Published August 8, 2019

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: August 8, 2019 Collection: Council Agendas Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:

7:00 PM, Thursday, August 8, 2019 Council Chambers.

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – July 11, 2019

New Consent Applications:

S-13-19-L (Babcook) Location: Part Lot 4, Concession 6, District of Loughborough, Township

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of South Frontenac, municipally known as 2833 Freeman Road.

Purpose of Application: Consent for conveyance of a lot addition consisting of approximately 2.23 hectares (5.5 acres) with approximately 45.72 metres (150 feet) of frontage along Freeman Road to be merged with the property addressed as 2799 Freeman Road which contains an existing residential dwelling. The retained lot, consists of approximately 17.6 hectares (43.5 acres) and approximately 20.12 metres (66 feet) of frontage along Freeman Road and contains an existing residential dwelling and barn. b)

S-14-19-B (Bandler) Location: Part Lot 6, Concession 5, Parts 1-3 on Plan 13R-21341 & Part 1 on Plan 13R21687, District of Bedford, Township of South Frontenac, municipally known as 1125 James Wilson Road, Canoe Lake. Purpose of Application: Consent for the creation of a right-of-way consisting of a width of 60 feet (18.29 metres) by 300 feet (91.44 metres) with an area of approximately 0.7 acres (0.28 ha). The location of the new right-of-way will be along the southern interior lot line in the location of the closed road allowance.

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New Minor Variance Applications:

MV-11-19-B (Kimmett) Location: Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake. Purpose of Application: To alter and enlarge a building or structure located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland, said building is located at 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.10.2, Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35).

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MV-21-19-P (Thompson) Location: Part Lot 1, Concession 14, being Part 1 on Plan 13R9142, District of Portland, Township of South Frontenac, municipally known as 3318 Desert Lake Road, Desert Lake. Purpose of Application: To reduce the waterbody setback from 30

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metres (98.4 feet) to 1.8 metres (5.9 feet) to permit a deck with cover located at the waterfront on the subject property. The applicant is seeking relief from Section 5.8.2 a. Flooding and Shoreline Erosion Hazards and Section 8.3.3 Waterfront Residential (RW) Zone which both require a 30 metre (98.4 feet) setback from the highwater mark. And to reduce the rear yard minimum setback from 3 metres (9.8 feet) to 1.8 metres (5.9 feet), the applicant is seeking relief from section 8.3.2 For Accessory Buildings not Attached to the Principal Building which requires a setback of 3 metres (9.8 feet). c)

MV-22-19-L (Spafford) Location: Part Lot 13, Concession 4, being Part 1 on Plan 13R7065, municipally known as 1666 Keeley Road, District of Loughborough, Township of South Frontenac Purpose of Application: The applicant is seeking relief from Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit an accessory building, being a detached garage, in the front yard of a property that contains an existing single detached dwelling and shed located in the Rural (RU) Zone.

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MV-23-19-S (Hassefrass) Location: Part Lots 12 & 13, Concession 8, Lot 28 Plan 1782, municipally known as 3855 Hideaway Lane, Dog Lake, District of Storrington, Township of South Frontenac. Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 ft) to 20.42 metres (67 ft) to permit the construction of a new two storey cottage with enclosed porch and attached garage. The applicant is seeking relief from Section 5.8.2a Flooding and Shoreline Erosion Hazards and Section 10.3.1 of the Limited Service Residential – Waterfront (RLSW) Zone which requires a 30 metre setback from the highwater mark. Relief from Section 5.8.4 is required for a natural vegetative buffer to be maintained within 30 metres (8.4 ft.) of the highwater mark in order of accommodating for the construction of a driveway.

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MV-24-19-P (Solymar) Location: Part Lots 5 & 6, Concession 13, being Part 2 on Plan 13R21492, municipally known as Hinchinbrooke Road North, Howes Lake, District of Portland, Township of South Frontenac. Purpose of Application: The applicant is seeking relief from Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit an accessory building, being a detached garage, in the front yard of a waterfront property that contains an existing dwelling located in the Rural (RU) Zone.

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MV-25-19-B (Atkinson & Smith) Location: Part Lot 4, Concession 13, Being Part 1 on Plan 13R20032, municipally known as 467 MacComish Lane, Buck Lake, District of Bedford, Township of South Frontenac Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 ft) to 15.24 metres (50 ft) to permit the construction of a 384 ft2 addition at the west side of the one storey cottage with deck. The applicant is seeking relief from Section 5.8.2a Flooding and Shoreline Erosion Hazards and Section 10.3.1 of the Limited Service Residential – Waterfront (RLSW) Zone which requires a 30 metre setback from the highwater mark and section 5.10.2 which does not allow for enlargement of the gross floor area of an existing building with 30 metres (98.4 feet) of a waterbody or watercourse.

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MV-26-19-S (Mercer) Location: Part Lot 4, Concession 10, being Part 13 on Plan

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13R3744, municipally known as 4833B Alex McLean Lane, District of Storrington, Township of South Frontenac. Purpose of Application: The applicant is seeking relief from Section 5.24.1 and Section 10.3.2. of the Township of South Frontenac Zoning By-law to permit an accessory building, being a detached garage, to exceed the lot coverage of the principal building and to exceed the maximum permitted height of 6 metres for a property that contains a seasonal dwelling located in the Limited Service Residential Waterfront (RLSW) Zone. 7.

Other Business

Adjournment

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

July 31, 2019

Application Nos: Owner: Location of Property:

S-13-19-L Dale & Rhonda Babcook Part Lot 4, Concession 6, District of Loughborough, Township of South Frontenac, municipally known as 2833 Freeman Road Purpose of Application: Consent for a lot addition Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee approve application S-13-19-L for the consent for a lot addition to Part Lot 4, Concession 6, Part 1 RP13R5440 District of Loughborough, Township of South Frontenac, municipally known as 2799 Freeman Road, subject to conditions.

Proposal An application for consent has been received for the conveyance of a lot addition from an existing farm property at Part Lot 4, Concession 6, being PIN 36275-0029, District of Loughborough, Township of South Frontenac, municipally known as 2833 Freeman Road, located at the south side of Freeman Road (see attached map). The existing lot has approximately 216 feet (65.84 metres) of frontage on Freeman Road consists of 49 acres (19.83 ha) and contains an existing residential dwelling, barn and accessory buildings on the property. The applicant is proposing to convey approximately 5.5 acres (2.23 ha) of vacant rural land with 150 feet (45.72 metres) of frontage along Freeman Road to enlarge an existing rural residential lot at 2799 Freeman Road. The retained lot will be approximately 43.5 acres (13.25 ha) with approximately 20.1 metres (66 feet) of frontage and will contain the existing residential dwelling, barn and accessory buildings. The property is a mix of agricultural lands with portions of wooded areas to the south of the existing dwelling, barn and accessory buildings. The existing structures are set back from the road and are screened with a surrounding row of trees. The Babcook’s purchased the property at 2833 Freeman Road in 2000 and at that time the property had reached the maximum permitted severance potential. S-13-19-L Consent application S-13-19-L is for the conveyance of approximately 5.5 acres (2.23 ha) of vacant rural land with 150 feet (45.72 metres) of frontage along Freeman Road to a developed rural residential property to the west being Part Lot 4, Concession 6, Part 1 on Plan 13R5440, being all of PIN 36275-0032, District of Loughborough, Township of South Frontenac municipally known as 2799 Freeman Road which lands contain an existing residential dwelling and accessory building. The severed lands will be merged with the existing residential property and will increase in area from 1.39 acres (0.56 ha) to approximately 6.89 acres (2.79 ha). The frontage of the lot will increase from 196.85 feet (60 metres to approximately 346.85 feet (105.72 metres) along Freeman Road. The lands to be severed are vacant agricultural lands that contain a border of existing trees along the property lines. Zoning By-law Amendment Application Z-19-09-L is being processed concurrently and will rezone the property at 2799 Freeman Road to recognize that no further division of the lands will be permitted in the site specific RU Zone. Retained Lot The retained lot will consist of approximately 43.5 acres (13.25 ha) with approximately 20.1 metres (66 feet) of frontage along Freeman Road and will contain an existing dwelling, barn and accessory buildings. The property contains areas that are wooded to the east of the existing dwelling with some existing wetlands to the south of the residence. A Zoning By-law Amendment Application Z-19-09-L will address the reduced lot frontage requirement from 76 metres to 20.1 metres.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Consistent with Provincial Policy Statement, 2014: Current Official Plan Designation: Application conforms with Official Plan, 2003: Current Zoning: Complies with Zoning Bylaw 2003-75:

Yes Rural Yes Rural No (Application Z-19-09-L is being processed concurrently to address the reduced lot frontage)

Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1.1.5 of the PPS permits limited residential development. It requires development be compatible with the rural landscape and can be sustained by rural service levels. Development shall be appropriate to the infrastructure planned or available. The parcel being enlarged is currently undersized. The lot addition will increase the lot area to exceed minimum zone provisions. The retained parcel and parcel in receipt of the lot addition exceeds the minimum zone provisions of the Rural (RU) Zone. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. No additional consent applications are permitted for the subject lands under the existing Official Plan. A lot addition will be enlarging the existing property at 2799 Freeman Road. No further development is proposed for the lands to be enlarged at 2799 Freeman Road or the retained lands at 2833 Freeman Road. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The proposed consent application will increase the size of the benefitting lands to exceed the lot requirements for the existing single family dwelling. The retained lands will maintain the existing residential dwelling, barn and accessory buildings with no further development proposed. Township of South Frontenac Official Plan, 2003 The subject property and benefitting lands are designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. The lot addition application does not count towards the creation of a new residential lot as there is no increase in development. A maximum of three rural residential severances were previously approved from the existing lot as of the date of adoption of the Official Plan. No further consent applications would be permitted from the retained lands as the property is deficient in road frontage. Township of South Frontenac Zoning Bylaw

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The subject property is zoned Rural (RU) in the Township Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agricultural and residential. The severed and retained lands will remain in a site specific Rural Zone. The consent application will increase the size of the benefitting lands at 2799 Freeman Road and will contain approximately 346.85 feet (105.72 metres) of frontage along Freeman Road and an area of approximately 6.89 acres (2.79 ha) that exceeds the required lot frontage of 76 metres (250 feet) and the minimum required lot area of 8000 m2 (2 acres) in the Rural (RU) Zone. The retained lands exceed the required lot area as the property will consist of 43.5 acres (13.25 ha) but will not comply with the zoning provisions for the required lot frontage as the lot will be reduced to 66 feet (20.1 metres) which is required to be 76 metres (250 feet) in the Rural (RU) Zone. Application Z-19-09-L is being processed concurrently to address the reduced lot frontage of the property at 2833 Freeman Road and that there shall be no further severances permitted for the property at 2799 Freeman Road.

Agency Analysis and Comments Public Services Department – The application was not required to be circulated to Public Services as the existing entrances will be maintained at 2799 and 2833 Freeman Road. KFL&A Public Health – The application was not required to be circulated to the Health Unit as the properties will not be changing the septic systems. Cataraqui Region Conservation Authority – The application was not circulated to the Conservation Authority as the property does not contain natural heritage or hazard features that warrant review. Public Comments – No comments have been received from the public to date. A site visit was completed by planning staff on July 26, 2019.

Conclusion The consent application conforms with the PPS, County Official Plan and South Frontenac Official Plan. The applicant has submitted a Zoning By-law Amendment Application Z-19-09-L to address the deficiency in the road frontage for 2833 Freeman Road and that no further severances shall be permitted for 2799 Freeman Road. The application is subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions and the Certificate of Official is stamped within one year. The application is valid for two years from the date the decision and the deed must be registered within two years of the issuance of the certificate of official. Severed Lands
The land to be severed by Consent Application S-13-19-L shall be for a lot addition with an area of approximately 5.5 +/- acre to be conveyed only to 2799 Freeman Road (Roll no. 102904002000709)
The lands to be severed are for the purpose of a lot addition only to the adjacent lands described as Part Lot 4, Concession 6 being Part 1 on Plan 13R5440 (PIN 36275-0032), municipally described as 2799 Freeman Road, Sydenham and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further Page 6 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Survey/Reference Plan or Registerable Description 4. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official 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 date of Decision [Planning Act, ss. 53(17) and 53(24)]. 5. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 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. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 8. 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. 9. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. 10. Prior to the stamping of the deeds, the applicant shall rezone the retained lands from Rural to a site specific Rural Zone to recognize the reduced frontage and to rezone the benefitting lands from Rural to a site specific Rural Zone to ensure that the enlarged property at 2799 Freeman Road shall not be severed in the future. Please see the Township’s Planning Department to begin this process. Page 7 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Babcook property. Site Visit: July 26, 2019

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FREEMAN ROAD

BEDFORD ROAD

Inset Map

Bennefitting Lot FREEMAN ROAD

ALTON ROAD E

BABCOCK S-13-19-L 2833 FREEMAN RD

Legend

Proposed Severance

Babcock Property Proposed Severance Parcel Fabric River / Stream Provincially Significant Wetlands Wetland

Retained Parcel

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

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Scale 1:4,500

100

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Meters UTM Projection NAD 83

200

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: Application No: Owner: Location of Property:

July 25, 2019 S-14-19-B Andrew Bandler & Andrea Sorichetti Part Lot 6, Concession 5, Parts 1-3 on Plan 13R-21341 & Part 1 on Plan 13R21687, District of Bedford, Township of South Frontenac, municipally known as James Wilson Road, Canoe Lake Purpose of Application: Consent for Creation of a Right-of-Way Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-14-19-B for the creation of a right-of-way over property described as Part Lot 6, Concession 5, Parts 1-3 on Plan 13R-21341 & Part 1 on Plan 13R21687, James Wilson Road, to provide legal access for the subject property and the properties to the east and west of the subject lands, subject to conditions.

Proposal An application for consent has been submitted for the creation of a right-of-way over Part Lot 6, Concession 5, Parts 1-3 on Plan 13R-21341 & Part 1 on Plan 13R21687 District of Bedford, municipally known as James Wilson Road (see attached map). The existing lot has access from James Wilson Road and water frontage along Canoe Lake on the north side of the property. The existing right-of-way provides access from James Wilson Road to three waterfront lots and presently follows the existing contours of the land. The existing right-of-way intersects the subject lot midway. The property at the end of the existing right-of-way to the west is developed with a cottage and the property is municipally known as 1125 James Wilson Road. The request of the applicants is to realign the right-of-way along the southern limit of the subject vacant property in the location of the closed road allowance. The proposed right-of-way will consist of a width of 66 feet (20 metres) by 300 feet (91.44 metres) with an area of approximately 0.45 acres (0.18 ha).

Background The subject property and right-of-way was created through consent application S-50-15-B on June 11, 2015 with the previous owner James Campbell for lands on Canoe Lake. The two lots and the right-of-way to the east of the subject property were created at the same time through applications S48-15-B and S-49-15-B in September 2015. The lots are of similar size and water frontage. The property was subject to consent application S-41-17-L in September 2017 for a lot addition consisting of approximately 0.05 acres with approximately 20 feet of frontage on Canoe Lake. The purpose of the application was to provide additional lands to provide the applicants with safe passage to Canoe Lake.

Planning Analysis Consistent with Provincial Policy Statement, 2014: Current Official Plan Designation: Application conforms with Official Plan, 2003: Current Zoning: Complies with Zoning Bylaw 2003-75:

Yes Rural Yes RLS2 Yes

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT private ownership. Section 2.2 Water notes that planning authorities shall protect, improve or restore the quality and quantity. The proposed reconfiguration of the right-of-way will increase the setback from Canoe Lake which will aid in the protection of the quality and quantity of the Lake. The Conservation Authority has noted that there are no known natural hazards within the meaning of Section 3. Protecting Public Health and Safety and no natural heritage features were identified within the meaning as per Section 2.1 Natural Heritage. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. This section permits development on private lanes, subject to meeting Township Standards. Township of South Frontenac Official Plan, 2003 The subject property and the properties to which legal deeded access is being obtained are designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. The proposed right-of-way will provide the vacant property, legal deeded access from James Wilson Road. Development is permitted on existing properties located in the site specific Limited Service Residential (RLS2) Zone in the Township where there is legal access from a private lane. Obtaining a right-of-way to have legal deeded access to the subject lands is consistent with the policies of the Official Plan. The right-of-way will be required to be brought up to Township Standards. Township of South Frontenac Zoning Bylaw The subject property is zoned the site specific Limited Service Residential (RLS2) Zone in the Township of South Frontenac Zoning Bylaw. The intent of the Limited Service Residential (RLS2) Zone is to permit a seasonal dwelling for a property that has frontage on a seasonally maintained public road with frontage on the water. The creation of the right-of-way will provide legal deeded access to the subject property and the lot to the east and west. Planning staff are recommending approval of the right-of-way as the proposal will realign the legal deeded access and will direct traffic at the south side of the property while providing additional privacy and an increased lot area in which to construct the seasonal dwelling and septic system.

Agency Analysis and Comments Public Comments – As of the time of writing the report, no comments have been received from the public in writing. Rideau Valley Conservation Authority – Comments were not required from RVCA as the application is outside the 30 metre setback to the highwater mark of Canoe Lake. KFL&A Public Health – Comments were not required given the nature of the consent application. A site visit was completed on July 26, 2019 by planning staff to review the consent application. Planning staff note that the right-of-way will impact the neighbouring properties to the east and west of the subject property as well as the property on the corner of James Wilson Road and the current right-of-way. The new legal description of the right-of-way will be required to be registered on title of all four properties. The cooperation of all property owners having interest in the right-of-way, current and proposed will be required in order to facilitate the registration of the new right-of-way being proposed. Page 18 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Recommended Conditions Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of decision. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the lands and right-of-way 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 Decision is made [Planning Act, ss. 53(17) and 53(24)].
That the land to be registered as a right-of-way shall be surveyed to a width of 20 metres and the length shown on the survey sketch provided with application S-14-19-B inclusive of all pertinent parts on Plan 13R21341 and shall be in compliance with the Township Road and Lane Standard Cross-Section Policy. Municipal Requirements
The right-of-way shall be constructed to the Township of South Frontenac Road and Lane Standard Cross Section Policy and shall be to the satisfaction of Public Services staff or their agent.
The right-of-way created through consent application S-14-19-B shall be registered in favour of PIN 36251-0619 (vacant lot to the east), PIN 36251-0631 (subject property), PIN 36251-0630 (1125 James Wilson Road) and PIN 36251-0618 (easterly lot abutting James Wilson Road) to provide access to James Wilson Road.
The Applicants shall submit a registered Transfer, Release and Abandonment for the current right-of-way as it will be required to be closed and removed from title from the subject and neighbouring properties (dominant and servient properties) prior to registration of the new right-of-way.
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.
Prior to stamping of the deeds, the applicant shall remove all unlicensed trailers on the property. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 26, 2019 Attachments: Map of Bandler & Sorichetti property.

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Canoe Lake

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Inset Map

BANDLER S-14-19-B

Canoe Lake

Eel Lake

JAMES WILSON RD

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Waterbodies

Current Right of Way (ROW)

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While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale 1:1,250

JA M

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1125 JAMES WILSON RD

Proposed Right of Way (ROW)

RO AD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

5 10

Meters UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – VARIANCE APPLICATION Report Date: Application No: Owner: Location of Property:

August 1, 2019 MV-11-19-B Tony & Michele Kimmett Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake. Purpose of Application: To alter and enlarge a building or structure located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland for a building located 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.8.2 a. from the 30 metre setback from the highwater mark of a Waterbody or Watercourse, Section 5.10.2. Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35). Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-11-19-B to allow the applicant with additional time to work with the KFL&A Public Health to provide information for the Performance Review Application.

Proposal The application for minor variance was submitted for the property located at Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake (see attached map). The request is to raise the existing cottage consisting of 720 ft2 in order of pouring footings and installing foundation walls and to construct a kitchen addition of 288 ft2 to enlarge the existing structure. The applicant is proposing to demolish and replace the existing deck and increase the height of the deck from 3 feet to 4 feet. The existing cottage is located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland. The existing building is located at 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.10.2, Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35). In support of the minor variance application, an Environmental Impact Assessment was prepared and submitted by Reg Genge. The property owners received approval for minor variance MV-23-17-B on May 11, 2017 to permit construction within 30 metres of the setback from the water to raise the existing dwelling a maximum of six feet to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services. No living space is permitted. Staff note that comments have been received from the Rideau Valley Conservation Authority in review of the minor variance application. Comments from KFL&A Public Health are pending at this time. Once the comments have been received, a report will be prepared providing a recommendation in review of the application. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 26, 2019 Attachments: Map of Kimmett property. Page 28 of 177

.9. KFL&A Public Health

July 10,2019

Ms MichelleHannah Secretary-Treasurer Committee of Adjustment PO Box 100 4432 George St., Sydenham, ON KOH2T0

Dear Ms Hannah Re: Tony and Michelle Kimmett Minor Variance MV-11-19B Lot 23/24, Concession 10, Bedford District Township of South Bedford

KFL&A Public Health will need to defer comments with regards to the above~notedminor variance as we require more information. Thank you.

Joanne McGum, C.P.H.I. (C) Public Health Inspector

cc Tony and Michelle Kimmett

Kingston, Frontenac and Lennox 8- Addington

Pub|ic

Health

www.knapn.ca

Sharbul Lake

PO. Box 149

Clayne

613-33645989

Of?ce

‘I130 Elizabeth Slreel Sharbol Lake, Ontario KUH 2P0

Kingston Napanee

613549-1232 6134554-3357

Fax: 613-336-0522 Fax‘ 613-549-7896

Fax‘ 613-409-6267

613-279-2151 | 1-30046747875 Fax: 513-279-3997

Page 29 of 177

f?PLlCATION FOR MINOR VARIANCE

TOWNSHIP OF SOUTH FRONI

j .=’ PlanningA(;t,R

Dgte Received:

991), c. P.13 as amended

FileNo ?V-11-l$8

briri Q r QCi40

?-c:zuts

1 . Name of Owper(s):

?op ,jll I ( r) PLANNING D PAR'

Full Mailing Address

er(s):

Phone number of Owner(s): .

Email Address of Owner(s):

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. Name of Authorized Agent: Full Mailing Address of Authorized Agent:

Phone number of Authorized Agent: Email Address of Authorized Agent: Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Signature(s) of Owner(s)

The description of the subject land: District:

?. Bedford

€ Portland

€ Loughborough

a Storrington

<Q3/;"?q i Name of Road/Sfreef: ‘i,“E-jL(:{ -’? Street Number: ?” 1’ fi r Reference Plan Number: l ,?)‘R ,4 D (o-’-) q Part Number(s):?F’T l J:S “) ea

Concession Number: ‘. (l;

Lot Number:

ROII Number: ’l€J.’ :?->)C% Cw t(,: C ?C’, %C:;J l (>(.,(.,=<H]??,? 3

Page 30 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

The frontage(s), depth and area of the subject land.

Frontage(onwater): %:§3’

Frontage(onroad/lane):CICC

Depth: l p

Area:

(oC’ c?ges

s. The current zoning of the subject land:

,’)(jQs(’.:‘i?icJ (f>?Rt.C(G (? Y

The nature and extent of the relief from the Zoning By-law:

‘?@’??v:6 cy(N(3,<?-V->l<5c?,l? [(:1,iSe

C'*'y ?av'?

‘k-, oC24 ‘rt s,,’-c,A-e( %

Does the subject property front on a municipally maintained road? ORaprivatelymaintainedroad? €Yes €No

KYes

€No

Name of Road/Lane:

lee? “?-ko 9. If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

What are the existing uses of the subject land?

S(LRs8>ossry’l Ctb'6wq(4 11 . Please indicate whether there are any EXISTING buildings or structures on the subject land. (I.e. residence, garage, shed, etc.)

!yi

[No

Page 31 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICAT?ON FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

If the answer to item 11 is yes, for EACH building or structure indicate:

m Type of Structure (E.g. residence)

(2)

!L,

aY>’> S,, SC= " < S ) % cx

lx(g ta ras V ’s - Ce

(4)

(3) a-’:’%.

J,’ it:(3c

Setback from Front Lot Line

(

(2 r’, '

b . ,j. < (”, u

) (. :

Setback from

Rear Lot Line

1 1<

), ), ,i.

Setback from Side Lot Line

Height of Building (Also indicate if it is one story or two story)

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‘) s6D

; ;– a’

.’) -6 “.->

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‘=’-o’

IE’

Dimensions of

<,) .’l(3)

Floor Area

(i,,Z-

;WC-.’

Setback from High Water Mark

(lf applicable)

i +

/r’

tr ‘i!,’. l.;

“-.‘2 ‘(-’

%’+ %.

!L=

1 3.The proposed uses of the subject land:

Se< 5Ex?i cb’- <i0 ‘p,cjC( o.1

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land?

dYi’es

€No

Page 32 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

If the answer to item 14 is yes, for each proposed addition, building or structure indicate:

Setback from

Front Lot Line

Setback from

Rear Lot Line

Setback from Side Lot Line

-p, !J-,..,

,“CA l"i: l =’s-x

(r C=[, /t

Outside Dimensions of

Building/Structure

-fe.p ( x=.<a eczy<’ .

‘, 70

s a)

) ’t<

Q—’

*Th

-:) ‘-’)’:

Height of Building (Also indicate if it is one story or two story)

(4)

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l l.,-. ’ #%,, l ((.i <’> Q ‘,’)-‘rO’ o’% , i, ’ , ,,,

1!.C:+ Y y’-i

Type of Structure (E.g. residence)

(3)

(.,),

(1).

e :l’S [-2- a-

Setback from

High Water Mark (lf applicable)

(h(?’

NOTES: 1 ) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

DoyourplansincludeanyDEMOLITIONofexistingstructures?

3?o

If yes, please provide details: ((.,T?0 f,” (’

! V’% S iJe

=er:m<- (’(.?C-‘QS'5

aSO

s-c-Ak- c=a.,(,3

?4cQ c-’< l O v’> 6

Page 33 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

.gYes

Do your plans include the RAISING of an existing structure?

[]No

If 7es, please prov!de deta!Is: I y ’l,??! <,D’-)Aci-C- e l r’s S *1 ? (” ‘?a’ ( r rcF ?ca’iy5 18. What are the uses of the proposed development? (a) Increase in number of bedrooms

€ Yes

(b) Increase in plumbing fixtures

,Ves

€No

;di

[No

(d) Will the addition or structure encroach on the existing septic system?

€ Yes

.-bo

The date the subject Iand was acquired by the current owner:
The date the existing buildings and structures were constructed on the subject Iands:

<-2(S-v yecr<:> 1-

21 .The Iength of time that the existing uses of the subject land have continued:

,;,:i'3-1-L,<(2.a-x-s T

Indicate whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means:

a % i t ?) (?A a 23. Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means: l?}

‘i

Is storm drainage provided by sewers, ditches, swaIes or by other means? 111 A€

‘)’s Gl::S t.g,-?

Page 34 of 177

rOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent.

a Yes @No 26. If the answer to question 25 is yes, please give the file number of the application and the status of the application.

If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance). ‘?es

€No

t’

If the answer to item 27 is yes, please give the file number of the application and the status of the application.

MV-93-ll'6 29. A SKETCH must be submitted showing the following: i) THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. ii) The boundaries and dimensions of the subject land including the location of any existing and proposed buildings. iii) The location of a reference point……i.e. distance between the subject land and the nearest township lot line or Iandmark such as a bridge or railway crossing. iv)

The Iocation of all abutting (neighbours’) lands.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

**Note: ** The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, IS REQI IIRFD to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

Page 35 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee. The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township, Public Health and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/ApplicanUAgent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application. Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, Iawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate ofl .25% per m0ntM (1 5% per annum) on accounfs overdue more ?5an 30 da7s, The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

Page 36 of 177

TOWNSHIP OF SOUTH FRONTENAC APPLICAT?ON FOR MINOR VAPIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

A Guide to Completing the Minor Variance Form

The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill C. Street Number: Your civic address - if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private Iane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank.

f. Roll No: This is the number beginning with ‘1 029’ which appears on your tax bill. Please take time to look it up before submitting the application.

Frontage, depth, area, acres: All parts of this question must be completed.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance - for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot Iine than the principal building.
Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.
Roads: Municipally maintained roads are looked after by the Township; private roads are Ianes that residents maintain themselves (not private driveways, but lanes that provide access to your property and that are generally shared with others).

Page 37 of 177

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Page 38 of 177

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Page 39 of 177

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General Notes:

These plans were designed in accordance with the requirements of the Ontario Building Code. All dimensions are to be checked on site, prior to construction.

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All dimensions are structural.

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Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Designer before proceeding with any work. Plans are copyrighted - unlawful for use without company’s express and written permission.

?These plans form the basis for permit issuance and deviation from these plans and details? including the ventilation system, heating system, woodstoves, fire? decks, balconies and finished basements, will require a revised drawing and clearance by the build inspection department".

The mechanical and electrical layout is only schema items in plan cannot be placed exactly as shown, infi Designer prior to installation. All mechanical, electrical and plumbing shall conforn O.B.C. and all applicable codes.

-<)?"/haveveviewedandtakevesponsibiljtyfovthedes0gnactivityrelatedtothisplan

Page 40 of 177

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require a revised drawing and clearance by the builc inspectiori department". The mechanical and electrical layout is only schema items in plan cannot be placed exactly as shown, inf Designer prior to installation. All mechanical, electrical and plumbing shall confora O.B.C. and all applicable codes.

<-< “/rs,have veviewed and take respons0b0fiity fov the design activity redated to this plan”

Page 41 of 177

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General Notes:

“These plans form the basis for permit issuance anc

These plans were designed in accordance with the

deviation from these plans and details; including the ventilation system, heating system, woodstoves, fire

requirements of the Ontario Building Code. All dimensions are to be checked on site, prior to construction.

decks, balconies and finished basements, will

All dimensions are structural.

require a revised drawing and clearance by the built

inspection department”.

The mechanical and electrical Iayout is only schem= items in plan cannot be placed exactly as shown, in Designer prior to installation. All mechanical, electrical and plumbing shall confori O.B.C. and all applicable codes.

-’-t’? .,,-<“lhavevevieweiandtakevesponsibilityforfhedes0gnactivityrelatedtothisplan”

Page 42 of 177

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These plans were designed in accordance with the requirements of the Ontario Building Code.

?Ttiese plans form the basis for permit issuance and deviation from these plans and details; including the ventilation system, heating system, woodstoves, fire?

All dimensions are to be checked on site, prior to construction.

decks, balconies and finished basements, will

All dimensions are structural.

require a revised drawing and clearance by the build

Drawings must not be scaled.

inspection department". The mechanical and electrical Iayout is only schema items in plan cannot be placed exactly as shown, inf Designer prior to installation. All mechanical, electrical and plumbing shall conforn O.B.C. and all applicable codes.

General Notes:

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Contractor shall ver:fy and be responsible for all dimensions and minimum code requirements and shall report any

discrepancy to the Designer before proceeding with any work. Plans are copyrighted - unlawful for use without company’s express and written permission.

have veviewed anrJl take respons0bffgify fov the design activity related to this plan Page 43 of 177 ffl

PLAN

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Provideasuitablepost,return,orsolidsupportateachendoftheguard.
Wood for can!ilevered pickets shall be Douglas Fir-Larch, Spruce-Pine-Fir, or Hem-Fir Species.
Fasten rim joist to blocking wa(h 3 - 82 mm (3%") nails.
Dimensions shown are in rnm uriless otherwise specified.
Where 38 mm (2 nominal) thick boards ate used, the length of }he wood screws shall be not less than 76 mm (3). SB-7 Page24

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General Notes:

These plans were designed in accordance with the requirements of the Ontario Building Code. All dimensions are to be checked on site, prior to construction.

“These plans form the basis for permit issuance and deviation from these plans and details; including the ventilation system, heating system, woodstoves, fire? decks, balconies and finished basements, will

All dimensions are structural.

require a revised drawing and clearance by the build

Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any

inspection department”. The mechanical and electrical layout is only schema items in plan cannot be placed exactly as shown, infi

discrepancy to the Designer before proceeding with any work. Plans are copyrighted - unlawful for use without company’s

Designer prior to installation. All mechanical, electrical and plumbing shall conforn O.B.C. and all applicable codes.

express and written permission.

“/ have veviewed ana take vesponsibility for the design activity related to this plan” Page 44 of 177

ge id

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KIMMETT MV-11-19-B 966 LEE RD

Wolfe Lake

Legend

Judy Pond

Kimmett Property Provincially Significant Wetlands Waterbody

Wolfe Lake

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

Page 45 of 177

Scale 1:5,500 0 15 30

120

Meters

UTM Projection NAD 83

QLA

Ontario Lake Assessments

RR#3 Harrowsmith Ontario KOH IV0

& Environmental Education Services

Tel: (613) 376-3863 Fax: (613) 376-6128

RECEIVED May 23, 2019 Tnidy Gravel, Planner Township of South Frontenac 4432 George Street, p.o. Box 100 Sydenham, ON, KOH 2TO

MAY 2 3 2019 TOWNSHIP OF

SOUTH FRON-rFNAC

PLANNING DEPARTMENT

REGARDS: Preliminary EIA, Tony Kimmett MV Application MV-11-19-B; 966 Lee Road, Bedford District,

South Frontenac Township, Wolfe Lake / PSW - Proposed Addition to a Cottage and to Raise the Cottage to Install a Foundation to Create Storage Space

Dear Tmdy Gravel: A Preliminary EIA was conducted for the above site and reported in a letter dated Apri? 6, 2017 and addressed to J. Kapusta, Planning Assistant SFT. The proposal at that time was to raise the existing cottage to create storage space and accommodate utilities. The discussion in that letter under the heading Nahiral Heritage Concerns remains relevant for this application. The 2019 Proposal: The 2019 proposal is to raise (elevate) the existing cottage (24’ x 32’) in order to pour footings and install foundation walls to a height not to exceed l .83m (6 ft). The proposal also includes a l 6’ x 18 ’ addition on the north end that will also include the footings and foundation. The renovation will both level and stabilize the building while creating living space and needed storage space; the number of bedrooms will remain the same; the building at present sits on cement blocks.

The cottage has a deck across the front (on the east side facing Wolfe Lake (see photographs 1, 2 and 3 below). The foundation will not encompass the area under the deck. The deck may be replaced with a new deck. Included in the proposal is backfilling and grading around the foundation wall to bring the grade up to the natural grade evident on the north end of the building. An existing small out building is situated on the northwest side of the cottage. As part of the proposal, there are four h?ees to be removed (marked on the photographs with a red star), one is a maple very close to the gable end on the south side of the cottage and the other is an aspen close behind the building that is being removed as a dangerous and hazardous tree to injury and property damage. Two large trees will also be removed near to the north side where the proposed addition will occur. Natural Heritage Concerns: (See discussion in letter dated April 6, 2017) Potenttal for Impacts and Remedial Measures: There are no long-term environmental impacts expected as a result of this proposal. There is however the potential for disruption of the native soil mantle andfor offsite loss offill material by way of erosion into the lake during the construcaon due to the close proximi0i to the lake and wetland. Appropriate construction soil stabili0i measures must be implemented to prevent this from occurring during cotistruction and afterwards. Excavation materials …2

Page 46 of 177

-2-

removedfrom the foundation area that are surplus to the backfill requirements must be removedfrom the area to the borrow pit area near to the Lee Road entrance. There cannot be any filling of the nearshore area or any other low lying area using the excavated material.

Also the native shoreline buffer of trees adjacent too and in front of the cottage need to be protectedfrom damage by heavy equipment during the construction period. The trees should be flagged and a protective measure put in place so equipment operators avoid damaging these trees.

While not a condition of this Preliminary EIA, serious consideraaon should be given to relocating the dock to the east shoreline in front of the cottage at the site of the present east access location and then replanting the shoreline at the south water access point. It is important wetland habitat and should be left as natural as possible. While this addition will be a further intrusion into the 120 metre zone of influence distance from the PSW and further intrusion into the 30m buffer next to Wolfe Lake, the proposedfootprint of the addition is already culturally impacted and there are no identified habitats for species at risk in the building envelope. The proposal does not include the needforfilling, excavaang, draining or changing the wetland in any manner and therefore the wetland feature and functions will not be compromised. There are no environmental constraints to completing this project. In my opinion, there will not be a need to undertake a full EIA with respect to this proposaL If you have any questions in the above regard, please contact me. Respi

70urS,

7 ,eB aId Genge B.Sc. Ontario Lake Assessments

3654 Stage Coach Road RR#3

HARROWSMITH, Ontario KOH IVO

rgenge(ixplornet.ca 613-376-3863

Copy to: Tony Kimmett RR #4

Napanee, ON K7R 3K9

(Two pages of photographs #l through #3 attached)

Page 47 of 177

Page 48 of 177

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Page 49 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

July 31, 2019

Application No: Owner: Location of Property:

MV-21-19-P Thompson Part Lot 1, Concession 14, being Part 1 on Plan 13R9142, District of Portland, Township of South Frontenac, municipally known as 3318 Desert Lake Road, Desert Lake. Purpose of Application: To reduce the highwater mark setback from Sections 5.8.2a, 8.3.2. and reduce the rear yard setback from Section 8.3.3 of the Township of South Frontenac Zoning By-law to permit a covered deck to be located at the waterfront of the subject property located in the Waterfront Residential (RW) Zone. Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment deny minor variance application MV-20-19-P for the reduction of the waterbody setback from 30 metres to 1.8 metres (5.9 feet) to recognize a covered deck constructed without a building permit at 3318 Desert Lake Road, Desert Lake. The application, as presented, does not meet the intent and purpose of the Official Plan, does not meet the intent and purpose of the Zoning By-law, is not desirable for the lands, and is not minor.

Proposal An application for minor variance has been submitted to recognize the construction of a covered deck that was located within the 30 metre setback of the highwater mark of Thirteen Island Lake and within the rear yard setback of a property addressed as 3318 Desert Lake Road. The existing cottage is located to the south of the waterfront on an elevated area closer to Desert Lake Road. The property is elevated along Desert Lake Road with a significant drop to the rear of the dwelling and is relatively level towards the waterfront. The applicant had noted that they purchased the property in August 2018. The property has an existing driveway to the residential dwelling from Desert Lake Road. Based upon a site inspection, it appears that the applicants had constructed a driveway from Hamilton Lane to the south to provide access to the waterfront. The owner constructed the covered deck that is attached to the dock prior to receiving approval for a minor variance, approval for a building permit and approval from Quinte Conservation. Staff at Quinte Conservation notified staff in the Building Department of the structure located at the waterfront on the property at 3318 Desert Lake Road. Building staff advised the applicant of the requirements of the municipality given that a building permit had not been issued for the structure. The applicants did not attend a pre-consultation meeting with staff in the Planning Department. A minor variance application was submitted to the Township on July 9, 2019 to permit the covered deck in the dimensions of 16 feet by 27.58 feet to be located within the 30 metre setback at 1.8 metres (5.9 feet) from the highwater mark. The applicants are seeking relief from the Zoning Bylaw to vary Section 8.3.3 Waterfront Residential – Zone Regulations and Section 5.8.2 a. Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark. The covered deck has been constructed 1.8 metres (5.9 feet) from the highwater mark of Thirteen Island Lake. The variance includes relief to Section 8.3.2, For Accessory Buildings not Attached to the Principal Building which requires a setback of 3 metres (9.8 feet) for the covered deck which has been located 1.8 metres (5.9 feet) from the waterfront which is determined to be the rear yard. A minor variance is required to permit a deck within 30 metres of the highwater mark of Thirteen Island Lake and to reduce the rear yard setback:

Section 5.8.2 a.: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. Requested variance from this section: Page 50 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT a. Constructed covered deck: 1.8 metres (5.9 feet) from the highwater mark of Thirteen Island Lake (variance of 28.2 metres) 2. Section 8.3.2: For Accessory Buildings Not Attached to the Principal Building, the minimum required setback from the rear yard shall be 3.0 metres (9.8 ft) for properties zoned Waterfront Residential (RW) Zone: Requested variance from this section: a. Constructed covered deck: 1.8 metres (5.9 feet) from the highwater mark of Thirteen Island Lake (variance of 1.2 metres) 3. Section 8.3.3: The required setback from the highwater mark shall be 30.0 metres (98.4 ft) for properties zoned Waterfront Residential (RW) Zone: Requested variance from this section: a. Constructed covered deck: 1.8 metres (5.9 feet) from the highwater mark of Thirteen Island Lake (variance of 28.2metres) Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor? It is important to note that to consider an application for a minor variance, the proposal must meet all four tests for planning staff to recommend approval. Further, all planning matters shall be consistent with the Provincial Policy Statement, 2014.

Background Part Lot 1, Concession 14, being Part 1 on Plan 13R9142, District of Portland, Township of South Frontenac, municipally known as 3318 Desert Lake Road, Desert Lake. The subject lands are located at the south shore of Thirteen Island Lake and are accessed by Desert Lake Road. Hamilton Lane is located along the south side of the property. The waterfront to the southwest of the dock consist of marshlands. The property contains an existing residential dwelling and shed closer to Desert Lake Road and a shed closer to the waterfront. The property contains an existing septic system and well closer to the residential dwelling. The lot area is approximately 22.82 acres (8.9ha) with approximately 360 feet (110 metres) of frontage along Desert Lake Road with an approximate depth of 999 feet (304 metres) with approximately 1,270 feet (387 metres) of water frontage on Thirteen Island Lake.

Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development in rural lands, including resource-based recreational uses, in Ontario Page 51 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Section 2.1 Natural Heritage protects features including Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within these areas and an Environmental Impact Study was not requested or required. Section 2.2 Water states that planning authorities shall protect, improve or restore the quality and quantity of water by: using the watershed as the ecologically meaningful scale for integrated and long-term planning, minimizing negative impacts and ensuring stormwater management practices minimize stormwater volumes and contaminants loads , and maintain or increase the extent of vegetative and pervious surfaces. The covered deck located on concrete piers is not consistent with the Provincial Policy Statement, 2014. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. Conservation Authorities have been delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally, the policies of the PPS direct development away from areas of natural hazards where there is risk to public health or of property damage. Staff at Quinte Conservation inspected the property and surveyed and flagged the location of the 1:100 year flood plain and have identified that the structure is located within the flood plain of Thirteen Island Lake. As a result, the application as presented is not consistent with Section 3.1 of the PPS as development has been located within hazardous lands adjacent to an inland lake which is impacted by flood or erosion hazards. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The Rural designation is intended to guide rural type development while at the same time protecting the rural character, heritage and natural resources of the County. The designation is intended to manage growth in an environmentally and fiscally responsible manner. Section 7.1 Natural Environment notes that the County of Frontenac natural heritage system is defined as an ecologically based delineation of nature and natural function – a system of connected, or to be connected, green and natural areas that provide ecological functions over a long period of time and enable movement of species. A natural heritage system also supports natural process which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. The constructed covered deck, setback 1.8 metres to the highwater mark, does not meet the intent of the Rural and Natural Environment policies of the County of Frontenac Official Plan. The structure has been placed within the 1:100 year flood plain of Thirteen Island Lake. The deck will interfere with the natural environment along the shoreline of Thirteen Island Lake. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As per Section 4.1 Natural Heritage Goal, the objectives include the approach to planning decisions on an ecosystem basis, an approach that recognizes the interconnection of all living organisms, Page 52 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT including humans, to their environment and to each other, to ensure that no net loss of environmental quality occurs. The objective is to encourage the re-establishment of natural vegetation along shorelines and the upgrading of existing development around waterbodies, especially older sewage disposal systems which may be adversely affecting water quality. The constructed covered deck does not meet the intent of the policies of the Natural Heritage Goals in the Official Plan. Township of South Frontenac Zoning Bylaw The subject property is zoned Waterfront Residential (RW) Zone in the Township Zoning Bylaw which permits a seasonal or single detached dwelling. The zone provisions require a 30 metre setback from the highwater mark of a waterbody. The intent and purpose of the Township’s Zoning By-law is to prescribe setbacks and provisions that permit development while maintaining water quality protection and aesthetics through the natural vegetative buffer. The covered deck is required to be set back 3 metres (9.8 feet) from the rear yard which is determined to be the waterfront. The structure has been located 1.8 metres (5.9 feet) from the waterfront. The constructed covered deck does not meet the intent of the zoning provisions of the Township’s Zoning By-law. Staff at Quinte Conservation have determined that the structure is located within the location of the 1:100 year flood plain, which is identified as a natural hazard, and cannot issue a permit for the existing structure. Desirable for the Appropriate Development of the Lands In the application submitted, the applicant had indicated that the reason for the minor variance and construction of the covered deck was required for the floating dock ramp and for sheltered recreation. As the covered deck is located in the location of the 1:100 year flood plain, staff at Quinte Conservation cannot issue a permit for the structure. The location of the covered deck is not appropriate at this location. Is the Application Minor? Planning staff are of the opinion that the proposed application is not minor. The covered deck as constructed results in an encroachment towards the waterfront. The waterbody setback is not maximized to the greatest extent possible. Planning staff recognize that the existing dwelling is setback significantly from the waterfront and is located on an elevated area of the lot.

Agency Analysis and Comments KFL&A Public Health – The application was not circulated to Public Health given the nature of the application. Quinte Conservation – Comments received from Quinte Conservation dated July 30, 2019 indicate that upon inspection of the property, staff surveyed and flagged the location of the 1:100 year flood plain and have identified that the structure is located within the flood plain of Thirteen Island Lake. As a result, the application as presented is not consistent with Section 3.1 of the PPS as development has been located within hazardous lands adjacent to an inland lake which is impacted by flood or erosion hazards. The covered deck and ramp structure was constructed without a permit from this office, and in a location located within the flood hazard of the Lake. Staff cannot issue a permit for the already constructed structure. The approval of this application would therefore allow for a covered deck structure and ramp within a natural hazard (flood plain of Thirteen Island Lake) contrary to a Provincial Planning Policy and Quinte Conservation Regulation and Policies. Quinte Conservation cannot issue a permit for development within a flood hazard and as a result, must object to the approval of this application as presented. Public Services – The application was not required to be circulated given the nature of the request. Public Comments – To date comments have been received from two members of the public in support of the covered deck.

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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0179-2019 Municipality:

Township of South Frontenac

Owner:

Glenn and Jennifer Thompson

Location:

3318 Desert Lake Road

Roll #:

1029-080-050-21920-00000

Application Description:

Minor Variance Application File No. MV-21-19-P

Regulated Feature:

Thirteen Island Lake

Part Lot 1, Concession 14

Portland

Reduce the minimum high water mark setback from 30 metres to 1.8 metres, and reduce the minimum rear yard setback from 3 metres to 1.8 metres to allow for an already constructed covered deck

Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally, the policies of the PPS direct development away from areas of natural hazards where there is a risk to public health or of property damage.

Comments:

Upon inspection of the property, staff surveyed and flagged the location of the 1:100 year flood plain and have identified that the structure is located within the flood plain of Thirteen Island Lake. As a result, the application as presented is not consistent with section 3.1 of the PPS as development has been located within hazardous lands adjacent to an inland lake which is impacted by flood and or erosion hazards. Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses The subject lands lie within the regulated area of Thirteen Island Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Development (including construction/site grading/filling/excavation) within 30 metres of the 1:100 year plain would require a permit from Quinte Conservation. The covered deck and ramp structure was constructed without a permit from this office, and in a location located within the flood hazard of the Lake. Staff cannot issue a permit for the already constructed structure. Quinte Conservation Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Policies and Procedures Manual (last updated Aug.2009), Section 6.2.2 Page 1 of 2

Page 55 of 177

does not permit new development within a flood plain hazard. Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable to the subject property as it lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest. Further, an Environmental Impact Study was not provided with the current planning application, and as per Quinte Conservation’s Regulation and Policies we will not be recommending one.

Final Comments:

The approval of this application would therefore allow for a covered deck structure and ramp within a natural hazard (flood plain of Thirteen Island Lake) contrary to Provincial Planning Policy and Quinte Conservation Regulation and Policies. Quinte Conservation cannot issue a permit for development within a flood hazard and as a result, must object to the approval of this application as presented.

July 30, 2019 Date

Sam Carney Planning and Regulations Technician

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

July 25, 2019

Application No: Owner: Location of Property:

MV-22-19-L Spafford Part Lot 13, Concession 4, being Part 1 on Plan 13R7065, municipally known as 1666 Keeley Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit an accessory building, being a detached garage, in the front yard of a property that contains a single detached dwelling and shed located in the Rural (RU) Zone. Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-22-19-L, subject to conditions.

Proposal An application for minor variance has been submitted to permit the construction of a detached garage on a property that contains a single detached residential dwelling and shed at 1666 Keeley Road. Relief is being sought to vary Section 5.24.2 of the Township’s Comprehensive Zoning By-Law to permit an accessory building, which is not part of the main building, to be projected into the front yard for a garage located in the Rural (RU) Zone. The owner is required to obtain a minor variance from the South Frontenac Committee of Adjustment prior to proceeding with the construction of the 1200 ft2 detached garage in the front yard setback approximately 100 feet (30.48 metres) from Keely Road. The definitions in the South Frontenac Comprehensive Zoning By-Law establish the lot line adjacent to Keeley Road as the front lot line. The rear lot line is located to the east of the existing dwelling. In accordance with Section 7 – Rural (RU) Zone of the South Frontenac Comprehensive Zoning By-Law accessory structures are permitted in the rear yard and the interior side yard. On this property, the rear yard would be behind the existing dwelling which contains an existing wooded area. The applicant has requested to build the garage between the house and Keeley Road at the end of an existing driveway. There is an existing hydro line that is located to the north of the house and proposed garage location. As the yard between the house and Keeley Road is considered the front yard, a minor variance is required to permit the garage to project into the front yard for this property.

Background The property is located at Part Lot 13, Concession 4, being Part 1 on Plan 13R7065, municipally known as 1666 Keeley Road, District of Loughborough, Township of South Frontenac (see attached map). The subject lands are located on the east side of Keeley Road and are located south of the Hamlet of Spaffordton. The property is approximately 3 acres (1.2ha) with approximately 300 feet (91.44 metres) of frontage along Keeley Road with a depth of 435 feet (132.59 metres). The property is currently serviced with an existing septic system to the north of the dwelling and well to the west of the home. An existing shed is located to the east of the existing dwelling. The property naturally drains towards the roadway. The existing dwelling was constructed in 1986. The proposed detached garage consisting of 1200ft2 will be constructed to the southeast of the dwelling where an existing laneway is located. No trees are proposed to be removed in order to accommodate the construction of the garage and will be located to the south of the existing hydro lines. The proposed garage will be located at a sufficient distance away from the existing well and septic system. The applicants are seeking relief from the Township of South Frontenac Comprehensive Zoning Bylaw to permit to vary Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit the

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT construction of an accessory building, being a detached garage, in the front yard of a property that contains an existing single detached dwelling located in the Rural (RU) Zone. A minor variance is required to construct a detached garage in the front yard:

Section 5.24.2: Except as otherwise may be specified in this by-law, any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. Where accessory buildings are located behind the main buildings, they shall be located in accordance with the provisions of the particular zone. Requested variance: a. To permit an accessory building which is not part of the main building in the projected front yard of the main building at a setback of 100 feet (30.48 metres) from the front lot line for a property that contains an existing single detached dwelling and shed in the Rural (RU) Zone. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The request is to seek relief from the Zoning By-law to vary Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit the construction of an accessory building, being a detached garage, in the front yard of a property that contains an existing single detached dwelling and shed located in the Rural (RU) Zone. The garage complies with Section 7.3.2 as the garage exceeds all prescribed setbacks and will be located 211 feet (64.3 metres) from the rear yard, approximately 100 feet (30.48 metres) from the northern interior side yard, 170 feet (51.82 metres) from the southern interior lot line. The building height of 19 feet (5.79 metres) complies with the maximum allowable building height of 19.7 feet (6 metres). As per Section 5.24 Accessory Buildings, the accessory building does not exceed five (5) percent of the lot area and meets the provisions of this section. Zoning relief is required for the detached garage to be located in the front yard of the property. Planning staff are supportive of the request for zoning relief to permit an accessory building, which is not part of the main building, to be projected into the front yard of the property.

Agency Analysis and Comments KFL&A Public Health – The application was not circulated to Public Health given the nature of the application. Cataraqui Region Conservation Authority – The Cataraqui Region Conservation Authority are not required to be circulated for review and comment. Public Comments – To date comments have not been received from the public.

Conclusion The proposed application to permit the construction of a detached garage at Part Lot 13, Concession 4, being Part 1 on Plan 13R7065, municipally known as 1666 Keeley Road, District of Loughborough, Township of South Frontenac meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage and Section 3: Protecting Public Health and Safety which then meets the intent of the Official Plan. The Official Plan permits accessory structures on Rural property and the proposed detached garage will occur at a location that will not impact the subject property or any Natural Heritage features. • The Comprehensive Zoning By-Law permits construction of accessory structures on lands zoned Rural and while the accessory building will be in the front yard, it will be located at a greater setback than the permitted minimum setback for the single detached dwelling. The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed detached garage provides an appropriate use contained within the structure and will be constructed in an area which does not require disturbance to the site. • The variance is desirable for the appropriate development of the lands in question as the garage will be constructed in an area where an existing driveway is located and to the south of an existing hydro line. The garage will be setback significantly from Keeley Road and is located a sufficient distance away from the existing well and septic system. The garage will only be visible from the front yard when travelling northbound on Keeley Road and will not be visible from neighbouring properties. • The variance is minor as the proposed construction is not anticipated to impact the character of the property. The proposed structure will not impeding the natural drainage of the land. The proposed garage will be located closest to the existing driveway and no trees are proposed to be removed in order to accommodate the proposed garage.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision.

Minor variance is to permit an accessory building, which is not part of the main building, in the projected front yard of the subject property at a setback of 100 feet (30.48 metres) from the front lot line on a property that contains a single detached dwelling and shed in the Rural (RU) Zone consistent with the drawings submitted with the application (MV-22-19-L).
Minor variance MV-22-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
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. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Site Visit: July 26, 2019 Attachments: Map of Spafford property.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

August 1, 2019

Application No: Owner: Location of Property:

MV-23-19-S Richard & Jacqueline Hassefras Part Lots 12 & 13, Concession 8, Lot 28 Plan 1782, municipally known as 3855 Hideaway Lane, Dog Lake, District of Storrington, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw to reduce the waterbody setback from 30 metres (98.4 ft) to 20.42 metres (67 ft) to vary Section 5.8.4 for a natural vegetative buffer to be maintained within 30 metres (8.4 ft.) of the highwater mark in order of accommodating the construction of a new driveway and new two-storey detached dwelling with attached garage and enclosed porch Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-23-19-S.

Proposal An application for minor variance has been submitted to permit the construction of a new driveway and new two-storey dwelling with attached garage and enclosed porch at Part Lots 12 & 13, Concession 8, Lot 28 Plan 1782, municipally known as 3855 Hideaway Lane, Dog Lake, District of Storrington, Township of South Frontenac (see attached map). The property has frontage on Dog Lake and is accessed by Hideaway Lane, a private lane. The property contains a peninsula that projects into Dog Lake, and the dwelling is proposed to be constructed at the end of the peninsula. A driveway is proposed to be constructed to the dwelling from Hideaway Lane. A new septic system is proposed to be installed southeast of the proposed dwelling and a new well will be located north of the dwelling. The property is relatively flat and the site is constrained in terms of siting the new dwelling due to an existing granite ridge at the end of the peninsula. The applicant is proposing to construct a new two-storey dwelling consisting of 2,160 ft2 (659.37m2) and garage consisting of 572ft2 (53.14m2) at the end of the peninsula and will be located 65 feet (19.8 metres) at the west of the structure and is within the 30 metre setback from the highwater mark. The property contains an existing 160ft2 bunkie at the end of the peninsula along the waterfront. The applicant is seeking relief from Section 5.8.2.a and Section 10.3.1 of the Zoning Bylaw which both require a 30 metre setback from the highwater mark of Dog Lake. The proposed dwelling with attached garage and enclosed porch will be 20.42 metres to the closest point of the highwater mark. The applicant is seeking relief from Section 5.8.4 in order to construct a new driveway that will be within the natural vegetative buffer within 30 metres of the highwater mark. Minor variance is required to permit the construction of a new two-storey dwelling with attached garage and enclosed porch at the north end of the subject property:

Section 5.8.2 a.: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. Requested variance from this section: a. Proposed Two-Storey Dwelling with attached garage and enclosed porch: 67 feet (20.42 metres) from the high water mark of Dog Lake (variance request of 19.8 metres)
Section 10.3.1: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres for properties zoned RLSW. Requested variance from this section: a. Proposed Two-Storey Dwelling with attached garage and enclosed porch: 67 feet (20.42 metres) from the high water mark of Dog Lake (variance request of 19.8 metres)

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Section 5.8.4: Natural vegetative buffers should be maintained within 30 metres (98.4 ft.) of the highwater mark. Requested variance from this section: a. Proposed driveway: will be located within the 30 metre setback of the highwater mark (request varies based on the location of the driveway as per the drawing submitted with the application) Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property is an oversized lot with approximately 2871 feet (875.1 metres) of water frontage along Dog Lake and is approximately 5.7 acres (1.74 ha) in area. The lot is irregularly shaped with a peninsula projecting into Dog Lake that contains an existing 160 ft2 bunkie at the end of the peninsula. The property is a relatively level property with a granite ridge which is located between the proposed septic system and the dwelling and proposed well. The property rises less than two metres above the lake at its highest point. It is mostly in a natural state with a mature tree cover and rock outcroppings near the lakeshore. The new driveway will be approximately 400 metres (1312 feet) in length. The surrounding area contains seasonal dwellings and single detached dwellings located along Hideaway Lane on Dog Lake. Hideaway Lane is accessed from Ormsbee Road.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazard lands. Section 4.1.3 of the Catraqui Region Conservation Authority Environmental Planning Policies (April 2015) document, under “Flooding Hazards”, states that a minimum 15 metres setback between development and the regulatory flood plain is preferred to account for variations in the flood plain elevation within a given reach of a waterbody, changes over time in the anticipated extent of the regulatory flood plain, and situations such as debris jams that may affect flood levels. The policies note that the development may be set back 6 metres from the flood plain where there are no additional, more restrictive requirements. It appears that the proposed new building would just meet the preferred 15 metres setback from the flood plain. RWDRT staff have no concerns with the proposal from a flooding hazards perspective. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.7 (“Limited Service Residential Policies”) include residential development as a permitted use. Lots are to be developed with private water and sanitary sewage disposal. The constraints identified on the lot, prevent the cottage from achieving a greater setback. The existing vegetation conceals the cottage from the waterfront, therefore retaining the character of the waterfront. When reviewing neighbouring properties and those around the lake, planning staff noted that the proposal is consistent with development on Dog Lake. Dog Lake is not identified as an at capacity lake trout lake in the Township. Current Zoning: Limited Service Waterfront Residential The property is zoned Limited Service Waterfront Residential (RLSW) in the Township of South Frontenac Zoning Bylaw. The intent of the RLSW zone is to permit waterfront development with uses restricted to residential and ancillary uses which are accessible on a private lane. A 30 metre setback from the high water mark is required for the construction of all dwellings and structures. With the subject application, development of the site is proposed to increase the functionality of the cottage with the addition of a second-storey, attached garage and enclosed porch. When completing the site visit, planning staff noted that increasing the setback from the highwater mark could not be achieved.

Agency Analysis and Comments KFL&A Public Health – Comments dated August 2, 2019 from the Health Unit indicate that they have no objection to the proposed minor variance. RWDRT & CRCA – Comments dated August 1, 2019 indicate that they have no objection to application MV-23-19-S based on their consideration for hazards, water quality protection policies and natural and cultural heritage. The main interest of the RWDRT are the avoidance of natural hazards associated with the shoreline of Dog Lake (i.e. Flooding), the protection of the water quality of the lake, and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal recognized as a World Heritage River, a National Historic Site and as a UNESCO World Heritage Site. Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the construction new two-storey dwelling with attached garage and enclosed porch and new driveway at Part Lots 12 & 13, Concession 8, Lot 28 Plan 1782, municipally known as 3855 Hideaway Lane, Dog Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed development of the waterfront property is an existing waterfront lot. The constraints and configuration of the lot prevent the structure and driveway from achieving a greater setback.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • The variance conforms to the general intent and purpose of the Zoning By-law as the placement of the new structure with septic system and new driveway is located in an area with the least disturbance to the waterbody setback. • The variance is desirable for the appropriate development of the subject lands as the new dwelling and laneway will maintain a reasonable waterbody setback and maintain the character of the lot. The new dwelling will not be visible from the surrounding properties amd cam be adequately serviced. • The variance is minor because the proposal seeks to site the new dwelling and septic system in an area that will have the least disruption to the property, while also not resulting in the loss of the vegetated buffer and not impacting the character of the waterfront. The application has been reviewed by RWDRT who concluded that the proposal is consistent with Section 2 and Section 3 of the PPS.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Minor variance is for the construction of a new two-storey dwelling with enclosed porch consisting of a total area of 2160 ft2 (200.67m2) and garage consisting of 572ft2 (53.14m2). The proposed dwelling with enclosed porch and attached garage will be 20.42 metres to the closest point of the highwater mark in the Limited Service Waterfront Residential Zone. The proposed driveway will be located within the natural vegetative buffer within 30 metres of the highwater mark.
The applicant is required to enter into a development agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters outlined in the August 1, 2019 letter from the RWDRT and environmental standards of the Township. 

Sediment and erosion controls between the construction area and Dog Lake are to be installed prior to the initiation of the work, remain in place until the site has been allowed to regenerate and the vegetation has been re-established.



All materials from construction (such as demolished materials or excess soil) will be disposed of 30 metres or more from the normal highwater mark of Dog Lake at a proper disposal site.



Portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses made pursuant to Section 28 of the Conservation Authority Act. Development and/or site alteration within 30 metres of a watercourse, waterbody or un-evaluated wetlands, and within 120 metres of a provincially significant wetlands I subject to CRCA permit review and approval under said regulation. Current and future landowners are advised to contact the CRCA prior to considering future development near these areas.



To retain existing natural vegetation at the shoreline and the mature trees surrounding the dwelling.

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 the approval from the Township of South Frontenac.

Page 88 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. Minor variance MV-23-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 26, 2019 Attachments: Map of the Hassefras property.

Page 89 of 177

Page 90 of 177

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Sent by Email

Trudy Gravel, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0

Dear Ms. Gravel: Re:

Application for Minor Variance MV-23-19-S (Hassefras) Part Lots 12 & 13, Concession VIII; Hideaway Lane Storrington District, Township of South Frontenac Watershed: Great Cataraqui River (Dog Lake)

The Rideau Waterway Development Review Team (RWDRT), made up of staff from the Cataraqui Region Conservation Authority (CRCA) and Parks Canada, has reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration. Staff examined the site on August 1, 2019.

The proposal involves the construction of a two-storey dwelling with an enclosed porch and attached garage on an existing lot of record. Construction of a driveway from the lane to the new dwelling is also proposed. To accommodate the new structure and driveway, the variance is requesting relief from provisions of the Comprehensive Zoning By-law to: 0

reduce the minimum setback from the highwater mark of Dog Lake from 30 metres, as required by sections 5.8.2(a) and 10.3.1 of the Zoning By-law, to 20.42 metres. allow an access driveway to be constructed needing relief from section 5.8.4 which requires maintenance of a natural vegetative buffer within 30 metres of the shoreline.

Site Description The property is a long and narrow point of land that extends into Dog Lake from another larger peninsula that contains other waterfront residential lots. The subject lot is accessed from Hideaway Lane which is aligned along the peninsula. A small dwelling currently exists on the subject lot located 15 metres from the lake at its closest point.

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Page 91 of 177 T

Ms. Gravel (MV—23-19-S) August 1, 2019

The lot is approximately 2.3 hectares in size and is irregular in shape with a long and narrow spit of land lum?q??????fll?i????mcdumrplumiqzwmlhjntlunnq??hyj from the lane to a more expansive area at the end where the construction is proposed. Overall, leading I?l[?TmW¢|HlWiun:w.j’num?:lnm£IhlImL:IImq¢r.||§¢q¢¢gp1I:hn-.1 the land has very little relief rising less than two metres above the lake at its highest point. It is mostly ¢’|Il|hI|II||:?rIu’-Ii!-|.’:I:I.i-cl” Iiln?h-.1-‘Irn1I’n.mIl1nI?:Z|]¢uij?,I]:g|Fi:|_?;.;u.-L]. E|I$uIJlH.:rEIm:hn1hu:n’II’n£l1r.nmd.:?n’a’?remIlr’.hd–n in a natural state with a mature tree cover and some rock outcrops near the lakeshore. —

The property is designated ‘Rural’ in the Of?cial Plan and is zoned ‘Limited Service Residential’Ihn’w-‘rrIId-Iwl-nl’Hwu’-nIHEI£dLFhu:hnu-Inu-u.srrun¢p.:¢m.g ‘I’I’l1l-’|l’=l-’| Waterfront (RLSW)’ in the implementing Zoning By-law. Dog l_’-I-J-“5’i’I”|"£I’E|I|I l.‘h;|:.IJ:I|‘I.I’.;“li.:nu’.I’.|.J’E.f_-,-i;.-.u;.=.’_ Lake itself is zoned ‘Enviromnental Protection (EP)’. ‘|“rr.I.I:I’|:I.I.:‘EI:.’_ Discussion The main interests of the RWDRT in this application are the avoidance of natural hazards associated IETFJHEI-’_5fE*H1“’?HT|lEHJ?i5EEI?+uluEun1l£mncfmtmL1£?lI:niqd with the shoreline of Dog Lake (ie., ?ooding), the protection of the water quality of the lake, and the Tlh¢???lh“Mni|iEt?l.?:Hh?I:j=h:HI.d&:IIn’gJlq.‘MfuH?.ud|h _ ::nI.l’I.I:|‘hI rI”|‘I.II _| I–In-II I–nunconservation of ..-.I-..-I the I’ll 1-.-I…-u the :II’Irur.I| cultural -.1 and natural heritage –.-| and -u-.-.-.-.scenic values of Rideau run: Canal recognized as a World Heritage River, a National Historic Site and as a UNESCO World Heritage Site.

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Natural Hazards Flooding: The maximum recorded water level for Dog Lake is 98.95 metres geodetic. This highest recorded water level is used in lieu of an engineered ?ood plain to determine ?ood hazards. ‘5.¢¢|j.u |’=?’?Il1T?-I|fIi|I?HlLUbJH:Lug.mm:d?ant|i.mh?tTuu?aadrq:.u?1 Section |”’?Il’-.-FiE’.’|. 1-I 1 of 4.1.3 the CRCA I.l2|‘r.|‘I.I|.1’J.I’. |":t|:IEnvironmental Planning F".:::’:r.; Policies Ij.u||.|:I1|.’..‘I:’.lj|?n::I’I.l1’.’.|.I.|? (April 2015) document, under ‘Flooding “F|.;q:?;’ [-|.m-?‘I Hazards’, that a minimum 15 metre setback between development and the regulator ?ood plain is preferred states FE?¢?lEd.dn:n|5::t:IEIm’hmI’—1dIdq1I.mId¢¢rg;?.h?;,?pL=gupiTu1 to for variations in the ?ood plain elevation within a given reach of a waterbody, changes over account Thnnrnlinrc?-$mB:in:d?JndnumI11]:nj?-un.i¢r.p¢u?pdTI=LE’.” time in the anticipated extent of the regulatory ?ood plain, and situations such as debris jams that may =?l=E?Eh=¥l-il?l??ri?l?l?-?Zi]DhH?m.lHil.:?nu:‘mIIHh’u|m:¢nnLy ?ood levels. The policies further note that development may be affect -IEI’|‘lnI-ii!-i111I:I’I2|?II1rtrH’nr:i.:’lu.£n-d-.:p-:Iu;g. 5:-::t-.:|:-an:-at:-.*I-r-.:r.g.|1.;n.H: set back 6 metres from the ?ood plain where there are no additional,more restrictive requirements. I’ll-lI’|=lI?’l1ii’??JIII5IILiI2IIH.un1rI:IE|’.rH’r:r:q’:E|’%. In the case of this application, it appears that the proposed new building would just meet the preferred 7|1l|2rb£-Htcrlhhlpp?-:?.im.I|q1:111i?lrI:1’rli1I’u|hiJL1iu -.:q?j?=.;.¢|h_-F.-=|’;.-.-;;| 15 metre setback from the ?ood plain. Therefore,RWDRT sta?’have no concerns with the proposal from a ?ooding hazard perspective. Water Quality the Provincial Policy IJ1.I.I.I.r.I.l.I.I.J.‘I-‘I’.-.l.I.l.lJJ_I.I£.l.1J1 In Statement of 2014, section 2.2.1 states that planning authorities shall protect, “’—:’:-’“I’&H’J improve or the quality restore and quantity of water including that of inland lakes. Accordingly, both the ‘“F*“W|¥*?ElUllEi’?d$-?*l?T’I?’?51JT?1EEfE&I.H.n.&w:ih?y.bdhB: County of Frontenac Of?cial Plan and the Township Of?cial Plan specify that a minimum 30 metre setback for any such development is appropriate. In I=’|3|I-I=Eh==I::-I-I=tI=|-I’-‘Ii-I|=I-I’=|I-?l-I-I:-|:-|1n-I-. implementing the policies of these documents, H:’n.:|:-I:-:-u:Er.;En.:pu5.n::-dtla.-:1.-.:n:u.-cu. section 5.8.2 (a) of the Zoning By-Law for South Frontenac Township states 1:-‘hi that I.IlI2| I’I-Iqum?i; a 30 metre setback I11!!!-33|:l1’=”?‘i3’f?l.[P|[flllT£T=IuJL.=rnd.;1’Jn’n’?q: from the highwater mark is required to be maintained as a buffer in order to protect water quality |:|’?=E|l3l”|I1Jl?l’Hi?1.:i’u?uIbum.$T’.-lh:FE’:m?ul’mpTuni’n.? and [..§£|’:,-In] section 5.8.4 requires that the 30 metre buffer be maintained in a natural state. l?li’fI1"‘r¢III.iI¢IIl1lJl1:J-|:|n:l|‘nb:&‘b:2.:t:I’dhiLnlII n.|:.:.5|.:uI;|mJ[|3|| Section 10.3.1 .].. also requires this setback. FlIi|‘I|‘I|II|:H|IIIr|1I:L

DWDRT staff note that the applicant is proposing the locate the septic system well back from the water’s edge and that the new structure is to be placed as far as possible from the lake given the constraints imposed by the narrow lot of record. Thus, RWDRT staffhave no concerns with the proposal froma water quality perspective.

Page 2 of 3 92 of 177 Page I-…:..ru

Rideau Canal World Heritage River, National Historic Site I-II-I–III-‘I1?-I-I World Heritage Site ‘III III-I and UNESCO As noted above, the Rideau Canal (connected with Dog Lake) has special world heritage signi?cance. I uI?uI’I’-TIJ-I-I-I-I—I–Ixl-I1—Ij—I1uIn’—‘j staff strive to preserve and enhance the cultural, natural and scenic values of this historic RWDRT I1n’I feature so that all Canadians can enjoy this legacy into the future. We attempt to achieve this through the maintenance of a natural shoreline, the preservation and enhancement of vegetation on the property, and development which complements the visual character of the landscape. Similarly, in terms of visual impacts from lakes in general, the Township’s Of?cial Plan, under section 5.2.7 b) (i), emphasizes that the 30 metre setback is also meant to maintain a natural appearance of the shorelines. This setback corresponds with the 30 metre buffer zone surrounding the World Heritage Site, which provides it with an added layer of protection for the waterway’s natural, cultural and scenic values. h—lot located in IE"this instance, I—-H" In “-—‘II—construction of the dwelling on the the bay would result in a structure that would have very little, if no, visual impact on the cultural landscape of the canal. Therefore, RWDRT sta?’have no concerns with the proposal froma visual natural heritage perspective.

R WDRT have no objection to application MV-23-19-S based on our consideration for hazards, water quality protection policies and natural and cultural heritage.

Ontario Regulation 148/06 Portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses made pursuant to section 28 of the Conservation Authorities Act. Development and/or site alteration within 30 metres of a watercourse, waterbody or un-evaluated wetland, and within 120 metres of a provincially signi?cant wetland is subject to CRCA- permit -’|—–‘‘review and under said regulation. Current and future landowners r-rI-I-j-I.–.-l-—-are rI—I I11 H approval 1.-I–Ir advised to contact the CRCA prior to considering future development near these areas.

Please inform this of?ce of any decision made by the Committee with regard to this application. If you have any questions, please -?In’I-III-IIII-IIIJ the undersigned at 613-546-4228 ext. contact ‘WEI — I‘— or by 2 -I 236, In e-mail at 1mills@crca.ca -_-.’__ Yours truly,

Page 93 of 177

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Page 110 of 177

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UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

July 25, 2019

Application No: Owner: Location of Property:

MV-24-19-P Solymar (Agent: James) Concession 13, Part Lot 6, District of Portland, Township of South Frontenac, municipally known as 75 Hinchinbrooke Road North, Howes Lake Purpose of Application: To vary Section 5.24.2 to permit the construction of an accessory building, being a detached garage, in the front yard of a property that contains a single detached dwelling Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-24-19-P.

Proposal An application for minor variance has been submitted to permit the construction of a detached garage located at Part Lot 6, Concession 13, District of Portland, municipally known as 75 Hinchinbrooke Road North, Howes Lake (see attached map). The property has frontage along Howes Lake and is accessed by Hinchinbrooke Road North, a Township road. The property meets the provisions in the Township’s Zoning By-law with regards to area and frontage with an average depth of 90 metres. The applicant is proposing to construct a detached garage, consisting of 320 ft2 on the property in the location where a large oak tree has been removed due to storm damage. The area for the proposed detached garage has been identified on site adjacent to the dwelling. The 1800 ft2 two-storey residential dwelling, with attached deck, is presently being constructed as per the approved drawings from the minor variance application MV-22-18-P. The applicants previously received relief from the Zoning By-law to permit the accessory building to be located closer to the Township road than the main building. Minor variance is required to construct the proposed detached garage:

Section 5.24.2: Any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. Requested variance from this section: a. Proposed detached garage consisting of 320 ft2: Located 52.58 metres from the front lot line, being Hinchinbrooke Road North. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property meets the current provisions in the Township of South Frontenac Zoning By-law with an area of 1 hectare and the required minimum frontage of 91 metres along Howes Lake. The topography of the lot and large bedrock outcroppings have been identified as a constraint to development. There is a steep slope to the lake, with a height of 6 metres. A large oak tree, which was previously identified as being preserved, has been removed due to storm damage. The proposed detached garage is proposed to be constructed in this location. A septic system is being installed outside of the 30 metre setback as per the approval from the KFL&A Public Health. Page 111 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The surrounding area contains a new waterfront residential dwelling to the south along Howes Lake and to the north there is an existing cottage. Rural properties are located along Hinchinbrooke Road North. The applicants applied for a minor variance in November 2018 for the dwelling with attached deck which is presently being constructed as per the approved drawings from the minor variance application MV-22-18-P. At that time the applicants had requested relief for the detached garage in the front yard in an area setback from a large oak tree. The applicants are now requesting to locate the garage to the east of the dwelling closer to the driveway and approximately 3.6 metres from the dwelling in the location where the oak tree has been removed.

Planning Analysis Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. When assessing development on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Quinte Conservation had indicated that they were not required to be circulated as the garage is beyond their regulated area and have no concerns or comments regarding the proposed location of the garage. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. The garage will be located outside of the flood hazard and the application is consistent with Section 3.1 of the PPS. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.4 Rural Residential Policies permit rural residential uses as permitted uses within the designation. Current Zoning: Waterfront Residential (RW) The property is zoned Waterfront Residential in the Township of South Frontenac Zoning By-law. The intent of the RW zone is to permit development with uses restricted to those that are compatible to the waterfront and location along a Township maintained road. Section 5.24.2 of the Township’s Zoning By-law requires that accessory buildings which are not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. The detached garage will be located outside of the 30 metre setback from the highwater mark and will comply with the zoning provisions of an accessory building not attached to the principal building with the exception to the proposed location in the front yard. Given the existing constraints on the property and the location of the driveway, planning staff are supportive of the garage being placed in the front yard. It is planning staff’s understanding that the justification for the location of accessory dwellings “behind” the main dwelling was to ensure the principal dwelling was the structure visible from the Township road. Due to the drop in topography of the subject property from the road to the location of the garage, planning staff are satisfied that the garage will not cause a visual impact as it will hardly be seen from the Township road and is modest in size. A site visit was conducted on July 29, 2019, to observe site characteristics and determine whether the proposed construction is desirable.

Page 112 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Agency Analysis and Comments KFL&A Public Health – The Health Unit is not required to be circulated as the garage is outside the septic location. Quinte Conservation Quinte Conservation indicated that they were not required to be circulated as the garage is beyond their regulated area and have no concerns or comments regarding the proposed location of the garage. Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the construction of a detached garage at Part Lot 5, Concession 13, 75 Hinchinbrooke Road North, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan because the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The detached garage is listed as a permitted use within the Rural designation of the South Frontenac Official Plan. • The variance conforms to the general intent and purpose of the Zoning By-law and maintains a single point of access for both the dwelling and garage resulting in less site disturbance on the property. The detached garage will comply with all other zoning provisions for an accessory detached structure. • The variance is minor as the proposed detached garage will be located 52.58 metres from Hinchinbrooke Road North which is not anticipated to impact neighbours, sightlines or aesthetics due to the topography of the lot.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Minor variance is for the construction of a detached garage that is setback 52.58 metres from the front yard of Hinchinbrooke Road North as per the plans submitted.
Minor variance MV-24-19-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
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. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 29, 2019 Attachments: Map of the Solymar property

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Page 127 of 177

Scale 1:1,900 0 5 10

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

July 29, 2019

Application No: Owner: Location of Property:

MV-25-19-B Andrew Atkinson & Elizabeth Smith Part Lot 4, Concession 13, being Part 1 on Plan 13R20032, District of Bedford, Township of South Frontenac, municipally known as 467 MacComish Lane, Buck Lake Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw to reduce the waterbody setback from 30 metres (98.4 ft) to 15.24 metres (50 ft) from the highwater mark to permit a onestorey addition to an existing cottage Date of Hearing: August 8, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-25-19-B.

Proposal An application for minor variance has been submitted to permit the construction of a one-storey addition to an existing dwelling at Part Lot 4, Concession 13, being Part 1 on Plan 13R20032, District of Bedford, Township of South Frontenac, municipally known as 467 MacComish Lane, Buck Lake (see attached map). The property has frontage on Buck Lake and is accessed by MacComish Lane, a private lane. The property is an existing developed lot that contains an existing one-storey cottage at the south basin of Buck Lake. Buck Lake has been identified by the Ontario Ministry of Natural Resources and Forestry as a cold water lake trout fishery and is “at capacity”. The Ministry recognizes that development on existing lots of records should be done in a way that minimizes impact to the sensitive surface water features such as maintaining a setback that is as far as reasonably possible and minimizing lot coverage. The applicant is proposing to renovate the existing cottage that includes an addition consisting of 384 ft2 (35.67m2) in the dimensions of 16 feet (4.88 m) by 24 feet (7.3 m) to be constructed at the west side of the cottage. The addition will provide additional living space which will include a new bathroom but no increase in the number of bedrooms. The cottage and addition is located within the 30 metre setback to the lake. The project includes the removal of the wrap-around deck towards the waterfront and along the east side of the cottage consisting of 392 ft2 (36.4m2) and the removal of two small additions on the north and sides of the cottage consisting of 62.5 ft2.(5.8m2). The total building footprint to be removed is 454.5 ft2 (42.22m2). Once the construction project has been completed, the total building footprint will be reduced by 70 ft2 (6.5 m2). The applicant is seeking relief from Section 5.8.2.a and Section 10.3.1 of the Zoning Bylaw which both require a 30 metre setback from the highwater mark of Buck Lake. The proposed cottage addition will be 15.24 metres to the closest point of the highwater mark. Minor variance is required to permit the construction of a one-storey addition to an existing one-storey cottage at the west side of the existing cottage:

Section 5.8.2 a.: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. Requested variance from this section: a. Proposed one storey 384 ft2 addition: 50 feet (15.24 metres) from the high water mark of Buck Lake (variance request of 14.76 metres)
Section 10.3.1: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres for properties zoned RLSW. Requested variance from this section: a. Proposed one storey 384 ft2 addition: 50 feet (15.24 metres) from the high water mark of Buck Lake (variance request of 14.76 metres)

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property is a waterfront lot with 96.96 feet (29.55 m) of waterfrontage along Buck Lake and is approximately 0.51 acres (0.21 ha) in area. The property slopes from the north to the south with a level area near the waterfront. The renovation will result in an increase in the setback distance from the lake due to the removal of the wrap around deck. The front of the addition will be setback 15 feet further than the front of the deck that will be removed. There will be no increase in the area of impermeable surface and therefore there will be no increase in any potential nutrients as a result. It was noted that the addition will require the removal of a mature cedar tree that is heavily damaged by pileated woodpeckers as it is a dangerous condition. An existing mature birch tree and mature ash tree will be required to be removed in order to accommodate for the addition. The surrounding area contains existing seasonal dwellings located along the south basin of Buck Lake.

Planning Analysis Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. When assessing development on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands including resource-based recreational uses and Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. An Environmental Impact Study prepared by Reg Genge was submitted in support of this application. The conclusion and recommendation of the EIS indicated that there is no environmental constraint to the proposal proceeding as presented. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. Conservation Authorities have Provincially been delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazard lands. The CRCA have noted that the maximum recorded water level for Buck Lake is 133.16 metres geodetic. The highest recorded water level of Buck Lake is used in lieu of an engineered flood plain. The CRCA Planning Policy requires all development and site alteration to be setback a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on their mapping and site observations, the development proposal complies with this policy. The CRCA have noted that the erosion hazard Page 129 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT limit extends 11 metres inland from the stable toe of slope. The proposed development will be located outside of the erosion hazard limit. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.7 (“Limited Service Residential Policies”) include residential development as a permitted use. Lots are to be developed with private water and sanitary sewage disposal. An approved septic system was installed in 2018. Given the existing size and dimensions of the lot, the addition to the cottage cannot achieve a greater setback. Buck Lake is identified as an at capacity lake trout lake in the Township. An EIS was submitted in support of the minor variance application indicating that there is no environmental constraint to the proposal proceeding as presented. The Ministry of the Environment, Conservation and Parks (MECP) have provided comments in support of the application indicating that they are in agreeance with the proposal if implemented as present and would not result in any increase in impact to the water quality of Buck Lake and support the application for Minor Variance. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the 30 metre setback may be permitted for existing dwellings if it is not physically possible or environmentally desirable to meet the 30 metre setback requirement and that there will be no negative impacts to fish habitat or water quality. New development within the 30 metre water setback will be considered if there is no reasonable alternative for locating the development outside of the water setback, the development is not closer to the water than the existing development and is set back as far as possible from the water and complies with the maximum lot coverage. Section 5.2.8 of the Official Plan requires that development adjacent to a sensitive lake trout lake will be subject to site plan control. Staff at the CRCA recommend that as part of site plan control, that roof runoff will be directed away from the lake and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township and the CRCA. Current Zoning: Limited Service Waterfront Residential (RLSW) Zone The property is zoned Limited Service Waterfront Residential (RLSW) in the Township of South Frontenac Zoning Bylaw. The intent of the RLSW zone is to permit waterfront development with uses restricted to residential and ancillary uses which are accessible on a private lane. A 30 metre setback from the high water mark is required for the construction of all dwellings and structures. With the subject application, redevelopment of the site is proposed to increase the functionality of the cottage with the addition of a one-storey addition and the removal of the existing decking at the waterfront and removal of two small additions. When completing the site visit, planning staff noted that as the site is constrained, increasing the setback from the highwater mark could not be achieved. The proposed addition does not encroach closer to the water than the existing development, is in a reasonable location due to site constraints and complies with the maximum lot coverage provisions in the Zoning By-law for the RLSW Zone.

Agency Analysis and Comments KFL&A Public Health – Comments dated July 30, 2019 indicated that KFL&A Public Health has no objections to the proposed minor variance as the owner has submitted an application under permit BE-15-18. Cataraqui Region Conservation Authority – Comments dated August 2, 2019 from the CRCA indicate that staff have no objection to the approval of application MV-25-19-B based on their consideration for natural hazards, natural heritage, and water quality and quantity protections policies provided that the conditions requested pertaining to the requirement of a development agreement be subject to site plan control to address the water quality and that a permit be obtained from the CRCA under Ontario Regulation 148/06 prior to development taking place. Ministry of the Environment, Conservation and Parks (MECP) – Buck Lake has been identified by the Ontario Ministry of Natural Resources and Forestry as a cold water lake trout fishery; managed for lake trout and is currently classified by the Ministry of the Environment, Conservation and Parks as “at capacity” for development. While this designation does not preclude responsible development on Page 130 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT existing lots of record it should be done in such a way that minimizes surface runoff and hardening of the landscape. The EIS notes that the addition will be setback greater than 15 feet than the front of the deck that will be removed. There will be no increase in impermeable surface area and therefore no increase in any potential nutrient as a result. MECP agrees that the proposal, if implemented as presented; would not result in any increase in impact to the water quality of Buck Lake and support this application for Minor Variance. Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the addition to the existing dwelling at Part Lot 4, Concession 13 being Part 1 on Plan 13R20032, municipally known as 467 MacComish Lane, Buck Lake, District of Bedford, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed addition to the existing cottage at the rural waterfront property will generally maintain the setback of the existing cottage. The constraints on the lot prevent the cottage from achieving a greater setback. An EIS was submitted in support of this development, consistent with requirements of the South Frontenac Official Plan for developing along an at-capacity lake.

• The variance conforms to the general intent and purpose of the Zoning Bylaw as the placement of the one-storey addition maintains the existing waterbody setback and with the removal of the deck, the addition will be set back approximately 15 feet further than the existing deck. Achieving the 30 metre waterbody setback would not be possible as the existing structure is within the 30 metre setback to the highwater mark. The proposed addition does not encroach closer to the high watermark than the existing development, is in a reasonable location due to site constraints and complies with the maximum lot coverage provisions in the Zoning By-law for the RLSW Zone. • The variance is desirable for the appropriate development of the lands in question as the addition of the one-storey addition will increase the usability of the dwelling while maintaining the waterbody setback and character of the lot. There will be a slight decrease to the footprint of the dwelling in the amount of 70 ft2. • The variance is minor because the proposal seeks to maintain the waterbody setback with the one-storey addition, while not impacting the character of the waterfront. The application does not encroach closer to the water than the existing development, is in a reasonable location due to site constraints and the development on the lot complies with the maximum lot coverage provisions in the Zoning By-law.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Minor variance is for the construction of a one-storey addition to the existing cottage consisting of a total area of 384 ft2 (35.67m2) at the west side of the cottage consistent with the drawing submitted with MV-25-19-B. The proposed cottage addition will be 50 feet (15.24 metres) to the closest point of the highwater mark in the Limited Service Waterfront Residential Zone. Portions of the structure identified as removed in MV-25-19-B (removal of the wrap-around deck, 392 ft2 in area and removal of 2 small additions on the north and east side; a total of 454.5 ft2) shall be removed by obtaining a demolition permit from the Township.
The applicant is required to submit a Site Plan Control Application and enter into a site plan control agreement to be registered on the title of the property to the satisfaction of the Township to address the matters outlined in the August 2, 2019 letter from the Cataraqui Region Conservation Authority and requirements of the Township. Page 131 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The CRCA recommend that roof runoff be directed away from the lake, and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township and the CRCA.
The Owner is required to obtain a permit prior to development commencing from the CRCA under Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA.
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 the approval from the Township of South Frontenac.
Minor variance MV-25-19-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 26, 2019 Attachments: Map of the Atkinson property.

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Page 133 of 177

Ms. Gravel (MV-25- 19—B) August 2, 2019 ‘

|‘IHI:I.|H.E’? Hazards Natural _ Buck Lake, |’|‘l’"’|li3-l-|-|’-. The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For ?p|?.’_:Thnnu:un:urmu1:dr:u’.a.’d&H-mi.1:uL]].IiErE1iIFI5l'5= Flooding: ?ood Policy Planning The CRCA plain. TH|33i'5.’|’|F"-lI|‘I|“l|:1”|‘I"I=|’ the highest recorded water level is used in lieu of an engineered |hE_I|;.¢.|:?q.:fdpjII:I’Zn’!Ihudu|run!n:’:::n’:|!un.I1pl:n. .-gtgh-ud]?r—?,¢:¢??]|h.Ihr?iIhhLIth¢I:=mnmuT5n?‘uD1mlh¢r¢?JFZ? all development and site alteration to be setback a minimum of 6 metres from the regulatory requires ?oodplain of a waterbody. Based upon Lidar elevation mapping data and site observations, the development proposal complies with this policy.

_ I

Erosion: The CRCA de?nes the extent of potential erosion hazards to include an allowance for toe erosion (estimated to be 2 metres), a stable slope allowance for till shorelines of 3(h):l(v) (estimated to be 3 metres), plus an equipment access allowance of 6 metres. Therefore, the erosion hazard limit extends 11 metres inland from the stable toe of slope. Staff note that the proposed development will be located outside of the erosion hazard limit. Water Quality ‘EI’-$915913!‘

T’-‘|:|Im|;.,.u recognizes the need to minimize lake impacts by reducing phosphorous inputs, Of?cial Plan The F".||’.rIuI-|;|’.|— maintaining natural appearances. Accordingly, policies have been included that and erosion preventing Ff.-:?;‘g1.??.h3jn?unIinu;??—I1..t?‘Em?y!3uh:uHn’IBEI?I-!‘HH?£ vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such can 1.33-ing?u-j_?1.m?¢??uqqrn-fhm1Jm’IDm?q:u:lu{mlHdbI:I-Iim??fllh depth and soil phosphorus retention. Section 5.2.7 (b)(ii)(3) -t:::n—:I!‘I.q:|I:I.‘IIf.I.tI.IuI.II.I’.‘I:I. as steepness of slope, vegetation cover, soil I1?!2|‘IHI’-liljill?hl-|’&lI?’-3’?=5I?l!’-L’:"]l:‘5:1.-‘3 |:I’:hI.I2|’|‘l|:I.I.||’|.I:I:|:l:I:I::I.|lI:|J 1-.n.:‘b|–|-nl:I-|-:-|only be considered if it is not physically rrI-:rr-I’I2::-|II-=1’I|-=|-I=|’=|“ItII’I-=’||=hu’rof the Of?cial Plan indicates that a reduction from the setback may requirement, and that there will be no =I-|’-’:|or environmentally desirable to meet the 30 m setback ;¢j[IHmln’r2.rnLhdnE?.hb:::E1nJ]=1?i:EfiJlf!1-1.?¢W?‘h—T|Lhl?l possible impacts to ?sh habitat or water quality. negative g.¢.|?_I.I.:.i:|:.|;.|.I;p.1.’.|1l’.I.I2lh:|rrIl?n’q:h’|1.’.

Similar to the Of?cial Plan, the CRCA Planning Policy considers new development within the 30 metre 5.?g5;&;I}mn?E’?.I¢¢f?I1A?Jnh]Rru.|£.I?u’Imr?ra’%.nilE|HI_?:ErMI m-#n_1huIh-r??? reasonable alternatives for locating the development outside of the if there are noH&Urlh setback area onlyHI?h:mh water setback area, the development is no closer to the water than existing buildings or structures on the water I’lI’.l?l:Euu.‘hlh1’%.b=-&.IE|?HIIil?’?H1?Ui{h=5?1Il‘?¢hlUm|h the water in all directions, complies with the maximum Er-|1H.|: E!=’.E:IH’ti£|ILII.rEIili|iZ?»|=I=I’|J‘=-I’=l1?=If-=lI==?== as possible from and is set back as far property, |;I’I;I’|Il’:5I..l’|d:II.l:tI.:I:l methods to minimize negative impacts on H”:|’.r.E|‘u:I’::|?1.I-h’II|..::| l,EI?h|?!H1lHIH.-II.h‘.=l’|’-|’“Fi1 the Zoning By-law, and suitable lot coverage provisions of j.:.|.;.y.I¢n_?_pI1’.I.|I.I.I’.I’l -H-1-,]-]|3,.?I.:.’.5;.:.|‘p;Ii’pI.1rn’.?|l:hI.’:l:|Im.:u: water quality are incorporated into the development.

The proposed addition does not encroach closer to the water than existing development, is positioned in a ‘|:gppF_.p]??,¢?:gq?dr.1rn?5l:nrh?lIIn’&-ji-?;;n£.hpEi?HHlHi development on the lot septic system location), and ?l-III-1-‘-r-I:rI|I’I=-I-I:-=I=I-IIIII. location due to site constraints (e.g. the reasonable I=I=|-=|-rl-‘Ii-IHIIIIII-=‘I_=|hH’§I’| r:-uzul-:l.:-:-1u.nuJ-.-In.–‘I.L-:1-:a_I:I’I£|I_lq-i. I-|=IlI1I|5|’|=|=|=|-.Hi|=I=l=|=||=|5|l the applicant is addition, by-law. In zoning the in with the maximum lot coverage provisions complies :I’|;IL:IrthLh::m:::uF.IEL:I’.u1.[:?’?1HIIlTIU’lII|1]|l’P5lthe footprint of the proposed |‘I:I’=|’-I-£|‘II1I=I=I:I’|“EI-I’.I-=I-|=—| additions and a deck from the property to compensate for removing two small -nun:-tu::n:u’;-;I:l.‘Ep_;-a?utn-.5-uI1;:m–:I:-t||:-II-III r-1.:-u-|n,|I–u-.-:u:I 2018 and is appropriately in upgraded was the septic system the applicant, |.?|-.i.:uI’. Also, according to i.|r.,l:n:I’th’.‘h’.EI:i:IpI.7j.E:I.qtiI:I]Il&1-’?|11I1IlI1 addition. i’I1|]|3Il’|I1iI_lH’|‘l’|=Il-“i’|’ –u-|nu|.n.’.I’.I’I-|II.I’.l.:I.I’E’|.Ilu:I.I?u’::|’-‘I’. to accommodatethe development. sized

?l?mtr?-:j.p:?.g_3j_?u[?¢{h???Fmn;I.h-mddl’H.qm:d.d’jhIl1’Emhh Staff note that Section 5.2.8 of the Of?cial Plan requires that development adjacent to a sensitive lake h|I’ruI.u:-I-h-dnlimirhr-1-a’nII.PIlIInII-rn5=‘I-adru-=I|’ recommend that as part ofsite plan control, that roo lake will be subject to site plan control. Sta?’ trout |:’:I:ILIh’.’l’LLI:I:_-1:3”-|::l.£|:lJ.:|:|I.I:r.I:I.I:I’I.i|. n-q:’m:un.:umq?-u:luuh.:H.?unain’£uf-+H?nIIwl1II-uI’i=hhh runo?’be directed away from the lake, and that the area between the development and the lakef be and the CRCA. q”||u…..4…n…Jg..;|.g.p vegetated bu?er m-I.’.-l__ _ maintained as aa…-.q-.u.u.uq !l’tr-u-u.nh:–u-u-I’.Ihofthe Township hihlr?to the satisfaction u

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2 of 3 Page hp:-an-:I

Page 134 of 177

Page 135 of 177

Page 136 of 177

.. 0

Environmental Health Department 1130 Elizabeth Street Sharbot Lake, Ontario KOH2P0 (613, 2792151

KF. A

Public Health

Fa1x‘f‘(‘(’5‘1’j) http://www.kf|apub|ichea|th.ca 6277’;f’379-“97

REQUESTSFOR COMMENTS

To;

Ms. Michelle Hannah Secrctary—’l‘reasurer, Committee of Adjustment Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON KOH 2T0

Application Number:

MV—25—19B

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Atkinson, Andrew and Smith, Elizabeth

Locatlon: Planning Department or Agency:

Comments:

Part Lot 4, Concession 13, Bedford 467 Maccomish Lane

Township of South Frontenac (Bedford)

KFL&APublic Health has no objections to the proposed minor variance as the owner has submitted an application under permit number BE—15—18.

/21.

Inspector:

Date:

fr’

/Iv’

ne U urn,

CPH|(C), Public Hea

ctor

July 30, 2019

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLICHEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267—7875.

Page 137 of 177

i3g’i"3”§“I’i’”-s” F Esmx KINGSTON,FRONTENACAND LENNOX& ADDINGTON PUBLIC HEALTH FINALINSPECTIONREPORT FOR CLASS2, 3, 4, 5 SEWAGE SYSTEM

Inspection Details

OWNER-..(_4T.£1a5l:8iéL2a. H

Work has been satisfactorily completed and include a) septictank/ieeidmataeie/treatment

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unit of working capacity at N

9 D°’‘ " ’ e D Q” litres constructed of

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Cqwsc s description) (type dis(tr/ihutiaorvzipe 2 J andggagig / A’r(eaA__ If Filteraed: Loading)i'?e ’

c) Treatment Unit Make / Model: I!) Chamber System Make] Made

e) Leaching Bed GFS Coordinates:

Latitude

Location: The sketch below indicates the location of all components Ontario Building Code.

i i__

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of the Sewage System and separation distances as required underthe

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code Act for the Iollowlng property District

located an Lat

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Registered Plan Mm

Flnal Compliance inspection

Partls) ….. _. —

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the following work has been completed:

Qsystem has been backfilled with suitable granularfill Sloped surfaces are stahilixed

Ert?ding to shed rurroffand divert water around leaching bed has been completed B??psail has been put on the leaching bed to establish grass cover

KFL8tAPublic Health (FEB15)

Page 138 of 177

Application for a Permit to Construct

or Demolish

This fonn is authorized under subsection 8(1 .1) of the Building Code Act, 1992

For use by Principal Authority Application number:

Date received:

Pennit number (if different):

1 5’

—

Roll number:

‘

KFL’? A \

Application submitted to:

BUG

HEALTH

(Name of municipality, upper-tier municipality, board of health or conservation authority)

A. Project information Building number, street name

Unit number

Lie‘! MAOCcru5H/woe

Municipalitygh‘ 4fPoA’n

Postal code

Km<>ZL.0

Project value est. $

B. Purpose

Plan number/other description

Lotlcon.

Pf-Llf/£15

Area of work (rn )

of application

Addition to an existing building

New construction Proposed use of building

Alterationlrepair

Demolition

Current use of building

Conditional Permit

co‘rrAé, 5 Description of proposed work

iusmuxms C. Applicant Last name

cl’ Cuts: IL HLTER?@

Applicant is:

or agent of owner %\uthorized Downer First name

Corporation or partnership jgcqil/3| 0,q*,7>,;3_¢¢ (M/C

HoeM sjmanc

Street address

4 i

Unit number

Lot/con.

MAIIJ Municipality

Postal code

Seiajs?s Telephone number

BAY

K0H J IJ 0

Province

oil}

Fax

A13.337-.1323 D. Owner (if different from applicant)

First name

Corporation or partnership

Awmzeu) Am .15o.J ?m2J¢ Aug J33 Lemmcx

Street address Municipality

Postal code

OTTALJ R

KLQ

Telephone number

£13-51%

Application

Fax

or Demolish

Effective

Unit number Province

OK‘

Lo?con.

E-mail

CtéL0s’H<u\SQr'-I’ Q\£}\l"C Cell number

>lLQOr" 4'7/3..>gQ3.,g554

H75

for a Perms! to Construct

[am /. ea t~~éZanslar~~clS’ca,M é/.:j’~a”3?—33/3” ,@ ll number

68 —537—£ov3

Last name

E-mail’

.3a.m:m’; ’l. 2014

Page

lo? 4

Page 139 of 177

BE-/S—/X E. Builder (optional) Last name

First name

Corporation or partnership (if applicable)

Street address

Unit number

Municipality

Postal code

Telephone number

Fax

Province

Lot/con.

E-mail Cell number

Tarion Warranty Corporation (Ontario New Home Warranty Program) i. is proposed construction for a new home as de?ned in the Ontario New Home Warranties

yes

Plan Act? If no, go to section G. ii. is registration required under the Ontario New Home Warranties Plan Act?

‘/1No

,‘/fNo

Yes

iii. If yes to (ii) provide registration number(s):

Required Schedules

i) Attach Schedule 1 for each individual who reviews and takes responsibility for design activities. ii)Attach Schedule 2 where application is to construct on-site, install or repair a sewage system.

H. Completeness

and compliance with applicable law i) This application meets all the requirements of clauses 1.3.1.3 (5) (a) to (d) of Division C of the Building Code (the application is made in the correct form and by the owner or authorized agent, all applicable ?elds have been completed on the application and required schedules, and all required schedules are submitted). Payment has been made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(c) of the Building Code Act, 1992, to be paid when the application is made. ii) This application is accompanied by the plans and speci?cations prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992. iii) This application is accompanied by the information and documents prescribed by the applicable bylaw. resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992 which enable the chief building of?cial to determine whether the proposed building, construction or demolition will contravene any applicable law. iv) The proposed building, construction or demolition will not contravene any applicable law. l. Declaration

‘7ye5

Yes

was

ayes

/ yes

of applicant

OUT?-4:40 mo I Hbé. Agf? Exon./A7,mJ E‘ LAiJh5c/\Pr l8C‘r¢S’l

declare that:

(print name)

The information contained in this application, attached schedules, attached plans and speci?cations, and other attached documentation is true to the best of my knowledge. lf the owner is a corporation or partnership, I have the authorityto bind the corporation or partnership.

Avg.Q// 9

.i@ic>4Z)@

M6.74l&¢~.¢/Fugiigl —

Date

Signature

f pplic

Personal infonnation contained in this fonn and schedules is collected under the authority of subsection 8(1 .1 ) of the Building Code Act, 1992, and will be used in the administration and enforcement of the Building Code Act, 1992. Questions about the collection of personal information may be addressed to: a) the Chief Building Official of the municipality or upper-tier municipality to which this application is being made, or, b) the inspector having the powers and duties ot a chief building of?cial in relation to sewage systems or plumbing for an upper-tier municipality, board of health or conservation authority to whom this application is made, or, c) Director, Building and Development Branch, Ministry of Municipal Affairs and Housing 777 Bay St, 2nd Floor. Toronto, MSG 2E5 (416) 585-6666.

Ahplauzmozi

for a Permit to C(ms:rnctor

Demolish

Effective

January

‘4. 2014

Page 2 oi 4

Page 140 of 177

35- /5 ~18‘ Schedule 1: Designer Information Use one form for each individual who reviews and takes responsibility for design activities with respect to the project.

A. Project Information

. Mawomisy 4&7

Building number, street name

. PearyQM;

Municipality

iémgw Plan numberl other description for design activities

Name

Firm

50*}U17‘

/3’? New

Muni

ality

i:gi.E1'5

Telephone number

5TA££7 P stal code

‘SW

Province

H<>)L)O Fax numb r_

33-39¢

5 /5387~..i3&>

C. Design activities undertaken Division C] House Small Buildings

C15.

(Jib i‘b’0¢?L(S/ 0/V7’/:lr’iA0

E’)(rAuftT 5 HC’L'4fL/J

St ree t a dd res

tjcon

Pos al code

B. Individual who reviews and takes responsibility ,

Unit no.

1,,,_,,;

‘

rm) 3 [AA;;§¢: Unit no.

/5 Lotjcon.

—mai|

Ox} 8015

aqraitsla/iz{sa2p:>,e;/ /3«53<2—33r5 4iafmaz/.¢‘4

Celfnumber

by individual identi?ed in Section B. [Building Code Table 3.5.2.1. of HVAC House Building Services Detection, Lighting and Power :|Fire Protection

Building Structural Plumbing House Plumbing All Buildings On-site Sewage Systems

—

Large Buildings Complex Buildings Description of designer’s work

—

&i’>’/‘lg.5*Si’€i« /,\l5r;U_ LL;=.ss4, FTLTERIEED

D. Declaration of Designer

50DMIE, B53‘,

declare that (choose one as appropriate):

(print name)

1review and take responsibility for the design work on behalf of a ?rm registered under subsection 3.2.4.of Division 0, of the Building Code. I am quali?ed, and the ?rm is registered, in the appropriate classes/categories.

37601-3

individual BCIN:

‘H 713’

Firm BCIN:

I review and take responsibility for the design and am quali?ed in the appropriate category as an “other designer’ under subsection 3.2.5.of Division C, of the Building Code.

individual BCIN: Basis for exemption from registration: The design work is exempt from the registration and quali?cation requirements

of the Building Code.

Basis for exemption from registration and quali?cation: I certify that:

The information contained in this schedule is true to the best of my knowledge.
l have submitte this application with the k‘ wle e and consent of the ?rm.

/5\ur.=…) /8

Date

Si nature of Designer

NOTE:

For the purposes of this form, “individual” means the “person” referred to in Clause 3.2.4.7(1) (c).of Division 0, Article 3.2.5.1. of Division C, and all other persons who are exempt from quali?cation under Subsections 3.2.4. and 3.2.5. of Division C.

Schedule 1 is not required to be completed by a holder of a license, temporary license, or a certi?cate of practice. issued by the Ontario Association of Architects. Schedule 1 is alsonot required to be completed by a holder of a license to practise, a limited license to practise. or a certificateof authorization, issued by the Association of Professional Engineers of Ontario.

Application

for a Permit to COl’l5ULlCl or Demolish

–

Efiectii/9 Jar:-uziry 1. 2014

Page 3 of 4

Page 141 of 177

BE» /5’ 43’ Schedule 2: Sewage System Installer Information A. Project information Building number, street name

Unit number

4477 MncwmisifLmué

Municipalitpgam’

stal code tt olL(9

Plan numberl other description

Lotlzjsil. I

Sewage system installer Is the installer of the sewage system engaged in the business of constructing on—site. installin g, repairing, servicing, cleaning or emptying sewage systems, in accordance with Building Code Article 3.3.1.1. Division C?

2 C.

Yes (Continue to Section C)

Registered

installer unknown at time of application (Continue to Section E)

No (Continue to Section E)

installer infonnation (where answer to B is ‘‘Yes’’) MC, l\3TFv’:tO

Street addre

M//\rIJ ST

Munici;::alit 5 ‘f codej Poséal Te|epho:ynt.i/El?’

331;’ (n,,§@CAD(7v\0JL —

infonnation (where answer to section B is “Yes”)

Name of quali?ed supervisor(s)

Building Code identi?cation Number (BCIN)

‘Danni IE be! E.

-mail

5/3-397» 9045

2/33§2« 2333

Lot/con.

n,l.\ll(1)1£[:?(#b Em 5/3 539.

Province

Quali?ed supervisor

W 7’ L

Unit number

BCIN

57é2_),

Declaration of Applicant:

1809481oprmuc mo

HM-l?xl? Excgtv/W 0.3 4 LAi\lA5c.€'R3,

declare that:

(print name)

I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, submit a new Schedule 2 prior to construction when the installer is known;

I shall

QB I am the holder of the permit to construct the sewage system, and am submittin g a new Schedule 2, now that the installer is known. I certify that: 1.

The information contained in this schedule is true to the best of my knowledge.

If the owneris a corporation

/lore

or partnership.

l have the authority to bind the corporation

‘??m?as?m?utd

Date

Application

to!‘ a Permit

or partnership.

Q/do

Signature of applica

to Constx list or Demolish

—

Effective

January

1, 2014

Pzge it of -i

Page 142 of 177

BEV/5 ‘45’ Directions:

Map:

…..

SOILS CERTIFICATION

:t>i\‘f

kl N I‘E I, (Licensed Installer under Section 3.3 of the Building Code Act), verify that the material used in’theconstruction of the sewage system, under the permit herein, meets the requirements of the Ontario Building Code, the percolation rate identi?ed on the permit and the soils analysis submitted to KFL&A Public Health from: (Name of pit)

Note: Leaching bed ?ll means soil used for the construction of conventional and chamber leaching beds, ?lter beds, dispersal beds, and area beds as prescribed under speci?c Building Materials Evaluation Commission authorizations. It may not include a requirement for other soils as prescribed by treatment unit manufacturers; check with the manufacturer before installation. The silt content of leaching bed ?ll must be included in the analysis. KFL&A Public Health may require you to submit soil samples for analysis.

J [1-S /Iuc—..

Date

OWNER AUTHORIZATION Ilwe,

, being the legal owner(s) of the property described as Lot

Concession

, Parts(s)/SubIot(s)

of Plan

, in the Municipalityof

, located at Civic Address

, certify

that

is authorized to submit an Application

to Construct or Demolish to KFL&APublic Health for the purposes of installing a sewage

system

Regulation 332/12, and to act as my/our representative

in accordance with Ontario

for any associated site inspections.

Ilwe certify that all information and material provided for the purpose of this application is accurate.

Signature of Legal Owner(s):

NOTE: THIS APPROVAL EXPIRES 12 MONTHS AFTER THE DATE OF ISSUE

KFL&APublic Health

—

Page 5 (MAR14)

Page 143 of 177

BE‘ /5*/5

HOGAN’S EXCAVATION & LANDSCAPE (613) 387-2383

AUTHORIZATION FOR AN APPLICATION FOR SEWAGE SYSTEM PERMIT BY A PERSON OTHER THAN THE LEGAL OWNER I,

Described as Lot

El:

Sub Lot

Ward

LANDSCAPE.

beingthe legal ownerof the subject , Concession

, Township of

am;_

authorize HOGAN ’S EXCAVATION&

Mailing address and phone/fax number is: 139 Main Street See1ey’sBay, Ontario KOH2N0 Tel: (613) 387-2383

Fax: (613) 387-8043 To apply for a sewage permit and the associated site inspection on my behalf.

S1guatureof Legal Owner

Page 144 of 177

/5 ~18’

£5 l

IPuib??@Hea1tho’o

SEWAGE SYSTEM CALCULATION PAGE

Daily Design Sewage Flow (0)

Table 1

(?g)

DDSF for bedrooms:

x 100 =

x 50

For every 10m2over 400m2,up to 600 m2’.

L/day (C)

For every 10m2over 60Dm2:

x 50 =

?xture units: Each ?xture unit over 20:

For total DDSF, add (A) to the larger of (B) or (C):

L .(Q)

Uday (Q)

(T) =

(200 or 300)

Filter Bed Loading Area (m2)

Filter Bed Contact Area (ma)

/ é£i0

Contact Area

(Q)

/6 00

L = (Q)

usee

Sand Layer

(r)-

oll ‘\5 m‘ mi

)

(0)

«or both values

(T)

‘

“12

‘Use T 01 native son;il Sand Layer area < sione Layer area. use sraneLayer area «or twin values

4-00

Bed (m2) Area

Area=,2x, 400

Linear Loading Rate:

|fT < 24 min, use 50 L/m lfT 2 24 min, use 40 L/rn

DDSF Values for Bedrooms

(Onlario

(Q)

x 400 Pump chamber capacity: Q =

Table 2

(OMBHDBuilding Code. DivisionB, Part 8. Table 82.1 .3.A.)

—

Fixture Units

L/day

Bedrooms

L/day

Bathroom Group (34 piece bammum)

(T) =

L Table 3 Loading Rates for Fill Based Absorption Trem:heslFiller Beds —

BuildingCode, Division B. Part 7. Table 7.4.9.3.)

of Units

Bedrooms

Stone Layer = (Q)

if Q s 3000 L/day, us 0 + 75 If Q > 3000 lJday, Q + 50 lf115 use; 2”_T use; El

Type B Dispersal

—

(Q)

‘Use T ol na?ve soil; if Conlacl Area < Loading Area. use Loading Area

850

Table 1

850

Type A Dispersal Bed (mz)

Sand Layer:

Loading Area

03%‘

Shallow Buried Trenches (m) See Table 4.

Stone Layer:

_qLr

:-mo

COMBO‘ N85 = 5.

Zéog

0 Daily Design Sewage Flow ‘LT:r§:tr:i1i::ig:1li°ri1gi:‘f!ir?::i?:t7pIj?r:po?ed soil

_ _

200

L/day Uday

no 5 3000 Uday, use Q + 75 IfQ > 3000 Uday, use 0 + 50 Level II-IVtreatment unit only, use Q + 100 4.

/6057+ (B or c)

(A)

Treatment Systems/Chambers

L/day

(B) Total DDSF for ?oor area:

Leaching Bed Size (In)

Conventional

L/day 75 =

DDSF (Q): 2.

m’

For every 10m2 over 200mZ, up to 400 m2:

//r5

rau.2Tota|

[92I

Total ?oor area:

L/day(A)

(oniano

PercolationTime (r) of Soil. min

Bathtub

Building Code, Division a. Pan 3, Table 3.7.4.1.)

Rates. Loading (Llm )/day

‘l<TS20

(with or without shower)

Toilei Clothes Washer

Dishwasher Laundry Tubs

Pei bedroom over 5

500

(oniano

—

Shallow Buried Trench Length

Building cane, Division 3 Pan :3,Table 513.1.)

PercolationTime (T) of Soil, min

Length of DislribuiionPipe. m

Sinks

1<TS20

Q/75

Other

20 <Ts

Q./50

50<T<

125

Q/30

Shower Drain ‘

Table 4

NOTE: THIS APPROVAL EXPIRES12 MONTHSAFTER THE DATE OF ISSUE

KFL&APublic Health Pageé (MAR14) —

Page 145 of 177

OFFICE USE ONLY Name QT/QM»!

Sewage System Specifications Page

Fee number Renewal date

322%

‘-

//.5

Cl Proposed

‘YAKE Exlsl-‘“9 /‘WERE Soils ater sup ly

Total ?nished area

J?aa ,,,,,,,,,,,<:;’: .

CI Dug, bored, or blasted well

Casing dept-h§(metres)

E] Sandpoint or drive

Holding tank capacity

int

es>

C1 Municipal

U Surface water

U Cistem CI Shore well Conventional leaching bed (minimum 40 metres)

(7 x Q)

5 only)

(Class

Daily design sewage ?ow (Q)

El DrilledWell

Indicate soil types (sand, silt, clay), bedrock, and the high ground water table below.

;‘;::;f::.s:,S::::;”;::::2;‘:-:1::’::; gika) ca:-gpttig d*522:“3 .

3§:.ii‘:f::?;.

;;;;:;;m

—

tglelgilggrntasf ?l:iéIurr::t:i’n .

BE is /8

Application number Date Submitted /.3 g Fee amount cjgg .QQ Date entered L3

?aalfeu —/8

Total distribution pipe

(minimum of 9000 litres)

El Mantle required

Test Pit (metres)

(metres)

El Pump required

(litres)

0407 Class 4 sewage system

0.3 ‘

0.6 _

Cl Conventional leaching bed El Chamber system leaching bed

S|i.T

media bed jxr-‘inter

Total chamber length

Manufacturer

Building Materials Evaluation Committee area bed El Shallow buried trenches‘ Cl Type A dispersal bed‘ Cl Type B dispersal bed‘

1.5_

leaching bed

system

(minimum

Sewn)

‘,0.-9. 1.2

chamber

type

40 metres)

(metres)

Model

Number of pieces

El Mantle required These sewage systems require a Level IV treatment unit certi?ed to the CANIBNQ 3680600 standard, or a treatment unit described in Supplementary Standard SB-5.

D Pump required

‘

Estimated percolation rate of native soil

Tested percolation rate of imported soil

Treatment

512

T= (minutes per centimeter)

thod of subsurface

unit

(metres?)

. Type B chspersal bed Recommend

tions

r co

_(Q) +

(metres?)

.XMantle S?fump required

required

(minimum 30 metres) Total trench length

(metres)

El Mantle required

Linear loading rate

Cl 50 litres per metre

El 40 litres per metre

(litres)

[Q39

(litres per metres’per day) =

E0 area (metresz)

itions (f rogiceuse only)

NOTE: This approval expires 12 months atter the date of issue.

2016-05-31

(metresz)

Pump chamber capacity

Loading rate (from Table 3) =

(metresz) i

Shallow buried trenches

Sand layer area

Stone layer area

.92

bed

Total distribution pipe _g&_é(metres)

Model

Magnetic

U Building Materials Evaluation Committee El Tracer wire (14 gauge plastic coated) authorization provided D Other Building Materials Evaluation Committee area or type A dispersal bed Stone layer area

Loading area Contact area

U Level II El Level III D Level IV CI Service agreement provided Manufacturer

detection

Filter media

KFL&APublic Health

—-

Page 7 of 8

Page 146 of 177

APPLICATIONNO: ,8 E

SEWAGE SYSTEM PLANS PAGE

NAME,

( 5 -[S

LOT DIAGRAM AND SEWAGE SYSTEM PLAN: Drawing must be accurate and to scale. Indicate north point and show: (a) Location of sewage system components (eg. tanks, leaching bed, direction of mantle, etc). Locate and show horizontal distances from system to adjacent existing or proposed buildings, water supplies (including neighbours), existing on-site systems, driveways, property lines.lakes, rivers, springs, water coursw, swimming pools (b) Lot dimensions, topographic features (e.g. swamps, steep slopes) near system.

1 square ft) (m /

/’

r—L—L ~~~%¥+

4?»-r—n -r-~

_Li.l

viscera;

1 N

/ 1

V .J/

DRAW TO SCALE

l ‘

.l_

I‘

‘_..-»P‘’‘

mfg?

._l

Benchmark:

SEWAGE SYSTEM CROSS SECTION (FOR NEW SEWAGE SYSTEMS ONLY)

srrzwé .

,_L.l——»;-) ’

id)

.wiz>..is.

.I_

in t

APPROVED 43-zREJECTED Permit to install a Class 2, 3,4,5

V‘ L‘

.’

ll _

.a¢;zN_

(See recommendations on previous page.)

Sewage System under section B-(1) (2) of the Building Code Act, S.0.

1?—92,

C.23. This pennit is issued to the owner to constmct, install, alter, extend, enlarge or continue to use a Class Sewage system. Any person who is not ‘Issued it y aply ap the Builing Code Commission for any issues involvingthe Building Code or

inspector‘.

Compliance to the Code.

away 44%.

Chief Building Official:

NOTE: THIS APPROVAL EXPIRES 12 MONTHS AFTER THE DATE OF ISSUE

KFL&APublic Health

-—

Page 8 (MAR14)

Page 147 of 177

Ministry of the Environment, Conservation and Parks

Ministère de l’Environnement, de la Protection de la nature et des Parcs

Eastern Region 1259 Gardiners Road, Unit 3 Kingston ON K7P 3J6 Phone: 613.549.4000 or 800.267.0974

Région de l’Est 1259, rue Gardiners, unité 3 Kingston (Ontario) K7P 3J6 Tél: 613 549-4000 ou 800 267-0974

230,

By email only

230,

July 25, 2019 Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0

Attention:

Claire Dodds, Director of Development Services, MCIP, RPP Email: cdodds@southfrontenac.net

Dear Ms. Dodds: Re:

Circulation MV-25-19-B - Atkinson– South Frontenac

I have reviewed the application for the Minor Variance noted above, supporting documentation and offer the following comments. The Ministry of the Environment, Conservation and Parks (MECP) recommends a minimum 30 metre setback from the high water mark of water bodies as a standard in local Official Plans and related ZBLs. In the case of existing lots of record the 30 m setback is a minimum; if the lot cannot accommodate the setback due to physical or topographical constraints development should be as far back from the high water mark as can be accommodated. These standards are used as planning tools by municipalities to provide protection to lakes, rivers and streams from inputs of nutrients and suspended sediment consistent with Section 2.2. Water - of the Provincial Policy Statement. These contaminants originate primarily from the disturbance of soils, removal of natural vegetation, hardening of the landscape which results in increased surface runoff in addition from the migration of septic effluent from tile fields. The minimum setback of 30 metres from a water body is also recommended for water quality protection purposes. Generally, the greater the setback from the water; the greater the level of water quality protection. The 30 m buffer strip has become a standard and has been supported before the Ontario Municipal Board - now the Local Planning Appeal Tribunal. MV-25-19-B – Atkinson – South Frontenac Buck Lake has been identified by the Ontario Ministry of Natural Resources and Forestry as a cold water lake trout fishery; managed for lake trout and is currently classified by the Ministry of the Environment, Conservation and Parks as “at capacity” Page for development. While this designation does not preclude responsible development on148 of 177

2 of 2

existing lots of record it should be done in such a way that minimizes impact to these sensitive surface water features such as maintaining a setback that is back as far as reasonably possible and minimizing lot coverage by extra structures etc. which increases the permeability of lots and minimizes surface runoff and hardening of the landscape. The minor variance is being sought to complete a renovation on an existing cottage that includes an addition (16’ x24’; 384 ft2). The entire cottage and the addition lays within the 30 m of the lake. The renovation includes the permanent removal of a wrap around deck, 392 ft2 in area plus the removal of two small additions on the north and east sides of the cottage of 62.5 ft2. The total building footprint to be removed is 454.5 ft2; resulting in a slightly smaller building by 70 ft2. The addition is for the creation of additional living space, including a new bathroom and there will be no increase in the number of bedrooms as a result. A new KFLSHU approved septic tank and tile bed were installed in 2018. As presented in the Environmental Impact Study the renovation will result in an increase in the setback distance from the lake due to the removal of the wrap around deck. The front of the addition will be setback > 15 feet further than the front of the deck that will be removed. There will be no increase in impermeable surface area and therefore no increase in any potential nutrient as a result. We agree that this proposal, if implemented as presented; would not result in any increase in impact to the water quality of Buck Lake and support this application for Minor Variance.

We have no further comments on this application at this time. Regards,

Jon K. Orpana Environmental Planner & Environmental Assessment Coordinator Ministry of the Environment, Conservation and Parks Kingston Regional Office PO Box 22032, 1259 Gardiners Road Kingston, Ontario K7M 8S5 Phone: (613) 548-6918 Fax: (613) 548-6908 Email: jon.orpana@ontario.ca Page 149 of 177

Em:

\C, Nam …wr~ NW

m.8:_:o8:

m9.

=o:.

ssmq

Page 150 of 177

3..a x…. M97

.f,i

3’:

_§

MW/.,.4u.

.§:\

Page 151 of 177

Page 152 of 177

ozr<.

Em .402

Page 153 of 177

Page 154 of 177

Page 155 of 177

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001039

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Page 156 of 177 o ~ 'I 3NFl 3ON3H3J38 SNI

Page 157 of 177

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Page 158 of 177

Page 159 of 177

AD RO TH

PE R

PINEHAVEN LANE

Devil Lake

Pollywog Lake

Buck Lake

Inset Map

N LA

ATKINSON MV-25-19-B 467 MCCOMISH LANE

Buck Lake

Legend

SLEEPY HAVEN LANE

Parcel Fabric selection Parcel Fabric Wetland Provincially Significant Wetlands Waterbody Roads

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

Page 160 of 177

Buck Lake

Scale 1:500 0 1.753.5

10.5

Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

July 29, 2019

Application No: Owner: Location of Property:

MV-26-18-S Mercer Part Lot 4, Concession 10, being Part 13 on Plan 13R-3744, District of Storrington, Township of South Frontenac, municipally known as 4833B Alex McLean Lane, Loughborough Lake Purpose of Application: To vary Section 5.24.1 and Section 10.3.2 of the Township of South Frontenac Zoning By-law to permit the construction of an accessory building, being a detached garage, that will exceed the lot coverage of the principal building and to exceed the maximum permitted height of 6 metres Date of Hearing: August 8, 2019

Proposal An application for minor variance has been submitted to permit the construction of a detached garage located at Part Lot 4, Concession 10, being Part 13 on Plan 13R-3744, District of Storrington, municipally known as 4833B Alex McLean Lane, Loughborough Lake (see attached map). The property has frontage along Loughborough Lake and is accessed by Alex McLean Lane, from Lower Round Lake Round, a Township road. The property contains an existing two-storey cottage with gazebo at the waterfront. The applicant is proposing to construct a detached two-storey garage midway on the property, closer to the southern interior lot line, adjacent to the existing driveway. The garage will be 28 feet by 32 feet consisting of 896 ft2 (83.24 m2) and 24.6 feet (7 m) in height. The existing cottage was constructed in 1950 and was rebuilt in 2018. Section 5.24.1 of the Zoning By-law permits a maximum lot coverage of 5% for accessory structures, however the footprint of all accessory buildings combined shall not exceed the footprint of the principal use. In this case, the proposed garage will have a footprint of 896 ft2 which is larger than the footprint of the existing principal use with the existing gazebo consisting of 144 ft2 where the dwelling has a footprint of 591 ft2. Minor variance is required to construct the proposed detached garage as the footprint of the structure will exceed the footprint of the principal use (dwelling):

Section 5.24.1: The total lot coverage of accessory buildings and structures including detached private garages shall not exceed five (5) percent of the lot area. In no case shall the lot coverage of all accessory buildings and structures on a lot (excluding pools and tennis courts) exceed the lot coverage of the existing principal building. Requested variance from this section: a. Proposed detached garage: The two-storey garage is proposed to be a maximum of 896 ft2 and the existing gazebo consists of 144 ft2, totalling a lot coverage larger than the principal use, being a cottage consisting of 591 ft2.
Section 10.3.2: The maximum allowable building height for accessory buildings not attached to the principal building for properties zoned RLSW: Requested variance from this section: a. Proposed detached garage: The two-storey garage is proposed to be 24.6 feet (7.5 metres). The garage will be 4.9 feet (1.49 metres) higher than the permitted height of 19.7 feet (6 metres). Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Page 161 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject waterfront property is relatively level and slopes at the waterfront. The existing cottage and gazebo are located along the waterfront of Loughborough Lake and contain a privy with water intake from Loughborough Lake. The applicant has noted that the new garage will not have any plumbing in the structure. The garage will be 24 feet 6 inches to the peak of the roof and will be 192 feet from the highwater mark of Lougborough Lake and located 200 feet from Alex McLean Lane. The applicant has indicated that they would like to construct a building that will be large enough to store their summer equipment which will include items such as lawn mower, tractor, golf cart, boat and outdoor furnishings for their cottage and nearby home. It was also noted that they would like to have room for a small workshop. The applicant currently resides at 4919 Lower Round Lake Road in a year round residential dwelling. A small barn/storage shed burned at this property and the applicant would like to build a new building at their cottage property at 4833B Alex McLean Lane. The rationale for constructing the new building is that the applicants would like to eventually sell their home at 4919 Lower Round Lake Road and would like their children to inherit the cottage property. The new building will be useful for the family in the long term.

Planning Analysis Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. When assessing development on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Resources, and Section 3: Protecting Public Health and Safety by the approval authority. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Cataraqui Region Conservation Authority reviewed the application in light of Section 2.1 Natural Heritage policies and is satisfied that the application as presented is consistent with the natural heritage policies of the PPS. The Cataraqui Region Conservation Authority had indicated that they were not required to be circulated the application as based upon the review of their mapping, there are no natural hazards or natural heritage features located in close proximity of the proposed building. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. The garage will be located outside of the flood hazard and the application is consistent with Section 3.1 of the PPS. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.4 Rural Residential Policies permit rural residential uses such as accessory uses as a permitted use within the designation. Current Zoning: Limited Service Residential Waterfront (RLSW) Zone The property is zoned Limited Service Residential Waterfront (RLSW) Zone in the Township of South Frontenac Zoning Bylaw. The intent of the RLSW Zone is to recognize waterfront development on private lanes. A 30 metre setback from the high water mark is required for the construction of all dwellings and structures. The proposed location of the garage will be 192 feet (58.52m) from the highwater mark of Loughborough Lake and 200 feet (60.96m) from the front yard. Page 162 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 5.24 permits a maximum of 5% lot coverage; the structure proposed will maintain the maximum lot coverage but will exceed the footprint of the principal use. From a planning perspective, planning staff support the additional space being incorporated in an accessory structure that is setback at a greater distance from the waterfront than an expansion to the dwelling located within the 30 metre setback of the highwater mark of the lake. Section 5.24.1 of the Township’s Zoning Bylaw requires that an accessory building, being a proposed detached private garage and existing gazebo, shall not exceed the lot coverage of the existing principal building. It is determined that the accessory structures will be greater than the existing cottage. As per Section 10.3.2 the proposed garage will be 24.6 feet (7.5 m) which is higher than the permitted 19.7 feet (6 m). It is planning staff’s opinion that the justification for the increase in size of the accessory building will be to accommodate for items that will be relocated from the property at 4919 Lower Round Lake Road which were previously contained in an accessory building destroyed by fire. Planning staff are satisfied that the garage will not cause concerns with the aesthetics of the structure as it is set back significantly from the lane. A site visit was conducted on July 26, 2019, to observe site characteristics and determine desirableness of the proposed construction.

Agency Analysis and Comments KFL&A Public Health – The Health Unit is not required to be circulated as the garage is beyond the required setbacks of the septic system. Cataraqui Region Conservation Authority - The Cataraqui Region Conservation had indicated that they were not required to be circulated the application based upon the review of their mapping, there are no natural hazards or natural heritage features located in close proximity of the proposed building. Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the construction of a detached garage at Part Lot 4, Concession 10, being Part 13 on Plan 13R-3744, District of Storrington, Township of South Frontenac, 4833B Alex McLean Lane, Loughborough Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan because the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The proposed construction is for a detached garage which is listed as a permitted use within the Rural designation and exceeds the 30 metre minimum setback requirement to the highwater mark of Loughborough Lake. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the placement of the detached garage will be located in the area that exceeds the setback to the highwater mark of the waterbody and front yard setback. The accessory structure and gazebo exceeds the lot coverage by 449 ft2 and the accessory structure will exceed the maximum allowable height by 4.9 feet (1.49 m). Given that the existing cottage consists of 591 ft2 which is undersized based on the minimum gross floor area of the Limited Services Residential – Waterfront Zone. Permission to expand the footprint of the accessory structure beyond that of the principal use prevents the expansion of the dwelling within closer proximity to the waterfront. • The variance is desirable for the appropriate development of the lands as the garage exceeds the setback to the highwater mark of Loughborough Lake and front yard setback. The garage will not impact the existing waterfront and will be screened from view from the lane by existing trees along the driveway.

Page 163 of 177

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • The variance is minor as the location of the proposed detached garage is set back significantly from Alex McLean Lane and the highwater mark of Loughborough Lake, it will not impact the existing cottage, existing privy and it is not anticipated to impact neighbours, sightlines or aesthetics due to the topography of the lot. The total area of the lot occupied within accessory structures is within the 5% maximum permitted lot coverage.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Minor variance is for the construction of the detached garage that is setback outside of the required waterbody setback with a maximum floor area of 896 ft2 with a footprint of 28’ by 32’ and a height of 24.6 feet.
Minor variance MV-26-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
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.

Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 26, 2019 Attachments: Map of the Mercer property

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There are 2 overhang options only one may be used. 2 Exact truss specs will be supplied by Terra-Nova Truss
Walls to be 2x6x 10 studs @16” o/c
Exact window sizes/locations are TBD. Lintels will be as per OBC 5 Depth of fdtn will be dependant on bedrock depth/soil conditions
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Ceiling jOlStSto be 2x12x 16’ @24" o/c
Built-up floor beam to be 5p|y 2x12 with 2 intermediate supports —

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Loughborough Lake

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MERCER MV-26-19-S

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4833B ALEX MCLEAN LANE

Inset Map

Legend

Parcel Fabric selection Parcel Fabric

Loughborough Lake

Wetland Provincially Significant Wetlands Waterbody

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Roads

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

Page 177 of 177

Scale 1:2,200 0 5 10

Meters

UTM Projection NAD 83

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