Body: Council Type: Agenda Meeting: Regular Date: August 12, 2025 Collection: Council Agendas Municipality: Central Frontenac
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The Corporation of the Township of Central Frontenac Committee of Adjustment Agenda Tuesday, August 12, 2025 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake ON
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CALL TO ORDER
APPROVAL OF AGENDA a.
Agenda of August 12th, 2025 THATthe agenda of August 12th, 2025 be adopted as presented [amended].
DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF
APPROVAL OF MINUTES a.
Minutes of July 8th, 2025 THATthe minutes of July 8th, 2025, be adopted as presented [amended].
DEFERRED ITEMS
APPLICATIONS FOR CONSENT
APPLICATIONS FOR MINOR VARIANCE a.
APPN-2025-0018 BANKOSKY
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APPN-2025-0018 - APPLICATION.pdf APPN-2025-0018 - Sketch.pdf CA Comments 25-CF-MV Bankosky.pdf
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APPN-2025-0018 - Planning Report.pdf APPN-2025-0018 - Key Map.pdf
THAT Minor Variance application APPN-2025-0018 Bankosky for Concession 4, Part Lot 10, Geographic Township of Oso, 1120B Warrington Lane, Township of Central Frontenac, be approved to allow for the construction of a 29.7 square metres (320 square feet) portion of a deck; 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-2025-0028 PASANI
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APPN-2025-0028 APPLICATION.pdf APPN-2025-0028 Sketch.pdf APPN-2025-0028 - Minor Variance Application 1153 Feeney Lane Central Frontenac (RVCA Comments 25-UCF-MVA-0009).pdf APPN-2025-0028 Planning Report.docx APPN-025-0028 Key Map.pdf
THAT Minor Variance application APPN-2025-0028 Pisani for Concession 8 North, Part Lot 3, Geographic Township of Oso, 1153 Feeney Lane, Township of Central Frontenac, be approved to allow for the construction of a 27.9 square metre (300 square feet) addition to an existing cottage and a 27.9 square metre (300 square feet) addition to an existing deck, for a total enlarged deck area of 53.5 square metres (575 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 By-law 2011-52 as Page 2 of 59
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. 8.
OTHER PLANNING BUSINESS
ADJOURNMENT THATthis meeting be adjourned until September 9th, 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. Adjourned at ____________p.m.
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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-2025-0018 ROBERT BANKOSKY
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25-CF-MV May 28, 2025 Abigail McKinnon Township of Central Frontenac P.O. Box 89 Sharbot Lake, ON K0H 2P0 Dear Ms. McKinnon: Re:
Minor Variance Application – APPN-2025-0018 Part Lot 10, Con 4, Township of North Frontenac (Oso) 1120B Warrington Road BANKOSKY
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 27 square metre (290.63 square feet) deck that is unable to meet the required waterbody set back of 30m. PROPERTY CHARACTERISTICS The subject property has frontage on the East Basin of Sharbot Lake. According to a review of MVCA mapping and a site visit, the property slopes downwards towards the lake. 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 lake and slope 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 a stream and small inland lake systems which are impacted by flooding and/or erosion hazards (Provincial Policy Statement 2020, Section 3.1.1.b). 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
10970 Hwy 7, Carleton Place, ON K7C 3P1· Tel. (613) 253-0006 · Fax (613) 253-0122 · info@mvc.on.ca MVCA is a member of Conservation Ontario~Natural Champions
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have the potential for erosion and/or instability due to their steepness and height i.e. steeper than 3:1 and higher than 3m. Based on MVCA’s measurements, the slope on the subject property is not as steep as 3:1. Therefore, it is not considered a potential Erosion Hazard. Waterbody The subject property has frontage on Sharbot Lake. MVCA considers both direct and indirect impacts to waterbodies/watercourses, within the context of flooding and erosion. Impacts are not anticipated if minimum waterbody setback requirements (as stipulated by the municipality) are adhered to. If the minimum development setback cannot be met, as with the subject proposal, we generally recommend no further encroachment towards the waterbody, compared to the existing structure. The subject proposal involves the construction of a new deck on the waterside of the existing dwelling. Part of this deck i.e. 12’10” x 18’ (231 sq.ft.) achieves the minimum 30m setback requirement, while the remaining 10’ x 32’ (320 sq. ft.) results in a 10’ encroachment into this setback. For the purpose of mitigating potential shoreline erosion impacts, MVCA generally suggests against encroachments, particularly where options exist to reduce/avoid it. However, in this particular case, the proposed deck is a sufficient distance from the shoreline (i.e. ~88’) to eliminate erosion as a potential concern. 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 Sharbot Lake. MVCA is not aware of any intent to alter the shoreline, as part of the subject application. RECOMMENDATIONS & CONCLUSIONS In an effort to mitigate potential erosion impacts, MVCA generally recommends against encroachments into the waterbody setback, particularly where options exist to reduce/avoid it. However, in this particular case, the proposed deck is a sufficient distance from the shoreline (i.e. ~88’) to eliminate erosion as a potential concern, provided the following mitigation measures are adhered to:
- In accordance with the provisions of the relevant Municipal Zoning By-law, the existing shoreline vegetation shall be retained.
- Natural drainage patterns on the site shall not be substantially altered such that additional drainage is directed towards the waterbody. 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. 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 lake. We advise consultation with Fisheries and Oceans Canada (DFO) Projects near water (dfo-mpo.gc.ca)
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prior to conducting any work within the lake, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee’s decision in this matter. Yours truly,
Diane Reid Environmental Planner
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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
Legal Description: Part Lot 10, Concession 4, Geographic Township of Oso Address:
1120B Warrington Lane
File Number:
APPN-2025-0018 (Bankosky)
Owner(s):
C&R Bankosky Development LTD
Applicant:
Same as Owners
Date Prepared: Date of Meeting:
June 26, 2025 August 12, 2025
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 reconstruct and enlarge an existing uncovered and unenclosed deck. The entire rebuilt deck will have an area of 168 square metres (551 square feet) and a minimum waterbody setback of 27 metres (88.6 feet). However, a portion of this, deck 21.5 square metres (231 square feet), will comply with the required 30 metre (98.4 foot) waterbody setback. Permission is required for the 29.7 square Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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metres (320 square feet) portion of the deck that will encroach 3 metres (9.84 feet) into the required setback. Existing Development •
The existing dwelling has an area of 162 square metres (1,744 square feet) including an uncovered and unenclosed deck. This structure has a minimum waterbody setback of approximately 30 metres (98.4 feet) to the high-water mark of Sharbot Lake.
•
A combination sleep cabin and garage with an area of 62 square metres (668 square feet) located approximately 80 metres (262 feet) from Sharbot Lake.
•
A garage and carport with an area of 26 square metres (280 square feet) located approximately 181 metres (594 feet) from Sharbot Lake.
•
Class 4 septic system.
Figure 1: Plot plan submitted with the application showing the existing dwelling and attached deck including proposed addition. The deck proposed through this application is shown in red. Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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Background Information Information Category
Response
Official Plan designation
Rural Area and within the Waterfront District
Zoning
Waterfront Residential (RW)
Size (area) of subject property
1.23 hectares (3.04 acres)
Existing road frontage and access
Approximately 67 metres (220 feet) along Warrington Lane and accessed via a right-ofway from Warrington Lane
Waterfrontage
Approximately 64 metres (210 feet) on Sharbot Lake
Natural heritage features
Sharbot Lake (east basin)
Surrounding land uses
Developed waterfront residential lots along the shoreline of Sharbot Lake with larger naturally vegetated parcels inland
Public Notice Notice of the public meeting before the Committee of Adjustment was given in accordance with the requirements of the Planning Act. A notice was placed on the subject property and mailed to all property owners within 60 metres of subject property, 10 days in advance of the meeting.
Pre-application Consultation The applicant consulted with Township and planning staff prior to the submission of this application.
Comments Mississippi Valley Conservation Authority (MVCA) This application was circulated for review to Mississippi Valley Conservation Authority. Comments dated May 28, 2025 indicate no objections to the application as submitted. MVCA staff reviewed the slope on the subject property and determined that they did not meet the criteria for an erosion hazard. Also, the location of the proposed deck addition, with a minimum waterbody setback of approximately 27 metres (88 feet) was a sufficient distance from the shoreline to eliminate any erosion as a potential concern.
Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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Septic Approval Authority Consultation with the Township Building Department confirmed that this proposal does not require a septic performance review as there is no increase in interior living space proposed and no enlargement of footprint that would encroach towards the existing onsite services. 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 An application for permission to expand a non-complying structure 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 change to the existing structure 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.
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 an area of 191.7 square metres (2,064 square feet) which equals a lot coverage of 1.6 percent, well under the permitted maximum. The existing dwelling 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.
Planning Analysis and Considerations Waterfront and Rural Character The proposed deck addition will encroach into the required waterbody compared to the existing structure but will still be well setback from the shoreline of Sharbot Lake. The Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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scale of the enlarged dwelling is in keeping with the other development along the shoreline of Sharbot Lake and in the vicinity of the subject property. The enlarged dwelling will not exceed the permitted lot coverage within 60 metres of the high-water mark of a waterbody 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 Sharbot Lake. Natural Heritage The construction of the deck addition will not require any vegetation removal along the shoreline of Sharbot Lake and will not increase the amount of interior living space or require any alterations to the existing on-site services. 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 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, no septic performance review was required and no upgrades to the existing on site services will be needed to facilitate this development. 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:
Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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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 deck addition will increase the functionality of the property for the owners. As the construction will not require the removal of any shoreline vegetation or cause the enlarged dwelling to exceed the permitted lot coverage, 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 proposed development is in keeping with the existing character of development along the shoreline of Sharbot Lake in the vicinity of the subject property and no negative impact is anticipated on the aesthetic or quality of the shoreline and waterbody.
Conclusion Subject to any comments that may be received at the public meeting, it is recommended that the Committee of Adjustment approve application number APPN2025-0015, 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 – Applicant Submitted Plot Plan Attachment 2 – APPN-2025-0015 Key Map
Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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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-2025-0015 to: a. Construct an unenclosed and uncovered deck addition to an existing dwelling. This deck addition shall have an area of 29.7 square metres (320 square feet and a minimum waterbody setback of 27 metres (88.6 feet).
- This permission does not include zoning relief for any other existing or future structures on the property.
- Application number APPN-2025-0015 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. 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, 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-2025-0018 (Hogan) Planning Report
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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 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.
Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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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-2025-0018 (Hogan) Planning Report
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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)
Committee of Adjustment | APPN-2025-0018 (Hogan) Planning Report
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TOWNSHIP OF CENTRAL FRONTENAC APPLICATION FOR PERMISSION TO EXPAND AN EXISTING LEGAL NON-COMPLYING DWELLING APPN-2025-0018, 1120B WARRINGTON LANE PART LOT 10, CONCESSION 4, GEOGRAPHIC TOWNSHIP OF OSO
±
Esri, CGIAR, USGS, Sources: Esri, TomTom,
EXISTING DWELLING
ENLARGED DECK
Sharbot Lake
County of Frontenac. Includes the Queen’s 0 Material 2.5 5© 2019 of10 15Printer for Ontario. All RightsMeters Reserved.
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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-2025-0028 DANIEL PISANI
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July 4, 2025 25-UCF-MVA-0009 Planning & Development Services Township of Central Frontenac 1084 Elizabeth Street P.O. Box 89 Sharbot Lake, ON K0H 2P0
Attention:
Abby McKinnon, Secretary Treasurer, Planning & Development Services Assistant
Subject:
Application for Minor Variance APPN-2025-0028 Daniel Pisani 1153 Feeney Lane Central Frontenac ARN 1039 0700 2015 7000 0000
Dear Ms. McKinnon, The Rideau Valley Conservation Authority has received the above noted application and have reviewed it within the context of: • • •
Section 5.2 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits under Section 28 of the Conservation Authorities Act; The Mississippi-Rideau Source Water Protection Plan;
The Proposal Based on the circulated materials, RVCA understands this application is seeking permissions to reconstruct and expand an existing legal non-complying structure that is unable to meet the required waterbody setback of 30 m. The application seeks to build a proposed 27 m2 (300 ft2) addition to the existing 139 m2 (1500 ft2) dwelling, as well as a 27 m2 (300 ft2) attached deck.
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The Property The subject lands are described as Part Lot 3 Concession 8 former township of Olden, municipally known as 1153 Feeney Lane in the Township of Central Frontenac. The lands are approximately 90 acres in size, with road frontage and access on Feeney Lane, and water frontage along Leggat Lake. The lands are presently developed with an existing dwelling setback approximately 25 m (80 ft) from the shoreline, as well as accessory structures. A review of our records and mapping did not show the presence of Provincially Significant Wetlands (PSWs), or natural hazards such as mapped floodplains, marine clays, or organic soils Provincial Policy Statement Regarding Section 5.2 Natural Hazards within the PPS, our office has no concerns with the requested minor variances as there are no natural hazard features present or identified on the subject lands that would be impacted by the proposed works. Ontario Regulation 41/24 The proposed minor variance request does not appear to impact any present or identified natural hazards. Any development activity and/or site alteration proposed within RVCA’s regulated area (within 15 metres of a watercourse/waterbody) will require a permit from our office in accordance with Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Source Water Protection The subject property is identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • • • • •
increased well casing depths, increased distance of septic systems from drinking water wells, ensuring septic systems are located downgradient of wells, ensuring that wells and septic systems are properly maintained, avoiding the use of pesticides, herbicides, and fertilizers.
Conclusion In conclusion, our office has no objections to the requested minor variances. Please advise us on the Committee’s decision respecting this application, or any changes in the status of the application.
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Best regards,
Dan Nguyen Planner, RVCA cc -Daniel Pisani, owners
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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
Legal Description: Part Lot 3, Concession 8, Geographic Township of Olden Address:
1153 Feeney Lane
File Number:
APPN-2025-0028 (Pisani)
Owner(s):
Daniel Pisani
Applicant:
Same as Owner
Date Prepared: Date of Meeting:
August 6, 2025 August 12, 2025
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 reconstruct and enlarge an existing legal non-complying dwelling. Part of the upper level area of the dwelling is a vaulted ceiling open to below over the lower level living space, with 52 square metres (560 square feet) above the existing bedrooms being used as a loft storage area. The reconstructed dwelling will have the same height as the existing dwelling, with all the added living space being Committee of Adjustment | APPN-2025-0028 (Pisani) Planning Report Page 1 of 14 Page 45 of 59
located on the main floor. The 52 square metres (560 square feet) loft storage area will be converted into useable living space as a study, TV room and small storage area. There will be no increase in the number of bedrooms or bathrooms compared with the existing situation.
Figure 1: Air photo from Frontenac Maps showing the existing dwelling and uncovered, unenclosed deck. The proposed dwelling footprint expansion is shown in yellow with the proposed deck expansions shown in purple. The footprint of the dwelling will be expanded to the south by 1.8 metres (6 feet) and squared off to include areas currently occupied by an open and uncovered deck (see Figure 1). The total added dwelling footprint will be 27.9 square metres (300 square feet), with a total increase in interior living space of 79.9 square metres (860 square feet), including the second floor area.
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The area for the uncovered and unenclosed deck is proposed to be expanded through two additions that will have a combined footprint of 27.9 square metres (300 square feet), for a total enlarged deck area of 53.5 square metres (575 square feet).
Figure 2: Plans submitted with the application showing the footprint of the enlarged dwelling (red outline) and the upper floor area (yellow area). Existing Development •
The existing subject dwelling has a footprint of 145.7 square metres (1,568 square feet) plus an attached uncovered and unenclosed deck with a footprint of 44.6 square metres (480 square feet). This dwelling has a waterbody setback of 24.4 metres (80 feet) to Leggat Lake, with the attached deck having a waterbody setback of 20.9 metres (68.5 feet) to Leggat Lake.
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Two storage sheds with footprints of 8.4 square metres (90 square feet) and 5.6 square metres (60 square feet).
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Two additional detached dwellings with footprints of 96.5 square metres (1,039 square feet) and 84.1 square metres (905 square feet).
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Two sleep cabins with footprints of 54.4 square metres (586 square feet) and 59.6 square metres (641 square feet).
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Three Class 4 septic systems (one for each dwelling).
Figure 3: Portion of the plans submitted with the application, showing the proposed enlarged dwelling and deck final configuration.
Background Information The proposed construction has already begun on the subject property despite the owner not obtaining any planning approvals or permits. The cottage structure was damaged when a tree fell on it and the owner began the process of repairing the damages. During this process it was determined that additional portions of the structure would need to be replaced to ensure structural stability. With the extent of the reconstruction required the Committee of Adjustment | APPN-2025-0028 (Pisani) Planning Report Page 4 of 14 Page 48 of 59
property owner opted to enlarge and square off the cottage and attached deck as proposed through this application. The construction was reported to the Township as a by-law enforcement complaint, which initiated this application process. Information Category
Response
Official Plan designation
Rural Area and within the Waterfront District
Zoning
Waterfront Residential (RW)
Size (area) of subject property
35.41 hectares (87.5 acres)
Existing road frontage and access
Approximately 373 metres (1,223 feet) of frontage along Leggat Lake Road and approximately 196 metres (645 feet) along Ducharme Road. The property is accessed by Feeney Lane, a private lane from Ducharme Road that bisects the property.
Waterfrontage
Approximately 769 metres (2,523 feet) on Leggat Lake
Natural heritage features
Leggat Lake, unevaluated wetlands
Existing Development
3 detached dwellings, each with their own septic system and water servicing, 2 sleep cabins and a detached garage.
Surrounding land uses
Developed waterfront residential lots along the shoreline of Leggat Lake with larger naturally vegetated parcels inland
Public Notice Notice of the public meeting before the Committee of Adjustment was given in accordance with the requirements of the Planning Act. A notice was placed on the subject property and mailed to all property owners within 60 metres of subject property, 10 days in advance of the meeting.
Pre-application Consultation The applicant consulted with Township and planning staff prior to the submission of this application.
Comments
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Rideau Valley Conservation Authority (RVCA) This application was circulated for review to Rideau Valley Conservation Authority. Comments dated July 4, 2025 indicated no objections to the application as submitted. RVCA review did not reveal the presence of any Provincially Significant Wetlands (PSWs), or natural hazards such as mapped floodplains, marine clays or organic soils. Regarding Section 5.2 Natural Hazards section of the PPS 2024, RVCA staff have no concerns with the submitted application as there are no natural hazard features present or identified on the subject lands that would be impacted by the proposed works. It was noted that any development and/or site alteration within the RVCA’s regulated area, 15 metres (49.2 feet) from the high-water mark of Leggatt Lake, will require a permit from the conservation authority. Septic Approval Authority Consultation with the Township Building Department confirmed that this proposal does not require a septic performance review as there are no additional bedrooms or bathrooms, and no enlargement of footprint that would encroach towards the existing on-site services. 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 An application for permission to expand a non-complying structure 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 change to the existing structure 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.
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 246 square metres (2,648 square feet) which equals a lot coverage of 0.5 percent. The combined footprints of all dwellings located within 60 Committee of Adjustment | APPN-2025-0028 (Pisani) Planning Report Page 6 of 14 Page 50 of 59
metres of the high-water mark of Leggatt Lake represent a lot coverage of less than one percent. The existing three dwellings on the property were all constructed before the current Zoning By-law came into effect and are therefore considered to be non-complying uses. 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.
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 None of the proposed additions will further encroach into the deficient waterbody setback than the existing structure. The scale of the enlarged dwelling is in keeping with the other development along the shoreline of Leggatt Lake and in the vicinity of the subject property. 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 Legatt Lake. Natural Heritage The construction of the additions to the dwelling will not require any vegetation removal along the shoreline of Leggat Lake or further reduce the existing deficient waterbody setback and will not require any alterations to the existing on-site services. 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 Rideau Valley Conservation Authority (RVCA) who indicated no objections to the application as submitted and no natural hazard concerns for the property. Sewage Disposal System Services
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As noted in the Comments section above, no septic performance review was required and no upgrades to the existing on site services will be needed to facilitate this development. 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 additions will increase the functionality of the dwelling for the owners. As the construction will not require the removal of any shoreline vegetation or cause the enlarged dwelling to exceed the permitted lot coverage, 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 proposed development is in keeping with the existing character of development along the shoreline of Leggat Lake in the vicinity of the subject property and no negative impact is anticipated on the aesthetic or quality of the shoreline and waterbody.
Conclusion Subject to any comments that may be received at the public meeting, it is recommended that the Committee of Adjustment approve application number APPN2025-0028, subject to the conditions outlined in Appendix A of this report.
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Attachments Appendix A: Draft Conditions of Approval Appendix B: Relevant Planning Policy and Legislation Attachment 1 – Applicant Submitted Building Plans Attachment 2 – APPN-2025-0028 Key Map
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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-2025-0028 to: a. Reconstruct and enlarge the footprint of an existing dwelling (municipally known as 1153 Feeney Lane) through a main floor addition with an area of 27.9 square metres (300 square feet). This enlarged dwelling shall have a minimum waterbody setback of 24.4 metres (80 feet) to Leggat Lake. b. Increase the gross floor area of an existing dwelling (municipally known as 1153 Feeney Lane) by 52 square metres (560 square feet) through the conversion of a second storey loft storage area into useable living space as a study, TV room and small storage area. c. Enlarge an existing uncovered and unenclosed deck to a maximum footprint of 53.5 square metres (575 square feet) and a minimum waterbody setback of 20.9 metres (68.5 feet) to the high-water mark of Leggat Lake.
- This permission does not include zoning relief for any other existing or future structures on the property.
- Application number APPN-2025-0028 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. Excess soil or fill shall not be placed in any low area and shall not interfere with any seasonal or permanent wetlands or watercourse.
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7. 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 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 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 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.
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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 Committee of Adjustment | APPN-2025-0028 (Pisani) Planning Report Page 13 of 14 Page 57 of 59
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).
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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 redevelopment opportunities of waterfront properties while maintaining the character of the waterfront area. (Section 4.8.5.O)
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