Body: Council Type: Agenda Meeting: Regular Date: November 11, 2025 Collection: Council Agendas Municipality: Central Frontenac

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The Corporation of the Township of Central Frontenac Committee of Adjustment Agenda Tuesday, November 11, 2025 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON

Page 1.

CALL TO ORDER

APPROVAL OF AGENDA a.

Agenda of November 11, 2025 THAT the agenda of November 11, 2025 be adopted as presented [amended].

DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF

APPROVAL OF MINUTES a.

Minutes of October 14, 2025

5-9

10-14-2025 - Minutes.docx

THAT the minutes of October 14, 2025, be adopted as presented [amended]. 5.

DEFERRED ITEMS

APPLICATIONS FOR CONSENT

APPLICATIONS FOR MINOR VARIANCE a.

APPN-2025-0037 - CRUMP

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APPN-2025-0037 Application.pdf APPN-2025-0037 Sketch.pdf

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APPN-2025-0037 - Map APPN-2025-0037 - MVCA Comments.pdf APPN-2025-0037 - Planning Report APPN-2025-0037 - Photos from Site

THAT Minor Variance application APPN-2025-0037 Crump for Concession 1, Part Lot 11 & 12, Geographic Township of Oso 1014A Brewer Road, Township of Central Frontenac, be approved to allow for the construction of a 29.22 square meter (314.52 square foot) storage shed that is 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. b.

APPN-2025-0048 - OWENS

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APPN-2025-0048 - Application APPN-2025-0048 - Sketch APPN-2025-0048 - Map APPN-2025-0048 - CA Comments APPN-2025-0048 - Planning Report APPN-2025-0048 - Photos from Site

THAT Minor Variance application APPN-2025-0048 Owens for Concession 1, Part Lot 26 & 27, RP 13R-18881 Parts;2 And 3 Geographic Township of Hinchinbrooke, Township of Central Frontenac, be approved to allow for the construction of a 61.3 square meter (660 square feet) addition to an existing cottage that is unable to meet the required waterbody set back of 30m.

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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. c.

APPN-2025-0050 - MARSHALL

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APPN-2025-0050 - Application APPN-2025-0050 - Sketch APPN-2025-0050 - Sketch (revised) APPN-2025-0050 - Map APPN-2025-0050 - Planning Report APPN-2025-0050 - Photos from Site

THAT Minor Variance application APPN-2025-0050 Marshall for Concession 3, Part Lot 23, 1060 Oso Road, Geographic Township of Oso, Township of Central Frontenac, be approved to permit relief from Section 4.18.1 to allow for a building permit to be issued for a property that does not have frontage or direct access to a public street or private lane. 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 THAT this meeting be adjourned until November 25, 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 Page 3 of 112

chair. Adjourned at ____________p.m.

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The Corporation of the Township of Central Frontenac Committee of Adjustment Minutes Tuesday, October 14, 2025 at 5:00 PM Council Chambers, 14216 Road 38, Sharbot Lake, ON

Roll Call Members: Susan Irwin , Dan Meeks, Phillip Smith, Nicki Gowdy, Duncan McGregor, Bill Everett, Lynn Klages, and Cindy Kelsey Regrets: Frances Smith Staff in Attendance: Abigail McKinnon, Chris Nelson, and Jennie Kapusta. Public in Attendance: David Milne, Sharon Rodd, John Cartledge, Victoria Durandt, and Adrian Warton. 1.

CALL TO ORDER

APPROVAL OF AGENDA a.

Agenda of October 14th, 2025 The agenda was amended to reflect a duplication in the minutes. Moved by: Phillip Smith Seconded by: Susan Irwin THAT the agenda of October 14th, 2025 be adopted as amended. Carried

DISCLOSURE OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF None.

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4.

APPROVAL OF MINUTES a.

Minutes of August 12th, 2025 The minutes were amended to reflect a duplication in the attachment. Moved by: Dan Meeks Seconded by: Phillip Smith THAT the minutes of August 12th, 2025, be adopted as amended. Carried

DEFERRED ITEMS None.

APPLICATIONS FOR CONSENT None.

APPLICATIONS FOR MINOR VARIANCE a.

APPN-2025-0038 Cartledge Jennie Kapusta provided an overview of the application details. The applicant, Mr. Cartledge, clarified that the structure being constructed is a screened porch addition, not just a platform as indicated on the foundation drawing. There were no further questions or comments. The following motion was carried. Moved by: Nicki Gowdy Seconded by: Duncan McGregor THAT Minor Variance application APPN-2025-0038 Cartledge for Concession 3 Part Lot 19 RP 13R1557; PART 2, Geographic Township of Hinchinbrooke, 1087B Simmons Lane, Township of Central Frontenac, be approved to allow for a 8.2 square Page 6 of 112

metres (88 square feet) in area and will extend 2.43 metres (8 feet) further towards the high-water mark of Elbow Lake than the existing screen porch, for a minimum waterbody setback of 23 metres (75.5 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 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 b.

APPN-2025-0039 Durandt (Daymark Design) Jennie Kapusta provided an overview of the application details. The applicants agent Adrian Warton made a brief presentation and provided some additional site context and 3D visual mock-ups of the proposed addition. There were no further questions or comments. The following motion was carried. Moved by: Cindy Kelsey Seconded by: Lynne Klages THAT Minor Variance application APPN-2025-0039 Durandt (Daymark Design) for Concession 2, Part Lot 25 RP 13R5445; PART 10, 11, 12, Geographic Township of Hinchinbrooke, Township of Central Frontenac, be approved to allow for the removal and reconstruction of a enlarged single storey dwelling with a total footprint of 119.17 square metres Page 7 of 112

(1,282.7 square feet) and a minimum waterbody setback of 12.38 metres (40.6 feet) to the high-water mark of Eagle Lake; 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 c.

APPN-2025-0042 - Rodd/Milne Jennie Kapusta provided an overview of the application details. There were no further questions or comments. The following motion was carried. Moved by: Susan Irwin Seconded by: Duncan McGregor THAT Minor Variance application APPN-2025-0042 Rodd/Milne for Concession 2, Part Lot 8, Part Road Allowance RP 13R19073 Part 2; Sharbot Lake, 1058B Antoine Rd, Geographic Township of Oso, Township of Central Frontenac, be approved to allow for 14.2 square meter (152.8 square foot) addition to an existing dwelling and minimum waterbody setback of 9 metres (29.5 feet) from the high-water mark of Sharbot Lake. 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;

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AND FURTHER THAT the Secretary-Treasurer shall issue the Notice of Decision in accordance with the requirements of the Planning Act, including providing the Notice of Decision to the applicant, any person or public body that made a written request to be notified, and any other person or public body prescribed. Carried 8.

OTHER PLANNING BUSINESS

ADJOURNMENT Moved by: Phillip Smith Seconded by: Dan Meeks THAT this meeting be adjourned until November 11th, 2025 at 5:00 p.m. virtually and in person in the Council Chambers located at 14216 Road 38, Sharbot Lake, or at the call of the chair. Carried Adjourned at 5:33 p.m.

Abigail McKinnon, Secretary Treasurer

Bill Everett, Chair

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TOWNSHIP OF CENTRAL FRONTENAC COMMITTEE OF ADJUSTMENT

14216 Road 38, P.O. Box 89, Sharbot Lake, Ontario K0H 2P0 Telephone: 613-279-2935 / Fax: 613-279-2422 www.centralfrontenac.com

APPLICATION TYPE FILE # NAME

MINOR VARIANCE APPN-2025-0037 JOSEPH CRUMP

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25-CF-MV September 13, 2025 Abigail McKinnon Township of Central Frontenac P.O. Box 89 Sharbot Lake, ON K0H 2P0 Dear Ms. McKinnon: Re:

Consent Application #APPN-2025-0037 Lot 12, Con 1, Township of Central Frontenac (Oso) 1014A Brewer Rd CRUMP

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 29.22 square meter (314.52 square foot) storage shed that is unable to meet the required waterbody set back of 30m. Note: The shed has already been built with a setback of roughly 27 m from the lake PROPERTY CHARACTERISTICS According to a review of MVCA mapping and a site visit, the following exists on the subject property: • • • • •

Frontage on the West Basin of Sharbot Lake High, steep slopes (1) large non-evaluated wetland that is regulated by MVCA Several non-evaluated wetlands that are not regulated by MVCA Organic soil in association with the regulated wetland

We also note the following observations while on site: • The shoreline slope is steep with a predominance of fractured bedrock (herein referred to as Slope A). The dwelling is located on the crest of this slope. • A drainage pipe outlets into the face Slope A. • A large concrete slab has been placed on the west side of the dwelling, near the crest of Slope A. It is connected to a second concrete slab further inland that exists at the toe of an excavated slope (herein referred to as Slope B). • The shed exists at the toe of excavated Slope B. Erosion was evident on the face of this slope, likely due to the excavation and disturbance of this slope.

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 24 of 112

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, slopes and wetlands 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 have the potential for erosion and/or instability due to their steepness and height i.e. steeper than 3:1 and higher than 3 m. Following are MVCA findings (based on site measurements): • Slope A (shoreline slope) is roughly 2:1 and 2.7 m high. This slope is, therefore, marginally below the threshold of meeting the criteria of an Erosion Hazard. The concrete slab extends to the crest of this slope. • Slope B is roughly 1.7:1 and 3.1 m high. This slope is just above the threshold of meeting the criteria of an Erosion Hazard. The proposed shed is located at the toe of this slope. • There are other slopes on the subject property that meet the definition of an Erosion Hazard; however, they are outside of the development area. 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 the following mitigation measures: o

Vegetated Buffers: Overland flow and surface runoff, wave and ice movement are commonly associated with shoreline erosion. To mitigate these effects, we recommend the retention/planting of vegetated buffers. Naturalized shorelines with an abundance of vegetation provide erosion protection by assisting with the mitigation of surface runoff. In addition, the root system of vegetation binds the soil, to further mitigate erosion.

o

Erosion Control during construction: This is generally achieved by installing erosion control fencing between the work area and the waterbody. Post construction, the maintenance of a vegetated buffer is generally suitable. Post construction, the vegetated buffer is considered the first line of defense against erosion.

o

Drainage Patterns: Natural drainage patterns on the site should not be substantially altered such that additional drainage is directed towards the waterbody.

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Wetlands 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 to wetlands in terms of flooding and erosion. The existing and proposed development is located beyond 30 m of all wetlands. 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 or for any interference in, and within 30 m of, the regulated wetland. MVCA is not aware of any intent to alter the shoreline or interfere with the wetland, as part of the subject application. RECOMMENDATIONS & CONCLUSIONS Based on the following, MVCA does not have any objections to the subject proposal: • •

• •

The proposed waterbody setback of 27 m is a minor deviation compared to the minimum requirement; impacts within the context of MVCA’s review are not anticipated. Slope B meets the definition of an Erosion hazard. However, the overall risk is deemed low for the following reasons: the proposed structure is a shed and not habitable; since the slope is inland, the toe is not affected by the erosive forces of a watercourse; and the slope height only slightly surpasses the hazard threshold by 10 cm. Slope A (shoreline slope) does not meet the definition of an Erosion Hazard. Slopes that clearly meet the definition of an Erosion Hazard are outside the development area.

Please note that a Slope Stability Assessment may be recommended for any future development or regrading activity near Slope B. With respect to Slope A, we advise against any additional loading near its crest without a Slope Stability Assessment. We recommend the following mitigation measures:

  1. In accordance with the provisions of the relevant Municipal Zoning By-law, the existing shoreline vegetation shall be retained.
  2. Natural drainage patterns on the site shall not be substantially altered such that additional drainage is directed towards slopes or the lake. The drainage pipe in the face of the shoreline slope shall be rerouted away from the slope and lake to a well vegetated area or leach pit. 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 lake or for any interference in, or within 30 m of, the regulated wetland. We advise consultation with Fisheries and Oceans Canada (DFO) Projects near water (dfo-mpo.gc.ca) prior to conducting any work within the lake, 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 Minor Variance to Permit a Reduction in the Required 30 metre Waterbody Setback

Address:

1014A Brewer Road

Legal Description: Part Lots 11 and 12, Concession 1, Geographic Township of Oso File Number:

APPN-2025-0037 (Crump)

Owner(s):

Joseph Crump

Applicant:

Same as Owner

Date of Meeting:

November 11, 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 minor variance to permit the construction of an accessory storage structure within the required 30 metre (98.4 foot) waterbody setback.

Proposal: This application proposes to recognize the construction of an accessory storage structure with an area of 29.22 square metres (314.5 square feet) located 26 metres (85.3 feet) from the high-water mark of Sharbot Lake (West Basin). This structure was constructed on the subject property without any planning approvals or building permits.

Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 1 of 12 Page 28 of 112

Figure 1: Sketch submitted with the application showing the existing dwelling and the proposed storage shed. Minor Variance Minor variance approval is required for the development of the subject property for the following reasons: Variance 1: Section 4.26.5(a) of the zoning by-law requires a minimum setback from the high-water mark of a waterbody for any building or structure of 30 metres (98.4 feet). This application proposes a minimum waterbody setback of 26 metres (85.3 feet); a variance request of 4 metres (13.1 feet). Variance 2: Section 5.6.2 of the zoning by-law requires a minimum front yard (with shoreline frontage) of 30 metres (98.4 feet) for accessory buildings. This application proposes a minimum waterbody setback of 26 metres (85.3 feet); a variance request of 4 metres (13.1 feet).

Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 2 of 12 Page 29 of 112

Background Information Information Category

Response

Official Plan designation

Rural Area and within the Waterfront District

Zoning

Residential Waterfront (RW)

Current size (area) of subject property

22.3 hectares (55 acres)

Existing road frontage and access

Accessed via K&P Trail from Brewer Road

Waterfrontage

Approximately 670 metres (2,198 feet) along Sharbot Lake (West Basin)

Natural heritage features

Sharbot Lake (West Basin) at-capacity lake trout lake

Existing development

Dwelling, accessory structures, sewage system

Surrounding land uses

Developed waterfront residential lots along the shoreline of Sharbot Lake, with some larger naturally vegetated parcels located inland.

Pre-application Consultation: The applicant did not consult with County or Township staff prior to the construction of the accessory structure.

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.

Comments Mississippi Valley Conservation Authority (MVCA) This was circulated to MVCA for review. Comments dated September 13, 2025 indicated no objection to the development as proposed. MVCA noted that the slope immediately adjacent to the proposed accessory structure just meets the criteria of an erosion hazard. However, given that the structure is located at the base of the slope, is Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 3 of 12 Page 30 of 112

inland and not subject to the erosive forces of the waterbody, and the structure is not a habitable structure it is the opinion of MVCA that no additional studies are required prior to the approval of this application. It was further noted that any further development or grading activity in proximity to this slope may require a Slope Stability Analysis. Septic Approval Authority There was no septic review required for this application as there is no increase in living space and the structure is not in proximity to the existing septic system. Public Comments There were no public comments received regarding this application.

Conformity and Consistency with Policy Planning Documents An application for a minor variance is required to be consistent with the Provincial Planning Statement, 2024 and conform to both the County of Frontenac Official Plan and the Township of Central Frontenac Official Plan. It is the opinion of planning staff that the proposed minor variance is consistent with and conforms to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below.

Township of Central Frontenac Zoning By-Law Number 2011-52 The subject property is zoned as Residential Waterfront (RW) in the Township of Central Frontenac Zoning By-Law Number 2011-52. The RW Zone permits single detached dwellings and a variety of low-impact accessory uses. The Zoning By-law requires all non-waterfront structures to be located a minimum of 30 metres (98.4 feet) from the highwater mark of any waterbody. The intent of the 30 metre (98.4 foot) waterbody setback is to provide a vegetative buffer between a development envelope and shoreline for the purpose of maintaining aquatic habitat, filtration of runoff, and reducing visual impacts of development on the waterfront character of the area. The development as proposed will not exceed the maximum lot coverage permitted by the Zoning By-law and no shoreline vegetation is proposed to be removed to accommodate the development.

Planning Analysis and Considerations Waterfront and Rural Character

Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 4 of 12 Page 31 of 112

The proposed accessory structure is located behind the existing dwelling on the subject property. This location, along with the extensive shoreline vegetation significantly limits the ability of the accessory structure to be viewed from the lake. The size and scale of the proposed accessory structure is in keeping with other waterfront development along Sharbot Lake and is under the maximum permitted lot coverage for lots in the Waterfront Residential zone. This is in line with the Township official plan policies to limit the dominance of the built form in the waterfront area and maintain rural character. Overall County planning staff are of the opinion that the proposed development will have no negative impact on the waterfront character of Sharbot Lake. Sewage Disposal System Services As noted in the Comments section above, the was no septic review required for this application. Natural Heritage The subject property has frontage along the West Basin of Sharbot Lake. The West Basin of Sharbot Lake is designated as an at-capacity lake trout lake. These lakes are extremely sensitive to development and the Township Official Plan has policies specific to lake trout lakes to ensure their protection, including limitations on development within 300 metres (984 feet) of the high-water mark of the lake. One of the largest impacts on trout lakes comes from phosphorous input which results from on-site sewage disposal systems. 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. This proposed accessory structure will have no impact on the existing on-site sewage system as it is not a habitable structure and contains no plumbing. This aids in limiting any potential negative impacts on Sharbot Lake 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, this application was reviewed by Mississippi Valley Conservation Authority (MVCA) who noted that the slope adjacent to the proposed accessory structure just meets the criteria for an erosion hazard, but that no further studies were required at this time. As a result, County planning staff have no concerns with either natural or human-made hazards for the proposed development.

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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:

  1. Is the application minor?
  2. Is the application desirable for the appropriate development of the lands in question?
  3. Does the application conform to the general intent and purpose of the Zoning Bylaw?
  4. Does the application conform to the general intent and purpose of the Official Plan? Planning staff are of the opinion that the proposed minor variance to permit the development of an existing undersized lot of record meets the four tests of minor variance for the following reasons: Is the application minor? This application for the construction of an accessory structure is considered minor because the proposed reduction in waterbody setback is limited. Further, the structure is located in proximity to the existing dwelling and cleared activity area. 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 the property owner to store items that would otherwise be outside. 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 accessory structure is located within the existing cleared activity area on the property and will not exceed the permitted lot coverage for the subject property. There is no shoreline vegetation removal proposed, and the development can meet all other required setbacks, both of which aid in limiting any negative impacts on Sharbot Lake as a result of the proposal. Does the application conform to the general intent and purpose of the Official Plan? It is the opinion of planning staff that the proposed variance conforms to the general intent and purpose of the Township of Central Frontenac’s Official Plan policies for the Waterfront District, and for designated lake trout lakes because there are no negative impacts anticipated on the water quality of Sharbot Lake. Additionally, the size, scale and location of the accessory structure is in keeping with other waterfront development along the shoreline of Sharbot Lake. 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. Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 6 of 12 Page 33 of 112

Conclusion Planning staff are recommending that the Committee of Adjustment approve application number APPN-2025-0037, 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

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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

  1. That minor variance is granted through application APPN-2025-0037 to permit the construction of an accessory structure with an area of 29.22 square metres (314.5 square feet) located a minimum of 26 metres (85.3 feet) from the high-water mark of Sharbot Lake (West Basin).
  2. This minor variance approval does not include zoning relief for any other existing or future structures on the property.
  3. This variance is only applicable to Zoning By-Law Number 2011-52. No Adverse Impacts
  4. 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.
  5. 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.
  6. 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.
  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 Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 8 of 12 Page 35 of 112

further zoning deficiencies be identified through the Building Permit application process.

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Appendix B: Relevant Planning Policy and Legislation Provincial Planning Statement (2024) The Provincial Planning Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Under Section 3 of the Planning Act, all municipal decisions regarding planning applications “shall be consistent with” applicable provincial policy. When assessing consent and minor variance applications on rural lands, planning authorities must comply with Sections 2.5 and 2.6 of the PPS, and apply the relevant policies of the following sections: •

Chapter 3: Infrastructure and Public Service Facilities of the PPS contains policies that direct the development of public and private infrastructure including transportation networks, sewage, water and stormwater services, waste management, and public spaces, recreation, parks, trails, and open spaces.

Chapter 4: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural land, mineral and aggregate resources, and cultural heritage and archaeological resources for their economic, environmental and social benefits.

Chapter 5: Protecting Public Health and Safety of the PPS contains policies intended to reduce the potential for public cost or risk to Ontario’s residents from natural or human-made hazards. Conservation Authorities have provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 5.2 of the PPS.

The following policies are applicable to this application: •

Permitted uses on rural lands include residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; (Section 2.6.1.c).

Development that can be sustained by rural service levels should be promoted (Section 2.6.2).

Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure (Section 2.6.3).

Conserving biodiversity and considering the ecological benefits provided by nature (Section 2.5.1.g).

Supporting healthy, integrated and viable rural areas by building upon rural character and leveraging rural amenities and assets (Section 2.5.1.a).

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Individual on-site water and sewage services may be used provided that site conditions are suitable for the long term provision of such services with no negative impacts (Section 3.6.4).

Natural features and areas shall be protected for the long term (Section 4.1.1).

Development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards (Section 5.1.1).

County of Frontenac Official Plan (2016) The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. The following policies are applicable to this application: •

Section 3.3, Rural Lands, provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Low density residential development, as well as rural-related commercial, industrial, recreational and institutional development, is permitted.

Section 3.3.3.4 Special Policies – Waterfront Areas provides policies that are intended to improve and protect waterfront areas as a significant cultural, recreational, economic and natural environmental resource and to maintain or enhance the quality of the land areas adjacent to the shore. Further, this section requires Township Official Plans to include criteria for determining an appropriate setback where an existing lot of record cannot achieve the minimum setback of 30 metres.

Section 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 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. Committee of Adjustment | APPN-2025-0037 (Crump) Planning Report Page 11 of 12 Page 38 of 112

The following policies are applicable to this application: •

It is Council’s intent that the water quality of all water bodies in the Municipality will be maintained at their present level or enhanced. Any new development must be considered in light of its effect of its impact on the environmental quality of any lake or river. (Section 4.8.1)

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 development and redevelopment opportunities of waterfront properties while maintaining the character of the waterfront area. (Section 4.8.5.O)

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)

Applications for Minor Variances to the Zoning setbacks established for at capacity lake trout lakes may be required to be supported by an Environmental Impact Assessment prepared in accordance with this Plan depending on the extent and impact of the proposal. (Section 4.8.8.A.xi)

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Photos from Site Visit August 26, 2025

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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-2025-0048 JENNIFER OWENS

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September 26, 2025 25-UCF-MVA-0020 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-2025-0048 Jennifer Owens, William O’Brien, Brooke O’Brien, Brittany O’Brien Drake 1037 Hampton Road Central Frontenac ARN 1039 0400 6007 5000 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 permission to allow for the construction of a 61 m2 addition to an existing cottage that is unable to meet the required waterbody setback of 30 m. The existing cottage is setback from the water approximately 15.5 m, and the proposed addition will be at the rear of the cottage.

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The Property The subject lands are described as Part Lot 26 Concession 1 Hinchinbrooke, municipally known as 1037 Hampton Road in the Township of Central Frontenac. The lands are approximately 1.72 ha (4.27 ac) in size, with approximately 215 m (704 ft) of water frontage along Eagle Lake. The lands are presently developed with an existing cottage, bunkie, and private servicing, and generally slopes down towards the shoreline. A review of our records and mapping did not show the presence of Provincially Significant Wetlands (PSWs), or natural hazards such as mapped floodplains, steep slopes, or unstable soils in the form of 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 variance 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 objection to the proposed application, however we do provide the following advisory comment for consideration:

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Roof runoff should be collected and directed on-site and away from slopes into natural or constructed leaching pits and/or rain barrels to provide the greatest infiltration of surface runoff. Runoff should not outlet or be directed towards the lake. Other Low Impact Development (LID) techniques should be considered to address runoff from hardened surfaces (roofs, walkways, decks, driveways, etc).

Please advise us on the Committee’s decision respecting this application, or any changes in the status of the application. Best regards,

Dan Nguyen Planner, RVCA cc -Jennifer Owens, William O’Brien, Brooke O’Brien, Brittany Obrien Drake, owners cc -Jennie Kapusta, Frontenac County

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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 Minor Variance to Permit Access from an Unopened Township Road Allowance

Address:

1060 Oso Road

Legal Description: Part Lot 23, Concession 3, Geographic Township of Oso File Number:

APPN-2025-0050 (Marshall)

Owner(s):

Todd Marshall and Jodi Marshall

Applicant:

Danielle Thornton-Kecso

Date of Meeting:

November 11, 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 minor variance to permit access to an existing lot of record via an unopened Township road allowance.

Proposal: This application proposes to permit an existing lot of record to use an unopened Township road allowance for access to facilitate the construction of a dwelling on a vacant lot. The Township zoning by-law requires a lot to have access via a public street or public road for a building permit to be issued. There are exceptions to this requirement for water access only lots, and those accessed via existing registered rights-of-way or those subject to existing development agreements. Committee of Adjustment | APPN-2025-0050 (Marshall) Planning Report Page 1 of 11 Page 62 of 112

The subject property is located south of the Township maintained portion of Oso Road with it’s entire “road frontage” being on an unopened and unmaintained Township road allowance. This road allowance is currently improved and used to access other properties south of the subject property for the purposes of outdoor recreational uses (e.g. hunting, fishing, snowmobiling). The entrance to the subject property is approximately 283 metres south of the Township maintained portion Oso Road. The applicants have asked Council for, and obtained, an “in principle” approval to enter into an agreement to use and maintain this portion of Oso Road, provided minor variance approval can be obtained to permit the issuance of a building permit without frontage on a public street or private road.

Figure 1: Sketch submitted with the application showing the subject property (blue outline), along with the proposed location for the new dwelling (dashed black circle). Minor Variance Minor variance approval is required for the development of the subject property for the following reasons: Variance 1: Section 4.18.1 of the zoning by-law states that no building or structure shall be erected in any zone unless the lot upon which such building or structure is to be Committee of Adjustment | APPN-2025-0050 (Marshall) Planning Report Page 2 of 11 Page 63 of 112

erected has frontage onto and direct access to a public street or private road as per the zone regulations of the respective zone within which the lot is situated. Variance 2: Section 5.16.3.3 of the zoning by-law states that no person shall erect any building or structure in the Rural (R) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street.

Background Information Information Category

Response

Official Plan designation

Rural Area and subject to a Mineral Aggregate Resource (Sand and Gravel) overlay

Zoning

Rural (R)

Current size (area) of subject property

44.6 hectares (110.3 acres)

Existing road frontage and access

Frontage along and accessed via unopened Township road allowance south of Oso Road

Waterfrontage

None

Natural heritage features

Mapped wetlands and watercourses

Existing development

Vacant

Surrounding land uses

Similarly sized naturally vegetated vacant lots with frontage along the unopened road allowance south of the subject property. North of the property similarly sized lots with frontage along Road 509, with some developed parcels.

Pre-application Consultation: The applicant consulted with County and Township staff prior to the submission of this application. The applicants also requested and obtained “in principle” approval from Township Council to enter into an agreement to permit the use and maintenance of the unopened road allowance for the purpose of obtaining a building permit to construct a new dwelling on a vacant lot.

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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. A notice was placed on the subject property, and a notice of the public meeting was posted to the Township website, 10 days in advance of the meeting, in accordance with Section 3(4.1) of Ontario Regulation 200/96 under the Planning Act, R.S.O. 1990, c. P.13. The alternative of posting on the Township website was necessary because staff were unable to mail out the public notice due to the Canada Post strike.

Comments Mississippi Valley Conservation Authority (MVCA) This application was not circulated to MVCA for review because the minor variance approval is to permit alternative access to the subject property and does not include a review of any specific development location. Planning staff would like to note that the proposed development location shown on the submitted sketch is a concept only and zoning clearance will be required prior to the issuance of any Township building permits. Septic Approval Authority There was no septic review required for this application as the approval is for access only and not any specific development location. Public Comments There were no public comments received regarding this application.

Conformity and Consistency with Policy Planning Documents An application for a minor variance is required to be consistent with the Provincial Planning Statement, 2024 and conform to both the County of Frontenac Official Plan and the Township of Central Frontenac Official Plan. It is the opinion of planning staff that the proposed minor variance is consistent with and conforms to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below.

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Township of Central Frontenac Zoning By-Law Number 2011-52 The subject property is zoned as Rural (R) in the Township of Central Frontenac Zoning By-Law Number 2011-52. The Rural Zone permits a variety of uses including residential, agricultural and limited commercial and industrial uses. This application will facilitate the development of the subject property through construction of a residential dwelling and accessory uses to that residential use.

Planning Analysis and Considerations Rural Character Permitting access over the Township road allowance for the proposed residential use will not negatively impact the existing rural character of the area. This portion of the road allowance has already been improved to facilitate access to other rural lots south of the subject property. Sewage Disposal System Services As noted in the Comments section above, the was no septic review required for this application. Natural Heritage The subject property contains various wetlands and watercourses. There is sufficient area for the proposed residential development outside the required setbacks from these features. Use of the Township road allowance is not anticipated to negatively impact any identified natural features as there are no upgrades to the road allowance required to accommodate this access. This portion of the road allowance has already been improved to accommodate access to other properties south of the subject property. 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. Planning staff conducted a site visit as part of the review of this application and no evident natural hazards were observed that would be impacted by the use of the Township road allowance for access to the subject property. As a result, County planning staff have no concerns with either natural or human-made hazards for the proposal.

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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:

  1. Is the application minor?
  2. Is the application desirable for the appropriate development of the lands in question?
  3. Does the application conform to the general intent and purpose of the Zoning Bylaw?
  4. Does the application conform to the general intent and purpose of the Official Plan? Planning staff are of the opinion that the proposed minor variance to permit the development of an existing undersized lot of record meets the four tests of minor variance for the following reasons: Is the application minor? This application to permit the use of an unopened Township road allowance for access is considered minor as there are no upgrades required to the road allowance to accommodate this access. Additionally, the proposed residential use is permitted within the Rual zone. 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 the property owner to develop an existing lot of record that would otherwise not be possible. 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 property can comply with all other provisions of the zoning by-law for the proposed residential development. 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 Rural area because it will permit development of an existing lot of record.

Conclusion Planning staff are recommending that the Committee of Adjustment approve application number APPN-2025-0050, 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

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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

  1. That minor variance is granted through application APPN-2025-0050 to permit the use of approximately 283 metres (928 feet) of an unopened Township road allowance south of the maintained portion of Oso Road for access to an existing vacant lot of record to facilitate residential development of the lot and the issuance of a building permit.
  2. This minor variance approval does not include zoning relief for any other existing or future structures on the property.
  3. This variance is only applicable to Zoning By-Law Number 2011-52. No Adverse Impacts
  4. 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. Building Permits
  5. 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.
  6. 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.

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).

Committee of Adjustment | APPN-2025-0050 (Marshall) Planning Report Page 9 of 11 Page 70 of 112

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 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 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:

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Ensuring that the lot can be adequately serviced with water supply and sewage disposal (Section 4.1.3.2)

Residential development will be permitted where it has frontage on and direct access to year round maintained Township roads or on private lanes (Sections 4.3.2.C).

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)

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Photos from Site Visit November 7, 2025

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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-2025-0050 TODD & JODI MARSHALL

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Todd Marshall and Jodi Marshall 1060 Oso Rd, Sharbot Lake, ON K0H 2P0 Roll #103908004022952

m 216

Legal Description OSO CON 3 PT LOT 23 123.61 Acres

243.5m

.5m

691

119m

.6m

NORTH

677

Proposed Well Location

Proposed Garage Location

.9m 118

Minimum 1.5m from proposed Dwelling

SUN ROOM

Proposed Home Location Approximaltly 58’ x 53’ Including Covered Deck & Sunroom

220.2m

Ap p

ro xim

at ly

Proposed Driveway

COVERED DECK

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Proposed Well Location

COVERED DECK

217.8m

W

Se Pro pt po ic Lo sed ca tio n

392.3m

.3m 102

Minimum 15m

Pro Home posed Locat ion

Prop Septic osed Locatio n

to nearest seasonal water course

17 m Proposed Garage Location Approximaltly 26’ x 40’

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Todd Marshall and Jodi Marshall 1060 Oso Rd, Sharbot Lake, ON K0H 2P0 Roll #103908004022952 Legal Description OSO CON 3 PT LOT 23 123.61 Acres

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616m

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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 Minor Variance to Permit Access from an Unopened Township Road Allowance

Address:

1060 Oso Road

Legal Description: Part Lot 23, Concession 3, Geographic Township of Oso File Number:

APPN-2025-0050 (Marshall)

Owner(s):

Todd Marshall and Jodi Marshall

Applicant:

Danielle Thornton-Kecso

Date of Meeting:

November 11, 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 minor variance to permit access to an existing lot of record via an unopened Township road allowance.

Proposal: This application proposes to permit an existing lot of record to use an unopened Township road allowance for access to facilitate the construction of a dwelling on a vacant lot. The Township zoning by-law requires a lot to have access via a public street or public road for a building permit to be issued. There are exceptions to this requirement for water access only lots, and those accessed via existing registered rights-of-way or those subject to existing development agreements. Committee of Adjustment | APPN-2025-0050 (Marshall) Planning Report Page 1 of 11 Page 91 of 112

The subject property is located south of the Township maintained portion of Oso Road with it’s entire “road frontage” being on an unopened and unmaintained Township road allowance. This road allowance is currently improved and used to access other properties south of the subject property for the purposes of outdoor recreational uses (e.g. hunting, fishing, snowmobiling). The entrance to the subject property is approximately 283 metres south of the Township maintained portion Oso Road. The applicants have asked Council for, and obtained, an “in principle” approval to enter into an agreement to use and maintain this portion of Oso Road, provided minor variance approval can be obtained to permit the issuance of a building permit without frontage on a public street or private road.

Figure 1: Sketch submitted with the application showing the subject property (blue outline), along with the proposed location for the new dwelling (dashed black circle). Minor Variance Minor variance approval is required for the development of the subject property for the following reasons: Variance 1: Section 4.18.1 of the zoning by-law states that no building or structure shall be erected in any zone unless the lot upon which such building or structure is to be Committee of Adjustment | APPN-2025-0050 (Marshall) Planning Report Page 2 of 11 Page 92 of 112

erected has frontage onto and direct access to a public street or private road as per the zone regulations of the respective zone within which the lot is situated. Variance 2: Section 5.16.3.3 of the zoning by-law states that no person shall erect any building or structure in the Rural (R) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street.

Background Information Information Category

Response

Official Plan designation

Rural Area and subject to a Mineral Aggregate Resource (Sand and Gravel) overlay

Zoning

Rural (R)

Current size (area) of subject property

44.6 hectares (110.3 acres)

Existing road frontage and access

Frontage along and accessed via unopened Township road allowance south of Oso Road

Waterfrontage

None

Natural heritage features

Mapped wetlands and watercourses

Existing development

Vacant

Surrounding land uses

Similarly sized naturally vegetated vacant lots with frontage along the unopened road allowance south of the subject property. North of the property similarly sized lots with frontage along Road 509, with some developed parcels.

Pre-application Consultation: The applicant consulted with County and Township staff prior to the submission of this application. The applicants also requested and obtained “in principle” approval from Township Council to enter into an agreement to permit the use and maintenance of the unopened road allowance for the purpose of obtaining a building permit to construct a new dwelling on a vacant lot.

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Public Notice A notice was placed on the subject property, and a notice of the public meeting was posted to the Township website, 10 days in advance of the meeting, in accordance with Section 3(4.1) of Ontario Regulation 200/96 under the Planning Act, R.S.O. 1990, c. P.13. The alternative of posting on the Township website was necessary because staff were unable to mail out the public notice due to the Canada Post strike.

Comments Mississippi Valley Conservation Authority (MVCA) This application was not circulated to MVCA for review because the minor variance approval is to permit alternative access to the subject property and does not include a review of any specific development location. Planning staff would like to note that the proposed development location shown on the submitted sketch is a concept only and zoning clearance will be required prior to the issuance of any Township building permits. Septic Approval Authority There was no septic review required for this application as the approval is for access only and not any specific development location. Public Comments There were no public comments received regarding this application.

Conformity and Consistency with Policy Planning Documents An application for a minor variance is required to be consistent with the Provincial Planning Statement, 2024 and conform to both the County of Frontenac Official Plan and the Township of Central Frontenac Official Plan. It is the opinion of planning staff that the proposed minor variance is consistent with and conforms to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below.

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Township of Central Frontenac Zoning By-Law Number 2011-52 The subject property is zoned as Rural (R) in the Township of Central Frontenac Zoning By-Law Number 2011-52. The Rural Zone permits a variety of uses including residential, agricultural and limited commercial and industrial uses. This application will facilitate the development of the subject property through construction of a residential dwelling and accessory uses to that residential use.

Planning Analysis and Considerations Rural Character Permitting access over the Township road allowance for the proposed residential use will not negatively impact the existing rural character of the area. This portion of the road allowance has already been improved to facilitate access to other rural lots south of the subject property. Sewage Disposal System Services As noted in the Comments section above, the was no septic review required for this application. Natural Heritage The subject property contains various wetlands and watercourses. There is sufficient area for the proposed residential development outside the required setbacks from these features. Use of the Township road allowance is not anticipated to negatively impact any identified natural features as there are no upgrades to the road allowance required to accommodate this access. This portion of the road allowance has already been improved to accommodate access to other properties south of the subject property. 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. Planning staff conducted a site visit as part of the review of this application and no evident natural hazards were observed that would be impacted by the use of the Township road allowance for access to the subject property. As a result, County planning staff have no concerns with either natural or human-made hazards for the proposal.

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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:

  1. Is the application minor?
  2. Is the application desirable for the appropriate development of the lands in question?
  3. Does the application conform to the general intent and purpose of the Zoning Bylaw?
  4. Does the application conform to the general intent and purpose of the Official Plan? Planning staff are of the opinion that the proposed minor variance to permit the development of an existing undersized lot of record meets the four tests of minor variance for the following reasons: Is the application minor? This application to permit the use of an unopened Township road allowance for access is considered minor as there are no upgrades required to the road allowance to accommodate this access. Additionally, the proposed residential use is permitted within the Rual zone. 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 the property owner to develop an existing lot of record that would otherwise not be possible. 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 property can comply with all other provisions of the zoning by-law for the proposed residential development. 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 Rural area because it will permit development of an existing lot of record.

Conclusion Planning staff are recommending that the Committee of Adjustment approve application number APPN-2025-0050, 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

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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

  1. That minor variance is granted through application APPN-2025-0050 to permit the use of approximately 283 metres (928 feet) of an unopened Township road allowance south of the maintained portion of Oso Road for access to an existing vacant lot of record to facilitate residential development of the lot and the issuance of a building permit.
  2. This minor variance approval does not include zoning relief for any other existing or future structures on the property.
  3. This variance is only applicable to Zoning By-Law Number 2011-52. No Adverse Impacts
  4. 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. Building Permits
  5. Prior to the issuance of a building permit for any development on the property municipally known as 1060 Oso Road, the property owner(s) shall enter into a development agreement with the Township of Central Frontenac to address the use and maintenance of the unopened Township road allowance portion used for access.
  6. 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.
  7. 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.

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 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 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:

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Ensuring that the lot can be adequately serviced with water supply and sewage disposal (Section 4.1.3.2)

Residential development will be permitted where it has frontage on and direct access to year round maintained Township roads or on private lanes (Sections 4.3.2.C).

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)

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