septic system on the property is sufficient to accommodate the proposed addition. Minimum Distance Separation No livestock facilities, aggregate extraction operations, or landfills were identified within the applicable screening areas surrounding the subject property.
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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 addition will increase the functionality of the dwelling for the owners and can be appropriately serviced with the existing on-site services. There are no negative impacts anticipated on the natural heritage features on the subject and abutting properties or the rural character of the 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 proposed development is in keeping with the existing character of development along Road 509 and in the vicinity of the subject property.
Conclusion Subject to any comments that may be received at the public meeting, it is recommended that the Committee of Adjustment approve application number APPN2025-0054, 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: Building Plans dated October 27, 2020 prepared by Jordan Van Leuken of Big Dutch Design
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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-2025-0054 to: a. Construct an addition to the existing dwelling located at 17860 Road 509. This addition shall have a footprint of 79.7 square metres (858.1 square feet) and be located on the south side of the existing dwelling. b. Construct a 27.7 square metres (298 square feet) uncovered and unenclosed deck on the west side of the addition described in Condition 1a. This deck shall have a minimum wetland setback of 18 metres (59.1 feet) to edge of the MVCA regulated wetland on the property.
- This permission approval does not include zoning relief for any other existing or future structures on the property.
- Application number APPN-2025-0054 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 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/wetland. Excess soil or fill shall not be placed in any low area and shall not interfere with any seasonal or permanent wetlands or watercourse.
- Natural drainage patterns on the site shall not be substantially altered such that additional run-off is directed towards the lake, wetland, 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. Committee of Adjustment | APPN-2025-0054 (Smith/McKinnon) Planning Report Page 9 of 13 Page 41 of 82
Building Permits 8. 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. 9. 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 building plans dated October 27, 2020 prepared by Jordan Van Leuken of Big Dutch Design. 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).
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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.
•
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-2025-0054 (Smith/McKinnon) Planning Report Page 12 of 13 Page 44 of 82
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)
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To support redevelopment opportunities of waterfront properties while maintaining the character of the waterfront area. (Section 4.8.5.O)
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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-2024-0020 DANNY HUSSY BRIDGET THOMPSON
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APPN-2024-0020
Legend Assessment Parcels Citations
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WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.1 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
QUINTE CONSERVATION - PLANNING ACT REVIEW QC File No. PL0199-2024 Municipality:
Township of Central Frontenac
Landowner:
Danny Hussey and Bridget Thompson
Location:
4089 Arden Road
Roll #:
10390100300470500000
Application Description:
Minor Variance Appl’n File No. APPN2024-0020
Regulated Features:
Steep slope adjacent to Salmon River, unnamed watercourse, and unevaluated wetlands
Part Lot 5, Concession 4
Kennebec
Requesting relief from Section 5.6.2 and 4.26.5.a of Township of Central Frontenac Zoning By-law No. 2011-52 to allow for the proposed 59.5 square metre dwelling with attached 22.3 square metre open (not enclosed/covered) deck, a 33.67 square metre sewage system, and a 17.64 square metre nonhabitable accessory structure (shed) to be located within 30 metres of Salmon River.
Natural Hazard policies of the Provincial Planning Statement and Quinte Conservation Planning Act Review policy and Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits) 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, as development can occur beyond hazard lands. The subject lands lie within the regulated area of a steep slope adjacent to the Salmon River, an unnamed watercourse located along the northeasterly property line, and an unevaluated wetland located on the opposite side of Arden Road from the subject property (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits).
Comments:
Steep Slope Quinte Conservation staff have reviewed and are satisfied with the Geotechnical Slope Assessment prepared by Concord Engineering, dated July 14, 2025. The Site Plan Sketch prepared by ZanderPlan, dated May 9, 2024, included with the slope assessment is not reflective of the current application as it includes a bunkie, gazebo and garage of which are not proposed through the processing of the current minor variance application. The slope assessment concludes that, “a 6-metre setback from the top of the slope is considered more than sufficient for structures and infrastructure.” The Plan of Survey, prepared by Hopkins Chitty Land Surveyors Inc., dated August 1, 2025, last update received from the landowner via email on January 16, 2026 (attached for reference), indicates the top of bank and that the proposed dwelling with deck, septic system and shed all meet the required 6-metre setback. 1:100 Year Flood Plain of the Salmon River The attached 2025 Plan of Survey indicates the 1:100-year flood plain elevation of the Salmon River. All proposed development activities exceed Quinte Conservation’s 15-metre development setback from the 1:100-year flood plain of the Salmon River. Unnamed Watercourse During a previous site inspection of the property, Quinte Conservation staff flagged the highwater mark/top of bank adjacent to the watercourse. These flags have been picked up in the attached 2025 Plan of Survey, and the proposed development activities exceed Quinte Conservation’s 15-metre development setback from the watercourse feature. Unevaluated Wetland Typically, Quinte Conservation would apply a 30-metre setback from the wetland boundary located on the opposite side of Arden Road from the subject property. Given that Arden Road Page 1 of 2
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separates the property from the wetland feature, this office would support a reduction in this setback to allow for the proposed development, as presented. Please note that the owners will need to apply to the Conservation Authority for a permit prior to development activity (including construction / filling/ excavation/ site grading/ change of use) on the subject property. 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 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:
As per the Geotechnical Slope Assessment prepared by Concord Engineering, dated July 14, 2025, and the updated Plan of Survey received January 16, 2026 (attached), Quinte Conservation has no objection to the minor variance application as presented. The proposed development activities are consistent with Section 5.2 of the PPS, and Quinte Conservation watershed policies. Staff request that a copy of the decision on the application be forwarded to this office, when available.
January 23, 2026 Date
Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer
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Planning Report To:
Chair and 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 Minor Variance to Permit a Reduction in the Required 30 metre Waterbody Setback
Address:
4089 Arden Road
Legal Description: Part Lot 7, Concession 10, Geographic Township of Hinchinbrooke File Number:
APPN-2024-0020 (Hussey)
Owner(s):
Danny Hussey and Bridget Thompson
Applicant:
Same as Owners
Date of Meeting:
February 10, 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 a new dwelling and related accessory structures within the required 30 metre (98.4 foot) waterbody setback of Salmon River.
Proposal: This application proposes to permit the construction of a new dwelling, the construction of an accessory storage shed, and the installation of a Class 4 septic system on a vacant lot of record. The subject property is municipally known as 4089 Arden Road and has frontage along Arden Road and Salmon River. This property is long and narrow which limits the ability of any development to meet all required setbacks. Committee of Adjustment | APPN-2024-0020 (Hussey) Planning Report Page 1 of 15 Page 68 of 82
Based on the survey sketch submitted with the application the 30 metre (98.4 foot) waterbody setback overlaps with the required 7.5 metre (24.6 foot) front yard eliminating the possibility for development on the property without additional planning approval.
Figure 1: A portion of the survey sketch (prepared by Hopkins Chitty Land Surveyors Inc. dated January 16, 2026) submitted by the applicant showing the proposed dwelling (red square), septic system (orange square) and storage shed (blue square). Also shown is the 30 metre waterbody setback (red dashed line), the 7.5 metre front yard (yellow dashed line) and the top of bank for the steep slope (blue dashed line). The proposed new dwelling will have a footprint of 59.5 square metres (640.5 square feet), plus a 23.63 square metre (254.5 square foot) attached uncovered and unenclosed deck on the water side of the dwelling. This structure will have a minimum waterbody setback of 16.4 metres (53.8 feet) to the high-water mark of Salmon River, measured to the edge of the attached deck. The proposed storage shed will have a footprint of 17.64 square metres (190 square feet) and a minimum waterbody setback of 20.1 metres (65.9 feet) from the high-water mark of Salmon River. This dwelling will be serviced by a new Class 4 septic system that will be located a minimum of 19 metres (62.3 feet) from the high-water mark of Salmon River. 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 setback from Salmon River for the dwelling of 16.4 metres (53.8 feet); a variance request of 13.6 metres (44.6 feet). Committee of Adjustment | APPN-2024-0020 (Hussey) Planning Report Page 2 of 15 Page 69 of 82
Variance 2: 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 setback from the unevaluated wetlands for the dwelling of 26 metres (85.3 feet); a variance request of 4 metres (13.1 feet). Variance 3: 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 setback from Salmon River for the dwelling of 16.4 metres (53.8 feet); a variance request of 13.6 metres (44.6 feet). Variance 4: 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 setback from Salmon River for the septic system of 19 metres (62.3 feet); a variance request of 11 metres (36.1 feet). Variance 5: 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 setback from the unevaluated wetlands for the septic system of 26 metres (85.3 feet); a variance request of 4 metres (13.1 feet). Variance 6: 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 setback from Salmon River for the septic system of 19 metres (62.3 feet); a variance request of 11 metres (36.1 feet). Variance 7: 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 setback from Salmon River for the storage shed of 20.1 metres (65.9 feet); a variance request of 9.9 metres (32.5 feet). Variance 8: 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 setback from the unevaluated wetlands for the storage shed of 23 metres (75.5 feet); a variance request of 7 metres (23 feet). Variance 9: 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 setback from Salmon River for the storage shed of 20.1 metres (65.9 feet); a variance request of 9.9 metres (32.5 feet). The number of variances required are due to the shape of the subject property and its location to both the Salmon River and nearby wetland. If the remainder of the subject property (to the northeast and southwest) were constrained further, then a zoning bylaw amendment would have been required to ensure that a limited development envelope was clearly defined. However, in this instance, planning staff are of the opinion that the minor variance process is appropriate given the site-specific conditions.
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This application was originally submitted in June 2024, with ZanderPlan Inc. consultants as the agent/applicant. During the subsequent review and revision process the property owners decided to represent themselves on this application for minor variance. The original application was requesting approval to construct a dwelling with attached deck, a gazebo, a Class 4 septic system and a detached garage on the subject property. As discussed in the proposal section, above, the current minor variance application is seeking approval to construct a dwelling with attached deck, a Class 4 septic system and an accessory storage shed. The revised and reduced development footprint proposed for the property resulted from information provided to the owner regarding the available development envelope on the property through the preapplication review process. Township, County and Quinte Conservation Authority (QCA) staff conducted a joint site visit to the property on August 8, 2024. During this site visit, steep slopes were observed on the subject property along the entire shoreline of Salmon River. Additionally, wetlands were observed on the opposite side of Arden Road from the subject property. During this site visit QCA staff noted that with the wetlands being located on the opposite side of Arden Road, they would support a reduction in the normally required 30 metre (98.4 foot) setback from a wetland for the proposed development. The intervening roadway and proposed development elevation being lower than the roadway limited any potential negative impacts of the proposed development on the wetlands. The largest constraints to development on the subject property are the shape of the property and the high steep slope along the shoreline of Salmon River. This slope starts at the shoreline and rises almost vertically approximately 15 metres (49.2 feet) before levelling out sufficiently to accommodate an area for construction of any structures. The topography of the property slopes up at the rear of the identified development plateau towards the travelled surface of Arden Road. Through consultation with Quinte Conservation Authority (QCA) staff it was determined that a minimum 6 metre (19.7 foot) setback from the identified top-of-bank of the slope to Salmon River may be permitted (compared to the 15 metre (49.2 foot) setback generally required), provided a satisfactory geotechnical review was completed to support the reduced setback. The property owners retained Concord Engineering to complete the requested geotechnical review. This geotechnical review report dated July 14, 2025 was submitted to QCA for review. There was some back and forth between QCA and the property owners and Concord Engineering following the submission of the report. The final results and QCA review are discussed in the Comments section below.
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Information Category
Response
Official Plan designation
Rural Area and within the Waterfront District
Zoning
Residential Waterfront (RW)
Current size (area) of subject property
0.82 hectares (2.03 acres)
Existing road frontage and access
Approximately 229 metres (751 feet) along Arden Road
Waterfrontage
Approximately 213.5 metres (700 feet) along Salmon River
Natural heritage features
Salmon River
Existing development
Vacant
Surrounding land uses
A mix of vacant and developed waterfront residential lots along the shoreline of Salmon River and Arden Road, Crown Land on the opposite (north) side of Salmon River from the subject property.
Pre-application Consultation: The applicant consulted with Township and County planning staff, along with Quinte Conservation Authority 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 February 10, 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.
Comments Quinte Conservation Authority (QCA) This application was circulated for review by QCA, comments dated January 23, 2026 indicated no objections to the application as presented. These comments are based on the QCA review of the Geotechnical Slope Assessment prepared by Concord Engineering, dated July 14, 2025 (Attachment 2) and the revised Survey Sketch, prepared by Hopkins Chitty Land Surveyors Inc. dated January 16, 2026 (Attachment 1). Committee of Adjustment | APPN-2024-0020 (Hussey) Planning Report Page 5 of 15 Page 72 of 82
QCA staff are satisfied with the slope assessment’s conclusion that a 6 metre (19.7 foot) setback from the top of the slope to Salmon River is considered more than sufficient for structures and infrastructure. Per the submitted survey sketch, all development on the subject property meets the minimum 6 metre (19.7 foot) setback. All proposed development exceeds QCA’s minimum 15 metre setback from the 1:100year flood plain of Salmon River, and the QCA required 15 metre setback from the unnamed watercourse located on the abutting lot to the north of the subject property. These comments noted that QCA would usually apply a 30 metre (98.4 foot) setback from the wetland boundary located on the opposite side of Arden Road from the subject property. Given that Arden Road separates the property from this natural feature, QCA will support a reduction in this setback to allow for the proposed development as presented. QCA staff are of the opinion that all proposed development, as outlined in this application and report, is consistent with Section 5.2 (Natural Hazards) of the PPS, and Quinte Conservation watershed policies. The property owners will need to apply to the conservation authority for a permit prior to any development activity (including construction/ filling/ excavation/ site grading/ change of use) on the subject property. This permitting process is a separate process from the planning review process and a separate fee will apply. Septic Approval Authority Submitted along with this application is an application for the construction/ installation of a Class 4 septic system in the location shown on the survey sketch prepared by Hopkins Chitty. This application was completed by Glen Matson (BCIN 17167) confirming the proposed location (shown on the survey sketch) is suitable for the installation. Planning staff would like to note that the applicants will still need to obtain Township Building Department approval for this submitted permit prior to the start of any construction or approval of any permits for the proposed dwelling. Public Comments There were no public comments received regarding this application as of the writing of this report.
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.
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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 or wetland. 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. The development (dwelling) as proposed will have a lot coverage of 1.0 percent, which is less than the maximum 10 percent lot coverage permitted by the Zoning By-law for the main building and the only vegetation proposed to be removed is what is needed to accommodate the development on the identified plateau area.
Planning Analysis and Considerations Waterfront and Rural Character The proposed dwelling will be located outside the required front yard setback from Arden Road. The level plateau suitable for development is located below the grade of Arden Road and the entire front yard will retain the existing dense vegetation. This is in keeping with the neighbouring lots with residential development. The proposed development will not require the removal of any vegetation along the shoreline or the steep slopes. The existing vegetation will screen the dwelling from both Salmon River and Arden Road. The footprint of the dwelling is smaller than most new residential construction and has been designed to fit within the limited development envelope on the 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. Overall County planning staff are of the opinion that the proposed development will have no negative impact on the waterfront character of Salmon River.
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Sewage Disposal System Services As noted in the Comments section above, the proposed dwelling will be serviced by a new Class 4 septic system, the location and design of which has been confirmed as suitable by a qualified septic designer. Natural Heritage The subject property has frontage along the shoreline of Salmon River. The proposed dwelling maximizes the waterbody setback, given the constraints of the property. The proposed new septic system is setback 16.4 metres (53.8 feet) to the high-water mark of Salmon River and complies with the minimum 6 metre (19.7 foot) setback from the top of the steep slope identified on the subject property. 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. The shape and topography of the lot, including the slopes along both the shoreline of Salmon River and along the frontage of Arden Road significantly impact the ability of the proposed development to meet the 30 metre (98.4 foot) setback. The observed wetlands on the opposite side of Arden Road are not anticipated to be negatively impacted by the proposed dwelling as the development location is downgrade from Arden Road. The existing drainage flow on the subject property is from the road down towards Salmon River. County planning staff do not anticipate any negative impact on the quality of the waterbody or wetlands 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 (QCA) has reviewed the submitted geotechnical assessment (completed by Concord Engineering) and concur with the conclusion that the locations proposed for all planned development on the property will not negatively impact the stability of the high steep slopes along the shoreline of Salmon River. Retaining all existing vegetation within a minimum of 15 metres (49.2 feet) of Salmon River, on the steep slope also aids in limiting potential negative impacts on the identified erosion hazard. This development will be located outside the QCA required minimum 15 metre (49.2 foot) from the flood plain of Salmon River, and located several metres above the shoreline, further reducing potential impacts from flooding of Salmon River.
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The elevation of Arden Road serves as a barrier to any flood potential that could result from the unevaluated wetlands on the opposite side of the road. This elevation also limits potential negative impacts of the development on these wetlands. As a result, County planning staff have no concerns with either natural or human-made hazards for the proposed development. 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 application to permit the development of an existing vacant 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, storage shed, and septic system less than the required 30 metre (98.4 foot) waterbody/ wetland setback is considered minor as the size, layout and topography of the subject property limit the ability to further increase this setback. Increasing the setback from Salmon River would further reduce the setback from the unevaluated wetlands and require alterations to the slopes along the edge of Arden Road. 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 and wetland setbacks 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 Salmon River or the unevaluated wetlands as a result of the proposal.
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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 Salmon River or the unevaluated wetlands. The size, scale and location of the dwelling and accessory structures are designed to limit negative impacts on identified natural hazards. The limited proposed vegetation removal acts to both limits impacts on slope stability and screen the development from both Salmon River and Arden Road. 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.
Conclusion Planning staff are recommending that the Committee of Adjustment approve application number APPN-2024-0020, 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: Revised Survey Sketch, prepared by Hopkins Chitty Land Surveyors Inc. dated January 16, 2026 Attachment 2: Geotechnical Slope Assessment prepared by Concord Engineering, dated July 14, 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-2024-0020 to permit: a. The development of an existing vacant lot of record, municipally known as 4089 Arden Road. b. The construction of a dwelling with a footprint of 59.5 square metres (640.5 square feet), plus a 23.63 square metre (254.5 square foot) attached uncovered and unenclosed deck on the water side of the dwelling. i. This dwelling shall be located a minimum of 16.4 metres (53.8 feet) to the high-water mark of Salmon River, measured to the edge of the attached deck. ii. This dwelling shall be located a minimum of 26 metres (85.3 feet) from the edge of the unevaluated wetlands on the south side of Arden Road measured to the base of the dwelling structure. c. The construction of a storage shed with a footprint of 17.64 square metres (190 square feet). i. This storage shed shall be located a minimum of 20.1 metres (65.9 feet) from the high-water mark of Salmon River. ii. This storage shed shall be located a minimum of 23 metres (75.5 feet) from the edge of the unevaluated wetlands on the south side of Arden Road. d. A Class 4 sewage disposal system with a minimum setback of 19 metres (62.3 feet) from the high-water mark of Salmon Lake; and a minimum setback of 26 metres (85.3 feet) from the edge of the unevaluated wetlands on the south side of Arden Road.
- The Revised Survey Sketch, prepared by Hopkins Chitty Land Surveyors Inc. dated January 16, 2026 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.
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No Adverse Impacts 5. 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. 6. 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. 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 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-2024-0020 (Hussey) Planning Report Page 14 of 15 Page 81 of 82
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: •
Applications for development and site alteration on a portion of a site where the applicable stable slope and erosion allowances are not met shall require the submission of a geotechnical report prepared by a qualified professional to ensure that the property is suitable for development to the satisfaction of the Conservation Authority. (Section 3.11.1.A)
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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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