Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: February 8, 2018 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:
7:00 PM, Thursday, February 8, 2018 Council Chambers.
Call to Order
a)
Resolution
Motions to Elect a Chairperson
a)
Resolution
Motions to Elect a Vice-Chairperson
a)
Resolution
Adoption of Agenda
Declaration of pecuniary interest
Approval of Minutes – [December 14, 2017]
a)
Resolution
Consent Applications from Previous Meetings:
a)
S-57-17-P - Neil Morey - Concession 14, Part Lots 3/4/5, Hinchinbrooke Road North, District of Portland - Consent to create a new residential lot
Minor Variance Applications from Previous Meetings
a)
MV-31-17-L - Jason Martin - Concession 6, Part Lot 21, 1028 Wildflower Lane - Variance to permit reconstruction of a dwelling within the 30 metre setback from water
16 - 43
b)
MV-47-17-L - Randy Ruttan - Concession 11, Part Lot 22, Buck Lake, District of Loughborough - Variance to permit construction of a dwelling within the 30 metre setback from water
44 - 49
New Consent Applications:
a)
S-63-17-L - George Hamilton and Carol Milligan - Concession 13, Part Lot 24/25, Twisty Lane, District of Loughborough - Consent to create an extension to a right-of-way
50 - 53
b)
S-01-18-L - Joe Rodrigues - Concession 8, Part Lot 17, Wilmer Road, District of Loughborough - Consent to create a new residential lot
54 - 57
c)
S-02-18-S - Sheila and Robert Arthur - Concession 3, Part Lot 19, 3866 Arthur Road, District of Storrington - Consent to create a new lot
58 - 60
d)
S-04-18-B - Paul Snelgrove - Concession 11, Part Lot 1, Milk Lake, District of Bedford - Consent to create a lot addition
61 - 77
3 - 12
13 - 15
Page 1 of 96
S-05-18-B - Paul Snelgrove - Concession 11, Part Lots 1/2, Enchanted Lane, District of Bedford - Consent to create a lot addition S-06-18-B - Paul Snelgrove - Concession 11, Part Lot 1, Frye Lane, District of Bedford - Consent to create a lot addition S-07-18-B - Paul Snelgrove - Concession 11, Part Lots 1/2, Enchanted Lane, District of Bedford - Consent to create a lot addition 10.
New Minor Variance Applications:
a)
MV-50-17-S - Wayne Pugh - Concession 11, Part Lot 10, 5390 Ramparts Lane, District of Storrington - Variance to permit the reconstruction and enlargement of a dwelling within the 30 metre setback from water
78 - 84
b)
MV-01-18-L - 2087033 Ontario Limited (Snug Harbour Resort) Concession 14, Part Lots 6/7, 1029 Snug Harbour Lane, District of Loughborough - Variance to permit the reconstruction and enlargement of a dwelling within the 30 metre setback from water
85 - 90
c)
MV-02-18-S - Orrie and Andrea Cumpson - Concession 3, Part Lot 17, 4403 Latimer Road, District of Storrington - Variance to permit a reduction in the normally required Minimum Distance Separation (MDS) for the reconstruction and enlargement of an existing livestock barn
91 - 96
Other Business
Adjournment
a)
Resolution
Page 2 of 96
TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT
MINUTES 17:11 December 14, 2017 LOCATION:
South Frontenac Municipal Offices, Sydenham
IN ATTENDANCE:
Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) David Hahn (Bedford District) John Sherbino (Loughborough District) John McDougall (Portland District-C)
ABSENT WITH REGRETS:
Larry Redden (Portland District) Ross Sutherland (Loughborough District-C)
STAFF:
Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer
Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: S-56-17-P (Brett and Lory Dark)……………………………………………………………… 2 Item #6: S-57-17-P (Neil Morey) …………………………………………………………………………. 3 Item #7: S-59-17-S (Kurt VonHausen) …………………………………………………………………. 3 Item #8: S-60-17-L (Nigel Haynes) ………………………………………………………………………. 4 Item #9: MV-44-17-P (Suzanne Roberts) ……………………………………………………………… 5 Item #10: MV-45-17-B (Ian Chinnery) ………………………………………………………………….. 6 Item #11: MV-46-17-S (James Emmons) ……………………………………………………………… 7 Item #12: MV-47-17-S (Randy Ruttan) …………………………………………………………………. 8 Item #13: MV-48-17-B (Kurt Stouffer & Ronald Stouffer) ………………………………………… 9 Item #14: MV-49-17-B (Gloria Beach and Scott Duckworth) ……………………………………. 9 Item #15: Adjournment …………………………………………………………………………………….. 10 Item #1: Call to Order RESOLUTION:
C of A: 17:11:01
Moved by: K. Gee
Seconded by: R. Sleeth
THAT the December 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the Chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION:
C of A: 17:11:02
Moved By: J. McDougall
Seconded By: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the November 9, 2017 meeting of the Committee, as circulated. Page 3 of 96
2
Carried Item #5: S-56-17-P (Brett and Lory Dark) Speaking to the Application: Geoff Rae (agent) Discussion: The subject land consists of 1.72 +/- acres with frontage on Deer Park Lane and Fourteen Island Lake. The lot is currently developed with a single detached dwelling. The proposal is for the creation of a right-of-way along the existing driveway which currently serves both 1138 Deer Park Lane and 1150 Deer Park Lane. The owners of 1138 Deer Park Lane have granted permission for the owners of 1150 Deer Park Lane to cross their property for access since the dwellings were constructed. This access was never recognised legally and this application serves to create a deeded right-of-way to protect the right of access for 1150 Deer Park Lane. The topography of the lots makes it impossible to create a useable driveway to access 1150 Deer Park Lane directly from the lane. The owners of 1150 Deer Park Lane did construct a driveway but the grade on it created safety and drainage issues and it has since been removed in favour of the former access via 1138 Deer Park Lane. The right-of-way will be surveyed at 20 metres wide as per the Township standards. The planning department is able to support the application for the right-of-way. Comments from Quinte Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. Planner L. Mills said that while the normally required surveyed width for a right-of-way is 20 metres in this case there was good reason to reduce the surveyed width from 20 metres to 5 metres which is approximately the width of the existing driveway. J. McDougall said this reduction made common sense given the situation and the configuration of the lots and driveways. R. Sleeth agreed, providing there was still sufficient space for emergency response vehicles to navigate the right-of-way. RESOLUTION:
C of A: 17:11:03
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-56-17-P by Brett and Lory Dark, to create a right-of-way, in Concession 12, Part Lot 1, Deer Park Lane, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:
S-56-17-P Brett and Lory Dark Concession 12, Part Lot 1, 1138 Deer Park Drive, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-56-17-P shall be for the creation of a right-ofway to be surveyed at a width of five (5) metres.
- 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.
Page 4 of 96
3 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Item #6: S-57-17-P (Neil Morey) Speaking to the Application: Neil Morey Discussion: The subject land consists of 178 +/- acres (72.0 hectares) with frontage on Hinchinbrooke Road North. The lot is currently developed with a single detached dwelling and accessory building. The proposal is for the creation of a minimum 2 acre residential lot with a minimum of 76 metres of frontage on Hinchinbrooke Road North. The retained parcel will be approximately 176+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Comments were not required from Quinte Conservation Authority. Comments from KFL&A public health have yet to be received. Public Works has no objections. The building department has no objections. RESOLUTION:
C of A: 17:11:04
Moved by: J. McDougall
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-57-17-P by Neil Morey, to create a new lot, in Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Portland, subject to receipt of KFL&A comments. Carried Item #7: S-59-17-S (Kurt VonHausen) Speaking to the Application: None speaking Discussion: This item was originally brought to the committee in May 2016 but was deferred pending a report from KFL&A Public Health. The item returned to the committee in October 2016 and was granted provisional consent at that time. The applicant was unable to meet all required conditions within the one year time period and as such is resubmitting the same proposal. The subject lands consist of 5.1 +/- acres with frontage on Round Lake Road. The land is currently developed with a single detached dwelling and multiple detached accessory buildings. The application is for the creation of a 2.0 acre residential lot with a minimum of 76m frontage along Round Lake Road. The retained parcel will be approximately 3.1+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Comments were not required from Cataraqui Region Conservation Authority. KFL&A public health, Public Works and the building department have no objections. RESOLUTION: Moved by: R. Sleeth
C of A: 17:11:05 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-59-17-S by Kurt VonHausen, to create a new lot, in Concession 2, Part Lot 21, Round Lake Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:
S-59-17-P Kurt VonHausen Concession 2, Pt. Lot 21, Round Lake Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions Page 5 of 96
4
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-59-17-P shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Round Lake Road.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-59-17-P in lieu of parkland [Planning Act, s. 51(1)].
- 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.
- The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-59-17-P. Item #8: S-60-17-L (Nigel Haynes) Speaking to the Application: Rob Rice Discussion: The subject lands consist of 35.2 +/- hectares (87 +/- acres) with frontage on Billy Green Road, Burnt Point Lane and Buck Lake. The land is currently developed with a single detached dwelling and multiple detached accessory buildings. The application is for the creation of a 21.3 +/- acre lot addition only to 179 Burnt Point Lane (ARN 102904004012700 ) with a minimum of 76m frontage along Burnt Point Lane. The retained parcel will be approximately 26.6 hectares (65.7 +/- acres) in size and retain all the existing structures. This lot addition will give an existing waterfront lot the road frontage required by the current zoning by-law. The planning department is able to support the application for the proposed lot addition. Comments were not required from KFL&A public health and Public Works. Page 6 of 96
5 Cataraqui Region Conservation Authority has no objections to the proposal and has indicated that there is no need for any additional Environmental Impact Assessment despite Buck Lake being a Highly Sensitive or At Capacity Lake Trout Lake as the lot addition does not serve to increase density on the lake. The building department have no objections. RESOLUTION:
C of A: 17:11:06
Moved by: J. Sherbino
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-60-17-L by Nigel Haynes, to create a lot addition, in Concession 13, Part Lot 25, Burnt Point Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-60-17-L Nigel Haynes Concession 13, Pt. Lot 25, Burnt Point Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-60-17-L shall be for the creation of a 21+/acre lot addition, with a minimum of 76 metres of frontage on Burnt Point Lane.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #9: MV-44-17-P (Suzanne Roberts) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.05 +/- acres with frontage on Mary Moore Road. The property is currently developed with a single detached dwelling and a detached storage building. The proposal is for the construction of a 26 foot by 18 foot (470 square foot) detached accessory building to be located a minimum of 39 metres (130 feet) from Mary Moore Road. While the proposed location for the accessory building meets the minimum 20 metre requirement for front yard, it is still closer to the road than the principal building. This location is on the south side of the existing driveway and the building will be screened from the road by a stand of trees. The Planning Department is able to support the application. Comments from KFL&A Public Health, Quinte Conservation Authority and Public Works were not required. The building department has no objections. J. McDougall visited the site and agrees that given the wetland area and trees in the rear of the house the proposed location is the only location for the building on the property. Page 7 of 96
6 RESOLUTION:
C of A: 17:11:07
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-44-17-P by Suzanne Roberts, to permit the construction of an accessory building in front of the principal building in Concession 14, Part Lot 25, Mary Moore Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:
MV-44-17-P Suzanne Roberts Concession 14, Lot/Part Lot 25, Mary Moore Roberts, District of Portland, Township of South Frontenac Purpose of Application: To vary section 5.24.2of the Comprehensive Zoning By-law 2003-75 to permit a construction of an accessory building in the front yard Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a 470 square foot footprint detached accessory building, to be located a minimum of 39 metres from Mary Moore Road.
- Minor variance MV-44-17-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. Item #10: MV-45-17-B (Ian Chinnery) Speaking to the Application: Ian Chinnery Discussion: The subject land consists of 0.86 +/- acres with frontage on Orchard Lane and Devil Lake. The property is currently developed with a single detached dwelling and multiple detached accessory buildings. The proposal is for the construction of three additions, totalling 360 square feet, to an existing cottage located 30 feet from the high water mark of Devil Lake. On the water side of the cottage the applicant has proposed to cover and enclose two existing deck sections, each measuring 60 square feet. On the non-water side of the cottage the proposal is for the construction of a new 10 foot by 24 foot (240 square feet) addition. The addition on the non-water side of the cottage is to allow for the construction of an interior bathroom. The applicant has submitted an application to KFL&A public health for the installation of a new septic system which will be located well outside the 30 metre setback. This new septic system will allow the applicant to remove the existing outhouse. There is very limited opportunity to increase the setback from the water due to a deeded right-of-way (Orchard Lane) and registered hydro easement on the property. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is unable to support the application as submitted. L. Mills recommends approving the small additions on the water side of the dwelling but not the larger addition on the nonwater side. KFL&A Public Health have no objections as the applicant has already submitted an application for a new septic system capable of handling the increased square footage and bathroom. Cataraqui Region Conservation Authority has already issued a permit for the construction of the total 360 square feet of additions proposed in this minor variance. Comments from Public Works were not required. The building department has no objections. There was discussion amongst the committee members regarding the proximity of the existing structure to the high water mark of a highly sensitive trout lake. How the increased runoff from the Page 8 of 96
7 roof could be adequately dealt with, with the result being that directing downspouts into French drains would improve the current situation even while increasing the overall footprint. Mr. Chinnery explained in detail why all three additions were needed, rather than just the water side ones. He wants to be able to move the location for the woodstove to more adequately heat the dwelling and increase safety by increasing the buffer zone around the unit. He also explained that the additions would permit him to add an indoor bathroom so he could install a new septic system at an increased distance from the lake while removing the existing outhouse and grey water pit. He agreed he could repurpose the grey water pit into the location where the downspouts discharged. RESOLUTION:
C of A: 17:11:08
Moved by: J. McDougall
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-45-17-B by Ian Chinnery to permit additions to an existing structure within the 30 metre setback from water, in Concession 10, Part Lot 9, Orchard Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-45-17-B Ian Chinnery Concession 10, Lot/Part Lot 9, 17 Orchard Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit additions to an existing structure within 30m of the water Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of three additions to an existing dwelling located 30 feet from the high water mark of Devil Lake. The total square footage of all three additions is not to exceed 360 square feet. None of the additions are permitted to encroach farther into the water setback than the existing dwelling.
- Minor variance MV-45-17-B 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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #11: MV-46-17-S (James Emmons) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.38 +/- acres with frontage on Harper’s Bay Lane and Loughborough Lake. The property is currently developed with a single detached dwelling located approximately 26 feet, including a 12 foot wide deck, from the high water mark of Loughborough Lake. The proposal is for the construction of an 80 square foot addition to the existing dwelling. The exterior porch proposed as an addition is currently partially enclosed with a roof and one wall and is located on the non-water side of the existing dwelling. This addition is approximately a 5% increase in footprint. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments were not required from KFL&A Public Health. Page 9 of 96
8 Cataraqui Region Conservation Authority has no objections to the application as submitted. They have indicated that while the West Basin of Loughborough Lake is identified as a highly sensitive Lake Trout Lake there is no need for an additional Environmental Impact Assessment. Comments from Public Works were not required. The building department has no objections.
RESOLUTION:
C of A: 17:11:09
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-46-17-S by James Emmons to permit an addition to an existing structure within the 30 metre setback from water, in Concession 7, Part Lot 13, Harper’s Bay Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
MV-46-17-S James Emmons Concession 7, Lot/Part Lot 13, 3159 Harpers Bay Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit additions to an existing structure within 30m of the water Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 80 square foot addition to the existing dwelling at 3159 Harper’s Bay Lane. This addition is to be on the non-water side of the dwelling and will fully enclose an existing partially enclosed exterior porch.
- Minor variance MV-46-17-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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #12: MV-47-17-S (Randy Ruttan) Speaking to the Application: Randy Ruttan Discussion: The subject land consists of 8.33 +/- acres with frontage on Buck Lake and an unevaluated wetland area. The property is currently vacant. The proposal is for the construction of a 400 square foot footprint, seasonal dwelling to be located a minimum of 80 feet from the high water mark of Buck Lake. This dwelling would have a 250 square foot loft in order to meet the Township’s minimum 635 square foot gross floor area requirement for a principal dwelling. Of the 8.33 acres the property encompasses, approximately 5 acres is wetland area, with the remaining 3.3 acres of land broken into multiple small islands. The proposed dwelling would be located on the largest of these parcels in a natural plateau with a ridge of land between the proposed location and Buck Lake; this rise will aid in directing runoff away from Buck Lake and into the wetland area. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments were not required from KFL&A Public Health as the applicant has indicated there is to be no plumbing in the dwelling. Page 10 of 96
9 Cataraqui Region Conservation Authority has no objections to the application as submitted. They have indicated that while Buck Lake is identified as a highly sensitive Lake Trout Lake there is no need for an additional Environmental Impact Assessment. They stated that the topography of the property will direct runoff away from the lake and into the inland wetland area. Comments from Public Works were not required. The building department has no objections. Planner L. Mills visited the site and said considering the topography of the lot with the rise of land between the proposed dwelling and Buck Lake and the inland wetland areas this was the best location for the dwelling. Despite the initial application stating there was to be no plumbing in the structure and therefore no need for KFL&A comments the committee members expressed concerns regarding disposal of potential grey water. This concern was validated when the applicant indicated the intention to have a kitchen area with a sink for washing dishes. Due to the changes from the original application the committee opted to defer a decision until it could be confirmed if comments from KFL&A were needed, depending on the final plans of the applicant. RESOLUTION:
C of A: 17:11:10
Moved by: J. Sherbino
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-47-17-L by Randy Ruttan to permit construction of a dwelling within the 30 metre setback from water, in Concession 11, Part Lot 22, Buck Lake, District of Loughborough, subject to KFL&A comments if needed. Carried Item #13: MV-48-17-B (Kurt Stouffer & Ronald Stouffer) Speaking to the Application: None Speaking Discussion: T The subject land consists of 0.92 +/- acres with frontage on Pollywog Lake and Perth Road. The property is currently developed with multiple detached accessory buildings. There was a trailer on the property which has recently been removed. The proposal is for the construction of a 24 foot by 40 foot (960 square feet) seasonal dwelling to be located a minimum of 14.6 metres (48 feet) from the high water mark of Pollywog Lake. The topography of the property is stepped with two plateaus separated by two rock cliffs. The proposed location of the dwelling is on the lower of the two plateaus up against the rock cliff. There is a hydro line which runs along the edge of the upper plateau which drastically limits the ability for the applicant to increase the setback from the water. To obtain the 48 foot setback from the water the applicant is requesting a reduction in front yard from 20 metres to 12 metres. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. RESOLUTION:
C of A: 17:11:11
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-48-17-B by Kurt Stouffer and Ronald Stouffer to permit construction of a dwelling within the 30 metre setback from water, in Concession 12, Part Lot 4, Perth Road, District of Bedford, subject to KFL&A approval for potential grey water pit. Carried Item #14: MV-49-17-B (Gloria Beach and Scott Duckworth) Speaking to the Application: Scott Duckworth Discussion: The subject land consists of 9.54 +/- acres with frontage on Oak Bluffs Road and Alder Lane. The property is currently developed with a single detached dwelling. The proposal is for the construction of a 40 foot by 50 foot (2000 square feet) detached accessory building, with a finished height of 23 feet, to be located a minimum of 20 metres from the front property line. The topography of the
Page 11 of 96
10 property including large rock outcroppings and a stream which runs approximately 100 feet behind the existing dwelling limit the opportunities for locating the accessory building behind the house. The Planning Department is unable to support the application. Comments were not required from KFL&A Public Health, Cataraqui Region Conservation Authority or Public Works. The building department has no objections.
RESOLUTION:
C of A: 17:11:12
Moved by: J. McDougall
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-49-17-B by Gloria Beach and Scott Duckworth to permit construction of an accessory building in the front yard, in Concession 7, Part Lot 34, Oak Bluffs Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-49-17-B Gloria Beach and Scott Duckworth Concession 7, Lot/Part Lot 34, 301 Oak Bluffs Road, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.24.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building in the front yard and section 12.3.2 to permit an increase in height of an accessory building Date of Hearing: December 14, 2017 Date of Decision: December 14, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a 2000 square foot detached accessory building, with a maximum finished height of 23 feet, to be located a minimum of 20 metres from the front property line.
- Minor variance MV-49-17-B 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. Item #15: Adjournment RESOLUTION: Moved by: K. Gee
C of A: 17:11:13 Seconded by: R. Sleeth
THAT the December 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:10 p.m. to reconvene at 7:00 p.m. on Thursday, February 8, 2018 or at the call of the Chair. Carried
Alan Revill Chair
Lindsay Mills Secretary-Treasurer
Page 12 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: February 5, 2018 Application No: Owner: Location of Property:
S-57-17-P Neil Morey Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: December 14, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND This application was originally brought to the committee in December 2017, but was deferred pending receipt of comments from KFL&A public health on septic suitability for the proposed lot. These comments have been received and are favourable. The subject land consists of 178 +/- acres (72.0 hectares) with frontage on Hinchinbrooke Road North. The lot is currently developed with a single detached dwelling and accessory building. The proposal is for the creation of a minimum 2 acre residential lot with a minimum of 76 metres of frontage on Hinchinbrooke Road North. The retained parcel will be approximately 176+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Current Zoning: Rural Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments were not required from Quinte Conservation Authority. KFL&A Public Health has no objections to the application. Public Works has no objections. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-57-17-P shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Hinchinbrooke Road North.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
Page 13 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 6. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-57-17-P.
ATTACHMENTS Map of Morey Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 14 of 96
µ
300 Hinchinbrooke Road North MOREY S-57-17-P 1023 Pepper Lane
Legend Morey Proposed Lot Morey Property
RO O
KE R
O AD
NO R
TH
PEPPER LA NE
HINB
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
HINC
101 Hinchinbrooke Road North
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 1:2,300 Bass Lake
0
10
20
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80 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: February 6, 2018 Application No: Owner: Location of Property:
MV-31-17-L Jason Martin Concession 6, Lot/Part Lot 21, Wild Flower Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water and a reduction in the setback from a private lane Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from water be considered for passage.
BACKGROUND This item was originally brought to the Committee in July 2017 but was deferred following a recommendation of Cataraqui Region Conservation Authority to complete a slope stability study to ensure the relocation would not adversely affect the hill. This report has been completed, and a few small design changes have been made to the dwelling to accommodate retaining walls and ensure proper drainage. The minimum setback and maximum proposed square footage will remain unchanged. The subject land consists of 1.26 +/- acres with frontage on Wild Flower Lane, North Shore Road and Loughborough Lake. The property is currently developed with a dwelling and detached accessory building. The proposal is for the demolition of the existing dwelling and the construction of a new dwelling farther from the lake. The proposed dwelling is to be 32 feet by 50 feet with a walkout basement and is to be located a minimum of 26.6m from the high-water mark of Loughborough Lake and a minimum of 2.5m from the edge of Wild Flower Lane. The proposal significantly increases the setback from the water as the current dwelling is located approximately 10m from the high-water mark. The topography of the lot limits the ability of the applicant to increase the setback any more than proposed. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Page 16 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS KFL&A Public Health have no objections. Cataraqui Region Conservation Authority has requested deferral of the application pending the receipt of a favourable geotechnical analysis of the slope stability. They have indicated that this study will be required at the CRCA permit stage as well as to satisfy the minor variance. CRCA is in support of an increased setback from the water for the principal dwelling but are concerned the valley slope could be unstable and/or unable to support the weight of a building in this location. They are also concerned over the effect the addition of sewage effluent into the bank slope could have on the stability. UPDATE: The slope stability report has been completed by Concord Engineering, and a few small design changes have been made to the dwelling to accommodate retaining walls and ensure proper drainage. Comments from Public Works were not required. The building department has no objections.
CONDITIONS
- This minor variance is for construction of a maximum 1600 square foot footprint, single story dwelling with walkout basement to be located a minimum of 26.6 metres from the high water mark of Loughborough Lake and a minimum of 2.5 metres from Wild Flower Lane.
- Minor variance MV-31-17-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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Martin Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta Page 17 of 96
µ 4791 North Shore Road
RT NO
H
OR SH
E
R
4826 North Shore Road
D OA
MARTIN MV-31-17-L
4816 North Shore Road
Legend Martin Property Martin Proposed Dwelling Existing Buildings
1026 Wild Flower Lane
A ER L LOW F D L WI
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
NE
1012 Wild Flower Lane
Loughborough Lake
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.
Page 18 of 96
Scale 1:757 0
3.75 7.5
15
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UTM Projection NAD 83
30 Meters
Page 19 of 96
Ms. Jennie Kapusta (MV-3 1-17-L) July 13, 2017
Discussion |‘h|: main |‘I.I avoidance nub Lntnri-:|’:h:I!.’ll:l. The interests of the CRCA with tlll application nr?.|.I.:u|u;|F.;|.||;,|Ia? In the respect to this of natural ].y_?-? hazards [.;.II (e. g. III:ttg:.I:|:’.|1 |;f||:::I.‘I1 are ?ooding and erosion) associated with the shoreline of Loughborough Lake, the stability of the valley slope, and the protection of the water quality of the lake. Staff note that the property is subject to Ontario Regulation 148/06 (see discussion below).
Natural Hazards Flooding: The 1:100 year ?ood plain for Loughborough Lake is 125.48 metres geodetic. The CRCA’s Guidelines for Implementing Ontario Regulation 148/06 requires that all development be set back a minimum of 6 metres from the regulatory ?oodplainof a waterbody. Based upon elevation mapping data and site observations, the proposed development will be located outside of the setback from the regulatory ?ood plain. Therefore, staff have no concerns with the proposal from a ?ooding perspective. Erosion: Typically, the CRCA de?nes the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for till embankments of 3(h):1(v), plus an erosion access allowance of 6 metres. Section 3.3.2.(3.) of the CRCA’s Guidelines for Implementing Ontario Regulation 148/06 that a 6 metre access allowance setback be provided from the stable top-of-valley. However, requires ;qdJu$II5m:t:II:-iJcn’mn:&:I.h;:cn’idn|‘Emth:&:uq:-aFn1£:y. |=|rIIIrn.II’.||:in this due primarily site instance, the to is constraints, applicant proposing the to construct dwelling on the E:i%:n.p:muU1?nh:?%‘h_?lq1:I:n’tIp’:galT,[nurn’Lu1utI.?1?]qgI1¢ slope. Therefore, it is very important to consider the relative stability of the slope on which the valley u1Lq’£qu.|‘IlI’hI.Hu?1mTrmdmn1?iI’tu?nH¢?1-?ryqr?¢+Hg¢p;qhj,?|1: building is being constructed. During the site visit, staff observed that the toe of the slope has been ‘|’="¢l’|l|l’=|Il-|’||ElIl’|’|-=|IlI’| rl?f£‘J’|IH’II|1Hl.’?iJI’E||:IIh’r1-1’ld|lrh.ruII1’:IIupIr&bnu: partially removed and is showing signs of erosion. Additionally, the slope appears to consist of deep till overburden and staff were unable to determine the depth to bedrock. I
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Staff are concerned that the valley slope could be unstable and/or unable to support the weight of a building in this location. Staffare also concerned that the installation of a septic system and the addition of sewage ef?uent into the bank slope could also be detrimental to the stability of the slope. Global failure of the bank due to allowing development to occur on the side of the slope could have disastrous results.
Based on the discussion above, sta?’are unable to support the variance application from an erosion hazard perspective. Sta? recommend that the municipality require the applicant to undertake a geotechnical analysis ofthe valley slope prior to approving the minor variance application. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to IL1:L_r:LI.Lu.|J.||LJ.||-.jJuu-.3.-aJJa.uJaJJ.L1-.Ir.Luj.I. I-‘I.-’-I-I. ‘|:I’:1.:IJ.::|:I1:I::rI’¢‘r’inI,‘uhtg.’:I:|q1.::ttg.’:-Fl’:tIr protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning .||.:::II:t:|,|;|’|I_E|lI:|’|’|‘l:I.IJI|‘Ll1I.I.l.i|I.’|.Ilu1,| for the Township of South Frontenac provide guidance with respect to how development should By-law ?y4mEI’LkTnIn.t:pn£bbd1Fj’I:FmL?FH.nuI?.nqn:uHu.1p?Lapu?1?.h? occur in consideration of protecting, improving and restoring water quality within the municipality. -::u’m::I:h’mmM|numT.pwpw?qIdraq;miI.puq;?E?f??|h.:;?dnH:,-_ |’|‘Il-‘5’H|’-‘-’|lL|’.’ seek I:I?IEl.I:‘I.l Similarly, CRCA’s Planning Policy [.".,|I|’|.L (April, 2015) contains provisions that 5-|l’||’-l|’|:I’.the H-Il|l:|. Tl:||.iIi|’_|’ _-.:I.r-“lIiI.|I:I Ind. to hm support these h III:|:I|:I:I-I. EEIIEI .-.-I.-I.I-.-I.I|..|.
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Section 5.2.7 b)(i) of the Of?cialPlan for South Frontenac Township suggests that a 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. In this instance, the applicant is removing an existing non-complying structure and constructing a new structure further back from the lake. Staff are pleased that the applicant is moving the structure further away from Loughborough Lake.
Page 2 of 3
Page 20 of 96
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?I|1:Ip’:I|:I:I’|.iI:IIi_|:’:i.:I1HEmn.l’.’nII:’.’|.I.::|’:L ‘iI’i’i:nI:I..|’.&I’:I..‘II|1’i’hI’.‘pn’::—n’.:I’:I:t-I: nH.:’::I.|[I1:L’iIl:H.I’;l.pI1u’h:b.’:I:Im.::lh.E:|.||iuI. At the permitting stage, ai,!Iahnil?w’@.IIp:qw-?¢1a??.’;??IpIq|?¢;;p-a’.1u[gr.nu-pd’.5, geo-technical study prepared by a quali?ed professional will be requested by .-l.’:I.||IlI’III.’::|.II¢n.I.g-I CRCA sta? The report must demonstrate to the satisfaction |7|‘r-‘U|=I|.|T TIlHj!h”?hl’#nnfm#H-H+nFhEn’rn:fJ?.L"I1n’Him’?I1:bn’rn?r:q’h!r ofstay?’that the valley slope can be safely developed in order for stajf to recommend approval ofa permit under Ontario Regulation 148/06. The Ilih: ¥rn{mHhw?*_?I’n|q!“hnnrmn|:[qprn’fapn?Jm&’l3dI1a.Equ!mm.’+E?? that the is prepared minor variance generally be at is utilized report the stage to at permitting .‘urfLH?i?mm’-‘M?imu’Iuba:?jI’hgIuuHr:q?nnImh?2¢na’dLhpn’_1iq sufficient stage. n=:IrI-
Staff recommend deferral of application MV-31-17-L based on our consideration —i natural heritage, and water quality and quantity protection policies. hazards, l::I:Ih,1?In.|h.-%,:IdI’:tI’q1t?1|’.ndq1=tE]IpI’:?:Hu-upilun. ZT
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Please inform this of?ce of anydecision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca
Page 21 of 96
_
CONCORD ENGINEERING
_
755 Baker Crescent
“’""‘.l:?’<2’.“iI6“3Z.l"4§ Z‘3Fax: (613) 634-4353 E-mail: concorde@kos.neI JOnuOry 26, 2018
MR.JASONMARTIN 1028 WILDFLOWER LANE ROAD, ON KOH2L0 PERTH
RE:
SLOPE& EROSION ASSESSMENT 1028 WILDFLOWER LANE ROAD, ONTARIO PERTH Our Reference No. 17-0611
1.0 INTRODUCTION
This leTTerreporfs O geoTechnicOl Ossessmenf cdrried ouT OTThe Obove cOpTioned properTy To Oddress nOTurOlhOzOrdS. The subI’ecTproperTy includes wOTerfronT on Loughborough Loke Ond concerns sloping ground overlooking The lOl<e. The properTy is locOTed beiween NorTh Shore Rodd Ond Loughborough LOl<e,Ond Olong wiThneighbouring dwellings, is Occessed by Wild Flower Lone. The OssessmenT is inTended To evOluOTe The risk of slope foilure Ond erosion wiTh regord To The consTrucTion Of O dwelling OpproximOTely 20 meTres from The high wOTer mdrk. The OssessmenT is bdsed on On exominoTion of The slope conducfed in June 2017, Os well Os on Orchivdl Ond policy review. For The purposes of This reporT The serviceobilify period is considered To be one hundred yeOrs.
2.0 BACKGROUNDAND OBSERVATIONS The locOTion of The SiTe is presenTed on Drawing No. 1[4, OTTOched Ond phoTos of The properTy Ore included in Appendix ‘A’. SiTe Topogrophy Ond feOTures Ore ouTlined on Drawing No. g. The IOTcomprises 1.1 Ocres wiTh some 27 meTres of wOTerfronT on Loughborough LOl<e. The wOTer flow in The |Ol<e is confrolled by POrl<sCOnOdO Ond OTTOwOEnergy. The Topogrophy is generolly defined by Two Terroces, one OTThe wOTerfronT Ond O second mOrginO| To NorTh Shore Rood. The lOl<eside Terrdce OccommodOTes Cl single sTorey wood frome home locOTed in close proximiTy To The loke Ond The Ollowdnce for Wild Flower Lone. The proposed dwelling would repldce The exisTing Ond is s|OTed for The oTher side of The roOd Ollowonce, furTher from The ldke, Of The bdse of The slope SepOrOTing The Terroces, The Slope is OpproximOTely 5 meTres in heighT, consisTing of Cl limesTone escOrpmenT To The wesT Ond O sdnd bluff Through mosT of The properTy. The bluff rises sTeeply some 2.5 meTres Ond Then more groduolly TowOrd NorTh Shore Rood.
The proposed building locdfion is OpproximOTely 20 meTres from The high wOTer mOrl<Ond pOrTly embedded in O bluff wiTh O bOSemenT wOll<OuTTo TOl<eOdvOnTOge of The nOTurOl Terrdin. There is Olso The possibilify of O cOrporT exfension To The wesT ThOTwould cover on exisTing drilled well. A newer sepTic sysTem hos been insTOlled norTh of The exisTing dwelling Ond dischorges To O filTer bed locOTed on The higher ground TowOrd NorTh Shore Rood. The sepTic TOnl<Ond pump chomber would need To be relocOTed in concerT wiThconsTrucTion of The proposed dwelling. CONCORD ENGINEERINGo/u 1112185 Ontario Inc.
Page 22 of 96
Reference No. 17-0611
Reference to geological mappings of the area indicates buff and green siltstone, dolomitic limestone, and crystalline limestone of the Gull River Formation (middle member) that is exposed or with less than 1 metre of drift cover. A search of the MOECC’s on—line interactive well record mapping database for the supply well tagged as A100323, indicates 1028 Wild Flower Lane as the address and describes the subsurface as 4.27 metres of brown sand and gravel overlying 6.4 metres of red/grey sandstone, with granite below. The well record is included in Appendix ‘B’. Well records searched in the area indicate intercepting granite between 0.46 metres and 3.05 metres below grade, and are included in Appendix ‘C’, for reference. Soil mapping shows shallow bedrock with pockets of various soils including sand and gravel derived from ice contact deposition.
Site reconnaissance was performed on October 3rd, 2017. As described, the landscape features a slope that was formerly a terraced garden bed, with the unaltered areas vegetated with a mix of coniferous and deciduous trees and shrubs, as well as some grasses and shrubs at higher elevations. The removal of the garden infrastructure has resulted in a steep slope comprised of sand. Further toward the lake one encounters a relatively level gravel driveway limited by a retaining wall and the existing lakeside dwelling below. Two test pits were excavated at the proposed building site using a backhoe provided by the property owner. Test pit locations and current slope profiles are included in Drawing Nos. 2[4 and 3[4. Conditions and stratigraphic details outlined in Enclosures 1 and 2 are summarised in the following passages. Both test pits encountered loose medium—fine grained overburden. At Test Pit 1, located toward the west end of the proposed dwelling, granodiorite bedrock was identified at depths ranging from 1.52 metres to 2.90 metres (elevations of 130.32 128.94 metres) sloping steeply towards Loughborough Lake. Neither Test Pit 2, advanced to 1.52 metres depth (elevation 129.21) east of the proposed dwelling, nor reportedly the excavation for the septic tank (1.83 metres depth corresponding to elevation 129.05 metres) intercepted the bedrock, although a number of significant boulders were observed. —
A sample of the soil from Test Pit 2 was submitted to Eurofins Laboratories of Kingston, Ontario for particle size analysis, and realised medium—fine sand with trace silt. Copies of laboratory documentation and Chains of Custody are included in Appendix ‘D’. Topographic elevations pertinent to the assessment were determined on October 3rd, 2017 using a CST/Berger automatic level equipped with a 20 times magnification scope. Alltopographic elevations were referenced to the top of the supply well casing, using an elevation found on a topographic survey of the property provided by the property owner.
3.0 DISCUSSION: Development setbacks along Loughborough Lake are typically based upon a 100-year erosion allowance and stable slope geometry. The attached Shoreline Classification System (for) Lake Ontario and the St. Lawrence River Cataraqui Region was referenced for discussion purposes. The slope at the future dwelling site would be considered High Till(>2m) and a 3:1 slope stability setback for the foundations from the shoreline and 15—meter erosion allowance would be stipulated for Lake Ontario. Reference to the slope section on Drawing No. 3[4 indicates that a conventional spread footing foundation would provide for the stability criteria plus a 4—metre erosion allowance. —
The proposed site is remote from Lake Ontario and the St. Lawrence River. Loughborough Lake follows the southwesterly grain of the regional terrain, which is coincident with the prevailing
Page 23 of 96
Reference No. 17-0611 3
winds. As a resulT The feTch affecTing wave acTion on The shoreline is less Than a kilomeTer or oblique. The exisTing reTaining walls are necessary To supporT The exisTing dwelling and Wild Flower Lane; These are sTable and in good repair. Areas removed from The former garden area/bluff were vegeTaTed adequaTely. There was no evidence of erosion scars in The exposed slope and The shoreline appears sfable. DeploymenT of silT fencing while commencing any subsTanTial demoliTion, renovdTion or excavafion is recommended aT The properTy. Spoil resulTing from excavafion aT The siTe should be sTored Toward The back of The properTy, aT a locaTion noT covered by The sepTic disposal bed, and covered as necessary To miTigaTe Turbid runoff. STraw bails and check dams may also be used To diffuse runoff Toward The slope.
The siTe fedTures boTh bedrock and granular soils ThaTare suiTable for bearing convenTional shallow foundafions. ITis recommended ThaT any foundaTions are availed enTirely To a single sTrdTum, i.e. wiThall fooTings consTrucTed eiTher all on bedrock or all on soil. This may enTail breaking of bedrock and The use of engineered fillTo provide sufficieni buffer over The bedrock. Reference To The parTic|e size gradaTion curve in Appendix ‘D’ and observaTions onsiTe suggesT ThaTThe sfable slope geomefry for The sand would be of The order of 4:1. The foundaTion for The walkouT basemenT will reTain The sTeepesT parl of The slope. AddiTional reTaining works will be required To supporT The sepTic sysfem and The grounds immedidTely behind The dwelling To afford proper grading around The dwelling. A grading concepT is included as Drawing No. 4[4, aflached, and accounTs for paTTerns prescribed by The exisTing Topography as well as The proposed dwelling and reTaining works. A landscaped apron behind The dwelling would have To be graded wiThsand and finished wiTh Topsoil. Discharge from The apron should be conveyed via swales To The genTle lakeside Terrace prior To reaching The lake. DisTurbed areas would need To be resfored, using Topsoil and erosion maTs as necessary, and seeded To promoTe re—growTh. MiTigaTion of damage To The currenT vegeTaTion on The slope would need To be prioriTised during consTrucTion and landscaping.
4.0 CONCLUSIONS:
This lakeside properTy is limiTed in exTenT, by sloping Topography and The presence of granular soils prone To erosion. The proposed building loT represenfs an improvemenf over The exisTing developmenT, being furTher from The lake Than eiTher The exisTing dwelling or The allowance for Wild Flower Lane, boTh of which are supporTed by reTaining sTrucTures. These reTaining sTrucTures are effecTive and serviceable buT will require rouiine mainfenance in order To susfain access To The subjecf and adjacenT properTies. The proposed developmenT will also require addiTiona| reTaining works and landscaping measures behind The dwelling To proTecT The vegeTaTion and soils from erosion and To miTigaTe channelizaTion. Recommenda?ons have been provided To This end, The resulTs of which would need To be moniTored, and augmenTed if warranTed. lmplemenTaTion proceed in accordance
of The prescribed meThods will allow The proposed developmenT wiThSecTion 3.1 of The Provincial Policy STaTemenT aT The properTy.
To
Page 24 of 96
Reference No. 17-061 1 4
We TrusTThoTThis reporT is To your soTisfooTion. Should you hove ony quesTions or concerns regarding Thissubmission, pleose conToIoT our office. Yours Truly, CONCORD ENGINEERING
Miohoel ZylsTro EnvironmenTol TeohnologisT
R. Dovid Oliver, P.Eng.
Enol.
Page 25 of 96
Page 26 of 96
Ref.No.: i7—O61i 1 Report No. Drawing No. 2/4
CONCORD "
ENGINEERING Tel: Fax:
755 Baker Crescent Kingston, Ontario K7M 6P5
Project:
Page 27 of 96
15 metres
0
50 feet
613
634-4357 634-4353
Slope Assessment 1028 Wild Flower Lane
®
Perth
L
I
E—mai|:
E611?
D"0Wi”95 Test Client: Designer:
Road,
Ontario
Pit Locations
Mr. Jason
and Profiles
Martin
Dwn by: M2
Chd by:
Date:25—Jon——18
RefNO317-0611 1 Report No. Drawing No. 3/4
,.___..j.,
/ / / /
Z
Z
X
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ENGINEERING Tel: Fox:
755 Baker Crescent Kingston, Ontario K7M 6P5
Project:
E—moi|:
613 613
634-4357 634-—4-353
Slope Assessment 1028 Wild Fiower Lone
Page 28 of 96
Rood, Ontario
Perth
D"0Wi”93 Section Client:
—
Mr. Joson
Existing Slope Martin
Dwn by: M2
Chd by:
Date: 25-Jan-18
Ref.No.: l7—O6ll 1 Report No. Drawing No. 4/4
/
\
“iii
Legend D
o
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Benchmark Assumed datum
Site
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Property
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J
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136.00
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Elevation
(in metres) as»
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Test
Proposed Direction
it
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Drainage
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I 50 feet
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ENGINEERING
taut
Tel: 613 634-4357 534-4353 Fax: E—mail: concorde©kos.net
755 Baker Crescent Kingston, Ontario K7M 6P5
Project:
Slope Assessment 1028 Wild Flower Lane
Page 29 of 96
Perth Road, Ontario Dl’°Wi”93
Grading
C“e”‘t5
Mr. Jason
Designer:
Concept
Martin
Dwn by: M2
Chd by:
Date:25-Jan—18
1 LOG OF BOREHOLE ..T.e.st..P.i.t..#
REF. No. 17-0611
CLIENT: Mr. Jason Martin PROJECT: Foundation Design LOCATION: 1028 Wild Flower Lane, South Frontenac, DATUMELEVATION: Geodetic
SUBSURFACE
PROFILE
Enclosure No.
1
DRILLINGDATA Method: Case 580 Backhoe Diameter: n/a Date: 03-Oct-17
Ontario
N—Va|ue
SAMPLES
MOISTURE CONTENTX
OBIows/0.3m 51062025303540 I
I
I
I
I
I
I
I
REMARKS
UNDRAINED SHEAR $TRENTGH,kPa new vAN:-|VPENEFROMETER. 50100150200
DESCRIPTION
llllllll
131.89-
GROUND SURFACE
Dark Grey Granodiorite intercepted at edge of borehole, steeply sloping in a southerly direction
medium to fine SAND, trace gravel and boulders compact brown dry moist
»
12a94_ Refusal on Sloping Bedrock END OF TEST PIT
V PENETROMETER ENGINEERIMS
Q COMPRESSIONTEST
Drawn By:
+FlELD VANE TEST 0 ‘N’ VALUE
Ch’d By:
MZ
Page 30 of 96
REF.No.
2
LOG OF BOREHOL:
17-0511
CLIENT: Mr. Jason Martin PROJECT: Foundation Design LOCATION: 1028 Wild Flower Lone, South Frontenac. Ontario DATUMELEVATION:Geodetic
SUBSURFACE
PROFILE
- E
<
an
E
Ev
E
g
MOISTURE CONTENTx
N‘V°‘U°
Oalaws/0.3m
“51o152o253o354o
5’D.3$El2~§‘1"““vFp UNDRNNEDSHEAR STRENTGH-’<F’°
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DESCRiPT|ON
V
§5
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DRILLINGDATA Case 580 Backhoe Method: Diameter: n/a 03-Oct-17 Date:
SAMPLES
2
Enclosure No.
50100150
200
20406030100
_t/J1 S
M —_J
at
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2
§
§
V."“[|—‘JE
REMARKS
milllltlllllll
GROUND SURFACE
0
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dry
_
medium to fine SAND with trace organics brown
0.74
129.99“ "
T
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medium to fine SAND, some silt, trace gravel brown
1.52
129.21
END OF BOREHOLE _
2
_
_
3
_
_
4
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_
5
_
_
5
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7
…
8 V PENETROMETER
C NCDRD ENGINEERING
Q COMPRESSlON TEST +FlELD VANE TEST O _N, VALUE
Drawn By: , Ch d By:
MZ
Page 31 of 96
Appendix
‘A’
Sife Phofos
Page 32 of 96
Photo 1: Proposed
Dwelling Locofion
Page 33 of 96
Appendix
‘B’
MOECC Well Record For A100323
Page 34 of 96
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Page 36 of 96
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Approval: Addri e Thomas Supervisor, lnorganics 8-146 Colonnade Road, Ottawa. ON, K2E 7Y1 Form: AFPARTlCLE.5
Page 41 of 96
Page 42 of 96
Environmental Health Department 221 Portsmouth Avenue Kingston, Ontario K7M 1V5 (613) 549-1232
Public Health
F,1;i2‘i‘§,6§;S.8Zf38
REQUESTSFOR COMMENTS
http://www.k?apub|ichealth.ca Jennie Kapusta, Planning Assistant Township of South Frontenac 4432 George Street Sydenham, ON, KOH2T0
To;
Application Number:
MV~31-17«L
Type of Application or Proposal:
Minor Variance
Applicant Name(s):
Martin, Jason John
Location:
Lot 21, Concession 6, 1028 Wildflower Lane
Plannin g De p artme n t or Agency:
Comments:
’nSpector’
Date:
Township of South Frontenac (Loughborough)
KFL&APublic Health has no objections to the minor variance
.
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Public Health Inspector Miranda lezzi, c?-i}(cl,
July 13, 2017
PLEASE FORWARD A COPY OF THE NOTICE OF DECISIONTO 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) 5494232 ext. 1243 or 14800267-7875.
Page 43 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: February 6, 2018 Application No: Owner: Location of Property:
MV-46-17-L Randy Ruttan Concession 11, Lot/Part Lot 22, Buck Lake, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of a dwelling within 30m of the water, and section 10.3.1 to permit a reduction in rear yard Date of Hearing: December 14, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction of a dwelling within the 30 metre setback from water be considered for passage.
BACKGROUND This item was originally brought to the committee in December 2017, but was deferred due to questions surrounding the possibility of including plumbing in the dwelling and needing a site evaluation for a grey water system. The applicant has confirmed that there will be no plumbing in the proposed dwelling and therefore there is no need for further evaluations. A condition to this effect will be added to the approval. The subject land consists of 8.33 +/- acres with frontage on Buck Lake and an unevaluated wetland area. The property is currently vacant. The proposal is for the construction of a 400 square foot footprint, seasonal dwelling to be located a minimum of 80 feet from the high water mark of Buck Lake. This dwelling would have a 250 square foot loft in order to meet the Township’s minimum 635 square foot gross floor area requirement for a principal dwelling. Of the 8.33 acres the property encompasses, approximately 5 acres is wetland area, with the remaining 3.3 acres of land broken into multiple small islands. The proposed dwelling would be located on the largest of these parcels in a natural plateau with a ridge of land between the proposed location and Buck Lake; this rise will aid in directing runoff away from Buck Lake and into the wetland area. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained? Page 44 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments were not required from KFL&A Public Health as the applicant has indicated there is to be no plumbing in the dwelling. Cataraqui Region Conservation Authority has no objections to the application as submitted. They have indicated that while Buck Lake is identified as a highly sensitive Lake Trout Lake there is no need for an additional Environmental Impact Assessment. They stated that the topography of the property will direct runoff away from the lake and into the inland wetland area. Comments from Public Works were not required. The building department has no objections.
CONDITIONS
- This minor variance is for the construction of a 400 square foot footprint dwelling with a 250 square foot loft to be located a minimum of 80 feet from the high water mark of Buck Lake and 30 feet from the rear property line. This dwelling is not permitted to have any plumbing.
- Minor variance MV-46-17-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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Ruttan Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 45 of 96
RUTTAN MV-47-17-L
Legend Ruttan Property Ruttan Proposed Cottage
Buck Lake
Proposed Cottage 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.
Page 46 of 96
Subject Property
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1641 Perth Road, P.O. Box 160 Glenburnie, Ontario KOH1S0 Phone: (613) 546-4228 Toll Free (613 area code): 1—877—956—CRCA Fax: (613) 547-6474 E—mai|: info@crca.ca Websites: www.crca.ca 81 www.c|eanwatercataraqui.ca
In Conservation
0 N TA RI 0
Natural Champions
Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0
Dear Ms. Kapusta:
Re:
Application for Minor Variance MV-47-17-L (Ruttan) Part Lot 22, Concession 11; 5 South Branch, Buck Lake Loughborough District, Township of South Frmiienac Waterbody: Buck Lake
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration. The property was not visited.
The proposal involves the construction of a single-family dwelling on the subject property. The variance is requested to: 0 Reduce the required setback from the high water mark from 30 metres, as required by Section 5.8.2.(l.) of the South Frontenac Zoning By-law, to 24.4 metres in order to permit the construction of a dwelling. Site Description
The property is located on the west side of the south branch of Buck Lake. The topography of the site can be characterized as having a high bank adjacent to the lake with a relatively ?at plateau area between the top of bank and the property line to the west where the dwelling is proposed to be located. It is our understanding that the property is accessed by boat. The property is currently designated ‘Rural’ and ‘Provincially Signi?cant Wetlands’ in the Of?cial Plan and ‘Limited Service Residential Waterfront Zone’ (RLSW) in the Zoning By-law for South Frontenac Township. Buck Lake has been designated as a highly sensitive Lake Trout Lake in the Of?cial Plan for South Frontenac Township. —
Page 47 of 96
Page 48 of 96
Recommendation Recommendation
Page 49 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: January 31, 2018 Application No: Owner: Location of Property:
S-63-17-L George Hamilton and Carol Milligan Concession 13, Pt. Lot 24/25, Twisty Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create an extension to a right-of-way Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 12 +/- acres with frontage on Buck Lake and Twisty Lane. The land is currently vacant and has Provisional Consent through application number S-34-17-L to be severed from 1051B Twisty Lane. The application is for the creation of an approximately 355 metre extension to the existing Twisty Lane. This lane extension will be surveyed and constructed according to the Township’s Standard for new private lanes. The severance (S-34-17-L) will be required to be completed prior to the creation of this right-of-way extension. The purpose of the extension of the right-of-way (Twisty Lane) is to facilitate continued access to the northern part of 1051B Twisty Lane. The planning department is able to support the application for the proposed right-of-way extension. Current Zoning: Limited Service Residential Waterfront – Special Zone 119 (RLSW-119) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Public Works has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A public health and the building department.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-63-17-L shall be for the creation of an approximately 355 metre extension to the existing Twisty Lane right-of-way.
- The right-of-way extension shall be surveyed and constructed according to the Townships standards for new private lanes.
- 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. Page 50 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
ATTACHMENTS Map of Hamilton/Milligan Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 51 of 96
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HAMILTON-MILLIGAN S-63-17-L
Legend Hamilton Property Proposed Twisty Lane extension
Buck Lake
EN ROAD BILLY GRE
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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.
Page 52 of 96
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: January 31, 2018 Application No: Owner: Location of Property:
S-01-18-L Joe Rodrigues Concession 8, Pt. Lot 17, Wilmer Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND This item was originally brought to the committee in December 2016 and was granted Provisional Consent. The applicant was unable to meet all required conditions within the one year time period and as such is resubmitting the same proposal. The subject lands consist of 11.6 +/- acres with frontage on Wilmer Road. The land is currently developed with a single detached dwelling. The application is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m frontage along Wilmer Road. The retained parcel will be approximately 8.1+/- acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed new lot. Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Public Works has no objections but indicated that the entrance for the proposed lot must be constructed at the crest of the hill due to limited sightlines. Comments were not required from Cataraqui Region Conservation Authority. KFL&A public health and the building department have no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-01-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
Page 54 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-01-18-L in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-01-18-L.
ATTACHMENTS Map of Rodrigues Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 55 of 96
WIL ME RR
OA D
µ
RETAINED PARCEL
RODRIGUES S-01-18-L
Legend Rodrigues Property Rodrigues Proposed Lot
5537 Wilmer Road
Proposed Lot
55
Page 56 of 96
5492 Wilmer Road
18
W
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er
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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.
ad
Scale 1:4,404 0
IE RITCH
RO AD
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UTM Projection NAD 83
r
lKFl&A
‘:’,hx’=:: :Health/+
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http://www.kflapublichealth ca
CONSENT TO SEVER
Environtnental Health Departmem
INSPECTION REPORT
i
File Number: S-67-16-L
l
Receipt Number: SK-48-16
Owner(s):
Rodrigues, Jose Ward / Former Township: Loughborou@h
Municipality:
Township of South Frontenac 13R21353
8
17
PlanofSubdivision: l Sublot:
Part(s}:
Registered Plan:
Concession:
Lot:
1
General Desgiption (existing buildings, surface features, slopes, site serv(ces far water and sewage, etc)
Severed: The proposed severed lot consists of mixed woods, rock outcrops and low-Iying swampy area. The
proposed severed lot is bordered by a neighbouring Iot to the southwest, Wilmer Road to the west, the proposed retained lot to the north, and neighbouring lots to the east and south
Retained: The proposed retained lot consists of mixed woods, rock outcrops and low-lying swampy area. The proposed retained Iot is borderes by Wilmer Road to the west, a neighbouring lot to the west and the proposed severed lot to the south.
S?oiltype, depth and-water?table on each part of potential reaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable. Grade
;ilt and clay; water RocA
Retained
Depth of Soil
Severed
0.0 m 0.3 m
0.6 m 0.9 m 1.2 m 1.5 m
r
l
Percolation rate (estimated):
Percolation rate (estimated):
NOTEi the approval of any new lot }s based on its suitability to provide art area for a Class 4 sept}c tank system for an average 3 bedroom home, Approval to build a larger home on this lot wi€M be subject to availability of sufficient area for a Iarger septic tank system. Suitability for on-site sewage disposal;
l
SEVERED
Conditions: The proposed Iot is capable of providing flexibility in siting a sewage disposal system; however, the southern end of the lot is preferable.
9 Satisfactory
Soil conditions found on the Iot will require additional suitable granular soil
r Unsatisfactory
to construct a sewage disposal system Specific requirements for additional
9 Site Flexible
soil will be indicated on an Application to Construct a Sewage System prior to
r S?te Specific RETAINED
site development. Condttions:
9 Satisfactory W
l
Unsatisfactory
r site Flexible
r Site Specific
{
l Inspector: MatthewDoyle jApproved: , ,, CPHI(C), Public Health Inspector
Date:
December 02, 2016
]
7
PIEASE FORWARD A COPY OF THE NOTICE OF DECISION TO KFl&A PU81lC HEALTH. Persorial information on this form is collect:ed under the ;iiithority of the Building Code Act, arid wi!l be used for the administration of Public Health programs. Any questio(is about the collection of this information should be directed to the Manager of Environmental Health, KFL&A publIc Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1 -800-267-7875.
Page 57 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: January 31, 2018 Application No: Owner: Location of Property:
S-02-18-S Sheila and Robert Arthur Concession 3, Pt. Lot 19, 3866 Arthur Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 42 +/- acres with frontage on Arthur Road. The land is currently developed with a single detached dwelling and multiple detached accessory buildings. The application is for the creation of an 18 +/- acre lot with 108 m of frontage along Arthur Road. The proposed lot will encompass all the existing structures. The retained parcel will be approximately 23.5 +/- acres in size. The planning department is able to support the application for the proposed new lot. Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments were not required from Cataraqui Region Conservation Authority or KFL&A public health. Public Works and the building department have no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-02-18-S shall be for the creation of an 18 +/acre lot, with 108 +/- metres of frontage on Arthur Road which shall encompass all existing structures.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-02-18-S in lieu of parkland [Planning Act, s. 51(1)]. Page 58 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Arthur Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 59 of 96
µ
3897 Arthur Road
391
hur 0 Art
4201 Perth Road
ARTHUR S-02-18-S
d Roa
Legend Arthur Property Arthur Proposed Lot
3866 Arthur Road
3860 Arthur Road
PERTH ROAD
ARTHUR ROAD
4143 Perth Road
4121 Perth Road
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.
Page 60 of 96
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 1, 2018 Application No: Owner: Location of Property:
S-04-18-B Paul Snelgrove Concession 11, Pt. Lot 1, Milk Lake, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 19.2 +/- acres with frontage on Frye Lane and Milk Lake. The land is currently vacant. The application is for the creation of a 6.5 +/- acre lot addition with approximately 630 metres of frontage along Frye Lane. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 13 +/- acres in size. The planning department is able to support the application for the proposed lot addition. Current Zoning: Limited Service Residential Waterfront – Special Zone 53 (RLSW-53) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments from CRCA have yet to be received. Comments were not required from KFL&A public health or Public Works. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-04-18-S shall be for the creation of an 18 +/acre lot addition only to 8 Enchanted Lane, with 108 +/- metres of frontage on Frye Lane.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 61 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
ATTACHMENTS Map of Snelgrove Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 62 of 96
µ
204
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8 Enchanted Lane Frye
SNELGROVE S-04-18-B
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Snelgrove Lot Addition Parcel S-04-18-B
Re ta
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LE LE
N LA
8 Enchanted Lane
NE
Lot to be Enlarged
Big Clear Lake
Buck Lake Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Scale 1:6,000
PER TH
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LA Milk Lake
FR YE
Page 63 of 96
NE
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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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 1, 2018 Application No: Owner: Location of Property:
S-05-18-B Paul Snelgrove Concession 11, Pt. Lot 1/2, Enchanted Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 81 +/- acres with frontage on Enchanted Lane and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 6.5 +/acre lot addition with approximately 630 metres of frontage along Frye Lane. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 13 +/acres in size. The planning department is able to support the application for the proposed lot addition. Current Zoning: Limited Service Residential Waterfront – Special Zone 53 (RLSW-53) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments from CRCA have yet to be received. Comments were not required from KFL&A public health. Public Works and the building department have no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-05-18-S shall be for the creation of an 18 +/acre lot addition, with 108 +/- metres of frontage on Frye Lane.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 64 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
ATTACHMENTS Map of Snelgrove Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 65 of 96
µ
RO FR YE
204 Fr
AD
8 Enchanted Lane
SNELGROVE S-05-18-B
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Retained Parcel
Legend 204 Frye Lane property Milk Lake Property 8 Enchanted Lane
LE LE
N LA
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Snelgrove Lot Addition Parcel S-04-18-B
DE ER VA LL EY
COUNTRY LANE
NE
Big Clear Lake
Snelgrove Lot Addition Parcel S-05-18-B
E
Buck Lake Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Scale 1:6,000
PER TH
RO
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LA Milk Lake
FR YE
Page 66 of 96
NE
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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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 1, 2018 Application No: Owner: Location of Property:
S-06-18-B Paul Snelgrove Concession 11, Pt. Lot 1, 204 Frye Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 12 +/- acres with frontage on Frye Road and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 1.5 +/acre lot addition with 76 metres of frontage on Frye Road. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 10.5 +/- acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed lot addition. Current Zoning: Limited Service Residential Waterfront – Special Zone 53 (RLSW-53) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments from CRCA have yet to be received. Comments were not required from KFL&A public health or Public Works. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-06-18-S shall be for the creation of a 1.5 +/acre lot addition only, to 8 Enchanted Lane, with 76 metres of frontage on Frye Road.
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 67 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
ATTACHMENTS Map of Snelgrove Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 68 of 96
µ
FRYE ROAD
SNELGROVE S-06-18-B
8 Enchanted Lane
4 20
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8 Enchanted Lane Snelgrove Lot Addition Parcel S-04-18-B
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E
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Buck Lake
RO Milk Lake
PE RT H
Page 69 of 96
AD
FR YE
LA
NE
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.
Buck Lake
Scale 1:6,275 0
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 1, 2018 Application No: Owner: Location of Property:
S-07-18-B Paul Snelgrove Concession 11, Pt. Lot 1, 8 Enchanted Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 75 +/- acres with frontage on Enchanted Lane, Frye Road and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 72 +/- acre lot addition to 477 Lele Lane. The retained parcel will be approximately 2.0 acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed lot addition. Current Zoning: Limited Service Residential Waterfront – Special Zone 53 (RLSW-53) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments from CRCA have yet to be received. Comments were not required from KFL&A public health or Public Works. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-07-18-S shall be for the creation of a 72 +/acre lot addition only, to 477 Lele Lane (ARN 102901003005350).
- 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.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 70 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
ATTACHMENTS Map of Snelgrove Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 71 of 96
µ
FRYE ROAD
t to o L
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Snelgrove Lot Addition 4
E 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.
RO Milk Lake
PE RT H
Page 72 of 96
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PAYNE LANE
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RO A
204 Frye Lane
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Legend 204 Frye Lane property
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Buck Lake
Buck Lake Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
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TALL PINE LANE
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Milk Lake
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 1:8,406 0
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ROUSHORN ROAD
µ Big Clear Lake
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204 Frye Lane Reconfigured 477 Lele Lane Reconfigured
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Buck Lake
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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.
LA FR YE
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Scale 1:7,204
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Buck Lake
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Milk Lake
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 5, 2018 Application No: Owner: Location of Property:
MV-50-17-S Wayne Pugh Concession 11, Lot/Part Lot 10, 5390 Ramparts Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water and section 10.3.1 to permit a reduction in side yard Date of Hearing: February 1, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water be considered for passage.
BACKGROUND The subject land consists of 1.0 +/- acres with frontage on Loughborough Lake. The property is currently developed with a 528 square foot footprint single detached dwelling located approximately 27 feet from the high water mark of Loughborough Lake. The proposal is for the demolition of the existing dwelling and the construction of a 2128 square foot footprint, two story dwelling located a minimum of 65 feet from the high water mark of Loughborough Lake. This proposed square footage includes an attached garage. The applicant has also requested a reduction in side yard from 3 metres to 2.4 metres (eight feet). The location of the surveyed right-of-way, the hydro easement and the existing septic system on the property limit the opportunity for any further increase in setback from the water for the proposed dwelling. The Planning Department is able to support the application.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes Page 78 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
AGENCEY ANALYSIS AND COMMENTS KFL&A Public Health has no objections to the application, provided the new dwelling does not exceed the parameters stipulated in the Review of Performance of an Existing Septic System (application ST3-18). This review states that the maximum gross floor area of the new dwelling is not to exceed 176 square metres. Cataraqui Region Conservation Authority has no objections as the proposed location increases the setback from the high water mark of Loughborough Lake. Comments were not required from Public Works. The building department has no objections.
CONDITIONS
- This minor variance is for the construction of a maximum 2128 square foot, two story single detached dwelling to be located a minimum of 65 feet from the high water mark of Loughborough Lake at 5390 Ramparts Lane. The dwelling is permitted to have a reduced side yard of eight feet.
- Prior to the issuance of a building permit for the new dwelling, the existing dwelling must be demolished.
- Minor variance MV-50-17-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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Pugh Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 79 of 96
µ
HIGHLAND LANE
PUGH MV-50-17-S Loughborough Lake
Legend Pugh Property Pugh Existing Cottage Pugh Proposed Dwelling
5390 Ramparts Lane
5396 Ramparts Lane
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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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5404 Ramparts Lane
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22 Meters
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Environmental Health Department 221 Portsmouth Avenue
KF.
Kingston, Ontario K7M 1V5 (613)549_1232
Public Health
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REQUESTSFOR COMMENTS
1'0;
Application Number: Type of Application
or Proposal:
Applicant Name(s): Location: Planning Department or Agency:
Comments:
Inspector:
Date:
Jennie Kapusta Planning Assistant Township of South Frontenac 4432 George Street, Sydenham, ON, KOH2T0
MV-50-17—S,ST-3-18
Minor Variance with Performance Review
Pugh, Wayne 5390 Ramparts Lane
Township of South Frontenac (Storrington)
No objections to the proposed minor variance providing new dwelling does not exceed the parameters stipulated in the Review of Performance of an Existing Septic System (ST-3-18) attached.
Gord Mitchell, CPHl(C), Public Health Inspector
February 01,2018
T
PLEASEFORWARD A COPY OF THE NOTICEOF DECISIONTO KFL&APUBLICHEALTH. of Public Health Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration Public KFL&A Health, Environmental programs. Any questions about the collection of this information should be directed to the Manager of L800-267-7875. or 1243 Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549~1232 ext.
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 1, 2018 Application No: Owner: Location of Property:
MV-01-18-L 2087033 Ontario Limited, Snug Harbour Resort Concession 14, Lot/Part Lot 6/7, 1029 Snug Harbour Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water Date of Hearing: February 1, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water be considered for passage.
BACKGROUND The subject land consists of 31.0 +/- acres with frontage on Desert Lake. The property is currently developed with 12 rental cabins and a lodge. The proposal is for the reconstruction and enlargement of one of the existing rental cabins which is located 65 feet from the high water mark of Desert Lake. The existing cabin has a 466 square foot footprint and the applicant has proposed 600 square foot footprint for the enlarged cabin, plus the addition of a 12 foot by 20 foot (240 square feet) deck for a total footprint of 840 square feet. The property is zoned Recreational Resort Commercial – Special Zone 21 (RRC-21); this zone permits the reconstruction of the five rental cabins which are locate within the 30 metre setback provided there is no enlargement of the footprint or reduction of the water setback. The Planning Department is unable to support the application as submitted.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Recreational Resort Commercial – Special Zone 21 (RRC-21) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes Page 85 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
AGENCEY ANALYSIS AND COMMENTS Cataraqui Region Conservation Authority has no objections as the proposed location increases the setback from the high water mark of Loughborough Lake. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections.
CONDITIONS
- This minor variance is for the reconstruction and enlargement of an existing dwelling located 65 feet from the high-water mark of Desert Lake. The dwelling is permitted to have a maximum foot print of 600 square feet, plus a deck with a maximum footprint of 240 square feet.
- Prior to the issuance of a building permit for the new dwelling, the existing dwelling must be demolished.
- Minor variance MV-01-18-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.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Pugh Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 86 of 96
µ
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SNUG HARBOUR RESORT MV-01-18-L
Legend Snug Harbour Property Cottage To Be Rebuilt/Enlarged
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.
Desert Lake
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Scale 1:600 0
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 5, 2018 Application No: Owner: Location of Property:
MV-02-18-S Orrie and Andrea Cumpson Concession 3, Lot/Part Lot 17, 4403 Latimer Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.35 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in the normally required Minimum Distance Separation and section 6.3.2 to permit a reduction in setback from an interior lot line Date of Hearing: February 1, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit a reduction in the normally required Minimum Distance Separation for an expansion to an existing livestock barn be considered for passage.
BACKGROUND The subject land consists of 79 +/- acres with frontage on Latimer Road. The property is currently developed with a single detached dwelling and multiple agricultural use buildings. The proposal is for the complete demolition of one barn plus the demolition of a section of another barn (totaling 6,500 square feet), then the construction of a 9,500 square foot addition to the existing barn that was partially demolished. The net increase in square footage is 3,000 square feet. The applicant has submitted a Minimum Distance Separation (MDS) calculation prepared by Bryan Cook of Cropland Consulting Inc. which indicates the required separation between the expansion and the nearest residential use is 81 metres (266 feet). The proposed location for the expansion is only 40 metres from the nearest residential use, so a reduction of 41 metres has been applied for. While this is half the normally required setback, the barn which is to be totally demolished is currently only 28 metres from the residential use, so 40 metres would be a 12 metre increase in separation. There is also an outdoor cow yard which will be removed and rehabilitated as part of the proposed expansion; this cow yard is 23 metres from the residential use. The overall effect of the barn expansion would be an increase in setback to the livestock facility over the current situation. The proposed location of the barn expansion would also require a reduction in setback from an interior lot line to 4.5 metres from 10 metres. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Page 91 of 96
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
Current Zoning: Agricultural (A) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS Comments were not required from Public Works, KFL&A Public Health or Cataraqui Region Conservation Authority. The building department has no objections.
CONDITIONS
- This minor variance is for the reconstruction and enlargement of an existing livestock facility to be located a minimum of 4.5 metres from the rear lot line of 4385 Latimer Road. The addition shall be a maximum of 9,500 square feet in size.
- Minor variance MV-02-18-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.
ATTACHMENTS Map of Cumpson Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 92 of 96
µ CUMPSON MV-02-18-S
Legend Proposed Barn Expansion Barns To Be Demolished Cumpson Property
4403 Latimer Road
Existing Buildings
4415 Latimer Road
4385 Latimer Road LATIMER ROAD
4832 Latimer Road
4404 Latimer Road
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 1:1,000 0
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