Published March 8, 2018
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Reading Time 37 min read

Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: March 8, 2018 Collection: Council Minutes Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 18:02 March 8, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) John Sherbino (Loughborough District) Brad Barbeau (Portland District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C)

ABSENT WITH REGRETS:

David Hahn (Bedford District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: S-58-17-S (George Desrochers) …………………………………………………………….. 2 Item #6: S-61-17-S (Brenda Gilbert) ……………………………………………………………………. 2 Item #7: S-08-18-P, S-09-18-P, S-10-18-P (Mike Giffin) …………………………………………. 3 Item #8: S-11-18-S (George Gibson, Ken Gibson) …………………………………………………. 8 Item #9: S-13-18-L (Randy Ruttan) ……………………………………………………………………… 9 Item #10: S-62-18-L (Kellie Morgan) ………………………………………………………………….. 10 Item #11: MV-03-18-L (Jean-Claude and Jackie Lalumiere) ………………………………….. 12 Item #12: Other Business …………………………………………………………………………………. 13 Item #13: Adjournment …………………………………………………………………………………….. 14 Item #1: Call to Order RESOLUTION:

C of A: 18:02:01

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the March 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION:

C of A: 18:02:02

Moved By: R. Sutherland

Seconded By: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the February 8, 2018 meeting of the Committee, as circulated. Carried

2 Item #5: S-58-17-S (George Desrochers) Speaking to the Application: George Desrochers Discussion: The subject lands consist of 87 +/- acres with frontage on Battersea Road. The land is currently vacant. The application is for the creation of an approximately 21 +/- acre lot addition to the 35 +/acre parcel that also includes the residence at 5002 Ramparts Road. This lot addition will serve to increase the separation and privacy between the dwelling at 5002 Ramparts Road and the surrounding property. The planning department is able to support the application for the proposed right-of-way extension. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. RESOLUTION:

C of A: 18:02:03

Moved by: R. Sleeth

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-58-17-S by George Desrochers, to create a lot addition, in Concession 10, Part Lot 14, Battersea Road/Ramparts Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-58-17-S George Desrochers Concession 10, Pt. Lot 14, Battersea Road/Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-58-17-S shall be for the creation of a 21 +/acre lot addition only to 5002 Ramparts Road (ARN 102906006015200).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #6: S-61-17-S (Brenda Gilbert) Speaking to the Application: Brenda Gilbert Discussion: The subject lands consist of 6 +/- acres with frontage on Cranberry Lake, with access provided by a right-of-way from Burnt Hills Road over 651A Burnt Hills Road. The land is currently developed with a seasonal dwelling and a detached accessory building. The application is for the creation of an approximately 1.5 +/- acre lot addition to be added to 1121C Beach Lane. The lot addition parcel is a heavily treed parcel which when added to 1121C Beach Lane will serve to increase the privacy and

3 separation between 1121C Beach Lane and 651B Burnt Hills Road. The retained parcel will be approximately 4.4 +/- acres in size and will encompass the existing seasonal dwelling. There is an area zoned as Pit ‘B’ Zone (PB) and designated as Mineral Aggregate in the Township’s Official Plan on the abutting parcel of land. The Township’s Comprehensive Zoning By-Law 2003-75 states that residential land uses within 300 metres of an existing or proposed pit below the water table. The proposed lot addition is not creating a situation which would permit an increase in residential development and is also located at the very edge of the required 300 metre setback for new development from mineral aggregates. The planning department is able to support the application for the proposed right-of-way extension. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. RESOLUTION:

C of A: 18:02:04

Moved by: R. Sleeth

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-61-17-S by Brenda Gilbert, to create a lot addition, in Concession 10, Part Lot 31/32, Beach Lane/Burnt Hills Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-61-17-S Brenda Gilbert Concession 10, Pt. Lot 31/32, Burnt Hills Road/Beach Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-61-17-S shall be for the creation of a 1.5 +/acre lot addition only to 1121C Beach Lane (ARN 102907006019850).
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  6. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal Office prior to any development on the property, to determine the need for a permit. Item #7: S-08-18-P, S-09-18-P, S-10-18-P (Mike Giffin) Speaking to the Application: Mike Giffin Discussion:

4 The subject lands consist of 18.8 +/- acres with frontage on Jamieson Road. The land is currently vacant. The application is for the creation of three 4.5 +/- acre residential lots, each with a minimum of 76 metres of frontage on Jamieson Road. There is a well drilled on the parcel to be severed through application S-10-18-P and the applicant has provided a well record demonstrating that it meets the Township minimum requirements for water on a new lot. The retained parcel will be approximately 4.5 +/- acres in size and have a minimum of 76 metres of frontage on Jamieson Road. The planning department is able to support the application for the proposed new lots. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority. KFL&A Public Health has evaluated all three lots and the retained parcel for septic suitability. They have no objections. Public Works has no objections. The Township received multiple emails from neighbours expressing concerns regarding the water supply in the area of the proposed lots and how the new wells on the proposed lots would potentially affect the residential existing wells. L. Redden suggested conducting draw down tests on the neighbouring wells could give peace of mind to those who had expressed concerns. B. Barbeau agreed with L. Redden regarding adding in a condition for requiring draw down tests. J. Sherbino asked if the draw down tests were to be conducted independently or when pumping the three new wells simultaneously. Laura Fetherston spoke at the meeting and expressed appreciation for the committee members concerns and intention to include a draw down test as a condition of severance. She questioned who would be conducting the draw down test and who would be monitoring the activities to ensure compliance. Nicole Young spoke at the meeting and said she has two wells on her property and one is dry. That as a result from hydrofracking for the second well she has needed to clean out the well many times over the past 10 years. She wanted to make sure the committee members took the water complaints seriously as it will affect all the neighbours. J. Sherbino and A. Revill asked questions regarding the draw down tests effectiveness and how the tests would be conducted. George Desrochers spoke saying he had put in many wells on many lots and that there are three main drilling companies in the area and all are reputable. He said it can be hard to tell on a lot where the water is going to be located and where it will start and stop, even on the same lot. That these are professional companies and their opinions should be respected. R. Sutherland confirmed that the severances would not proceed should the results of the draw down test be negative impacts. RESOLUTION: Moved by: B. Barbeau

C of A: 18:02:05 Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-08-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-08-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].

5

  1. The land to be severed by Consent Application S-08-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
  2. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  3. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  4. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-08-18-P in lieu of parkland [Planning Act, s. 51(1)].
  5. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  6. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-08-18-P.
  7. The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-08-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. RESOLUTION: Moved by: L. Redden

C of A: 18:02:06 Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-09-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-09-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot

6 Date of Hearing: Date of Decision:

March 8, 2018 March 8, 2018

DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-09-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-09-18-P in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-09-18-P.
  8. The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-09-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. RESOLUTION: Moved by: L. Redden

C of A: 18:02:07 Seconded by: B. Barbeau

7 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-10-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-10-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-10-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-10-18-P in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.

8 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-10-18-P. 8. The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-10-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. Item #8: S-11-18-S (George Gibson, Ken Gibson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a 2.5 +/- acre lot addition to 4102A Perth Road. The retained parcel will be approximately 41.5 +/- acres in size. The lot addition parcel will be required to be rezoned from Urban Residential – First Density to Urban Commercial to conform to the zoning of the parcel to which it will be added. The applicant has indicated they would like to construct an additional building for storage related to the current automobile repair business. The planning department is able to support the application for the proposed lot addition. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. Planner Mills said that as part of the rezoning process the applicant will be required to enter into a site plan control agreement which will specify the location of structures on the property as well as any buffering between the commercial property and the residential uses. R. Sleeth and K. Gee both agreed that site plan control for the proposed commercial uses on the lot addition parcel were a good idea and would serve to protect the neighbours. Graham Lamb spoke at the meeting and asked about the current zoning of the lot addition parcel. Planner Mills confirmed the zoning was Urban Residential – First Density (UR1) as opposed to the agricultural Mr. Lamb thought it was. RESOLUTION: Moved by: R. Sleeth

C of A: 18:02:08 Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-11-18-S by Ken Gibson and George Gibson, to create a lot addition, in Concession 3, Part Lot 10, Perth Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-11-18-S George Gibson Concession 3, Pt. Part Lot 10, Perth Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-11-18-S shall be for the creation of a 2.5 +/acre lot addition to be added to 4102A Perth Road (ARN 102906002013300).

9 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The applicant shall rezone the lot addition parcel to be created from Consent Application S-1118-S from Urban Residential – First Density (UR1) to Urban Commercial (UC) Zone in order to conform to the zoning of the parcel to which it will be added. Please contact Lindsay Mills, the Township Planner, to begin this process. Item #9: S-13-18-L (Randy Ruttan) Speaking to the Application: None Speaking Discussion: The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a parking and docking easement along with a right-of-way along Hidden Valley Lane to access this parking and docking area. This parking and docking easement is to facilitate deeded access to a water access only lot located on Buck Lake. This deeded access is required prior to the issuance of a building permit for the seasonal dwelling for which the applicant obtained a minor variance to construct in 2017 (application number MV-47-17-L). While currently both properties are owned by the applicant, this application will guarantee that should one of the properties be sold there will be no loss of access to the water access property on Buck Lake. The planning department is able to support the application for the proposed parking and docking easement and right-of-way. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. R. Sutherland initially had concerns regarding the proposed location of the parking spaces, however after he visited the site and talked to the applicant these concerns were alleviated. The applicant agreed to relocate the proposed parking spaces to the west side of the lane as there is sufficient space within the right-of-way to the water to locate them without blocking the water access. This rightof-way already exists as a deeded access for another non-waterfront property along Hidden Valley Lane. Both properties will share this water access. The Township received several emails regarding concerns over the proposed location of the parking spaces and whether or not any additional wetland areas would be filled in to facilitate this easement. Other concerns included the potential increase in vehicular traffic along Hidden Valley Lane which currently is only one-lane wide, the possibility of access being blocked while vehicles maneuvered in and out of the right-of-way area, whether or not this was going to become a public access boat launch with parking area versus a private access. RESOLUTION:

C of A: 18:02:10

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-13-18-L by Randy Ruttan, to create a parking and docking easement, in Concession 11, Part Lot 22, Hidden Valley Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-01-18-L Joe Rodrigues Concession 8, Pt. Lot 17, Wilmer Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018

10 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-01-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road.
  3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-01-18-L in lieu of parkland [Planning Act, s. 51(1)].
  6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-01-18-L. Item #10: S-62-18-L (Kellie Morgan) Speaking to the Application: Rob Morgan Discussion: The subject lands consist of 2.45 +/- acres with frontage on Bedford Road and Sydenham Lake. The land is currently developed with a single detached dwelling and a detached accessory building. The application is for the creation of two 1.1 +/- acre residential lots, each with 57.5 metres of frontage on Bedford Road. The existing structures will be demolished to facilitate the division of the property into two lots and accommodate the road widening required. As a condition of severance both new lots will be required to connect to the municipal water system rather than having wells. The minimum lot size normally required for the creation of waterfront lots is 2.5 acres for both severed and retained parcels and 76 metres of frontage on a public road or private lane. As this property is located within the

11 defined hamlet area of the Village of Sydenham and the new lots will be serviced with municipal water there is the opportunity to create smaller lots. The applicant will have to rezone both the severed and retained parcels from Residential Waterfront to a Special Urban Residential – First Density Zone to account for the reduced size and frontage of the proposed lots. The planning department is able to support the application for the proposed new lot. The building department has no objections. Cataraqui Region Conservation Authority has no objections as there is sufficient space outside the required setbacks for construction on both lots. KFL&A Public Health has evaluated both severed and retained parcels and determined there is sufficient space on each for a septic system. The severed parcel currently has a well drilled on it, which may need to be decommissioned depending on the proposed septic location. Public Works has no objections and requested a road widening which will even out the surveyed edge of the Bedford Road right-of-way in this location. R. Sutherland agreed we should encourage new lot creation within the hamlet boundaries. He suggested that the committee require the existing well on the property be closed properly before the new lot was created. Lorraine Lobb spoke at the meeting and submitted an email to the Planning Department regarding her concerns. These concerns included whether or not the appropriate agencies had commented on the application, what the minimum lot size requirements were, what the scope and size of the proposed development on the lots. She was happy with the prompt and complete reply she received from Jennie Kapusta in the Township Planning Department regarding these concerns. Richard Lobb spoke at the meeting and expressed concerns over a prior owner who had backfilled the east side of the lot and wanted to know if the applicant planned on adding any more fill to the lot as it was a decent grade difference between the road and the lake. He wanted to know where the proposed new dwellings were to be located. RESOLUTION:

C of A: 18:01:10

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby amends the motion to approve S-62-17-L, to include a requirement that the existing well on the property be abandoned and sealed as per Ministry of the Environment regulations. Carried RESOLUTION:

C of A: 18:01:11

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-62-17-L by Kellie Morgan to create a new lot, in Concession 5, Block R/Part Block B, Bedford Road, District of Loughborough, subject to conditions, including the existing well be abandoned per MOE regulations. Carried Application No: Owner: Location of Property:

S-62-17-L Kellie Morgan Concession 5, Pt. Block B/Block R, 4562 Bedford Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new residential lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].

12 2. The land to be severed by Consent Application S-62-17-L shall be for the creation of a 1.1 +/acre residential lot with 57.5 metres of frontage on Bedford Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-62-17-L in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 50 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 50 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit. 8. Prior to the stamping of the deed the applicant shall rezone the lot addition parcel to be created from Consent Application S-62-17-L from Residential Waterfront (RW) to a Special Urban Residential – First Density (UR1) zone to account for the reduced size and frontage of the proposed lots. Please contact Lindsay Mills, the Township Planner, to begin this process. 9. The applicant shall provide connections to the Sydenham municipal water system for both the severed and retained parcels created through consent application S-62-18-L. 10. The applicant shall abandon and seal the existing water well on the parcel to be severed through consent application S-62-18-L as per Ministry of the Environment regulations. Item #11: MV-03-18-L (Jean-Claude and Jackie Lalumiere) Speaking to the Application: Jean-Claude Lalumiere Discussion: The subject land consists of 0.98 +/- acres with frontage on North Shore Road and Loughborough Lake. The property is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum

13 of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres. There was a previous minor variance granted on this property (MV-21-16-L) for a reduction in setback from top of bank, during this evaluation a slope stability study was submitted per the conservation authorities request; this study has been resubmitted as part of this application in support of the reduction from top of bank. The Planning Department is able to support the application. Comments were not required from Public Works or KFL&A Public Health. Cataraqui Region Conservation Authority has evaluated the proposal and have no objections to the application provided the minimum setback to top of bank is 6 metres for all proposed structures. The building department has no objections. RESOLUTION:

C of A: 18:02:12

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-03-18-L by Jean-Claude and Jackie Lalumiere to permit a reduction in the setback from top of bank, a reduction in the 30 metre setback from water and a reduction in interior side yard, in Concession 6, Part Lot 21, 4708 North Shore Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-03-18-L Jean-Claude Lalumiere, Jackie Lalumiere Concession 6, Lot/Part Lot 21, 4708 North Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 5.8.2a and 8.3.3 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in the 30 metre setback from water and section 5.8.2b to permit a reduction in the 15 metre setback from top of bank and section 8.3.2 to permit a reduction in interior side yard Date of Hearing: March 8, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres.
  2. The applicant shall ensure that the pool be drained away from the lake and the slope in order to reduce any potential impact on the slope stability.
  3. Minor variance MV-03-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  4. 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 South Frontenac.

Item #12: Other Business Planner L. Mills spoke regarding Gary Beach wanting the Township to change the conditions on consent application S-63-17-L be George Hamilton to create an extension to an existing right-of-way which was approved at the February 8, 2018 Committee of Adjustment meeting. L. Mills consulted with the Township’s lawyer regarding this request, and the legal advice received was that it was inappropriate for the Township and the Committee of Adjustment to alter conditions of severance based on the request of a single member of the public. That should this person wish to pursue this action further it should be addressed through an appeal to the Ontario Municipal Board.

14

Item #13: Adjournment RESOLUTION: Moved by: B. Barbeau

C of A: 18:02:13 Seconded by: L. Redden

THAT the March 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 7:50 p.m. to reconvene at 7:00 p.m. on Thursday, April 12, 2018 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

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