Published July 8, 2021

Word Count 17541 words

Reading Time 83 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 8, 2021 Collection: Council Agendas Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA

TIME: DATE: PLACE:

7:00 PM, Thursday, July 8, 2021 Council Chambers/Virtual via Zoom.

Call to Order and Roll Call

Resolution

Adoption of Agenda

Resolution

Electronic Meeting Information

The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.

Declaration of pecuniary interest

Approval of Minutes – May 13, 2021

Resolution

New Minor Variance Applications:

MV-25-21-L (Stockermans) Location: 1045 Hummingbird Lane, Desert Lake, Loughborough District Purpose of Application: To vary sections 5.8.2(a) and 10.3.2 of Zoning By-law No. 2003-75 to permit an accessory detached garage to be set back 18.8 metres from the highwater mark of Desert Lake, whereas a minimum 30 metre setback is required. Also, to permit the garage to have a maximum building height of 6.6 metres instead of 6 metres. The proposed garage would replace an existing garage on the property. The proposed garage would be constructed on the

3 - 45

46 - 73

Page 1 of 111

same footprint as the existing garage but would be a taller building to accommodate a second storey loft. b)

MV-26-21-L (Champagne) Location: Part Lot 3, Concession 1, being Part 1 on Plan 13R22168, District of Loughborough, Township of South Frontenac, municipally known as 2949 Forest Road. Purpose of Application: To vary section 5.24.2 of the Zoning Bylaw to permit the construction of a detached garage being located in the projected front yard whereas the Zoning by-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building.

74 - 91

MV-29-21-P (Gardiner & Kay) Location: Part Lot 16, Concession 10, being Parts 1 – 2 on Plan 13R10042, District of Portland, Township of South Frontenac, municipally known as 4760 Bellrock Road. Purpose of Application: To vary section 5.24.2 of the Zoning Bylaw to permit the construction of a detached garage being located in the projected front yard whereas the Zoning by-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building.

92 110

Other Business

Report to Committee: Decisions on Delegated Consents

Adjournment

Resolution

111

Page 2 of 111

Township of South Frontenac Committee of Adjustment Meeting Thursday, July 8, 2021 7:00 p.m. Council Chambers Virtual Meeting 4432 George Street, Sydenham, ON Page 3 of 111

Welcome to Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public are muted on our end and your cameras will not be turned on. Committee Members • Randy Ruttan (Chair of the Committee)

Township Staff • Anna Geladi (Planner) • Claire Dodds (Director)

• Pat Barr • Norm Roberts • Mike Nolan

• Christine Woods (Senior Planner) • Michelle Hannah (Planning Assistant & Secretary Treasurer)

• Doug Morey • Mike Howe Page 4 of 111

• Tom Bruce • Ken Gee 2

Format for the Meeting

The Chair will introduce the file
The Planner will provide an overview of the application
Comments and/or Question from:

Committee Members – Questions for Staff
Applicant / Agent / Members of the Public
Further Comments or Questions from Committee Members

The Committee will then deliberate and vote on the application
The Chair will state whether the vote was carried Page 5 of 111

Appeal Rights • If a person or public body does not make oral submissions at the meeting or make written submissions to the Township of South Frontenac before a decision is made, the person or public body is not entitled to appeal the decision. • The applicant, the Minister, or any other person or public body who has an interest in the matter may within 20 days of making the decision or date of notice appeal to the Ontario Land Tribunal against the decision of the Committee by filing with the Secretary-Treasurer of the Committee a notice of appeal. • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, the decision will be forwarded to the applicant and anyone who has requested to be notified within 15 days of this meeting. • If you have any questions after the meeting, please reach out to staff. Page 6 of 111

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when calling in by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone

Page 7 of 111

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect. • If the meeting cannot be restored within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media letting you know.

Page 8 of 111

Agenda • Call to Order • Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • New Minor Variance Applications • Other Business • Adjournment

Page 9 of 111

Minor Variance Applications Page 10 of 111

MV-25-21-L Stockermans Page 11 of 111

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 12 of 111

File: MV-25-21-L

Applicant: Raymond and Martha Stockermans

Desert Lake

Location of Property: 1045 Hummingbird Lane, Desert Lake, Loughborough District OP Designation: Rural Zoning: RLSW

Page 13 of 111

File: MV-25-21-L

Proposal • To replace the existing garage with a new, higher garage

Sleeping cabin Garage

Relief Requested • Highwater Mark Setback • Building Height

Lane House

Page 14 of 111

File: MV-25-21-L

Page 15 of 111

File: MV-25-21-L

Page 16 of 111

Looking north along lane – garage on the left

Looking south along lane – garage on the right, house in background 14

File: MV-25-21-L

Page 17 of 111

View of garage – shoreline to the left, lane to the right

File: MV-25-21-L

Department, Agency and Public Comments Cataraqui Conservation – No objection; recommend engineering analysis at permitting stage for the retaining wall and fill material Building Department – No objection; engineering analysis required at building permit stage for the retaining wall and fill material Public Comments – One letter of support received

Page 18 of 111

File: MV-25-21-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 19 of 111

Application: MV-25-21-L Owner: Raymond and Martha Stockermans Location of Property: 1045 Hummingbird Lane, Desert Lake, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-25-21-L, subject to conditions.

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted. • Applicant is required to enter into a Development Agreement to address environmental policies. • Building permit is required for ALL construction on the property. Page 20 of 111

• MV-25-21-L is only applicable to Zoning By-Law No. 2003-75 and not to any subsequent zoning by-laws

Questions & Comments

Committee Members – Questions for Staff
Applicant / Agent / Members of the Public
Further Questions or Comments from Committee Members If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Page 21 of 111

Please wait to speak until you hear your name and your microphone has been unmuted. 19

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 22 of 111

MV-26-21-L Champagne Page 23 of 111

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 24 of 111

File: MV-26-21-L

Applicant: David and Sara Champagne Location of Property: 2949 Forest Road, District of Loughborough OP Designation: Rural Zoning: Rural

Page 25 of 111

File: MV-26-21-L

Proposal • Permit an accessory building (detached garage) within the projected front yard

Relief Requested • Location in Front Yard

Page 26 of 111

File: MV-26-21-L

Page 27 of 111

View from the Road 25

File: MV-26-21-L

Page 28 of 111

File: MV-26-21-L

Department, Agency and Public Comments This application did not meet the criteria for circulation. Public Comments – No comments received

Page 29 of 111

File: MV-26-21-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 30 of 111

Application: MV-26-21-L Owner: David and Sara Champagne Location of Property: 2949 Forest Road, District of Loughborough

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-26-21-L, subject to conditions.

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted. • At the time a building permit is submitted, an updated lot grading and drainage plan shall be provided showing the placement of the accessory building and demonstrating that there is no negative impact on grading of the existing dwelling or on adjacent properties. • Building permit is required for ALL construction on the property. Page 31 of 111

• MV-26-21-L is only applicable to Zoning By-Law No. 2003-75 and not to any subsequent zoning by-laws 29

Questions & Comments

Committee Members – Questions for Staff
Applicant / Agent / Members of the Public
Further Questions or Comments from Committee Members If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Page 32 of 111

Please wait to speak until you hear your name and your microphone has been unmuted. 30

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 33 of 111

MV-29-21-P Kay and Gardiner Page 34 of 111

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 35 of 111

File: MV-29-21-P

Applicant: Timothy Kay and Kimberly Gardiner Location of Property: 4760 Bellrock Road, District of Portland OP Designation: Rural Zoning: Rural

Page 36 of 111

File: MV-29-21-P

Proposal • to permit an accessory building (detached garage) within the projected front yard of the subject property and for the distance between the accessory building (detached garage) and the principal building to be less than 3 meters (9.8 feet)

Relief Requested • •

Location in Front Yard Minimum Distance Between Buildings

Page 37 of 111

File: MV-29-21-P

View from the east property line

Page 38 of 111

View from the rear 36

File: MV-29-21-P

Department, Agency and Public Comments • Building Department – no objections • Public Comments – No comments received

Page 39 of 111

File: MV-29-21-P

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 40 of 111

Application: MV-29-21-P Owner: Timothy Kay and Kimberly Gardiner Location of Property: 4760 Bellrock Road, District of Portland

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-29-21-P, subject to conditions.

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted • A building permit must be obtained for all demolition and construction • MV-29-21-P is only applicable to Zoning By-Law No. 2003-75 and not to any subsequent zoning by-laws Page 41 of 111

Questions & Comments

Committee Members – Questions for Staff
Applicant / Agent / Members of the Public
Further Questions or Comments from Committee Members If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Page 42 of 111

Please wait to speak until you hear your name and your microphone has been unmuted. 40

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 43 of 111

Other Business Consents approved by Consent Granting Authority

• S-22-21-B (Barr) (Smallman-Tew) • Consent for a lot addition

• S-02-21-L (McKee) • Consent for the creation of a new residential lot

Page 44 of 111

Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

Page 45 of 111

Page 46 of 111

provided

the Committee is of the opinion

is desirable for the appropriate development or use of the land, building or structure Maintainsthe general intent and purpose of the Official Plan. Maintainsthe general intent and purpose of the Zoning By—law. Is minor in nature

$959.00 $1,316.00 $2,010.00

Planning Fee:

Building Admin Fee: $94.00 $94.00 $94.00

f ‘

$1,053.00 $ , . ‘o’ $2,104.00

Cataraqui Region Conservation Authority

Township of South Frontenac Minor Variance Only Minor Variance W/TH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system

$1’15O

$450 $700

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority(where applicable) when submitting an application (Separate cheques, payable to the applicable ConservationAuthority, are to be submitted to the Township with the completed application).

Application Type: 1-3 Variances 4+ Variances After building without a permit

It is required that one (1) copy of this application be filed with the Secretary—Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below),accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

The Committee may vary Zoning By-law provisions that the variance:

TOWNSHIPOF SOUTH FRONTENAC APPLICATIONFOR MINOR VARIANCEOR PERMISSION Updated January, 2021

Page 47 of 111

Information

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 eXt.2224).

Collection of Personal

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEM CAREFULLY

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 48 of 111

of Owner(s)

Full Mailing Address

of Authorized Agent:

Owner(s)

Bedford

Concession Number:

District:

The description of the subject land:

Signature(s)

E Portland

Lot Number:

5-’

)Zl’Loughborough

Storrington

to act on behalf of the owners for purposes of Agent as named above processing this applica ion for Minor Variance.

Email Address of Authorized Age tr.

i uthorlzed

Phone number of Authorized Agent:

Full Mailing Address

Name of Authorized Agent:

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s):

Phone number of Owner(s):

§7vc.¢i»:<€M«‘l~/I/I‘ J— /I/I/l‘v¢fHCl¢c’?//VIA/I I-Q/-I-‘1..I/tel//‘>0

Name of Owner(s):

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 49 of 111

Area:

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(265‘; 0 EMML

What are the existing uses of the subject land?

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

HUMM I./VG(3/I20

Name of Road/Lane:

Yes

S’/‘D4/+66 5‘/PACE Ave 4* M/2.4/zwao?

P/zv?oreo u.r~ /5

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

’

goiwimzj mam /02.2

7,} /A/C146/+56 Bu/L 0 //V6 mam

Frontage (on road/lane):

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

? L S" M

The current zoning of the subject land:

/ (75

Does the subject property front on a municipally maintained road? No OR a privately maintained road? B’Yes

Depth:

Frontage (on water):

0263-75'

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

’

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S/’/+cE, (‘A/Ccoreo 14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land?

/“1>oT/W/,v7mr/r/+ 6/ne/+65 ——/7 £4/0uL-9 Acrwsf 7?fL= [,6/V67}!

C/IF

13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

455 X /5'02 34’ “<72‘9~>2 I9 :

Dimensions of Floor Area

S OTYOI‘

r B ‘Id’n

OSOTY)

He‘ ht

,‘2 *9’

D ‘C

/.;70«.5‘

(4)

A//(4

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(3)

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. 3;‘ 3

1%;

5 /M/9:6E

0c’)

?7;?

(2)

/’

5 71

Setback from RearLotLine

-35’

Setback from Front Lot Line

Setback from Side Lot Line

, :

5 /Z65/OM!“

(1)

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Type of Structure (E.g. residence)

wmmv Sirmg

Page 50 of 111

Page 51 of 111

6 ‘9‘ 7

I?‘ 3’ -.

Setback from Front Lot Line

Setback from Rear Lot Line

Setback from Side Lot Line

STD/29

’

(3)

(4)

lXYes

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

691

(2)

Do your plans include any DEMOLITION of existing structures?

NOTES:

Setback from High Water Mark (If applicable)

54 o A 90 ,2

71,/Q

(Also indicate if it is one story or two story)

Outside Dimensions of Building/Structure

9.;

Height of Building

23 5

/I/C””/

6/»Vu.(3 E

Type of Structure (E.g. residence)

<1)

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 52 of 111

Increase in living space

Will the addition or structure encroach on the existing septic system?

(c)

(d)

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Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

PIQIV/l’ié’—“l

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

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

20.The date the existing buildings and structures were constructed on the subject lands:

}

Yes

XNO Sm?izmp

ElNo

Yes

Increase in plumbing fixtures

(b) I Yes

J2[’No

Yes

Increase in number of bedrooms

(a)

What are the uses of the proposed development?

19.The date the subject land was acquired by the current owner:

If yes, please provide details:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 53 of 111

If the answer to question 25 is yes, please give the file number of the application and the status of the application.

jXfNo

V/V lL./WW//

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

distance between the subject land and the The location of a reference point……i.e. lot line landmark such or as a bridge or railway crossing. nearest township

The location of all abutting (neighbours’) lands.

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

iii)

iv)

The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, IS REQUIRED to be shown. The SKETCH is of significant

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

ii)

**Note: **

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

A SKETCH must be submitted showing the following:

Yes

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

Yes

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 54 of 111

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality willhave no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. if such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees_ and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 55 of 111

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/+u*M.«4/A/c§,./>’m.o.<;4/we /oils’ ;~1>..-v” /—m.,4-,’7,4/(3

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if.

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(LAD)

Page 56 of 111

I373

SCALE

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COUNTY OF

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OF. ..LOUGHBOROU: TOWNSHIP

Page 57 of 111

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ONTARI_

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1973

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REGISTRAR FOR THE REGISTRY DIVISION OF THE COUNTY OF FRONTENAC.

LAND

DATED

PLAN

PARTS 1,2,3 AND 4 Con 92:32 THETOTAL No_.226.994 AREA convsvso BY INSTRUMENT

LAND

L.A.DOX"SEE

DATED AUG. 27

ACT.

UNDER PART II

OF :THE REGISTRY

DEPOSITED

IREQUIEE mas PLAN_ TO BE RECEIVED “AND,DEPOSITED As

;

.,.,.._..

Page 58 of 111

South Side

run *

xwuxamaummmu-:.m:swnmmmsmwmummmmn o mmmmm

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an I:n.‘nIm:.1-cunt-.:2wv.’.i.-:z3.».x’nn’¢:uwasu91:IuK:turI

Page 59 of 111

Upper

«T

sloped

floor

ceiling

(s’-1”

2o’-2-

height)

ROOF PITCH 8 SPAN PRIOR TO ORDERING

wall

TO CONFIRM

11’-2’/2’

plan

48’ x4a'

4l’x48'

OWNER CONTRACTOR/HOME TRUSSES

Page 60 of 111

Mai?

floor

plan

(a’-1"

20-2height)

ROOF PITCH U SPAN PRIOR TO ORDERING

studwall

CONTRACTOR/HOMEOWNER T0 CONFIRM TRUSSES

Page 61 of 111

conservation

Cdtctrctqui

Ray

Stockermans

Contact Name

From: Cataraqui Conservation info@crca.ca Sent: April 26, 2021 5:03 PM To: Develpment Development@crca.ca Subject: Permit inquiry Online Form

1641 Perth Road, PO Box 160, Glenburnie ON, KOH180 Phone: (613) 546-4228 ext. 220 Toll-Free: 1-877-956-2722 Fax: (613) 547-6474 Web: [www.CataraquiConservation.ca]www.CataraquiConservation.ca

Rhonda Roantree Receptionist/Clerk

attached) and have concluded that Staff have reviewed your development proposal (drawing a permit. You willwant to consult with the proposed location for the development would required the municipality regarding any zoning issues as well.

Hi Ray

Mail Ray Stockermans Outlook

[ii 2 attachments (354 KB) Map-1045 HummingbirdLane 2.pdf; GMaps-House-Garage.pdf;

raystox@hotmail.com To: raystox@hotmail.com

Thu 2021-04-29 ’l1:O3 AM

Develpment Development@crca.ca

RE: Permit Inquiry Online Form

5/17/2021

Page 62 of 111

Inset Map

1051 HUMMINGBIRD LANE

ree

Desert Lake

Humm De ing bir se d Ln rt La

MV-25-21-L (Stockermans)

1045 HUMMINGBIRD LANE

Legend Roads Subject Property

Desert Lake

Parcels Provincially Significant Wetlands

1045 HUMMINGBIRD LANE

Wetland

River/ Stream 2362 DESERT LAKE RD

Waterbody

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 63 of 111

1025 HUMMINGBIRD LANE

Scale 1:500

0 2.25 4.5

13.5

Meters UTM Projection NAD 83 Date: 2021-06-17

Michelle Hannah From: Sent: To: Cc: Subject:

Wally Hrycak June-29-21 9:40 PM planning; Michelle Hannah ‘Ray Stockermans’ FW: Minor Variance Application MV-25-21-L

To: M. Hannah, Secretary-Treasurer, Committee of Adjustment From: Wally Hrycak, Owner, Subject: Minor Variance Application MV-25-21-L Dear Ms. Hannah, As an abutting property owner to the subject application, I am writing to tell you that I have no objections to the Minor Variance that is being applied for by Raymond Stockermans of 1045 Hummingbird Lane. You may contact me if you have any further questions. Regards, Wally Hrycak,

Page 64 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

July 2, 2021

Application No: Owner: Location of Property: Purpose of Application: Date of Hearing:

MV-25-21-L Raymond and Martha Stockermans 1045 Hummingbird Lane, Desert Lake, Loughborough District To vary Sections 5.8.2(a) and 10.3.2 of Zoning By-law No. 2003-75 July 8, 2021

Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new building 

zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation

Zoning

Rural

Limited Service Residential – Waterfront

Zoning Relief Requested Sections 5.8.2(a) and 10.3.2: Highwater Mark

Section 10.3.2: Accessory Building

To permit a highwater mark setback of 18.8 metres for an accessory building (detached garage) whereas the Zoning By-law requires a minimum 30 metre setback for all buildings and structures. To permit an accessory building (detached garage) to be 6.6 metres high, whereas the Zoning By-law allows a maximum 6 metre building height for accessory buildings.

Review: This application for a variance:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains the general intent and purpose of the County of Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains the general intent and purpose of Zoning By-law No. 2003-75;  Is desirable for the appropriate development of the land, building or structure in question; and  Is minor.

Proposal An application for minor variance was received to permit a 63.8 square metre (686.8 square foot) detached garage that would exceed the maximum 6 metre building height allowed for accessory buildings. The garage would be 6.6 metres high. The garage would set back 18.8 metres from the highwater mark of Desert Lake, whereas a minimum 30 metre setback is required.

1 Page 65 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The subject property is located on Hummingbird Lane, off Desert Lake Road, and has frontage on Desert Lake. The topography of the site has a high, moderate to very steep slope along the shoreline, then a gentle rise to Hummingbird Lane. The slope is well vegetated with cedar trees. The property is developed with a single detached dwelling, garage and sleeping cabin. The proposed garage would replace the existing garage on the property. The proposed garage would be constructed on the same footprint as the existing garage but would be a taller building to accommodate a second storey storage area.

Department, Agency and Public Comments Cataraqui Conservation – Cataraqui Conservation staff, in a letter dated June 24, 2021, indicated no objection to the application. It was confirmed that the garage would be located outside the flooding hazard and erosion hazard associated with the shoreline of Desert Lake. They recommend that an engineering analysis be completed at the permitting stage to demonstrate that the existing retaining wall is structurally sound, and that the new garage will be founded either on sound bedrock or on engineered fill. They also recommended that roof runoff be directed away from the slope and waterfront. Building Department – The Building Department has no objection to the application as presented. They are concerned with the structural stability of the retaining wall as well as any construction on imported fill. The applicant will be required, as part of the building permit application package, (1) to have the proposed building bear on bedrock or submit an engineered design for construction of a new engineered fill base to support the building, and (2) to submit an Engineer report stating the existing retaining wall is structurally sound and will support the proposed construction on the site, or submit an engineered design for a new retaining wall. Public Comments – Wally Hrycak (1025 Hummingbird Lane) provided no objection to the application in writing. Mr. Hrycak’s property is located south of the subject property.

Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Does the variance maintain the general intent and purpose of the Official Plan? • The subject lands are designated Rural in the Official Plan on Schedule A. The type and amount of development on Rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. • It is the opinion of Township staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies on limited service residential development and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? • The proposed variances maintain the general intent and purpose of the Zoning By-law. The accessory detached garage is a permitted use on the subject property. The proposed garage would replace the existing garage on the property. The proposed garage would be constructed on the same footprint and maintain the setbacks of the existing garage from the highwater mark and the lane. The proposed increase in building height is minimal. 2 Page 66 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? • The variances are desirable for the appropriate development of the land, as the setbacks of the existing garage from the highwater mark and the lane would be maintained. The increase in building height would allow additional internal storage on the property without expanding the footprint of the building. Is the variance minor? • The requested variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. There will be no negative impact on the lake and neighbourhood as a result of the increased height of the garage. The garage will be screened from the lake by the existing cedar trees. The existing sleeping cabin and trees north of the garage would provide screening to the property to the north, which is the closest developed property.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public, and pending comments received, approve minor variance application MV-25-21-L, subject to conditions.

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

The minor variance is for a 63.8 square metre (686.8 square foot) accessory building (detached garage The detached garage is permitted to be set back 18.8 metres from the highwater mark of Desert Lake, and to establish a maximum 6.6 metre building height, as per the drawings submitted with application MV-25-21-L.).
The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township as well as Cataraqui Conservation recommendations prior to the issuance of a building permit: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction and until the site is stable and revegetated. b. The removal of any excavated materials from the site so that it is not used as fill within 30 metres of the Desert Lake. c. Roof runoff will be directed away from the shoreline of Desert Lake and/or discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. d. Maintaining existing natural tree cover and understory on the property, especially along the slope at the shoreline in front of the garage and north of the garage, in a natural state.
A building permit is required for ALL construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. 3 Page 67 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Minor variance MV-25-21-L is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: June 25, 2021

4 Page 68 of 111

Page 69 of 111

Raymond Stockermans

Applicant Name(s):

Comments:

Loca?on:

Minor Variance

Type of Application or Proposal:

The existing garage appears to be constructed in an area where fill material may have been installed and is support to the rear of the building by an existing wood retaining wall located. The retaining wall has signs of deterioration at the base. Staff are concerned with the structural stability of the retaining wall as well as any construction of a building commencing on imported fill. It will be required that as part of the building permit package to have the proposed building bear on bedrock or an Engineer design will be provide for construction of a new engineer fill base to support the proposed building. As well, an Engineer report is also to be submitted stating the existing retaining wall is structural sound

Township of South Frontenac (Loughborough)

CON 13 PT LOT 5 RP ‘l3R820;PART 2 DESERT LAKE 1045 Hummingbird Lane

MV-25-21—L

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George Street, PO Box 100 Sydenham, Ontario KOH2T0

Number:

Application

To:

Minor Variance Review Comments

4432 George Street, PO Box 100 Sydenham, ON KOH2T0 613-376-3027

The Township of South Frontenac Building Services

June 24, 2021

File: MV/FRS/209/2021

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0 Dear Ms. Hannah: Re:

Application for Minor Variance MV-25-21-L (Stockermans) Part of Lot 5, Concession 13; 1045 Hummingbird Lane Loughborough District, Township of South Frontenac Waterbody: Desert Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. Summary of the Proposal The proposal involves the construction of a two-storey garage on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 18.9 metres in order to permit the construction of a garage. It is our understanding that the proposed garage will be constructed within the same footprint and the existing garage. Site Description The property is located on the east shore of Desert Lake. The topography of the property can be described as terraced, rising relatively steeply from the shoreline (approximately a 2:1 slope), levelling out briefly, then rising again toward Hummingbird Lane to the east where the garage is located. Currently, the property contains a dwelling, a bunkie, and the garage. The existing garage is located approximately 7.5 metres from the lower top of bank. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 70 of 111

Page 2 of 4

The property is designated ‘Rural’ in the Official Plan and zoned ‘Limited Service Residential - Waterfront’ (RLSW) in the implementing Zoning By-law. Desert Lake itself is designated as a moderately sensitive Lake Trout lake in the Official Plan. Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Devil Lake, and the protection of the water quality of the lake. Natural Hazards Flooding: The maximum recorded water level for Desert Lake is 136.31 metres geodetic. For Desert Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and site observations, the proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns from a flooding perspective. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of 1(h):1(v), plus an erosion access allowance of 6 metres, or 6 metres from the stable top of slope. In this case, the later approach is used since it is a stable slope. As noted previously, the proposed location for the garage is 7.5 metres from the stable top of slope, and therefore located outside of the erosion hazard associated with the shoreline of Desert Lake. However, the existing garage appears to have been wholly or partially built upon fill material as there is a high retaining wall at the rear of the structure. Based upon the age of the structure, staff are concerned that the building may have been originally constructed on unconsolidated fill material. Staff are also concerned about the height and stability of the retaining wall. Therefore, staff recommend that an engineering analysis be completed at the permitting stage to demonstrate that the new structure will either be founded on sound bedrock or on engineered fill, and that the retaining wall is structurally sound. Cataraqui Conservation staff will be seeking this level of assurance prior to the issuance of a permit under Ontario Regulation 148/06. The Township may wish to have these issues addressed prior to approval of the minor variance. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 71 of 111

Page 3 of 4

Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s Environmental Planning Policy (2021) contains provisions that seek to support these objectives. The Planning Policy recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. However, the Planning Policy also suggests that new development within the water setback may be considered when there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property the development complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. In this instance, the development is as far back from the water as possible, the development will be no closer to the water than existing development, and the development complies with the maximum lot coverage requirements. Staff recommend that roof runoff be directed away from the slope / waterfront to protect the water quality of the lake and prevent erosion, and that this be a requirement of site plan approval. Recommendation Staff have no objection to the approval of application MV-25-21-L based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Ontario Regulation 148/06 Please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 72 of 111

Page 4 of 4

the changes do not put other properties at greater risk from these hazards. In this instance, the proposed garage structure will require a permit under said regulation. Please inform this office of any decision 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 Yours truly,

Andrew Schmidt

Andrew Schmidt Supervisor, Development Review c.c.

Anna Geladi, South Frontenac Township (via e-mail)

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 73 of 111

Page 74 of 111

provided the Committee

is of the opinion

$450 $700 $400

$335

KFL&A Public Health Unit Minor Variance Only Minor Variance WITH Performance Review

Cataraqui Region Conservation Authority

Quinte Conservation Authority

It is required that a Fee be provided for the Health Unit and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to KFL&A Public Health and/or applicable Conservation Authority, are to be submitted to the Township with the completed application). Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

of the

It is required that one (1) copy of this application be filed with the Secretary-Treasurer Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE of $766.00 ($676.00 application fee plus $90.00 Building Department consultation fee) in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

is desirable for the appropriate development or use of the land, building or structure Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning By-law. ls minor in nature

The Committee may vary Zoning By-law provisions that the variance:

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION

Page 75 of 111

Information

Collection of Personal

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is Any important that the sketch be drawn with accurate dimensions and measurements. application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEM CAREFULLY

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 76 of 111

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File No:

APPLICATION FOR MINOR VARIANCE 990, c. P.13 as amended

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Bedford

Concession Number:

District:

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Lot Number:

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The description of the subject land:

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Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized Agent:

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Storrington

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s):

Phone number of Owner(s):

Full Mailing Address of Owner(s)

Nameo

Date Receiv d:

Page 77 of 111

Area:

Depth:

12’Yes

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PaaoPE3Z’F‘/

What are the existing uses of the subject land?

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Name of Road/Lane:

Does the subject property front on a municipally maintained road? No Yes OR a privately maintained road?

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

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

The current zoning of the subject land:

Frontage (on road/lane):

Frontage (on water):

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

VARIANCE

FOR MINOR TOWNSHIP OF SOUTH FRONTENAC APPLICATION amended as Planning Act, R.S.O. 1990, c. P.13

Page 78 of 111

§L4No

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

?’No

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

ii)

The location of all abutting (neighbours’) lands.

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

A SKETCH must be submitted showing the following:

Yes

If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance).
Ifthe answer to question 25 is yes, please give the file number of the application and the status of the application.

Yes

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

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

?tNo

QNo

Yes Yes

Yes

Increase in plumbing fixtures

Increase in living space

Will the addition or structure encroach on the existing septic system?

(b)

(c)

(d)

V~ArI€‘-I’is, 202!

IS 20%:

The length of time that the existing uses of the subject land have continued:

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The date the existing buildings and structures were constructed on the subject lands:

jm.»

l$i.No

[)2No

Yes

Increase in number of bedrooms

Yes

(a)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

The date the subject land was acquired by the current owner:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

MNO

WELL’

¢o,gtvm6L‘—/owuéb

§a>Tt0

Sws/LEW

Indicate whether sewage disposal is provided to the subject land by a publicly owned and and operated individual or communal septic system, a operated sewage system, a privately owned privy, or other means:

\z5$«—’:£~1>1vuw»%

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

Page 79 of 111

Page 80 of 111

’ (2)

Setback from High WaterMark (If applicable)

GJV6/K66:

‘(3)

indicate: <4)

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED

Emu:

13.The proposed uses of the subject land:

I Feel’

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ONE

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

uo‘ $_-¢e+

Setback from Side Lot Line

I G‘ 9557

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Setback from Rear Lot Line

Setback from Front Lot Line

17~€9'<’1@N—€/ T(ye’?§.‘::§:t53§:=‘L’)e

(1)

Ifthe answer to item 11 is yes, for EACH building or structure

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 81 of 111

I‘/U1.

£836 30

Less THAN ‘Q F831’

’

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Qbcusté ‘AcZA€~?na

(2) .

(3) '

. '

(4)

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

Setback from High Water Mark (If applicable)

Outside Dimensions of Buildinglstructure

story or two story)

(Also indicate if it is one

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

(1)

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

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 82 of 111

being

—

Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
If yes: If there has been a previous variance. granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor varia_nce: Has there ever been a minor variance granted on the property? If you are long-time owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.
If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Application for consent: is there currently an application for consent (severance) proposed for the property?
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: in most cases the answer will be private sewage system, but there may be some privies.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 83 of 111

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.

In some 16) Demolition: All demolition requires a permit from the building department. accomplished without the be height cannot in increase or proposed addition instances, a the beginning of the at Committee removal of existing walls. If this is not made clear to the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

Proposed structures: if you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and Docking: This question is only relevant is you can only access your property by water.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 84 of 111

92,94

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BASED ON AN ACTUAL FIELD SURVEY COMPLETED 0N NOVEMBER 28. 2020 IT Is MY PROFESSIONAL OPINION THAT GRADING ON THE ABOVE‘ PROPERTY IS CONSISTENT WITH ALL GRADING RE UIRE TS AS

REMARKS:

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BRAD HARMSEN 2949 F°“E5T “°“° OWNER/BUILDER: cmc ADDRESS: PROPERTY DESCRIPTION: LQELCONCESSIONI S-ubd. Name.All elevations are reported to geodetic datum in metres feet E State of completion of final grading. topsoil prim‘ to sad sad or seeding complete E] ILLUSTRATION:indicate location of grade and swales at corresponding location as shown on Lot Grading Plan

SOUTH FRONTENAC LOT GRADING CERTIFICATE

Page 85 of 111

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Page 86 of 111

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Page 87 of 111

Inset Map

FOREST RD

Forest Rd

Stage Coach Rd

2986 FOREST RD

FOREST RD

MV-26-21-L (Champagne) 2949 FOREST RD

Legend Subject Property Roads Parcels Provincially Significant Wetlands

2949 FOREST RD

2967 FOREST RD

Wetland

River/ Stream Waterbody

Page 88 of 111

2929 FOREST RD

Scale 1:1,000

0 4.75 9.5

28.5

Meters UTM Projection NAD 83 Date: 2021-06-17

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

June 30, 2021

Application No: Owner: Location of Property:

MV-26-21-L David and Sara Champagne Part Lot 3, Concession 1, District of Loughborough, Township of South Frontenac, being Part 1 on Plan 13R22168, municipally known as 2949 Forest Road Purpose of Application: To vary Section 5.24.2 of Zoning By-law No. 2003-75 Date of Hearing: July 8, 2021 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

_ zoning relief for construction of a new structure zoning relief for replacement of an existing structure zoning relief for other

Official Plan Designation: Rural Zoning: Rural Zoning Relief Requested: Section 5.24.2: Accessory Structures

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains the general intent and purpose of the County of Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains the general intent and purpose of Zoning By-law No. 2003-75;  Is desirable for the appropriate development of the lands in question; and  Is minor.

Proposal An application for minor variance has been received to permit an accessory building (detached garage) within the projected front yard of the dwelling on the subject property. The subject property, municipally known as 2949 Forest Road, is located on the south side of Forest Road. The subject property contains a single detached dwelling with an attached garage, accessed off a long driveway from Forest Road. There is a large drainage ditch located on the west side of the property, running in a north-south direction through the property.

Page 89 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The proposed detached garage is 8.5 metres by 9.1 metres (28 feet by 30 feet) and approximately 77.5 square metres (840 square feet) in size. It will be single storey in compliance with the height for an accessory structure in the Rural zone as outlined in Zoning By-law No. 2003-75. The proposed detached garage will be located to the north east of the single detached dwelling. The proposed detached garage will be located 32 metres (107 feet) from the front lot line adjacent to Forest Road and 4.5 metres (15 feet) from the east side lot line. The existing septic system is located to the west of the dwelling.

Department, Agency and Public Comments Public Services Department – This application did not meet the criteria for circulation. Building Department (Sewage System Review) – This application did not meet the criteria for circulation. Cataraqui Conservation – This application did not meet the criteria for circulation. Public Comments – No comments have been received from the public.

Does the variance maintain the general intent and purpose of the Official Plan? The variance maintains the general intent and purpose of the Official Plan as the proposed detached garage is an accessory use consistent with the permitted residential use of a property within the Rural designation.
Does the variance maintain the general intent and purpose of the Zoning By-law? The variance maintains the general intent and purpose of the Zoning By-law. The proposed detached garage is a permitted use on the subject property. The proposed detached garage does not exceed the maximum permitted height, nor lot coverage, and is not larger than the principal building. It is located a suitable distance from property lines, exceeding the setback requirements for a principal building and an accessory building in the RU zone.
Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development of the subject property. Locating the detached garage in the front yard off the existing driveway is practical, as it facilitates access to the garage, and minimizes the amount of hard surface that would be required to extend the driveway to locate the building behind or beside the dwelling. Locating the garage on the east side of the property would not impeded access to the septic system that is west of the dwelling and would maximize the distance from the ditch. Locating the detached garage to the east of the subject property and orienting the detached garage so that the garage doors are not facing the front is practical. The property currently contains a house with an attached garage with doors facing the road. Adding a second garage with double doors right next to the existing development will overwhelm the property, therefore locating the detached garage in the proposed location will improve the curb appeal. The variance is also desirable for the appropriate development of the land, as it allows for enclosed storage which should help keep the property in a neat, tidy and safe condition. The owner intends for the building to complement the proposed dwelling in design and finish.

Page 90 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. Is the variance minor? Yes, the variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-26-21-L, subject to conditions.

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

The Minor Variance is for a detached garage. The detached garage is permitted to be located in the front yard of the dwelling, and to be set back a minimum of 20 metres (65.6 feet) from the front lot line as per the drawings received and submitted with MV-26-21-L, attached to the Decision as Schedule “A”.
A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
At the time a building permit is submitted, an updated lot grading and drainage plan shall be provided showing the placement of the accessory building and demonstrating that there is no negative impact on grading of the existing dwelling or on adjacent properties.
Minor variance MV-26-21-L is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Date of Site Visit: June 28, 2021

Page 91 of 111

Page 92 of 111

L/5 \‘xc‘<}C

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Page 93 of 111

provided the Committee -is of the opinion

Building Admin Fee: $97.00 $97.00 $97.00

Planning Fee: $959.00 $1,316.00 $2,010.00

TOTAL: $1,056.00 $1,413.00 $2,107.00

$46300 $72000 $1’183'00

$420.00

Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a C/ass”/Asystem

Cataraqui Region Conservation Authority

completed application).

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted to the Township with the

Application Type: 1-3 Variances 4+ Variances After buildingwithout apermit

It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLEFEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

is desirable for the appropriate development or use of the land, building orstructure Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning By-law. is minor in nature

The Committee may vary Zoning By-law provisions that the variance:

‘TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION Updated January, 2021

Page 94 of 111

VARIANCE

Personal information requested herein is required under the Planning /-’lct,‘199O as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 ext.2224).

Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined inQuestion 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEM CAREFULLY

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR Planning Act, R.S.0. 1990, c. P.13 as amended

Page 95 of 111

IémbaclaGicrréwxu“ lzdwr __

I] Bedford

Street Number:

L‘!1H"0

Concession Number:

District:

The description of the subject land:

Signature(s) of Owner(s)

Name of Road/Street:

(3?

10041

Storrington

Ba \ \ r‘oo‘<—(‘<5

/6 RF’

Loughborough Lot Number:

;!.:’P/ortland

Agent ashamedabove is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized Agent:

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s):

Phone numberof Owner(s):

Full Mailing Address of Owner(s):

Name ofOwner(S):

TOWNSHIP OFPSOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 96 of 111

Area

/-luua /.07/’—

FD bk.

2.‘)

tfjE)(es

%5«c3¢z:ul’*°~\

What are the existing uses of the subject land?

//?

Name of Road/Lane:

Wes

/ ?‘S’4

comply with the provisions of the Zoning By-law:

FQQQJEQF: house. .

1‘

The reason why the proposed use cannot

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

%\u\

The current zoning of the subject land:

0765”

Frontage (on road/lane):

Does the subject property front on a municipally maintained road? OR a privately maintained road? 0

Depth:

Frontage (on water):

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 97 of 111

I9. - “I

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

g¢$t&¢/3. “‘\c-L

13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

M375 °’£-T§3?’£’?eZ°’ IL-70

(Also indicate if it is one story or two story)

Height of Building

Stu‘ V‘

Z10”

Setback from Rear Lot Line

‘

V2’.,,_’ 0”

zrszamg

l"L’J“/‘vb

Setback from Front Lot Line

Type of Structure (E.g. residence)

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990,c. P.13 as amended

Page 98 of 111

e o f S tructure residence)

‘53

Setback from Side Lot Line

(4)

VARIANCE

Yes

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

(3)

Do your plans include any DEMOLITIONof existing structures?

NOTES:

/I/9

Setback from High Water Mark (If applicable)

Y 32

(2)

I 4‘ “”"‘4"‘3 mg,‘

32’

Outside Dimensions of Buildinglstructure

(Also indicate if it is one story or two story)

/3 I ,0“

(,7. '

Setback from Rear Lot Line

Height of Building

7.3

ébf?gt

Setback from Front Lot Line

(?g.

(1)

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR Planning Act, R.S.O. 1990, c. P.13 as amended

Page 99 of 111

Increase in number of bedrooms

in plumbing fixtures Increase

Increase in living space

Will the addition or structure encroach on the existing septic system?

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

Yes

£‘i’f}

9;; Yes

Yes

‘;’-’;‘;/No

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Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewagesystem, a privately owned and operated individual or communal septic system, a privy, or other means:

fl)(‘1u?.x—l-cl ac/~r¢*\4r)

body, or other means:

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

21 .The length of time that the existinguses of the subject land have continued:

I ? “tL(

20.The date the existing buildings and structures were constructed on the subject lands:

5%p+n éblo

19.The date the subject land was acquired by the current owner:

If yes, please provide details:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 100 of 111

L/No

4%’

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

{iiiYes

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

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

The location of all abutting (neighbours’) lands.

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

iii)

iv)

**Note. *9:

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

ii)

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

‘

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

A SKETCH must be submitted showing the following:
Ifthe answer to question 25 is yes, please give the file number of the application and the status of the application.

l Yes

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 101 of 111

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

provide

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 102 of 111

blank.

‘

Reason why you can’t comply: in other words,why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be. impossible because of a steep embankment.

——

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

Frontage, depth, area, acres: All parts of this question must be completed.

f. RollNo:This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

—

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. Ifthe numbers are O10, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address if a civic number has not been assigned, leave this space blank. . d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: if your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space
You may wish to appoint someone to act on your behalf during the variance process. if so, that person"s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code,

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 103 of 111

SOtJTH

Length of existing uses: For example, has the land been used for residential purposes for 30

20)Date of existing buildings: It you are not sure, provide your best estimate.

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space wouldinclude anything with walls e.g. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement underit.

Demolition: All demolition requires a permit from the building department. in some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

Proposed structures: it you are planning to build ANYTHlNGon the property, the answer tothis question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”

Description of buildings and structures: You must complete all sections of this question for each” structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.

recreationalland

FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Existing Uses: e.g. residential, retail business, vacant

TOWNSHIP OF

Page 104 of 111

NllNOR VARIANCE

—

Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
if yes: if there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor variance: Has there ever been a minor variance granted on the property? Ifyou are longtime owner of the property, you willprobably be aware of any other special permission granted for a variance to the zoning by—law.If you are a new owner, the seller will probably have made you aware of this.
if yes: If there is a currentapplication for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Application for consent: is there currently an application for consent (severance) being proposed for the property?
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR Planning Act, R.S.0. 1990, c. P.13 as amended

Page 105 of 111

Lot 1.07 Acres, Front 175 Feet

Frontage:

Res/Farm Tx:Fu|l

EPubSup

QtionArnount '

April 30, 2021

$187,000.00

Taxation Year: 2021

KAYTIMOTHY DARREN

GARDINER KIMBERLYJOY

Owners:

Date Issued:

Year

Tax Leyy

TRANSACTIONSUMMARY

Sqgglemental

$0.00

$0.00 $0.00

2018

2017 and prior

Penalty

$0.00

2019

$0.00

$616.06

2021

Interest/Penalty

2020

Tax Amount

Year

Adiustment

$0.00

$616.06

Total Balance

Payment

lnstallments

Balance

7EECEEQSE5ETT"‘TT"T‘T"T7"T7T7’TTTT7T"“TTT”"’““T’T’T”’""““‘T”’"“‘"‘7EE{&E3K

RTEP

ACCOUNT BALANCE

PROPERTY ASSESSMENT

LOCAL IMPROVEMENTS

uj-M

Res\Farm Residentia|—l-‘Ire

District(s):

16 CON 10 PT LOT 16 RP 13R10042 PART 12

Legal Description:

Zone:

04760 BELLROCKRD

Property Address:

‘

080- 060- 00620—0000

Roll #:

KAYTIMOTHYDARREN 4760 BELLROCKRD RR 1 VERONA.ON KOH2W0

STATEMENTOF ACCOUNT

Issued To:

KOH2T0

Sydenham, ON

PO Box 100

Township ofSouth Frontenac

Page 106 of 111

Interim Levy 2021-1

Apr 30/2021

Total Outstanding April 30, 2021

Cash Receipt

Owner: KAYTIMOTHY DARREN

Feb 18/2021

Balance Forward

. Description

Feb 18/2021

Due Date

$616.06

$0.00

($1,066.24)

Amount Balance

$616.06

$0.00

$1,066.24

Inset Map

MV-29-21-P (Gardiner & Kay) Bellroc k Rd

4760 BELLROCK RD

4758 BELLROCK RD

Legend Subject Property Roads Parcels

Provincially Significant Wetlands

4772 BELLROCK RD

Wetland River/ Stream Waterbody 4760 BELLROCK RD

Page 107 of 111

Scale 1:500

0 2.25 4.5

13.5

Meters UTM Projection NAD 83 Date: 2021-06-18

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

June 30, 2021

Application No: Owner: Location of Property:

MV-29-21-P Timothy Kay and Kimberly Gardiner Part Lot 16, Concession 10, District of Portland, Township of South Frontenac, , being Parts 1 - 2 on Plan 13R10042, municipally known as 4760 Bellrock Road Purpose of Application: To vary Section 5.24.2 and Section 5.24.6 of Zoning By-law No. 2003-75 Date of Hearing: July 8, 2021 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

_ zoning relief for construction of a new structure zoning relief for replacement of an existing structure zoning relief for other

Official Plan Designation: Rural Zoning: Rural Zoning Relief Requested: Section 5.24.2: Accessory Structures: Front Yard

Section 5.24.6: Accessory Structure: Minimum Distance Between Buildings

Relief: To permit an accessory building (detached garage) in the projected front yard of the main building, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Relief: To permit the distance between the accessory building (detached garage) and the principal building to be 1.5 metres (5 feet) whereas the Zoning by-law requires the minimum distance between any building on a lot including accessory buildings and principal buildings to be 3.0 metres (9.8 feet).

Page 108 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance has been received to permit an accessory building (detached garage) within the projected front yard of the dwelling on the subject property, and for the distance between the accessory building (detached garage) and the principal building to be less than 3 metres (9.8 feet). The subject property, municipally known as 4760 Bellrock Road, is located on the north side of Bellrock Road. The subject property is accessed from a shared driveway off Bellrock Road located on the property to the east. It contains a single detached dwelling. The proposed detached garage is 9.8 metres by 9.8 metres (32 feet by 32 feet). It will be 119 square metres (1281 square feet) in size. It will be single storey in compliance with the height for an accessory structure in the Rural zone as outlined in Zoning By-law No. 2003-75. The proposed detached garage will be located to the south of the single detached dwelling. The proposed detached garage will be located 22 metres (72 feet) from the front lot line adjacent to Bellrock Road. The garage will be located 23 metres (75 feet) from the east lot line, which is the same distance as the dwelling. The detached garage will be located 1.5 metres (5 feet) from the edge of the existing landing to the dwelling. In total there will be 3 metres (10 feet) from foundation to foundation between the dwelling and the garage. The existing septic system is located to the west of the dwelling.

Department, Agency and Public Comments Public Services Department – This application did not meet the criteria for circulation. Building Department (Sewage System Review) – This application did not meet the criteria for circulation. Building Department – The Building Department confirmed that there are no Ontario Building Code requirements that will conflict with there being 1.5 metres between the detached garage and landing on the dwelling. Quinte Conservation – This application did not meet the criteria for circulation. Public Comments – No comments have been received from the public.

Does the variance maintain the general intent and purpose of the Official Plan? The variance maintains the general intent and purpose of the Official Plan as the proposed detached garage is an accessory use consistent with the permitted residential use of a property within the Rural designation.
Does the variance maintain the general intent and purpose of the Zoning By-law? The variance maintains the general intent and purpose of the Zoning By-law. The proposed detached garage is a permitted use on the subject property. The proposed detached garage does not exceed the maximum permitted height, nor lot coverage, and is not larger than the principal building. The front lot line for this property is along Bellrock Road, however the dwelling is oriented to the eastern interior lot line, as subject property is accessed from a shared driveway on the property to the east. The detached garage is located a suitable distance from property lines, exceeding the setback requirements for a principal building and an accessory structure in the RU zone. The decrease in distance between the buildings is reasonable for the proposed development as it complies with the Ontario Building Code.

Page 109 of 111

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development of the subject property. The proposed location is appropriate due to the orientation of the existing dwelling toward the shared driveway to the east, and the location of the septic system west of the house. As well, the distance of the garage from all lot lines. The garage would be accessed from the existing driveway. The principal dwelling will conceal the detached garage from the neighbouring property to the north. 4. Is the variance minor? Yes, the variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-29-21-P, subject to conditions.

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

The Minor Variance is for a detached garage. The detached garage is permitted to be located in the front yard of the dwelling, to be set back a minimum of 20 metres (65.6 feet) from the front lot line and to be located 1.5 metres (5 feet) from the principal building, all as per the drawings received and submitted with MV-29-21-P, attached to the Decision as Schedule “A”.
A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor Variance MV-29-21-P is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Date of Site Visit: June 28, 2021

Page 110 of 111

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

July 8, 2021

REPORT DATE:

July 5, 2021

SUBJECT:

Decisions on Delegated Consents

RECOMMENDATION: THAT the Committee of Adjustment and Council receive this report for information. BACKGROUND: The authority to grant undisputed consents is delegated to the Director of Development Services under By-law 2020-27. This report lists the applications which met the criteria for being considered as an undisputed consent and have received provisional consent approval. Committee of Adjustment is notified for information. COMMENTS: a)

S-22-21-B (Owner/Applicant) W. Ross Barr (Agent) Peter Smallman-Tew

Location: Part Lots 22 and 23, Concession 5, District of Bedford, Township of South Frontenac, municipally known as 22 Beatrice Lane. This undisputed consent was granted provisional consent on June 30, 2021. The purpose and effect of this application is for the creation of a lot addition. The proposed lot addition is approximately 2.1 hectares (+/- 5.25 acres) in size and will have approximately +/- 200 metres (+/- 656 feet) of road frontage on Beatrice Lane and approximately 72 metres (+/- 236 feet) of frontage on Bob’s Lake. The severed parcel is being added to 179 Beatrice Lane. b)

S-02-21-L (Owner/Applicant) Donna & Trent McKee

Location: Part Lot 8, Concession 7, District of Loughborough, Township of South Frontenac, Being Parts 1 -5 and part 6 on RP 13R4396 municipally known as 4356 Sills Bay Road, Eel Bay, Sydenham Lake. This undisputed consent was granted provisional consent on June 25, 2021. The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed consists of approximately 1.04 hectares (+/2.6 acres) and +/- 145 metres (+/- 475 feet) of frontage on Sills Bay Road. ATTACHMENTS: None Submitted by:

Michelle Hannah, Planning Assistant and Secretary Treasurer of Committee of Adjustment

Approved by:

Claire Dodds Director of Development Services

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 111 of 111

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