Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: June 14, 2018 Collection: Council Minutes Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 18:04 June 14, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) Brad Barbeau (Portland District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) David Hahn (Bedford District) John Sherbino (Loughborough 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………………………………………………………………………………. 2 Item #5: Validation Order (Mary Cecilia Stewart) …………………………………………………… 2 Item #6: Validation Order (George Greer) …………………………………………………………….. 2 Item #7: MV-48-17-B (Stouffer) …………………………………………………………………………… 2 Item #8: S-27-18-S (Barbara and John Bird) …………………………………………………………. 3 Item #9: S-38-18-S, S-39-18-S (Bryan Stoness) ……………………………………………………. 4 Item #10: S-40-18-L (Sally VanLuven – Mike Howe) ……………………………………………… 7 Item #11: S-41-18-P (Theresa McPherson) ………………………………………………………….. 8 Item #12: S-42-18-B (Joan McSorley) ………………………………………………………………….. 9 Item #13: S-43-18-P (Orville and Lori Hamilton) ………………………………………………….. 10 Item #14: S-44-18-S (Jason and Michelle Thompson) ………………………………………….. 11 Item #15: S-45-18-S (Eunice Sleeth) …………………………………………………………………. 12 Item #16: S-46-18-P (Wayne Young) …………………………………………………………………. 14 Item #17: S-47-18-P (Everett Kerr) ……………………………………………………………………. 15 Item #18: S-48-18-L (Helen and Spencer Storms) ……………………………………………….. 16 Item #20: S-49-18-S, S-52-18-L, S-53-18-L, S-54-18-L (Sally VanLuven) ……………….. 18 Item #21: MV-04-18-B (Guy Marchildon) ……………………………………………………………. 20 Item #22: MV-10-18-L (Douglas and Sylvia Shelley) …………………………………………….. 21 Item #23: MV-11-18-S (Tim Greenlees) ……………………………………………………………… 21 Item #24: MV-12-18-B (William and Kimberly Powis) ……………………………………………. 22 Item #25: MV-13-18-L (Gordon Burns) ……………………………………………………………….. 23 Item #26: Other Business …………………………………………………………………………………. 24 Item #27: Adjournment …………………………………………………………………………………….. 24 Item #1: Call to Order RESOLUTION:

C of A: 18:05:01

Moved by: D. Hahn

Seconded by: B. Barbeau

THAT the June 14, 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 No Pecuniary Interest declared.

2 Councillor Ron Sleeth declared a conflict of interest regarding consent application S-45-18-S by Eunice Sleeth. Item #4: Approval of Minutes RESOLUTION:

C of A: 18:05:02

Moved By: B. Barbeau

Seconded By: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the May 10, 2018 meeting of the Committee, as circulated. Carried Item #5: Validation Order (Mary Cecilia Stewart) Speaking to the Application: John Gowsell Discussion: Lawyer John Gowsell, agent, explained the details regarding this application. In 1970 the lot on VanLuven Road was created in contravention of the newly created Planning Act through a private land transfer. This property was transferred multiple times over the subsequent years and had a dwelling built upon it. At no point was it discovered the parcel had not been legally created until the recent conversion from paper deeds (Registry Act) to electronic records (Land Titles Act) was attempted by the current land owners. This parcel has been considered a separate parcel by all owners, has always been taxed as a separate parcel, and has its own Parcel Identification Number (PIN). The Certificate of Validation being requested for approval by the Committee would formally legalize and recognize this parcel as a separate and independent parcel and allow for it to be properly converted into the electronic registration system. RESOLUTION:

C of A: 18:05:03

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES the validation of the lot created in 1970, now owned by Mary Cecilia Stewart, PIN 361420018, VanLuven Road, District of Portland. Carried Item #6: Validation Order (George Greer) Speaking to the Application: John Gowsell (agent) Discussion: Lawyer John Gowsell, agent, explained the details regarding this application. In 1975 the lot at 4207 Milburn Road was created in contravention of the newly created Planning Act through a private land transfer between family members. This property was transferred multiple times over the subsequent years and had a dwelling built upon it. At no point was it discovered the parcel had not been legally created until the recent conversion from paper deeds (Registry Act) to electronic records (Land Titles Act) was attempted by the current land owners. This parcel has been considered a separate parcel by all owners, has always been taxed as a separate parcel, and has its own Parcel Identification Number (PIN). The Certificate of Validation being requested for approval by the Committee would formally legalize and recognize this parcel as a separate and independent parcel and allow for it to be properly converted into the electronic registration system. RESOLUTION:

C of A: 18:05:04

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES the validation of the lot created in 1975, now owned by George Greer, PIN 362960104, Milburn Road, District of Storrington. Carried Item #7: MV-48-17-B (Stouffer)

3 Speaking to the Application: None Speaking Discussion: This item was originally brought to the Committee in December 2017 and was deferred due to questions regarding the proposed setback and possibility of a grey water system on the property. Discussions between the applicant and the Planning Department confirmed that this was to be a seasonal dwelling and there was no intention to have any plumbing, therefore no need for a grey water system. The applicant indicated they were confident in the ability to meet the requested setback and would like the item returned to the Committee as is with these confirmations of the issues. The subject land consists of 0.92 +/- acres with frontage on Pollywog Lake and Perth Road. The property is currently developed with multiple detached accessory buildings. There was a trailer on the property which has recently been removed. The proposal is for the construction of a 24 foot by 40 foot (960 square feet) seasonal dwelling to be located a minimum of 14.6 metres (48 feet) from the high water mark of Pollywog Lake. The topography of the property is stepped with two plateaus separated by two rock cliffs. The proposed location of the dwelling is on the lower of the two plateaus up against the rock cliff. There is a hydro line which runs along the edge of the upper plateau which drastically limits the ability for the applicant to increase the setback from the water. To obtain the 48 foot setback from the water the applicant is requesting a reduction in front yard from 20 metres to 12 metres. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments were not required from KFL&A Public Health as the applicant has indicated there is to be no plumbing in the dwelling. Cataraqui Region Conservation Authority has no objections to the application as submitted. Comments from Public Works were not required. The building department has no objections. Committee members discussed the original site visits which occurred in 2017 and the feasibility of achieving the requested setback. They did agree that given the topography of the property the applicant was doing the best they could on the site. Despite the applicants stating once again that there was going to be no plumbing in the building the Committee members still expressed concerns over grey water potential. The consensus was that given the requested size of the proposed structure it was likely that the desire for indoor plumbing in the future would be there and they wanted to understand any potential limitations on the installation of such a system. RESOLUTION:

C of A: 18:05:05

Moved by: B. Barbeau

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-48-17-B by Kurt Stouffer and Ronald Stouffer, to permit a reduction in the 30 metre setback from water, in Concession 12, Part Lot 4, 8420 Perth Road, District of Bedford, subject to confirmation of proposed structure size and addressing of grey water concerns. Carried Item #8: S-27-18-S (Barbara and John Bird) Speaking to the Application: None Speaking Discussion: The subject lands consist of a 6.3 +/- acre island with frontage on Loughborough Lake, known as Pitchpine Island (PIN 362900385). The land is currently developed with two dwellings and multiple detached accessory buildings. Each dwelling has a dedicated septic system and water source. The application is to divide the island in half along an east-west plane for the creation of a 3 +/- acre lot with the retained parcel also being 3 +/- acres in size. Each 3 +/- acre parcel will include a single dwelling and associated septic system. While the usual requirement for new lot creation on an island, as per the Comprehensive Zoning By-law 2003-75, is for both the severed and retained parcels to be a minimum of five acres in size, the Official Plan provides direction for exceptions when there are multiple existing dwellings on a single parcel. One of the conditions of severance will be that both the severed and retained parcels are rezoned to reflect the undersized lots. The planning department is able to support the application. The building department has no objections. Comments from Public Works were not required.

4 KFL&A Public Health have no objections to the proposal as both dwellings already have septic systems and there is sufficient space on each of the lots to be created for a replacement system if needed. Cataraqui Region Conservation Authority has no objection to the proposal as both the severed and retained parcels already contain existing development and there is considerable area for future development to occur outside of the water setback. They have indicated that future development on the property may require a permit. R. Sleeth visited the property and supports the application. RESOLUTION:

C of A: 18:05:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-27-18-S by Barbara and John Bird, to create a new lot, in Concession 10, Part Lot 6, Pitchpine Island, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-27-18-S Barbara Bird and John Bird Concession 10, Pt. Part Lot 6, Pitch Pine Island, Loughborough Lake, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-27-18-L shall be for the creation of a 3 +/acre lot on Pitchpine Island (PIN 362900385). The severed and retained parcels shall each contain one of the existing dwellings.
  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 created through Consent Application S-27-18-S, in lieu of parkland [Planning Act, s. 51(1)].
  6. The applicant shall rezone both the severed and retained parcels to be created through Consent Application S-27-18-S to a Special Limited Service Residential Island Zone in order to conform to account for the reduced lot sizes. Please contact the Township Planner, to begin this process. Item #9: S-38-18-S, S-39-18-S (Bryan Stoness) Speaking to the Application: None speaking Discussion: The subject lands consist of 2.94 +/- acres with frontage on Cranberry Lake. The land is currently vacant. The application is to divide the parcel in two and add the northern 1.1 +/- acre section, with approximately 160 metres of frontage on Carrying Place Road, to 4400 Carrying Place Road (S-3918-S) and to add the southern 1.4 +/- acre section, with approximately 75 metres of frontage on

5 Carrying Place Road, to 4242 Carrying Place Road (S-38-18-S). These lot additions will have the effect of reducing potential development along the shoreline of Cranberry Lake as three waterfront lots will become two. The lot addition to 4242 Carrying Place will significantly increase the road frontage of the lot from 10 metres to approximately 85 metres which brings the lot into conformity with the Comprehensive Zoning By-law. The planning department is able to support the applications. The building department has no objections. Comments from KFL&A Public Health were not required. Public Works have no objections to the proposal. Cataraqui Region Conservation Authority has no objection to the proposal.

RESOLUTION:

C of A: 18:05:07

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-38-18-S by Bryan Stoness, to create a lot addition, in Concession 9, Part Lot 22/23, Carrying Place Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-38-18-S Bryan Stoness Concession 9, Pt. Part Lot 22/23, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-38-18-S shall be for the creation of a 1.4 +/acre lot addition only to 4242 Carrying Place Road (PIN 362880767).
  3. 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

6 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. 4. 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. 5. 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. 6. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)]. RESOLUTION:

C of A: 18:05:08

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-39-18-S by Bryan Stoness, to create a lot addition, in Concession 9, Part Lot 22/23, Carrying Place Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-39-18-S Bryan Stoness Concession 9, Pt. Part Lot 22/23, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-39-18-S shall be for the creation of a 1.1 +/acre lot addition only to 4400 Carrying Place Road (PIN 362880558).
  3. 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;

7 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. 4. 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. 5. 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. 6. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)]. Item #10: S-40-18-L (Sally VanLuven – Mike Howe) Speaking to the Application: None Speaking Discussion: The subject lands consist of 77 +/- acres with frontage on Sally Lane, Sheila Lane, Carslake Lane, Boon Lane, Fred Lane, Sparrow Ridge Lane, Rutledge Road and Sydenham Lake. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal is to add a 2+/- acre parcel, with 185 metres of frontage on Sally Lane and approximately 38 metres of frontage on Sheila Lane, to 1034 Sally Lane (PIN 362790642). This lot addition would serve to increase the size of an existing undersized waterfront lot and bring it into conformity with the zoning by-law. One of the conditions of approval would be to have the lot addition parcel rezoned from Rural to Limited Service Waterfront Residential. The planning department is able to support the application. The building department has no objections. Comments from KFL&A Public Health, Public Works and Cataraqui Region Conservation Authority were not required. R. Sutherland strongly supported this application and commended the applicants for working to positively improve the situation that currently exists. Fran Willis, neighbour spoke in favour of the application and said it was good planning to enlarge the many small lots which exists from before the current Planning Act. RESOLUTION:

C of A: 18:05:09

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-40-18-L by Sally VanLuven to create a lot addition, in Concession 7, Part Lot 5, Sally Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-40-18-L Sally VanLuven (Mike Howe) Concession 7, Pt. Part Lot 5,Rutledge Road (Sally Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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)].

8

  1. The land to be severed by Consent Application S-40-18-S shall be for the creation of a 2 +/acre lot addition only to 1034 Sally Lane (PIN 362790642).
  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 $100, in lieu of parkland [Planning Act, s. 51(1)].
  5. Prior to the stamping of the deeds for the parcel to be created through Consent Application S40-18-L, the applicant shall rezone the lot addition parcel from Rural to Limited Service Residential Waterfront. Please see the Township planner to begin this process. Item #11: S-41-18-P (Theresa McPherson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 11 +/- acres with frontage on First Lake Road. The land is currently vacant. The proposal is for the creation of minimum 2.0 acre lot with approximately 186 metres of frontage on First Lake Road. The proposed lot will be severed from the northernmost section of the existing property. One of the conditions of approval for the severance will be to rezone the Retained Parcel to a Special Rural Zone. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Comments from Quinte Conservation Authority were not required. RESOLUTION:

C of A: 18:05:10

Moved by: L. Redden

Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-41-18-P by Theresa McPherson to create a new lot, in Concession 11, Part Lot 19, First Lake Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-41-18-P Theresa McPherson Concession 11, Pt. Part Lot 19, First Lake Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-45-18-S shall be for the creation of a minimum 2.0 +/- acre lot with approximately 186 metres of frontage on First Lake Road.

9 3. 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. 4. 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. 5. 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. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-41-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 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-41-18-P. 8. Prior to the stamping of the deeds for the parcel to be created through Consent Application S41-18-P, the applicant shall rezone the Retained Parcel from Rural to a Special Waterfront Residential Zone. Please the Township planner to begin this process. Item #12: S-42-18-B (Joan McSorley) Speaking to the Application: None Speaking Discussion: The subject lands consist of 32 +/- acres with frontage on James Wilson Road, Steve Babcock Road and McGowan Lane. The land is currently developed with a single dwelling and detached accessory buildings. The proposal is for the creation of 6.48 +/- acre lot addition to 85 McGowan Lane. This proposed lot addition parcel shall encompass a vacant parcel of land bounded on the eastern side by McGowan Lane. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Quinte Conservation Authority. RESOLUTION: Moved by: D. Hahn

C of A: 18:05:11 Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-42-18-L by Joan McSorley to create a lot addition, in Concession 3, Part Lot 5, McGowan Lane, District of Bedford, subject to conditions.

10

Carried Application No: Owner: Location of Property:

S-42-18-B Joan McSorley Concession 3, Pt. Part Lot 5, McGowan Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-42-18-B shall be for the creation of a 6.48 +/acre lot addition only to 85 McGowan Lane (PIN 362520419).
  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 #13: S-43-18-P (Orville and Lori Hamilton) Speaking to the Application: None Speaking Discussion: The subject lands consist of 102 +/- acres with frontage on Jamieson Road and Alton Road. The land is currently developed with a single dwelling and detached accessory buildings. The proposal is for the creation of 21 +/- acre parcel with approximately 145 metres of frontage on Jamieson Road. This proposed lot will completely eliminate access to Jamieson Road from the retained parcel. The retained parcel will be 81 +/- acres in size and encompass all existing structures. The planning department is able to support the application. The building department has no objections. Comments were not required from Quinte Conservation Authority. KFL&A Public Health have no objections. Public Works has no objections. RESOLUTION:

C of A: 18:05:12

Moved by: B. Barbeau

Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-43-18-P by Orville and Lori Hamilton to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-43-18-P Orville and Lori Hamilton Concession 6, Pt. Part Lot 4, Jamieson Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018

11 Date of Decision:

June 14, 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-43-18-P shall be for the creation of a 21 +/acre parcel with approximately 145 metres of frontage on Jamieson Road.
  3. 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.
  4. 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.
  5. 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.
  6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-43-18-P, in lieu of parkland [Planning Act, s. 51(1)].
  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-43-18-P. Item #14: S-44-18-S (Jason and Michelle Thompson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 68 +/- acres with frontage on Stafford Lane and Little Cranberry Lake. The land is currently developed with a single dwelling. The proposal is for the creation of 50 +/- acre lot addition only to 26A Beacon Point Lane. The retained parcel will be 3.75 +/- acres in size and encompass the existing structure and retain the entire water frontage. While the shape of the lot to be created through this lot addition is irregular it is similar to the existing shape of the subject lands and does not make the situation any worse.

12 The planning department is able to support the application. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health have or Public Works. RESOLUTION:

C of A: 18:05:13

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-44-18-P by Jason and Michelle Thompson to create a lot addition, in Concession 11, Part Lot 35, Sheila Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-44-18-S Jason and Michelle Thompson Concession 11, Pt. Part Lot 35, Stafford Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-44-18-S shall be for the creation of a 50 +/acre lot addition only to 26A Beacon Point Lane (PIN 362870230).
  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 #15: S-45-18-S (Eunice Sleeth) Speaking to the Application: None Speaking Discussion: The subject lands consist of 24 +/- acres with frontage on Lower Round Lake Road and Round Lake. The land is currently vacant. The proposal is for the creation of minimum 2.0 acre lot with a minimum of 76 metres of frontage on Lower Round Lake Road. Sections of Round Lake and the property to the west of this subject lands are designated as Provincially Significant Wetlands (PSW), with a small section of the subject land within the 120 metre buffer zone from a PSW. The proposed lot however is entirely outside this are of influence. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Cataraqui Region Conservation Authority has no objections. RESOLUTION: Moved by: K. Gee

C of A: 18:05:14 Seconded by: J. Sherbino

13

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-45-18-S by Eunice Sleeth to create a new lot, in Concession 9, Part Lot 1, Lower Round Lake Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-45-18-S Eunice Sleeth Concession 9, Pt. Part Lot 1, Lower Round Lake Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-45-18-S shall be for the creation of a minimum 2.0 +/- acre lot with a minimum of 76 metres of frontage on Lower Round Lake Road.
  3. 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.
  4. 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.
  5. 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.
  6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-45-18-S, in lieu of parkland [Planning Act, s. 51(1)].

14 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-45-18-S. Item #16: S-46-18-P (Wayne Young) Speaking to the Application: None Speaking Discussion: The subject lands consist of 53 +/- acres with frontage on Quinn Road East and Millhaven Creek Provincially Significant Wetland (PSW). The land is currently developed with a dwelling and detached accessory and agricultural buildings. The proposal is for the creation of a 4 +/- acre lot with a minimum of 76 metres of frontage on Quinn Road East. There is sufficient area on the proposed lot to accommodate development outside the 120 metre area of influence from a PSW. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Cataraqui Region Conservation Authority has no objections but has recommended that the municipality ensures any future development on the proposed lot is located greater than 120 metres from the edge of the PSW through site plan control. L. Redden visited the site and agrees with CRCA that there is lots of space outside the PSW to build. RESOLUTION:

C of A: 18:05:15

Moved by: L. Redden

Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-46-18-P by Wayne Young to create a new lot, in Concession 2, Part Lot 4, Quinn Road East, District of Portland, subject to conditions, including site plan control/development agreement preventing development within the 120 metre setback from a PSW. Carried Application No: Owner: Location of Property:

S-46-18-P Wayne Young Concession 2, Pt. Part Lot 4, Quinn Road East, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-46-18-P shall be for the creation of a 4 +/acre lot with a minimum of 76 metres of frontage on Quinn Road East.
  3. 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;

15 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. 4. 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. 5. 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. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-46-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 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-46-18-P. 8. 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 the Cataraqui Region Conservation Authority (CRCA) prior to any development on the property, or shoreline or in-water works, to determine the need for a permit. This development agreement shall incorporate the recommendations in the report from CRCA dated July 7, 2018 which states that no development be permitted within the 120 metre setback area from the Millhaven Creek Provincially Significant Wetland. Item #17: S-47-18-P (Everett Kerr) Speaking to the Application: None Speaking Discussion: The subject lands consist of 55 +/- acres with frontage on Road 38. The land is currently vacant. The proposal is for the creation of a 1.9 +/- acre lot addition to a commercial property created through Consent Application S-55-17-P. There was insufficient space on the lot created to encompass both the proposed commercial development and the required septic system. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Quinte Conservation Authority. B. Barbeau visited site and is happy to see an addition that creates a parcel the right size for future commercial development. RESOLUTION:

C of A: 18:05:16

Moved by: B. Barbeau

Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-47-18-P by Everett Kerr to create a lot addition, in Concession 5, Part Lot 6, Road 38, District of Portland, subject to conditions. Carried Application No: Owner:

S-47-18-P Everett Kerr

16 Location of Property:

Concession 5, Pt. Part Lot 6, Road 38, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-47-18-P shall be for the creation of a 1.9 +/+/- acre lot addition to the parcel created through Consent Application S-55-17-P.
  3. 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.
  4. 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.
  5. 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.
  6. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
  7. Prior to the stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-47-18-P from Rural (RU) to Urban Commercial (UC). Please see the Township planner to begin this process. Item #18: S-48-18-L (Helen and Spencer Storms) Speaking to the Application: None Speaking Discussion: The subject lands consist of 35 +/- acres with frontage on Rutledge Road, Storm Haven Lane and Slumber Lane. The land is currently developed with a single dwelling and detached accessory

17 buildings. The proposal is for the creation of a 8.75 +/- acre lot addition to a 1040 Slumber Lane. The retained parcel will encompass all existing structures. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Cataraqui Region Conservation Authority. RESOLUTION:

C of A: 18:05:17

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-48-18-L by Helen and Spencer Storms to create a lot addition, in Concession 5, Part Lot 6, Slumber Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-48-18-L Helen and Spencer Storms Concession 5, Pt. Part Lot 6, Storm Haven Lane (Slumber Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-48-18-L shall be for the creation of an 8.75 +/- acre lot addition only to 1040 Slumber Lane (PIN 362790704).
  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. Prior to the stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-48-18-L from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township planner to begin this process. Item #19: S-50-18-S (548883 Ontario Limited) Speaking to the Application: None Speaking Discussion: The subject lands consist of 50 +/- acres with frontage on Hiawatha Lane, Hewett Lane and Dog Lake. The land is currently developed as a commercial resort. The proposal is to permit the property known as 4027 Hiawatha Lane to use an existing right-of-way over the commercial resort property to access Dog Lake. This right-of-way already exists for use by the resort guests in addition to several other property owners along Hiawatha Lane. This application will not create the right-of-way but add another property to the list of legally permitted users. The planning department is able to support the application. The building department has no objections.

18 Comments were not required from KFL&A Public Health, Public Works or Cataraqui Region Conservation Authority. RESOLUTION:

C of A: 18:05:18

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-50-18-S by 548883 Ontario Limited to create a right-of-way, in Concession 8, Part Lot 15/16, Hiawatha Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-50-18-S 548883 Ontario Limited Concession 8, Pt. Part Lot 15/16, Hiawatha Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-50-18-S shall be for the creation of a 0.4 +/acre right-of-way over 4004 Hiawatha Lane to Dog Lake.
  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. Item #20: S-49-18-S, S-52-18-L, S-53-18-L, S-54-18-L (Sally VanLuven) Speaking to the Application: None Speaking Discussion: The subject lands consist of 77 +/- acres with frontage on Sally Lane, Sheila Lane, Carslake Lane, Boon Lane, Fred Lane, Sparrow Ridge Lane, Rutledge Road and Sydenham Lake. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal for S-49-18-L is to add a 1.96 +/- acre parcel, with frontage on Sheila Lane and Carslake Lane, to 1273 Sheila Lane. This lot addition would serve to increase the size of an existing undersized waterfront lot and bring it into conformity with the zoning by-law. The proposal for S-52-18-L is to add a 0.19 +/- acre parcel, with frontage on Sheila Lane, to 1247 Sheila Lane. The proposal for S-53-18-L is to add a 1.1 +/- acre parcel, with frontage on Boon Lane and Sheila Lane, to 1024 Boon Lane. This proposal will serve to increase the size of an existing undersized lot. The proposal for S-54-18-L is to add a 1.1 +/- acre parcel to 1015 Boon Lane. This proposal will serve to increase the size of an existing undersized lot. One of the conditions of the approvals for all the lot additions will be to rezone the parcels from Rural to Limited Service Residential Waterfront. The planning department is able to support the applications. R. Sutherland is happy to see undersized waterfront lots being enlarged and the right-of-way issues being resolved. Fran Willis, neighbour, spoke in favour of the applications and was also happy to see the smaller waterfront lots being enlargd. RESOLUTION:

C of A: 18:05:19

19

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-49-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:20

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-52-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:21

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-53-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:22

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-54-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried

Application No: Owner: Location of Property:

S-49-18-L, S-52-18-L, S-53-18-L, S-54-18-L Sally VanLuven Concession 7, Pt. Part Lot 5, Rutledge Road (Sheila Lane, Carslake Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create four lot additions Date of Hearing: June 14, 2018 Date of Decision: June 14, 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-49-18-L shall be for the creation of a 1.96 +/acre lot addition only to 1273 Sheila Lane (PIN 362790624), together with a right-of-way over Sheila Lane and Carslake Lane.
  3. The land to be severed by Consent Application S-52-18-L shall be for the creation of a 0.19 +/acre lot addition only to 1247 Sheila Lane (PIN 362791247), together with a right-of-way over Sheila Lane.

20 4. The land to be severed by Consent Application S-53-18-L shall be for the creation of a 1.1 +/acre lot addition only to 1024 Boon Lane (PIN 362790621), together with a right-of-way over Sheila Land and Boon Lane. 5. The land to be severed by Consent Application S-54-18-L shall be for the creation of a 1.1 +/acre lot addition only to 1015 Boon Lane (PIN 362790620), together with a right-of-way over Sheila Lane and Boon Lane. 6. 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. 7. 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. 8. The Township of South Frontenac shall receive $100 for each of the parcels to be severed through Consent Applications S-49-18-L, S-52-18-L, S-53-18-L, and S-54-18-L, in lieu of parkland [Planning Act, s. 51(1)]. 9. Prior to the stamping of the deeds for the lot addition parcels to be created through Consent Applications S-49-18-L, S-52-18-L, S-53-18-L, and S-54-18-L the applicant shall rezone the lot addition parcels from Rural to Limited Service Residential Waterfront. Please see the Township planner to begin this process. Item #21: MV-04-18-B (Guy Marchildon) Speaking to the Application: None Speaking Discussion: The subject land consists of an 8.8 +/- acre island in Devil Lake, known as Island 50. The property is currently vacant. The proposal is for the construction of a 24 foot by 36 foot (864 square foot footprint) two-story dwelling to be located a minimum of 20 metres from the high water mark of Devil Lake. The applicant has submitted a preliminary Environmental Impact Analysis (EIA), completed in April 2015, in support of this application. This analysis was completed to determine if there was a suitable building envelope outside the 30 metre setback and this EIA determined there was sufficient space which met the setbacks. The applicant has requested a 10 metre reduction in this setback due to the constraints of the topography of the island. The Planning Department is unable to support the application as submitted. Cataraqui Region Conservation Authority has reviewed the EIA supplied and the proposal submitted. They have recommended deferral of the application until a scoped or full EIA has been submitted The reason were the original EIA did not address the proposed development, it indicated sufficient space outside the 30 metre setback for development and a one third reduction (10 metres) to the required setback is not considered minor. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections. Planner L. Mills visited the island and said it is very rocky and forested, that the topography makes alternative locations for construction more challenging. D. Hahn had not visited the site but questioned why the EIA did not address the specific site and stated that as Devil Lake is an At Capacity Lake Trout Lake the Committee needs to carefully consider any setback reductions. B. Barbeau questioned why the CRCA had not actually visited the site, as that was one of the main reasons this item had not been heard by the Committee sooner. He also had questions over the site evaluation and comments from the CRCA when no actual site visit had been conducted by them. J. Sherbino agrees that a more site specific EIA should be conducted; he also questioned why KFL&A had not evaluated the possibility of a grey water system installation. R. Sutherland seconded this concern. The applicant has indicated there is no intention of installing plumbing in the dwelling and will use a composting toilet for sewage disposal. Reg. Genge of Ontario Lake Assessments, who completed the EIA submitted with the application, spoke with regards to the scope and detail of the EIA completed in 2015 and said that the other areas of the island and shoreline contained trout spawning shoals and fish habitat areas that should be avoided. He said any redo of the EIA would not change his opinion on the ideal location for construction. R. Sutherland said that given the size of the island and the ability to meet the 30 metre setback he was extremely reluctant to approve any reduction; especially given the status of the lake.

21

RESOLUTION:

C of A: 18:05:23

Moved by: L. Redden

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-04-18-B by Guy Marchildon to permit a reduction in the 30 metre setback from water, in Concession 10, Part Lot 8, Island 50, Devil Lake, District of Bedford, subject to CRCA site visit, KFL&A comments regarding a grey water system and EIA site specific evaluation amendment to the existing EIA. Carried Item #22: MV-10-18-L (Douglas and Sylvia Shelley) Speaking to the Application: None Speaking Discussion: The subject land consists of a 0.68 +/- acre parcel with frontage on Daley Road. The property is currently developed with a single dwelling and detached accessory buildings. The proposal is for the construction of a 26 foot by 38 foot (988 square foot footprint) addition to the existing dwelling. Based on the survey provided by the applicant the existing dwelling is located 31.25 feet from the side property line. An addition with a width of 28 feet would reduce the side yard from 9.8 feet to 5.25 feet. The Planning Department is able to support the application as submitted. Comments were not required from Public Works, KFL&A Public Health or Cataraqui Region Conservation Authority. The building department has no objections. RESOLUTION:

C of A: 18:05:24

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-10-18-L by Douglas and Sylvia Shelley to permit a reduction in the interior side yard, in Concession 3, Part Lot 10, 3771 Daley Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-10-18-L Douglas and Sylvia Shelley Concession 3, Lot/Part Lot 10, 3771 Daley Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 7.3.2 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in interior side yard Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of an addition to an existing dwelling at 3771 Daley Road, to be located a minimum of 5.25 feet from the interior side property line.
  2. Minor variance MV-10-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. 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 #23: MV-11-18-S (Tim Greenlees) Speaking to the Application: None Speaking Discussion:

22 The subject land consists of a 1.82 +/- acre parcel with frontage on Sandpiper Lane and Loughborough Lake. The property is currently developed with a single dwelling and detached accessory buildings. The proposal is for the partial demolition of the existing dwelling, then the reconstruction and enlargement of this dwelling. The enlargement proposed includes an increase in building footprint, the addition of a full basement under the current sunroom area (east end of dwelling) and cabin portion (west end of dwelling) which would tie into and be accessible from the existing basement area under the central portion of the dwelling and an increase in height as part of the reconstruction of the roof to unify the rooflines. There would be an overall increase in gross floor area of approximately 410 square feet; and increase in footprint of approximately 670 square feet and a height increase of approximately 8 feet. All of these increases would be on the sides and back (nonwater side) of the existing dwelling and there would be no farther encroachment into the 30 metre setback than the existing dwelling. The Planning Department is able to support the application as submitted. Comments were not required from Public Works or KFL&A Public Health. Comments from Cataraqui Region Conservation Authority have yet to be received. The building department has no objections. Significant discussion amongst Committee members regarding exactly what the proposed increase in both square footage footprint and useable living space were to be. They wanted further details and drawings on the proposal. Additionally, they wanted more time to fully evaluated the Environmental Impact Assessment submitted by the applicant, as this report was not submitted until the day before the meeting. As comments had also not been received from CRCA regarding this proposal it was decided that the best course of action would be to defer the application until these concerns could be addressed. RESOLUTION:

C of A: 18:05:25

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-11-18-S by Tim Greenlees to permit an increase in footprint of an existing dwelling within the 30 metre setback from water, in Concession 1, Part Lot 52, 1015 Sandpiper Lane, District of Storrington, subject to receipt of comments from Cataraqui Region Conservation Authority. Carried Item #24: MV-12-18-B (William and Kimberly Powis) Speaking to the Application: None Speaking Discussion: The subject land consists of a 2.31 +/- acre parcel with frontage on Green Bay Road and Bobs Lake Road. The property is currently developed with a single detached dwelling. The proposal is for the construction of a 20 foot by 25 foot (500 square foot footprint) accessory building in the front yard of 2632 Green Bay Road. This building would be located approximately105 feet from Green Bay Road. The topography of the property and location of the existing dwelling and septic system make it impossible to locate the accessory structure outside either the front yard or exterior side yard. The Planning Department is able to support the application as submitted. Comments were not required from Public Works or KFL&A Public Health or Rideau Valley Conservation Authority. The building department has no objections. RESOLUTION:

C of A: 18:05:26

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-12-18-B by William and Kimberly Powis to permit construction of an accessory building in the front yard, in Concession 3, Part Lot 10, 3771 Daley Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-12-18-B William and Kimberly Powis Concession 2, Lot/Part Lot 20/21, 2632 Green Bay Road, District of Bedford, Township of South Frontenac

23 Purpose of Application: To vary sections 5.24.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building in the front yard Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a 500 square foot footprint accessory building in the front yard of 2632 Green Bay Road.
  2. Minor variance MV-12-18-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. 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 #25: MV-13-18-L (Gordon Burns) Speaking to the Application: None Speaking Discussion: The subject land consists of a 1.57 +/- acre island, known as Sand Island, with frontage on Loughborough Lake. The property is currently vacant. The applicant has previously been granted a minor variance on this property for a 1200 square foot, single storey dwelling with no basement to be located a minimum of 55 feet from the high water mark of Loughborough Lake. Upon surveying the island it was discovered that it would be challenging if not impossible to fit what was approved into the setback approved. As such, the proposal for this minor variance application is for a 1200 square foot, gross floor area, two storey dwelling with a minimum setback from Loughborough Lake of 50 feet rather than 55 feet. This will reduce the footprint of the structure but not increase the impact on the lake as the useable living space will remain unchanged. The Planning Department is able to support the application as submitted. Comments were not required from Public Works. Cataraqui Region Conservation Authority and KFL&A Public Health both indicated that as the overall useable living space remained the same as the original proposal that their previous comments of no objections to the proposal remained in effect. The building department has no objections. RESOLUTION:

C of A: 18:05:27

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-13-18-L by Gordon Burns to permit a reduction in the 30 metre setback from water, in Concession 6, Part Lot 25, Sand Island, Loughborough Lake, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-13-18-L Gordon Burns Concession 6, Lot/Part Lot 25, Sand Island, Loughborough Lake, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 5.8.2 and 11.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction of a dwelling within the 30 metre setback from water Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision: CONDITIONS:

MINOR VARIANCE APPROVED, subject to conditions

24

  1. This minor variance is for the construction of a 1200 square foot, gross floor area, two stories, no basement permitted dwelling to be located a minimum of 15 metres from the high water mark of Loughborough Lake. This minor variance only applies to Sand Island.
  2. Minor variance MV-13-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. 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 #26: Other Business Discussion regarding reduction in application fees for MV-13-18-L by Gordon Burns. It was determined that a 50% reduction in application fees would be acceptable.

Item #27: Adjournment RESOLUTION: Moved by: R. Sutherland

C of A: 18:05:28 Seconded by: J. Sherbino

THAT the June 14, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 9:10 p.m. to reconvene at 7:00 p.m. on Thursday, July 12, 2018 or at the call of the Chair. Carried


Alan Revill Chair


Lindsay Mills Secretary-Treasurer

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