Body: Committee of Adjustment
Type: Minutes
Meeting: Committee Meeting
Date: August 25, 2025
Collection: Committees and Task Forces

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North Frontenac Committee of Adjustment Minutes August 25, 2025

Committee of Adjustment Minutes 1:00 PM - Monday, August 25, 2025 Council Chambers

Present:
Garry Wood, Chair; Carl Tooley, Member; Jim Ogilvie, Member; and Brent Smith, Alternate Member
Also Present: Tara Mieske, Secretary/Treasurer, Dmitry Kurylovich, Project Manager/Senior Planner, County of Frontenac; Councillor Roy Huetl (Council Liaison); Brooke Drechsler, Deputy Clerk/Assistant to the Planning Manager; and Marnie Geerlinks, Administrative Assistant to the Clerk’s Department

Call to Order The Chair called the meeting to order at 1:00 p.m.

Traditional Land Acknowledgement We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for Mother Earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the Township of North Frontenac is committed to working with Indigenous Peoples and all residents to pursue a united path of reconciliation.

Approval of Agenda

a) August 25, 2025 33-25 Moved by Carl Tooley, Seconded by Jim Ogilvie

Be It Resolved That the Committee approves the Agenda dated August 25, 2025, as circulated. Carried

Disclosure of Pecuniary Interest and General Nature Thereof

a) Declarations

Brent Smith, Alternate Member, declared a pecuniary interest in Item 10(b): File #A08/25

Page 1 of 13

North Frontenac Committee of Adjustment Minutes August 25, 2025

Delegations None.

Adoption of Minutes

a) Minutes of Meeting held July 28, 2025 34-25 Moved by Jim Ogilvie, Seconded by Carl Tooley

Be It Resolved That the Committee adopts the Minutes of a Meeting held July 28, 2025, as circulated. Carried

Business Arising Out of Minutes None.

Zoning By-law Amendment Application (Recommendation to Council) None.

Consent Application with Minor Variance Application

a) Minor Variance File #A09/25 and Consent Application #B12/25: Part of Lot 23, Concession 7 (2468 Highway 506 and 2458 Highway 506)

Mike Hage, applicant, was present for the meeting.

Dmitry Kurylovich, Senior Planner with the County of Frontenac, provided an overview of the application for the creation of a new lot with a reduced area. He advised the area of the subject property is 2.1 acres with approximately 670 feet of frontage onto Road 506 and approximately 246 feet of frontage onto Myers Cave Road. He noted the proposed severed lot will have an area of 1.1 acres with approximately 195 feet of road access onto Road 506 and approximately 246 feet of frontage onto Myers Cave Road; and that the proposed retained lot will have an area of 1.0 acres with approximately 475 feet of road access on Road 506.

Kurylovich advised the subject lots were considered lots of record; however the lots inadvertently merged on title. He noted this type of merger typically happens when lots share a property line; are owned by the same person(s); and were created outside the land division process under the Planning Act.

The Planner advised the issue of the inadvertent merger was discovered during the sale of the retained lot. He advised the lots had separate Property Identification Numbers (PINs) and Assessment Roll Numbers (ARNs); and appeared to be two separate lots. The pending sale triggered a search in Ontario Land Registry which uncovered the merged lots.

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North Frontenac Committee of Adjustment Minutes August 25, 2025

Kurylovich advised both lots are serviced with Class 4 systems; with a permit for a septic system issued by South Frontenac in 2023 (septic approval authority at that time) for the barn conversion on the eastern lot. He noted there were no hazards observed on the property, therefore formal comments from the Conservation Authority were not required.

Kurylovich advised the proposed lots are required to meet all the provisions as a new lot, despite the lots being inadvertently merged. He noted the following:  both lots have frontage on Township roads (Road 506 and Myers Cave Road);
 both lots are serviced or capable of being serviced;
 the western lot has a well, while the eastern parcel requires well and water service.

Kurylovich recommended approval of the applications subject to the conditions included in the planning report. He noted a condition for a road widening for the eastern parcel had been included; however recommended the Committee consider changing the condition to allow the applicant to enter into an agreement with Township to provide the road widening requirement within two years. He also recommended the Committee consider waiving the park levy fee because of the technical nature of the application.

Garry Wood advised he attended the site on July 23, 2025. He noted the property on the eastern side slopes towards the rear with a hydro line through the lot. He advised the property on the western side is well treed and there does not appear to be any obvious connection between the parcels. Wood advised he is satisfied with the applications as proposed and the conditions included in the planning report. He recommended approval of the applications.

Carl Tooley asked if the two lots had been surveyed. Kurylovich advised both lots were surveyed. Wood asked how many units have been included in the barn. Mr. Hage advised there are two units (a 6 bedroom house, a 2 bedroom apartment and a storage area).

Marnie Geerlinks advised there were no comments from the public. 35-25 Moved by Carl Tooley, Seconded by Jim Ogilvie

Be It Resolved That Minor Variance Application File #A09/25, requesting the following:  a Reduced Area of a Proposed New Lot and the Retained Lot; and  A reduced setback for the existing dwelling on the proposed new lot from the front lot line; shall be approved subject to the conditions noted in the Planning Report: And That the Secretary shall forward a copy of the Notice of Decision to the Applicant and each person or public body that made a written request to be notified, and any other person or public body prescribed by September 4, 2025. Carried Page 3 of 13

North Frontenac Committee of Adjustment Minutes August 25, 2025

36-25 Moved by Jim Ogilvie, Seconded by Carl Tooley

Be It Resolved That Consent Application File #B12/25 for the creation of a New Lot shall be approved subject to the conditions noted in the Planning Report and including the following conditions:  Change Road Widening Condition to an Agreement to be completed within two years  Remove the requirement for Park Levy And That the Secretary shall issue the Notice of Decision by September 4, 2025; And That the Secretary shall forward the Notice to the Applicant and each person or public body that made a written request to be notified and any other person or public body prescribed; And That all conditions shall be completed within a period of two year after Notice of Decision was given under subsection 53(15) or 53(24) of the Planning Act. Carried

Minor Variance Applications

a) File #A07/25: Part of Lot 23, Concession 6, Block A, Registered Plan 1090 Geographic Township of Barrie (1062 Big Mountain Lane) -Minor Variance for Oversized Dock

Scott Scaletta, applicant, was present for the application.

Dmitry Kurylovich, Senior Planner with the County of Frontenac, provided an overview of the Minor Variance application to permit an oversized dock. The applicant is proposing to remove the roof of an existing boat port with an area of 55 square metres; remove the existing 30 square metre sun dock; and remove the existing dock with an area of 26 square metres attached to the boat port.

Kurylovich advised the Official Plan designation of the property is Waterfront Area and the Zoning designation is Limited Service Waterfront. He advised Section 3.1.2 of the Zoning By-law provides that a dock shall have a maximum area of 25 square metres and a maximum length of 10 metres. He advised the property is currently developed with a one storey dwelling, a Class 4 septic system, a boat house, the sun dock and the dock (subject to the application).

Kurylovich advised the application was reviewed by Mississippi Valley Conservation Authority (MVCA), who advised they had no objections to the proposed development; however they recommended the shoreline be revegetated to reduce the potential for shoreline erosion. Kurylovich noted a permit for the dock will be required from MVCA if the Committee approves the Minor Variance application.

Kurylovich advised neighbouring residents expressed concerns regarding the length of the proposed dock as it may create a navigation hazard for swimmers, kayaks, canoes, Page 4 of 13

North Frontenac Committee of Adjustment Minutes August 25, 2025

etc. Kurylovich noted the proposed dock is longer than neighbouring docks; however it does not meet the threshold for being considered a hazard.

Kurylovich noted the application was considered using the four tests under the Planning Act. He noted the removal of the two existing docks will result in a decrease of the total dock area on the subject property. With the removal of the relatively wide sun dock, the total developed area along the shoreline will be reduced. Additional native vegetative plantings are recommended along the shoreline to mitigate impact of runoff from the maintained lawn portion of the lot.

Kurylovich advised the Planning Justification Report submitted with application provided adequate analysis and justification of the proposed development. Kurylovich recommended approval of the Minor Variance application subject to the conditions included in the Planning Report.

Wood advised he attend the site on July 25, 2025. He noted the property has a gentle slope. He advised the waterfront area has an existing boat house and numerous docks with little vegetation. He asked if the seadoo docking area is considered a dock under the Zoning By-law. Kurylovich confirmed it is considered a dock.

Ogilivie asked how far a dock is permitted to extend into a waterway. Kurylovich advised a dock can have a maximum length of 10 metres, with the applicant requesting a length of 13.8 metres. He noted there appears to be enough distance between shorelines to reduce any navigational impact. Wood noted he observed boat traffic during his site visit and the length of the dock does not appear to have any impact.

Wood asked if a condition for revegetation of the shoreline could be included. Wood asked Mr. Scaletta if he would be supportive of the revegetation of the shoreline. Mr. Scaletta noted he has planted a few trees on the property. Wood noted a vegetative buffer would be very beneficial in the mitigation of shoreline erosion. Kurylovich noted MVCA can provide information regarding revegetation with native species. The Committee requested the area where the sun dock is being removed be revegetated as a condition of the variance.

Wood asked if the seadoo dock area was included in the calculation. Kurylovich advised there was nothing in the Planning Justification Report to justify the seadoo dock area. Wood noted he understands the purpose of the seadoo dock is to reduce the potential for damage to occur on the boats and seadoos. He advised he would like to include the double seadoo dock in addition to the oversized dock. Scaletta asked if the seadoo dock would be attached to the oversized dock. Wood advised the seadoo dock could be attached to the dock or the boathouse.

Ogilivie asked how much square footage could be added to the dock. Kurylovich advised the Official Plan does not specifically address the area of shoreline being used for waterfront structures and does not speak to damage to boating equipment. He advised Page 5 of 13

North Frontenac Committee of Adjustment Minutes August 25, 2025

the Zoning By-law addresses the permitted area and length and docks on the shoreline. He advised that when the additional seadoo area is considered in addition to the oversized dock, the resulting area is more than twice what is permitted. He advised it is his opinion the four tests under the Planning Act are being met with the proposed oversized dock. He advised if an additional docking area is being proposed, he would have to reconsider the application and his recommendations.

Wood advsied that for the purpose of safety, he believes the four tests are being met with the inclusion of the seadoo dock area and noted a few square metres of docking on the side will not affect anyone. He noted the total area of the proposed dock and seadoo dock keeps with the characteristics of other docks in the area. The Committee agreed to include the seadoo dock in the variance being requested.

Geerlinks advised there were no comments from the public. 37-25 Moved by Carl Tooley, Seconded by Jim Ogilvie

Be It Resolved That Minor Variance Application File #A07/25, requesting an increase in the permitted area and length of a dock shall be approved subject to the conditions noted in the Planning Report; And That one double Seadoo dock is permitted to remain attached to the approved dock and shall not exceed the length of the dock; And That the area where the sun dock is located shall be revegetated with natural vegetation; And That the dock reconstruction shall be completed by December 31, 2025; And That the Secretary shall forward a copy of the Notice of Decision to the Applicant and each person or public body that made a written request to be notified, and any other person or public body prescribed by September 4, 2025. Carried

b) File #A08/25: Part of Lot 20, Concession 7, Geographic Township of Barrie (1053 High Rocks Lane) - Request for Permission to Expand Non-Complying Structure

Brent Smith, Applicant, and Russ Gregory, Agent, were present for the hearing.

Dmitry Kurylovich, Senior Planner with the County of Frontenac, provided an overview of the application to expand the footprint of a legal non-complying structure and add a partial second storey. He noted the existing dwelling is located on a rock outcrop approximately 5 metres from Mississagagon Lake.

Kurylovich advised the Official Plan designation of the property is Waterfront Area and Rural; and that the Zoning By-law designation is Limited Service Waterfront/Limited Service Rural. He noted the property is developed with a dwelling, a septic system and an accessory structure.

Kurylovich advised the applicant is proposing to rebuild the exis

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