Published September 13, 2018
Word Count 10092 words
Reading Time 48 min read

Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: September 13, 2018 Collection: Council Minutes Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 18:09 September 13, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ken Gee (Storrington District) David Hahn (Bedford District) Alan Revill (Bedford District-C) Brad Barbeau (Portland District-C) Larry Redden (Portland District) John Sherbino (Loughborough District)

ABSENT WITH REGRETS:

Ross Sutherland (Loughborough District-C) Ron Sleeth (Storrington District-C)

STAFF:

Claire Dodds – Director of Development Services, South Frontenac Megan Rueckwald – Secretary-Treasurer, Planning Manager, County of Frontenac

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: Local Planning Appeal Tribunal (LPAT) Presentation (M. Rueckwald)………….. 2 Item #6: S-48-18-L (Storms/Bennett (agent)) ………………………………………………………… 2 Item #7: S-63-18-S (Hiawatha Lane - 548883 Ont. Ltd) ………………………………………….. 2 Item #8: S-64-18-L (Roche)………………………………………………………………………………… 4 Item #9: S-66 &67-18-P (Alton) …………………………………………………………………………… 5 Item #10: S-73-18-P (Smart) ………………………………………………………………………………. 7 Item #11: S-74-18-P (Snelgrove) ………………………………………………………………………… 9 Item #12: S-76-18-B (Tucker)……………………………………………………………………………. 10 Item #13: S-77-18-L (Lafontaine) ………………………………………………………………………. 11 Item #14: S-78-18-L (VanLuven & Laframbroise)…………………………………………………. 13 Item #15: S-79-18-L (Clark Family) ……………………………………………………………………. 14 Item #16: S-81-18-L (VanLuven and Simpson) ……………………………………………………. 16 Item #17: S-82-18-S (Desrochers) …………………………………………………………………….. 17 Item #18: MV-18-18-B (Freeman) ……………………………………………………………………… 19 Item #19: Other Business …………………………………………………………………………………. 19 Item #20: Adjournment …………………………………………………………………………………….. 19 Item #1: Call to Order RESOLUTION: Moved by:

C of A: 18:09:01

John Sherbino

Seconded by: Ken Gee

THAT the September 13, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:09 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

Item #4: Approval of Minutes

RESOLUTION:

C of A: 18:09:02

Moved By: John Sherbino

Seconded By: Ken Gee

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the August 13, 2018 meeting of the Committee, as circulated. Carried

Item #5: Local Planning Appeal Tribunal (LPAT) Presentation (M. Rueckwald) Presentation deferred until October Committee of Adjustment Meeting, when all Committee of Adjustment members can be in attendance.

Item #6: S-48-18-L (Bennett/Storms) Speaking to the Application: none Discussion: At the June 14, 2018 Committee of Adjustment meeting, the Committee granted provisional consent for application S-48-18-L. Application S-48-18-L was for a lot addition of approximately 8.75 acres of land from 1036 Storm Haven Lane to a vacant parcel of land north of the subject property with frontage on Sydenham Lake. In Condition 2 of the Notice of Decision, the land to be severed by Consent Application S-48-18-L shall be for the creation of an 8.75 +/- lot addition only to 1040 Slumber Lane (PIN 362790704). When preparing the conditions, planning staff referenced the incorrect civic address and PIN. Instead, the condition should have referenced the benefitting lands as PIN 362790703 (no civic address assigned to the vacant lot). Section 53(23) of the Planning Act, states that the conditions of provisional consent may be changed at any time before consent is given. Planning staff recommend the change of condition to the correct benefitting lands and view the amendment as minor due to the fact that the Committee of Adjustment made the decision based on the correct identification of the benefiting lands but the incorrect property was referenced in the Notice of Decision. If the changes are minor, no further action is required under the Planning Act.

RESOLUTION: Moved by:

C of A: 18:09:04

Ken Gee

Seconded by: John Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby amends the conditions of provisional consent for application S-48-18-L by Helen and Spencer Storms (Jeff Bennett – agent), to identify the benefitting lands as PIN 362790703 (vacant waterfront lot to the north with frontage along Sydenham Lake). Carried

Item #7: S-63-18-S (Hiawatha Lane) Speaking to the Application: Leslie Briscoe Discussion: An application for consent has been received for the creation of one new waterfront lot from an existing property at Concession 8, Part Lots 15 and 16, District of Storrington, Township of South Frontenac, known municipally as 4071 Hiawatha Lane (see attached map). The existing lot has frontage on Dog Lake with Hood Lane, Hiawatha Lane and Hewett Lane dissecting the property. The subject property is

3 currently operated as recreational resort commercial property known as Hiawatha Hideaway. The proposal is to sever 2.5 acres from an existing 50 acre lot create one new lot containing an existing cottage. Consent application S-63-18-P is for the creation of a developed waterfront limited services lot. The proposed new lot will have approximately 305 feet of frontage along Dog Lake and is approximately 2.5 acres in area. The lot will be irregularly shaped due to the configuration of the shoreline with a depth of approximately 360 feet. The lot will be accessed by Hiawatha Lane. The lot will contain a seasonal dwelling municipally known as 4065 Hiawatha Lane. The retained lands will consist of approximately 50 acres in area with approximately 900 feet of frontage along Dog Lake and over 1km of private roads dissecting the property. The retained lands will contain three seasonal dwellings as part of the recreational resort commercial property. No further development is proposed for the retained lands at this time. The proposed lot line configuration to sever off the existing waterfront cottage at 4065 Hiawatha Lane results in a lot line that will dissect the cottage at 4071 Hiawatha Lane. Planning staff confirmed with the applicant that the cottage at 4071 Hiawatha Lane will be removed from the subject property; planning staff are recommending the removal of the cottage as a condition of the consent.

Application S-63-18-S by 548883 Ontario Limited, to create a new lot, in Concession 8, Part Lot 15/16, Hiawatha Lane, District of Storrington, had been deferred by the Committee of Adjustment subject to review of KFL&A Health Unit comments at the August 9th meeting. Supportive comments have been received from the Health Unit now. A Committee member noted the mapping for this applications shows a sliver of a waterfront that appeared to have an odd shape. M. Rueckwald noted this was an error in the mapping that has not yet been updated, but that the sliver was conveyed as part of an approved lot addition. Committee members were supportive of the consent with conditions outlined by M. Rueckwald, now that Health Unit comments have been received. RESOLUTION: C of A: 18:09:05 Moved by: John Sherbino

Seconded by: Ken Gee

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-63-18S by 548883 Ontario Ltd. For the creation of one new lot with frontage along Dog Lake and accessible by Hiawatha Lane at Part Lot 15 and 16, Concession 8, District of Storrington, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-63-18-S 548883 Ontario Ltd. Concession 8, Part Lots 15 and 16, Hiawatha Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create new lot Date of Hearing: August 9, 2018 Date of Decision: September 13, 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-63-18-S shall be for the creation of residential limited service waterfront lot with a minimum area of 2.5 acres with the required 91 metres of waterfront and 76 metres of frontage along Hiawatha Lane, together with a right-of-way over Hiawatha Lane from Ormsbee 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 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-63-18-S, in lieu of parkland [Planning Act, s. 51(1)]. 6. That the Owners enter into an agreement with the Township registered on title to recognize that the lot is accessible by private lane with limited services in accordance with Section 5.7.7 (ii) c. of the Township’s Official Plan. 7. That the Owners obtain the required permits and remove the cottage and accessory buildings associated with the municipal address 4071 Hiawatha Lane so that the severed lands contain one seasonal residential dwelling at the 4065 Hiawatha Lane municipal address. 8. Prior to stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-63-18-S from Resort Recreational Commercial Exception 4 (RRC-4) to Limited Service Residential – Waterfront (RLSW). Please see the Township planner to begin this process.

Item #8: S-64-18-L (Roche) Speaking to the Application: Douglas Roche Discussion: This application was deferred at the August Committee of Adjustment meeting to allow the applicant to revise the application from a lot addition to a severance. An application for consent has been received for the creation of one new lot from an existing property at Part Lot 1, Concession 2, District of Loughborough, known municipally as 3246 Forest Road (see attached map). The existing lot has frontage on Forest Road and Murvale Road and is approximately 4.25 acres in area. The subject property is currently developed with a dwelling and multiple accessory structures including a large greenhouse and is primarily cleared land. The applicant is proposing to sever approximately 2 acres from an existing 4.25 acre property in order to create one new rural residential lot. The new lot will restore two lots that merged on title with a new confirmation that meets the provisions in the Township’s Zoning Bylaw. There was discussion among Committee members as to whether a condition for a well pumping capacity condition should be imposed as the lots merged together unintentionally, and prior to the merging the two lots were both considered building lots. The Committee felt it continues to be important to confirm the water supply for a vacant lot. The Committee approved the consent including a condition requiring a water pump test. RESOLUTION: Moved by:

C of A: 18:09:06

Ken Gee

Seconded by: John Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-64-18L by Mr. and Mrs. Roche for the creation of one new lot with frontage on Forest Road at Part Lot 1, Concession 2, District of Loughborough, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-64-18-L Douglas Roche Concession 2, Part Lot 1, 3246 Forest Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new rural residential lot (separate two lots that merged on title with a new configuration that complies with the current Zoning Bylaw provisions) Date of Hearing: September 13, 2018 Date of Decision: September 13, 2018 Decision:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

5 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-64-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage along Forest 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 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-64-18-L.

Item #9: S-66 & 67-18-P (Alton) Speaking to the Application: none Discussion: The applicant is proposing to sever approximately 7 acres from an existing 97 acre property in order to create two new lots. The retained lot will decrease in size to approximately 90 acres in area. Currently, the property is developed with a dwelling, barn and accessory structures; consent application S-66-18-P will separate the structures from the retained lands. No new development is proposed at this time, but there exists a suitable building envelope on the retained lands outside of the mineral aggregate operation. Comments were received from KFL&A outlining they have no objections on this application. Committee members noted that they were happy to support the application.

6

RESOLUTION: Moved by:

C of A: 18:09:07

Ken Gee

Seconded by: John Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-66-18P by Mr. Alton (agent: Rob Smith) for the creation of one new lot with frontage on Harrowsmith Road and Loughborough Portland Boundary Road at Part Lot 1, Concession 5, District of Portland, Township of South Frontenac. Carried

RESOLUTION: Moved by:

C of A: 18:09:08

Ken Gee

Seconded by: John Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-67-18P by Mr. Alton (agent: Rob Smith) for the creation of one new lot with frontage on Harrowsmith Road and Loughborough Portland Boundary Road at Part Lot 1, Concession 5, District of Portland, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-66-18-P and S-67-18-P Mark and Sharon Alton (Agent: Rob Smith) Concession 5, Part of Lot 1, 3254 Harrowsmith Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create two new lots Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-66-18-P shall be for the creation of a rural residential lot that is approximately 4 acres in area with approximately 880 feet of road frontage combined on Harrowsmith Road and Loughborough Portland Boundary Road.
  3. The land to be severed by Consent Application S-67-18-P shall be for the creation of a rural residential lot that is approximately 3 acres in area with approximately 510 feet of frontage along Harrowsmith Road.
  4. 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 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:

7 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 SecretaryTreasurer 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. 5. 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. 6. 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. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-66-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-67-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 9. The Owner shall 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-67-18-P.

Item #10: S-73-18-P (Smart) Speaking to the Application: Willard Brown (neighbour) Discussion: An application for consent has been received for the creation of one new lot from an existing property at Part Lot 12, Concession 10, District of Portland, known municipally as 5801 Cross Road (see attached map). The existing lot has frontage on Cross Road and Bellrock and is approximately 5 acres in area. The subject property is currently developed with a dwelling with the remainder naturally vegetated with cleared grass areas as well. The applicant is proposing to sever approximately 2 acres from the existing 5 acre property in order to create one new rural residential lot. Written comments were received from Willard Brown, neighbour at 5817 Cross Road, regarding concerns over alterations to grading on the proposed new lot that may negatively impact his property; in addition to proximity of the proposed septic location to his existing well. Mr. Brown also spoke at the Committee of Adjustment meeting on August 9, 2018 to express his concerns. The committee members elected to defer the application to allow time for further evaluation of the drainage between the lots. A site visit was completed by planning staff on August 1, 2018, to review the severance application. Following the deferral of the application, planning staff and staff from the Public Works Department met on site with the applicant and the concerned member of the public. Public Works staff discussed the inclusion of a condition for a drainage swale which the applicant and concerned member of the public were agreeable to as a way to ensure drainage was properly directed before the construction of a dwelling on the severed lands. Public Works and KFL&A Health Unit have no objection to this severance. Committee members were pleased to see a satisfactory resolution to the concerns about drainage and were glad to see the concerns could be addressed through conditions of the consent application. Willard Brown, a neighbour, requested to be notified of the decision of the Committee of Adjustment for application S-73-18-P. RESOLUTION:

C of A: 18:09:09

8 Moved by:

John Sherbino

Seconded by: Ken Gee

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-73-18P by Mr. and Mrs. Smart for the creation of one new lot with frontage on Cross Road at Part Lot 12, Concession 10, District of Portland, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-73-18-P Bond and Smart Concession 10, Part Lot 12, 5801 Cross Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new lot Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-75-18-P shall be for the creation of a lot with a minimum area of 2 acres with a minimum of 76 metres of frontage along Cross 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-73-18-P, in lieu of parkland [Planning Act, s. 51(1)].

9 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-73-18-P. 8. That a development agreement be registered on title requiring a drainage swale to be constructed and maintained along the northern boundary of the severed lands. The drainage easement shall be: a. Located entirely on the parcel to be severed through Consent Application S-73-18-P; b. Constructed with a minimum depth of swale of 150mm and a maximum depth of 300mm; c. Constructed with a maximum seeded or sodded side slope of 3 horizontal to 1 vertical (3h:1v). d. A sufficient width to accommodate/permit necessary maintenance or future upkeep/repairs of the swale to a maximum width of 2 metres; e. Constructed through a split yard design where the drainage patterns running towards the west shall be permitted to extend near the front property line (Cross Road) and discharge into the Township ditch and where the drainage to the east will connect to a positive drainage outlet being the marsh at the rear of the property. f. Maintained to ensure proper functioning and drainage patterns. 9. Under no circumstances will yard drainage be permitted to drain directly onto any neighbouring property or Township owned road.

Item #11: S-74-18-B (Snelgrove) Speaking to the Application: none Discussion: This application was deferred at the August Committee meeting due to a circulation error. An application for consent has been submitted for a lot addition from Part Lot 1, Concession 2, District of Bedford, known municipally as 204 Frye Lane to Part Lot 1, Concession 11, District of Bedford Lane (see attached map). The proposal is to sever approximately 0.85 acres to facilitate a lot addition to enlarge an existing waterfront lot municipally known as 279 Frye Lane. Consent application S-74-18-B will facilitate a lot addition of approximately 0.85 acres of land to enlarge an existing waterfront lot at 279 Frye Lane. The retained lands will consist of approximately 10 acres in area that exceed the minimum requirements for lot frontage and frontage along the private lane. D. Hahn was pleased to see that the circulation issues with this application had been resolved and that it was good to see the lots getting bigger.

RESOLUTION: Moved by:

C of A: 18:09:10

David Hahn

Seconded by: Brad Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-74-18B by Paul Snelgrove for the conveyance of a lot addition from Part Lot 1, Concession 2, District of Bedford, Township of South Frontenac. Carried Application No: Applicant: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-74-18-B Paul Snelgrove Concession 2, Part Lot 1, 204 Frye Lane, District of Bedford, Township of South Frontenac Consent for lot addition September 13, 2018 (Deferred at August 2018 meeting) September 13, 2018

10 Decision:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

Conditions 7. 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. The land to be severed by Consent Application S-74-18-B shall be for the creation of an approximately 0.85 acre lot addition only to 279 Frye Lane (Roll no. 102901003006700). 9. 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. 10. 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. 11. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].

Item #12: S-76-18-B (Tucker) Speaking to the Application: Fotenn Consultants, Mike Keene & Miles Weekes Discussion: An application for consent has been received to establish a permanent mainland access regime for water access properties located on Mica Island in Bobs Lake. The proposal is to sever 1.2 acres of land from an existing 9.6 acre parcel of land to create one new lot for parking and docking facilities. The lot to be created has approximately 52 metres of frontage along Dewitt Lane and fronts onto Bobs Lake and Michaels Creek Marsh which is a Provincially Significant Wetland (PSW). The intent of the application is to bring an existing non-conforming water access situation into conformity with the policies of the Official Plan by establishing a regularized access regime for the existing properties located on Mica Island. The parking area proposed will be large enough to accommodate four vehicles and will be approximately 10 metres by 12 metres; the parking area will be setback 30 metres from the high water mark and 5 metres from the neighbouring lane. The applicants have submitted a Zoning Bylaw Amendment application to restrict the uses on the severed lands to parking for the exclusive use of the owners that is setback a minimum of 30 metres from the high water mark of Bobs Lake and docking facilities. The applicants have also proposed conditions to be included in the site plan agreement to limit disturbance on the property and a restrictive covenant.

Committee members asked the consultants in attendance for this application about the restrictive covenant to be registered on title. Mr. Weekes stated that the restrictive covenant ties the mainland property to the island property so the 2 property cannot be sold separately in the future. Mr. Keen added that the restrictive covenant was recommended by the lawyer acting on this file and provides a mainland parking area and dock for two existing cottages on Mica Island. Committee member Revill noted that any future building is restricted on such a small lot.

RESOLUTION: Moved by:

C of A: 18:09:11

David Hahn

Seconded by: Brad Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-76-18B by Tucker (Agent: Fotenn Consultants Inc and Laidlaw) for the creation of one new lot for parking and mooring facilities at Part Lot 27 & 28, Concession 7, District of Bedford, Township of South Frontenac.

11 Carried Application No: Owner: Location of Property:

S-76-18-B Tucker (Agent: Fotenn Consultants Inc. and Laidlaw) Part Lot 27 and 28, Concession 7, District of Bedford, Township of South Frontenac (668 Dewitt Lane) Purpose of Application: Consent to create one new lot to provide parking facilities to a water access only lot Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-76-18-B shall be for the creation of an approximately 1.2 acre lot with approximately 52 metres of frontage along Dewitt Lane.
  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-75-18-P, in lieu of parkland [Planning Act, s. 51(1)].
  6. The applicants enter into a site plan agreement with the Township to be registered on title including the recommendations outlined in the September 6, 2018 letter prepared by the Rideau Valley Conservation Authority and recommendations included in the Planning Justification Report dated July 16, 2018.
  7. That the severed lands be rezoned to RLSW-X to restrict the permitted uses on the property to docking and parking facilities and recognize the deficient area and road frontage requirements.

Item #13: S-77-18-B (Lafontaine) Speaking to the Application: none Discussion: An application for consent has been received for the creation of one new residential lot, together with a right-of-way, from an existing property at Part Lot 12, Concession 7, District of Portland, known municipally as 4358 Desert Lake Road (see attached map). The existing lot has frontage on Desert Lake Road and Howes Lake and is approximately 19 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings in proximity to Desert Lake Road, with the remainder a mix of woodlands and some pasturelands. The applicant is proposing to sever a minimum of 2 acres from the existing 19 acre property in order to create one new rural residential lot. The subject property includes Woods Lane, a private road, which serves as access to eight waterfront cottage properties. Public Works recommend accessing the retained parcel via Woods Lane for safety reasons. KFL&A Public Health commented that the proposed lot is capable of providing flexibility in siting a sewage disposal system, dependant on the proposal submitted.

12 No comments further comments were received at the public hearing on this application.

RESOLUTION: Moved by:

C of A: 18:09:12

Brad Barbeau

Seconded by: Larry Redden

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-77-18P by Steven and Patricia Lafontaine for the creation of one new lot at Part Lot 7, Concession 12, District of Portland, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-77-18-P Steve and Patricia Lafontaine Concession 12, Part Lot 7, 4358 Desert Lake Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new residential lot, together with a right-of-way Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-77-18-P shall be for the creation of a minimum 2 acre lot with a minimum of 76 metres of frontage along Desert Lake Road.
  3. The land to be retained by Consent Application S-77-18-P shall be approximately 17 acres with a right-of-way over the severed lands to provide access to Woods Lane.
  4. 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.
  5. 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.

13 6. 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. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-77-18-P, in lieu of parkland [Planning Act, s. 51(1)]. Item #14: S-78-18-L (VanLuven & Laframboise) Speaking to the Application: Michael Laframboise Discussion: An application for consent has been received for the creation of one new residential waterfront lot, from an existing property at Part Lot 7, Concession 5, District of Loughborough, known municipally as 2496 Rutledge Road (see attached map). The existing lot has frontage on Rutledge Road and Sydenham Lake and is approximately 70 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings near to Rutledge Road, with the remainder mostly naturally vegetated. The applicant is proposing to sever approximately 5.4 acres from the existing 70 acre property in order to create one new residential waterfront lot, together with a right-of-way over Sheila Lane for access. The subject property includes Sheila Lane, Sally Lane, Boon Lane, Carslake Lane, Fred Lane and Sparrow Ridge Lane, all private roads, which serve as access to more than 20 waterfront cottage properties. S-78-18-L is for the creation of a residential waterfront lot. The proposed new lot would have a minimum of 76 metres of frontage along Boon Lane, 91 metres of waterfrontage on Sydenham Lake and would be approximately 5.4 acres in size. The proposed lot would encompass the entire 91 metres of waterfrontage from the subject lands and lot would be vacant. The application S-78-18-L is also for the creation of a right-of-way over Sheila Lane and Boon Lane, as required for access, in favour of the severed parcel. A new entrance from Boon Lane is proposed to accommodate future development on the severed lot. KFL&A Public Health and CRCA had no objections. Fran Willis provided comments on behalf of herself and her husband expressing support for this application. Michael Laframboise spoke to the application and noted that there was an error in Frontenac maps and the size of the proposed lot is closer to 6 acres than 5.4 acres. RESOLUTION: Moved by:

C of A: 18:09:13

Brad Barbeau

Seconded by: Larry Redden

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-78-18P by Steven and Sally VanLuven (agent: Laframboise) for the creation of one new lot at Part Lot 7, Concession 5, District of Portland, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-78-18-L Sally Gordon VanLuven Concession 5, Part Lot 7, 2496 Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new residential waterfront lot together with a rightof-way Date of Hearing: September 13, 2018 Date of Decision: September 13, 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

14 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-78-18-L shall be for the creation of a 5.4 +/- acre residential waterfront lot with 91 metres of frontage on Sydenham Lake and a minimum of 76 metres of frontage on Boon Lane. 3. The land to be severed by Consent Application S-78-18-L shall be accessed via a right-of-way over the existing Sheila Lane and Boon Lane. This right-of-way shall be surveyed and registered on title of both the severed and retained parcels. 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-78-18-L, in lieu of parkland [Planning Act, s. 51(1)]. A Letter of Opinion from a qualified real estate professional on the land value of the parcel to be severed shall accompany the parkland payment. 7. Prior to the stamping of the deeds for the land to be severed by Consent Application S-78-18-L, the applicant shall rezone the severed parcel from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please contact the Township Planning Department to begin this process. 8. The applicant shall enter into a Development Agreement to be registered on title of the severed parcel, which addresses the Townships environmental policies and recognizes the limited services on private lanes.

Item #15: S-79-18-L (Clark Family) Speaking to the Application: none Discussion: An application for consent has been received for the creation of one new rural residential lot, from an existing property at Part Lot 4, Concession 3, District of Loughborough, known municipally as 2901 Campbell Road (see attached map). The existing lot has frontage on Campbell Road and Stagecoach Road and is approximately 119 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings, with the remainder mostly pastureland. The applicant is proposing to sever approximately 15 acres from the existing 119 acre property in order to create one new rural residential lot. S-78-18-L Consent application S-78-18-L is for the creation of a rural residential lot. The proposed new lot would have approximately 274 metres of frontage along Campbell Road and would be approximately 15 acres in size. The proposed lot is currently vacant. A new entrance from Campbell Road is proposed to accommodate future development on the severed lot. Public Works and KFL&A had no objections to the application. No comments further comments were received at the public hearing on this application.

RESOLUTION: Moved by:

C of A: 18:09:14

David Hahn

Seconded by: Brad Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-79-18L by the Clark family for the creation of one new lot at Part Lot 3, Concession 4, District of Loughborough, Township of South Frontenac. Carried

15

Application No: Owner: Location of Property:

S-79-18-L Roland Clark, Stephen Clark, Emmett Williams, Leann Clark Concession 4, Part Lot 3, 2901 Campbell Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new rural residential lot Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-79-18-L shall be for the creation of a 15 +/- acre rural residential lot with approximately 274 metres of frontage on Campbell 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 SecretaryTreasurer 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 SecretaryTreasurer 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-79-18-L, in lieu of parkland [Planning Act, s. 51(1)]. A Letter of Opinion from a qualified real estate professional on the land value of the parcel to be severed shall accompany the parkland payment.
  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-79-18-L.

16

Item #16: S-81-18-L (Sally VanLuven and Simpson) Speaking to the Application: none Discussion: An application for consent has been received for the creation of a lot addition, from an existing property at Part Lot 7, Concession 5, District of Loughborough, known municipally as 2496 Rutledge Road (see attached map). The subject property has frontage on Rutledge Road and Sydenham Lake and is approximately 70 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings near to Rutledge Road, with the remainder mostly naturally vegetated. The applicant is proposing to sever approximately 3.2 +/- acres from the existing 70 acre property in order to create a lot addition, together with a right-of-way over Sheila Lane and Carslake Lane for access. The subject property includes Sheila Lane, Sally Lane, Boon Lane, Carslake Lane, Fred Lane and Sparrow Ridge Lane, all private roads, which serve as access to more than 20 waterfront cottage properties. The proposed lot addition parcel would has approximately 164 metres of frontage along Carslake Lane and would be approximately 3.2 acres in size. The proposed lot addition has no frontage on Sydenham Lake and is currently vacant. The lot addition parcel would have to be rezoned from Rural (RU) to Limited Service Residential Waterfront (RLSW) as a condition of provisional consent. Fran Willis provided comments on behalf of herself and her husband expressing support for this application. Committee member Barbeau inquired about $100 cash in lieu of parkland condition was consistent. M. Rueckwald advised that for a lot addition $100 cash in lieu is a condition that is consistently applied. RESOLUTION: Moved by:

C of A: 18:09:15

Brad Barbeau

Seconded by: David Hahn

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-81-18L by Sally VanLuven (Agent – Simpson) for the creation of a lot addition at Part Lot 3, Concession 4, District of Loughborough, Township of South Frontenac. Carried Application No: Owner: Location of Property:

S-81-18-L Sally VanLuven Concession 4, Part Lot 3, 2901 Campbell Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition, together with a right-of-way Date of Hearing: September 13, 2018 Date of Decision: September 13, 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-81-18-L shall be for the creation of a 3.2 +/- acre lot addition only to 1080 Carslake Lane (PIN 362790629).
  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.

17

  1. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
  2. Prior to the stamping of the deeds the applicant shall rezone the lot addition parcel from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township’s planning department to begin this process.

Item #17: S-82-18-S (Desrochers) Speaking to the Application: George Desrochers Discussion: An application for consent has been received for the creation of one new lot from an existing property at Part Lot 13 and 14, Concession 10, Geographic Township of Storrington, Township of South Frontenac. The existing lot has frontage along Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is to sever approximately 75 acres of land with 345 metres of frontage along Ramparts Road and convey these lands to the Nature Conservancy of Canada for conservation of the existing area. The retained lands will be approximately 88 acres in area with 165 metres of frontage along Battersea Road. The applicant previously applied for a lot addition to facilitate the transfer of the lands to a neighbouring property and convey 75 acres of land to the Nature Conservancy of Canada under Consent Application S-1117-S. Due to an error in the order of the stamping of the deeds and timelines for provisional consent the applicant was unable to fulfill the conditions in the required time. As such, the applicant has reapplied for a consent application; this time, the application is for a severance because the parcel of land that is the benefitting lands has been merged with a neighbouring property. M. Rueckwald explained that there had been an error in the stamping of deeds. The second deed had been stamped prior to the first deed. George Desrochers stated they are working closely with their lawyer to ensure the severance is correctly finalized this time. The Committee of Adjustment agreed to refund fee due to the error in the stamping of deeds for application S82-18-S. RESOLUTION: Moved by:

C of A: 18:09:16

David Hahn

Seconded by: Brad Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby approves application S-82-18S by George Desroches for the creation of one new lot at Part Lot 14, Concession 10, District of Storrington, Township of South Frontenac. Carried

RESOLUTION:

C of A: 18:09:17

Moved by: Brad Barbeau

Seconded by: David Hahn

THAT the South Frontenac Township Committee of Adjustment hereby directs staff to refund the Township application cost for consent application S-82-18-S in the amount of $817.00. Carried Application No: Owner: Location of Property:

S-82-18-S Desrochers Part Lot 13 and 14, Concession 10, Geographic Township of Storrington, Township of South Frontenac. Purpose of Application: Consent to create one new lot to be conveyed to the Nature Conservancy of Canada as part of the Loughborough Wilderness Conservation Lands Date of Decision: September 13, 2018 Date of Decision: September 13, 2018 Decision:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

18

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-82-18-S shall be approximately 75 acres in area for the purposes of conservation.
  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 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.

Item #18: MV-18-18-B Speaking to the Application: None Discussion: No report had been submitted for application MV-18-18-B in advance of the public hearing as Planning was waiting for comments from the conservation authority on this application. M. Rueckwald explained that staff received comments from the conservation authority on September 13th, but did not have sufficient time to evaluate them to bring a recommendation to Committee at the September 13th meeting. Committee members discussed that there was a history to this application. It was noted that there was no discussion when the building permit was issued that it was the applicant’s intention to keep the original cottage. M. Rueckwald explained that the applicants had taken a demolition permit to remove the original cottage on the property at the time they were constructing a new cottage on the property, as well as a permit to relocated the structure outside the 30m setback. The new cottage is

19 outside the 30m setback. The applicants are now seeking a minor variance to recognize the existing cottage within the 30m setback in order to maintain the original cottage on the property. This application will come forward at the October 11, 2018 meeting of the Committee of Adjustment. RESOLUTION: Moved by:

C of A: 18:09:18

David Hahn

Seconded by: Brad Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby defers minor variance application MV-18-18-B by Eric and Cheryl Freedman, to permit the applicant to review comments from the Conservation Authority prior to the Committee of Adjustment making a decision for the property located at Part Lot 3, Concession 12, District of Bedford, Township of South Frontenac. Carried

Item #19: Other Business A member of the public, Paul Snelgrove, requested to speak to the Committee. Committee granted the request. Mr. Snelgrove expressed his thanks for the excellent work that Megan Rueckwald, Interim Planner, had done stepping in to deliver planner services with the Township of South Frontenac over the past month.

Item #20: Adjournment RESOLUTION: Moved by: Brad Barbeau

C of A: 18:09:19 Seconded by: David Hahn

THAT the September 13, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:17 p.m. to reconvene at 7:00 p.m. on Thursday, October 11, 2018 or at the call of the Chair. Carried

Alan Revill Chair

Megan Rueckwald Secretary-Treasurer

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