Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: June 8, 2017 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:
7:00 PM, Thursday, June 8, 2017 Council Chambers.
Call to Order
a)
Resolution
Adoption of Agenda
Declaration of pecuniary interest
Approval of Minutes – [May 11, 2017]
a)
Resolution
Consent Applications from Previous Meetings:
a)
S-15-17-L - Estate of John Francis Koen - Concession 7, Part Lot 24/25, North Shore Road, District of Loughborough - change of conditions to remove 5% parkland fee condition from provisional consent
b)
S-21-17-S - 1324782 Ontario Inc. - Concession 7, Part Lot 36/37, McGarvey Road, District of Storrington - consent to create a new lot
Minor Variance Applications from Previous Meetings:
a)
MV-17-17-B - Norman & Goretti Silva - Concession 7, Part Lot 32, 127 Fairhaven Lane, District of Bedford - minor variance to permit an increase in height of an accessory building
38 - 40
b)
MV-24-17-S - Carolyn Anglin - Concession 10, Part Lot 4, Hickory Lane, District of Storrington - minor variance to permit construction within the 30m setback from water.
41 - 56
New Consent Applications:
a)
S-22-17-L - D’Arcy Snider - Concession 4, Part Lot 4, Rutledge Road, District of Loughborough - consent to create a new lot
57 - 60
b)
S-23-17-P - Brent McConville - Concession 10, Part Lot 10, Bellrock Road, District of Portland - consent to create a new lot
61 - 66
c)
S-24-17-L - Estate of John Francis Koen - Concession 7, Part Lot 24, North Shore Road, District of Loughborough - consent to create a lot addition
67 - 71
d)
S-25-17-S - Colin Kier - Concession 7, Part Lot 24, Kier Road, District of Loughborough - consent to create a new lot
72 - 77
e)
S-26-17-S, S-27-16-S - Donna Howlett - Concession 8, Part Lot 7, Sands Road, District of Storrington - consent to create a new lot, together with a right-of-way
78 - 83
3 - 31
32 - 37
Page 1 of 116
f)
S-28-17-S - Rod & Candy Caird - Concession 7, Part Lot 17, Dixon Road, District of Storrington - consent to create a new lot
84 - 89
g)
S-29-17-L - Donald Shales - Concession 10, Part Lot 17, Shales Road, District of Loughborough - consent to create a lot addition
90 - 92
h)
S-30-17-L - Kurt & Evelyn Jespersen - Concession 8, Part Lot 6, Sands Road, District Storrington - consent to create a new lot
93 - 95
i)
S-31-17-L - Robert & Bette Butterill - Concession 10, Part Lot 23/24, Opinicon Road, District of Loughborough - consent to create a new lot
96 - 99
j)
S-32-17-B - Carl Knapp - Concession 2, Part Lot 26, Bradshaw Road, District of Bedford - consent to create a new lot
New Minor Variance Applications:
a)
MV-25-17-S - James Alexander - Concession 2, Part Lot 22, 3859 Moreland-Dixon Road, District of Storrington - minor variance to permit construction within the 30m setback from water
103 111
b)
MV-26-17-B - James Brant - Concession 4, Part Lot 25, Birch Island, District of Bedford - minor variance to permit construction within the 30m setback from water
112 116
Other Business
Adjournment
a)
Resolution
100 102
Page 2 of 116
TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT MINUTES 17:04 May 11, 2017 LOCATION:
South Frontenac Municipal Offices, Sydenham
IN ATTENDANCE:
Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) David Hahn (Bedford District) Alan Revill (Bedford District-C) Larry Redden (Portland District) John McDougall (Portland District-C) Ross Sutherland (Loughborough District-C)
ABSENT WITH REGRETS:
John Sherbino (Loughborough District)
STAFF:
Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer
Table of Contents Item # 1: Call to Order ……………………………………………………………………………………….. 1 Item # 2: Adoption of the Agenda ………………………………………………………………………… 1 Item # 3: Declaration of Pecuniary Interest …………………………………………………………… 2 Item # 4: Approval of Minutes……………………………………………………………………………… 2 Item # 5: MV-28-16-B (Bechard) …………………………………………………………………………. 2 Item # 6: MV-08-17-B (Cove) ……………………………………………………………………………… 3 Item # 7: MV-14-17-B (Muzik) …………………………………………………………………………….. 4 Item # 8: S-08-17-L (Koen)…………………………………………………………………………………. 5 Item # 9: S-09-17-S (Desrochers) ……………………………………………………………………….. 6 Item # 10: S-11-17-S (Desrochers) ……………………………………………………………………… 7 Item # 11: S-10-17-S (Richards) …………………………………………………………………………. 9 Item # 12: S-12-17-S (Cliff) ………………………………………………………………………………. 10 Item # 13: S-13-17-S (Cliff) ………………………………………………………………………………. 11 Item # 14: S-14-17-L (Quintal)…………………………………………………………………………… 12 Item # 15: S-15-17-L (Koen)……………………………………………………………………………… 14 Item # 16: S-16-17-L (Veryzer) ………………………………………………………………………….. 15 Item # 17: S-17-17-S, S-18-17-S (K. Mulrooney Trucking)…………………………………….. 17 Item # 18: S-19-17-S, S-20-17-S, S-21-17-S (1324782 Ontario Inc.) ………………………. 19 Item # 19: MV-16-17-L (Vanden Heuval) ……………………………………………………………. 22 Item # 20: MV-17-17-L (Silva) …………………………………………………………………………… 23 Item # 21: MV-18-17-S (Brown) ………………………………………………………………………… 23 Item # 22: MV-19-17-B (Ryckman) …………………………………………………………………….. 24 Item # 23: MV-20-17-B (McNichols) …………………………………………………………………… 25 Item # 24: MV-21-17-S (Harvey) ……………………………………………………………………….. 26 Item # 25: MV-22-17-B (Brice) ………………………………………………………………………….. 27 Item # 26: MV-23-17-B (Kimmett) ……………………………………………………………………… 27 Item # 27: MV-24-17-S (Anglin)…………………………………………………………………………. 28 Item #28 : Adjournment ……………………………………………………………………………………. 29 Item # 1: Call to Order RESOLUTION:
C of A: 17:04:01
Moved by: J. McDougall
Seconded by: L. Redden
THAT the May 11, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:0 p.m. with Alan Revill in the Chair. Carried Item # 2: Adoption of the Agenda Approved as circulated Page 3 of 116
2 Item # 3: Declaration of Pecuniary Interest None declared Item # 4: Approval of Minutes RESOLUTION:
C of A: 17:04:02
Moved By: L. Redden
Seconded By: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the April 13, 2017 meeting of the Committee, as circulated. Carried Item # 5: MV-28-16-B (Bechard) Speaking to the Application: Mike Preston (agent) Discussion: This application was brought to the Committee in December, 2016 but was deferred due to a lack of comments from KFL&A Public Health. This application was originally submitted in July 2016 but was deferred from coming to the Committee at the request of the applicant due to an early unfavourable report from the Cataraqui Region Conservation Authority. After reworking the original submission the applicant was able to satisfy the concerns of the CRCA, who now have no objections to the proposal. The subject land consists of a 24.7 +/- hectares (61 acres) with frontage on Desert Lake. The lot is currently vacant. The proposal is for the construction of a new 3,255 square foot footprint two (2) storey dwelling, to be located a minimum of 82.5 feet (25m) on the northern side and a minimum of 30m on the southern side, from the high water mark of Desert Lake. The proposed location is on a peninsula and on the side which is encroaching into the HWM setback the structure will be up against a large rock ridge that will aid in reducing potential environmental impact. The applicant is also planning on constructing a 300 square foot maximum footprint sleeping cabin, but this will be located entirely outside the 30m setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Comments from public health have yet to be received, though the applicant has indicated they are planning on installing a new septic system at a minimum distance of 15m from the high water mark of Desert Lake as required by the building code. UPDATE: Comments from Public Health have now been received and they have no objections as the applicant has submitted and received approval to install a new septic system. RESOLUTION:
C of A: 17:04:03
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-05-17-B by Robert Bechard and Jamie Maclean, to permit construction within the 30m setback from water, in Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-28-16-B Robert Bechard & Jamie Maclean Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM Date of Hearing: December 8, 2016 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS Page 4 of 116
3
- This minor variance is for the construction of a new 3,255 square foot footprint two (2) storey dwelling, to be located a minimum of 82.5 feet (25m) from the high water mark of Desert Lake.
- Minor variance MV-28-16-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 6: MV-08-17-B (Cove) Speaking to the Application: None Speaking Discussion: This item was originally brought to the Committee in March, 2017 but was deferred pending receipt of a report from KFL&A public health. This item was returned to the Committee in April, 2017 but there were continuing questions regarding the size, shape and depth of the proposed parking area, along with questions over exact building placement. These concerns have been address by the applicant via email (see attached) The subject land consists of a 0.38 +/- acres with frontage on Bobs Lake. The lot is currently developed with a 100 square foot storage shed, a 10 square foot outhouse, and a 100 square foot deck with attached drawbridge style dock. The proposal is for the demolition of the existing storage shed and the construction of 25 ft. by 30 ft. (750 square foot) two story seasonal dwelling to be located a minimum of 55 feet from the high water mark (HWM) of Bob’s Lake. Also proposed is the construction of an 8 ft. by 16 ft. (128 square foot) storage shed to be located a minimum of 120 feet from the HWM and the construction of a gravelled 30 foot by 50 foot parking area to be located along the eastern edge of the property. The proposed location for the septic system is a minimum of 90 feet from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION: Moved by: J. McDougall
C of A: 17:04:04 Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-08-07-B by Kevin and Harriet Cove, to permit construction within the 30m setback from water, in Concession 6, Part Lot 32, Island Drive Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-08-17-B Kevin and Harriet Cove Concession 6, Part Lot 32, Island Drive Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM Date of Hearing: March 9, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the demolition of the existing storage shed and the construction of a 750 square foot two (2) story dwelling to be located a minimum of 55 feet from the high water mark of Bob’s Lake.
Page 5 of 116
4 2. Minor variance MV-08-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. 4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 7: MV-14-17-B (Muzik) Speaking to the Application: Sally Muzik, Joe Bowes (agent), Dave Brown (Taskforce Engineering) Discussion: This application was originally brought to the Committee in April, 2017 but was deferred to allow an opportunity for the applicant to confirm and stake out the proposed building location and allow an opportunity for Committee members to conduct a site visit. The applicant has confirmed the proposed setback from the HWM at 30 feet and has indicated they are willing to survey locate the new foundation if required. The subject land consists of 1.24 +/- acres with frontage on Bob’s Lake and Morton Point Lane. The lot is currently developed with a 760 square foot footprint dwelling with an attached 400 square foot deck located approximately 6 feet from the high water mark of Bobs Lake, plus a 200 square foot detached garage located 7 feet from the HWM and a 120 square foot shed located 10 feet from the HWM of Bob’s Lake. The proposal is for the demolition of all existing structures and the construction of a 960 square foot dwelling to be located a minimum of 30 feet from the HWM of Bob’s Lake. This proposed structure will be raised to accommodate a crawlspace for utilities and new foundation. A new septic system is proposed to be located on the south side of Morton Point Lane in order to minimize impact on the lake. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Valley Conservation Authority has no objection the application as submitted. They have recommended several best management practices to be incorporated into the site plan agreement, including re-establishment of the waterfront vegetative buffer in front of the new structure except for a pedestrian access path to the dock/water. KFL&A Public Health has no objections. Comments were not required from roads. The building department has no objections. There was discussion amongst committee members regarding the feasibility of placing all structures on south side of Morton Point Lane, as well as concerns over whether or not the requested 30 foot setback could be achieved. There was also discussion regarding the possibility of moving the existing lane to allow for a greater setback on the north side of Morton Point Lane. J. Bowes stated he had completed detailed measurements on the property and there was very limited space to locate everything on the south side of the lane. Possibly would have to locate parking area on north side should dwelling be pushed to south side and parking areas have greater runoff capability and environmental impact. D. Brown spoke to a number of points: Ms. Muzik was trying to produce better conditions that what currently exists regarding setbacks (30 feet vs. 6 feet) and septic construction (currently no septic system); all existing structures will be removed (shed, garage and cottage) and only the cottage will be reconstructed leading to an 11.4% reduction in overall footprint on the lot; that the proposal may not meet the magic number desired but overall the proposal is a significant improvement on current conditions. RESOLUTION: Moved by: D. Hahn
C of A: 17:04:05 Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-14-17-B by Sally Muzik, to permit construction within the 30m setback from water, in Concession 2, Part Lot 21, Morton Point Lane, District of Bedford, subject to conditions. Carried
Page 6 of 116
5 Application No: Owner: Location of Property:
MV-14-17-B Sally Muzik Concession 2, Lot/Part Lot 21, 25 Morton Point Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section 10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from HWM Date of Hearing: April 13, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 960 square foot footprint, single story, dwelling with a crawlspace underneath, no living space permitted, to be constructed a minimum of 30 feet from the high water mark of Bob’s Lake.
- Minor variance MV-14-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 8: S-08-17-L (Koen) Speaking to the Application: None Speaking Discussion: The subject land consists of 4.3 +/- acres with frontage on Koen Road and Loughborough Lake. The lot is currently vacant. The proposal is for the creation of a new 0.2 +/- acre lot addition, with 60 feet of frontage on Koen Road and 60 feet of water frontage, to be added to 316 Koen Road (ARN 102904003013400). The property to be enlarged is currently 0.25+/- acres in size and is developed with a seasonal dwelling. The planning department is able to support the application for the lot addition as the proposal increases the size of a significantly undersized waterfront lot. Cataraqui Region Conservation Authority has no objections to the application, but note that written permission must be obtained prior to any development taking place on the property. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required. RESOLUTION:
C of A: 17:04:06
Moved by: R. Sutherland
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-08-17-L by the Estate of John Francis Koen, to create a lot addition, in Concession 6, Part Lot 25, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-08-17-L Estate of John Francis Koen Concession 6, Lot/Part Lot 25, Koen Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS: Page 7 of 116
6
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-08-17-L shall be for the creation of a 0.2 +/acre lot addition only to 316 Koen Road (ARN 102904003013400).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 9: S-09-17-S (Desrochers) Speaking to the Application: George Desrochers Discussion: The subject land consists of 215.5 +/- acres with frontage on Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is for the creation of a 10+/acre lot addition to be added to 5002 Ramparts Road (ARN 102906006015200). The property to be enlarged is currently 25+/- acres in size and is developed with a single detached dwelling and two accessory buildings. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION:
C of A: 17:04:07
Moved by: R. Sleeth
Seconded by: K. Gee
Page 8 of 116
7 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-09-17-S by George Desrochers to create a lot addition, in Concession 10, Part Lot 13, Ramparts Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-09-17-S George Desrochers Concession 10, Lot/Part Lot 13, Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-09-17-L shall be for the creation of a 10 +/acre lot addition only to 5002 Ramparts Road (ARN 102906006015200).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 10: S-11-17-S (Desrochers) Speaking to the Application: George Desrochers Page 9 of 116
8
Discussion: The subject land consists of 215.5 +/- acres with frontage on Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is for the creation of a 140+/acre lot addition to be added to a vacant parcel (ARN 102906006015223). The property to be enlarged is currently 0.4 +/- acres in size and is land locked. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION:
C of A: 17:04:08
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-11-17-S by George Desrochers to create a lot addition, in Concession 10, Part Lot 13, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-11-17-S George Desrochers Concession 10, Lot/Part Lot 13, Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-11-17-L shall be for the creation of a 140 +/acre lot addition only to a vacant parcel (ARN 102906006015223).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: Page 10 of 116
9 The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 11: S-10-17-S (Richards) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.67 +/- acres with frontage on Greenfield Road. The lot is currently vacant. The proposal is for the creation of a 0.02+/- acre lot addition with 5 feet of frontage on Greenfield Road to be added to 3920 Greenfield Road (ARN 102906002014750). This lot addition is to rectify the issue of the septic pipes and other buried service lines for 3920 Greenfield Road being located on the abutting property. The property to be enlarged is currently 6.5+/- acres in size and is developed with a single detached dwelling and a detached accessory building. The planning department is able to support the application for the lot addition. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:09 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-10-17-S by Mark and Julie Richards, to create a lot addition, in Concession 4, Part Lot 18, Greenfield Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-10-17-S Mark & Julie Richards Concession 4, Lot/Part Lot 18, Greenfield Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-10-17-L shall be for the creation of a 0.02 +/acre lot addition only to 3920 Greenfield Road (ARN 102906002014750).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
Page 11 of 116
10 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 12: S-12-17-S (Cliff) Speaking to the Application: David Cliff Discussion: The subject land consists of 86.5 +/- acres with frontage on Holmes Road. The lot is developed with a single detached dwelling and multiple agricultural outbuildings. The proposal is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m of frontage along Holmes Road. A Minimum Distance Separation calculation has been done and the proposed lot is outside the area of influence. The planning department is able to support the application for the proposed lot. The Public Works department has no objections. KFL&A Public Health has no objections and states that the lot is flexible for the siting of a septic system. The building department has no objections. Comments from Cataraqui Region Conservation Authority were not required RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:10 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-12-17-S by David Cliff, to create a new lot, in Concession 1, Part Lot 18/19, Holmes Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-12-17-S David Cliff Concession 1, Lot/Part Lot 18/19, Holmes Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS: Page 12 of 116
11
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-12-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage along Holmes Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the new parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 13: S-13-17-S (Cliff) Speaking to the Application: David Cliff Discussion: The subject land consists of 86.5 +/- acres with frontage on Holmes Road. The lot is developed with a single detached dwelling and multiple agricultural outbuildings. The proposal is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m of frontage along Holmes Road. A Minimum Distance Separation calculation has been done and the proposed lot is outside the area of influence. This lot, should it be approved, will be the third and final severance permitted from 4276 Holmes Road. The planning department is able to support the application for the proposed lot. The Public Works department has no objections. KFL&A Public Health has no objections and states that the lot is flexible for the siting of a septic system. The building department has no objections. Comments from Cataraqui Region Conservation Authority were not required. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:11 Seconded by: K. Gee Page 13 of 116
12 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-13-17-S by David Cliff, to create a new lot, in Concession 1, Part Lot 18/19, Holmes Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-13-17-S David Cliff Concession 1, Lot/Part Lot 18/19, Holmes Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-13-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage along Holmes Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the new parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 14: S-14-17-L (Quintal) Speaking to the Application: None Speaking Page 14 of 116
13 Discussion: The subject land consists of 1.5 +/- acres with approximately 700 feet of frontage on Sydenham Lake. The lot is developed with a single detached dwelling and a detached accessory building (1971 Hogan Road). The proposal is for the creation of a 0.3+/- acre lot addition to a 1.2 +/- acre vacant parcel (ARN 102905004061215). This lot addition will have the effect of creating a new waterfront lot, as the lot being enlarged currently does not have any frontage on Sydenham Lake. The vacant lot does have an existing deeded right-of-way over 1971 Hogan Road, to access Sydenham Lake and this right-of-way is encompassed within the lot addition parcel; the lot addition parcel is also separated from the rest of the lot by a significant difference in elevation. These factors combined have the effect of making the lot addition parcel unusable to 1971 Hogan Road. While there is sufficient waterfrontage to allow both lots to have the required minimum of 91m both the severed and retained parcels will need to be rezoned to a special Waterfront Residential zone to reflect the reduced lot sizes, 1.5 +/- acres (vacant) and 1.2 +/- acres (1971 Hogan Road). The planning department is able to support the application for the proposed lot. Cataraqui Region Conservation Authority has evaluated the proposal and have no objections based on consideration for natural hazards, natural heritage and water quality. They have indicated that a permit may be required for any proposed development on the lot as it lies within 120 metres of a provincially significant wetland. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required. RESOLUTION: Moved by: R. Sutherland
C of A: 17:04:12 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-14-17-L by Don and Claudette Quintal, to create a lot addition, in Concession 6, Part Lot 11, Hogan Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-14-17-L Don & Claudette Quintal Concession 6, Lot/Part Lot 11, Hogan Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-14-17-L shall be for the creation of a 0.3 +/acre lot addition only, with a minimum of 91m of frontage along Sydenham Lake, to a vacant parcel (ARN 102905004061215).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such Page 15 of 116
14 width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit. 8. The applicant shall rezone the lots (severed and retained parcels) to be created from Consent Application S-14-17-L from Rural to a Special Residential Waterfront Zone in order to recognise the undersized lots. Please contact Lindsay Mills, the Township Planner, to begin this process. Item # 15: S-15-17-L (Koen) Speaking to the Application: None Speaking Discussion: The subject land consists of 150 +/- acres with frontage on Northshore Road and Leland Road. The lot is currently vacant. The proposal is for the creation of a 50 +/- acre lot, identified as Part 3 on reference plan 13R18071 with frontage on Northshore Road and Leland Road. This part was originally a separate parcel but has merged with the southern 100 +/- acres (identified as Part 1 on reference plan 13R18071) through common ownership. The two parcels are joined along a 30 foot long fence line and the proposal is to divide them along this existing line. The applicant has indicated the intention of selling to 50 +/- acre parcel to the Nature Conservancy of Canada (NCC) as a significant portion of the lot is designated as provincially significant wetland and unsuitable for development. The applicant will be required to rezone the parcel created from Rural to Open Space – Private in order to limit the possibility of future development. The planning department is able to support the application for the proposed lot. Cataraqui Region Conservation Authority has evaluated the proposal and has recommended deferral of the application until the applicant has completed an Environmental Impact Assessment which recommends an appropriate location to access the portion of the property that could be considered for development which demonstrates no negative effects. Once completed the CRCA has requested to be circulated with the EIA so they can complete a peer review of the evaluation. Note: The CRCA has been advised of the intention to sell the severed parcel to the NCC and the required rezoning to OS-P; they have indicated they would be favourable to this. The building department has no objections. Comments from KFL&A Public Health and Public Works were not required as there is no new entrance or septic system proposed. RESOLUTION: Moved by: R. Sutherland
C of A: 17:04:13 Seconded by: R. Sleeth
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-15-17-L by the Estate of John Francis Koen, to create a new lot, in Concession 7, Part Lot 24/25, North Shore Road, District of Loughborough, subject conditions. Page 16 of 116
15
Carried Application No: Owner: Location of Property:
S-15-17-L Estate of John Francis Koen Concession 7, Lot/Part Lot 24/25, Northshore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-15-17-L shall be for the creation of a 50 +/acre lot with frontage on Northshore Road and Leland Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
- The applicant shall rezone the lot to be created from Consent Application S-15-17-L from Rural to Open Space – Private Zone in order to limit future development. Please contact Lindsay Mills, the Township Planner, to begin this process. Item # 16: S-16-17-L (Veryzer) Speaking to the Application: John McLaren Page 17 of 116
16
Discussion: The subject land consists of 38.4 +/- acres with frontage on Rosedale Road. The lot is currently developed with a single detached dwelling. The proposal is for the creation of a minimum 2.0 acre residential with a minimum of 76m of frontage along Rosedale Road. This new lot will encompass the existing structure. The planning department is able to support the application for the proposed lot. The building department has no objections. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health, Public Works were not required as there is no new entrance or septic system proposed. RESOLUTION: Moved by: R. Sutherland
C of A: 17:04:14 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-16-17-L by Krista Veryzer and Paul Rapin, to create a new lot, in Concession 6, Part Lot 4, Rosedale Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-16-17-L Krista Veryzer, Paul Rapin Concession 6, Lot/Part Lot 4, Rosedale Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-16-17-L shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Rosedale Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds;
Page 18 of 116
17 c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; 7. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 17: S-17-17-S, S-18-17-S (K. Mulrooney Trucking) Speaking to the Application: Jennifer Garrah Discussion: The subject land consists of 73.3 +/- acres with frontage on Frontenac Road and Battersea Road. The lot is currently vacant but partially zoned Rural Industrial which permits a variety of uses. The proposal is for the creation two (2) new residential lots each a minimum of 2 acres in size, with a minimum of 76m of frontage on Frontenac Road. Both proposed lots are outside the 500m area of influence for the nearby mineral aggregate designated lands. The planning department is able to support the application for the proposed lots. The building department has no objections. Public works has no objections. KFL&A has no objections and has indicated both proposed lots are flexible in terms of siting a septic system. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:15 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-17-17-S by K. Mulrooney Trucking, to create a new lot, in Concession 7, Part Lot 37/38, Frontenac Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-17-17-S K. Mulrooney Trucking Concession 7, Lot/Part Lot 37/38, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-17-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Frontenac Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
Page 19 of 116
18 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:16 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-18-17-S by K. Mulrooney Trucking, to create a new lot, in Concession 7, Part Lot 37/38, Frontenac Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-18-17-S K. Mulrooney Trucking Concession 7, Lot/Part Lot 37/38, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-18-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Frontenac Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) Page 20 of 116
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- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 18: S-19-17-S, S-20-17-S, S-21-17-S (1324782 Ontario Inc.) Speaking to the Application: Jennifer Garrah Discussion: The subject land consists of 73.3 +/- acres with frontage on McGarvey Road and Battersea Road. The lot is currently developed with an unoccupied livestock barn currently used for machine storage. The proposal is for the creation three (3) new residential lots each a minimum of 2 acres in size, with a minimum of 76m of frontage on Battersea Road. The northeastern most lot will also have frontage on McGarvey Road. A Minimum Distance Separation calculation has been completed for the unoccupied livestock barn and two (2) of the three (3) proposed lots lie partially or entirely within the area of influence. If the applicant wishes to proceed with these proposed lots, this barn needs to be formally decommissioned and the retained parcel rezoned to prevent the housing of livestock in any structure existing at the date of passage of the by-law. All three (3) proposed lots are outside the 500m area of influence for the nearby mineral aggregate designated lands. Public works is unable to permit three additional driveway entrances onto Battersea Road as it is a former county road and is subject to increased distances between entrances. After discussions with the planning and public works departments the applicant has agreed to revise the proposed lot configurations to have one lot with frontage only on Battersea Road, one lot with frontage on both Battersea Road and McGarvey Road, and one lot with frontage only on McGarvey Road. This will allow two of the three proposed lots to have entrances from McGarvey Road and only one with an entrance on Battersea Road in order to satisfy the spacing requirements. The lot with frontage exclusively on McGarvey Road will also encompass the existing livestock barn and remove the requirement to rezone the retained parcel as the lot created will be too small to permit livestock. The building department has no objections. KFL&A has no objections and has indicated all three (3) proposed lots are flexible in terms of siting a septic system. Comments from Cataraqui Region Conservation Authority were not required. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:17 Seconded by: K. Gee Page 21 of 116
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THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-19-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-19-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-19-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Battersea Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION:
C of A: 17:04:18 Page 22 of 116
21 Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-20-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, Battersea Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-20-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37, Frontenac Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-20-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Battersea Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. RESOLUTION:
C of A: 17:04:19 Page 23 of 116
22
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-21-17-S by 1324782 Ontario Inc., to create a new lot, in Concession 7, Part Lot 36/37, McGarvey Road, District of Storrington, subject to KFL&A public health approval. Carried Item # 19: MV-16-17-L (Vanden Heuval) Speaking to the Application: Rita Vanden Heuval, Reg Genge Discussion: The subject land consists of 1.5 +/- acres with frontage on Trotter Road and Shales Road. The lot is currently vacant. The proposal is for the construction of a 30 foot by 40 foot (1200 square foot footprint) dwelling to be located 15m from the front property line, 2.5m from the side property line and 22m from the unnamed waterbody located on the property. This unnamed waterbody was enlarged to the current size by the previous owner and the applicant is in process with the Cataraqui Region Conservation Authority to reduce the dimensions of this waterbody in order to increase the setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Cataraqui Region Conservation Authority has no objections to the proposal as submitted. KFL&A Public health has no objections to the proposal as the applicant has an has submitted and received approval for a permit to install a septic system on the lot. Public works has no objections. The building department has no objections. R. Sutherland has visited the site and would like to increase the reduction in front yard setback in order to also increase the distance from the water; 10m from the road and 27m from the water. Lisa Lajeunesse spoke about concerns over the infill of the pond and impacts on species. R. Parslow indicated he has been working with the CRCA to infill the man made pond. Several emails were received from neighbours who expressed similar concerns regarding the infilling of the pond and the impacts on the water flow and species in the area. These emails were taken into consideration by the committee when making their decision. RESOLUTION: Moved by: R. Sutherland
C of A: 17:04:20 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-16-17-L by Richard Parslow, to permit construction within the 30m setback from water, within the 15 setback from top of bank, within the 20m front yard setback, within the 3m sideyard setback, in Concession 10, Part Lot 19, Trotter, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
MV-16-17-L Richard Parslow Concession 10, Lot/Part Lot 19, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section 7.3.2 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from HWM, within 15m from top of bank, within the 20m front yard setback, within the 3m side yard setback Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 1200 square foot footprint dwelling to be constructed a minimum of 27m from the high water mark of the unnamed waterbody on a Page 24 of 116
23 vacant property (ARN 102904004001430), a minimum of 10 from the front property line at Trotter Road and a minimum of 2.5m from the side property line. 2. Minor variance MV-16-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. 4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 20: MV-17-17-L (Silva) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.86 +/- acres with frontage on Fairhaven Lane and Bobs Lake. The lot is currently developed with a single detached dwelling. The proposal is for the construction of a 35 foot by 40 foot (1400 square feet) detached accessory building with a finished height of 24.5 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. Comments from Rideau Valley Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. D. Hahn visited the site and has concerns over a deck near the water which is currently under construction, in addition to a shed near the proposed site of the garage. He would like these questions addressed prior to making a decision on the variance application. RESOLUTION:
C of A: 17:04:21
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-17-17-B by Norman and Goretti Silva, to permit an increase in height of an accessory building, in Concession 7, Part Lot 32, Trotter, District of Bedford, subject to investigation over possible unauthorised structures on the property. Carried Item # 21: MV-18-17-S (Brown) Speaking to the Application: Janet Brown Discussion: The subject land consists of 6.66 +/- acres with frontage on Huntbach Lane and Dog Lake. The lot is currently developed with a single detached dwelling (4806 Huntbach Lane). The proposal is for the construction of a 160 square foot footprint screen porch addition to be located a minimum of 25.2m from the high water mark of Dog Lake. There is currently a deck in place which extends past the end of the dwelling to approximately 25m from the HWM. The applicant intends to remove the existing deck structure and rebuild the entire thing at the same time as construction the screen porch addition and remove all portions of the deck which extend past the structure. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Waterway Development Review Team has evaluated the proposal and have no objections to the application. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:22 Seconded by: K. Gee Page 25 of 116
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THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-18-17-S by Janet Brown, to permit construction within the 30m setback from water, in Concession 10, Part Lot 17/18, Huntbach Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
MV-18-17-S Janet Brown Concession 10, Lot/Part Lot 17/18, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 160 square foot footprint screen porch addition to an existing structure located at 4806 Huntbach Lane to be located a minimum of 25m from the high water mark of Dog Lake.
- Minor variance MV-18-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 22: MV-19-17-B (Ryckman) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.0 +/- acres with frontage on West Devil Lake Lane and Devil Lake. The lot is currently developed with a single detached dwelling (199 West Devil Lake Lane). The proposal is for the construction of a 12 foot by 34 foot deck to be located a minimum of 26.3m (86.3 feet) from the high water mark of Devil Lake. There is currently a 2.2 m (7.5 ft.) wide deck and stairs located on the water side, the proposed deck will extend a further 1.5m into the setback from the HWM. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Cataraqui Region Conservation Authority is recommending denial of the application as they feel it does not meet the intent of the Official Plan. CRCA notes that the proposed development is outside the setback from the flood plain and outside the erosion hazard area identified on the property. They have also indicated that a permit will be required for all development on this property. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:
C of A: 17:04:23
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-19-17-S by Steven and Cindy Ryckman, to permit construction within the 30m setback from water, in Concession 10, Part Lot 9, Devil Lake Lane, District of Bedford, subject to conditions. Carried Application No:
MV-19-17-B Page 26 of 116
25 Owner: Location of Property:
Steven Ryckman and Cindy Ryckman Concession 10, Lot/Part Lot 9, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 12 foot by 34 foot deck to be located a minimum of 26.3m from the high water mark of Devil Lake.
- Minor variance MV-19-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 23: MV-20-17-B (McNichols) Speaking to the Application: Paul McNichols Discussion: The subject land consists of 1.24 +/- acres with frontage on McNichols Lane and Thirty Island Lake. The lot is currently developed with a single detached dwelling and small accessory building. The proposal is for the construction of a 20 foot by 46 foot (920 square feet) detached accessory building with a finished height of 23.6 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. Comments from Rideau Valley Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION: Moved by: D. Hahn
C of A: 17:04:24 Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-20-17-B by Steven and Cindy Ryckman, to permit an increase in height of an accessory building, in Concession 3, Part Lot 7, McNichols Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-20-17-B Paul & Janice McNichols Concession 3, Lot/Part Lot 7, District of Bedford Township of South Frontenac Purpose of Application: To vary section10.3.2 of the Comprehensive Zoning By-law to permit an increase in height of an accessory building Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS: Page 27 of 116
26
- This minor variance is for the construction of a maximum 1400 square foot footprint accessory building with a finished height to peak of 23.6 feet. This accessory structure is not permitted to have any living space.
- Minor variance MV-20-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item # 24: MV-21-17-S (Harvey) Speaking to the Application: Nicholas Harvey Discussion: The subject land consists of 0.9 +/- acres with frontage on Ormsbee Road and Dog Lake. The lot is currently developed with a single detached dwelling (1517 Ormsbee Road) located approximately 26.8m from the high water mark of Dog Lake. The proposal is for a three (3) foot increase in height of the existing structure to permit an increase in living space on the second floor, as well as the creation of an outdoor deck above the existing covered porch which will be accessed from the upper level. The structure currently has a small upper loft area but the floor space is limited due to the pitch of the roof. This application is seeking to rectify a building without a permit situation discovered by the Chief Building Official. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Rideau Waterway Development Review Team has no objection to the application as it does not encroach any farther into the required setback from the HWM and does not increase the lot coverage. CRCA noted that a permit is required for the proposed development. Comments from KFL&A Public Health and Public Works were not required as the applicant has already upgraded his septic system to accommodate the renovations. The building department has no objections. RESOLUTION: Moved by: R. Sleeth
C of A: 17:04:25 Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-21-17-S by Nicholas Harvey, to permit construction within the 30m setback from water, in Concession 9, Part Lot 19, Ormsbee Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
MV-21-17-S Nicholas Harvey Concession 9, Lot/Part Lot 19, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section10.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for a maximum three (3) foot increase in height to peak of an existing dwelling located at 1517 Ormsbee Road to permit an increase in living space, in addition to the construction of a new second story deck over an existing lower level porch.
- Minor variance MV-21-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Page 28 of 116
27
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 25: MV-22-17-B (Brice) Speaking to the Application: Roger Brice Discussion: The subject land consists of 1.5 +/- acres with frontage on Perth Road and Devil Lake. The property is zoned RRC-34 and permits three tourist cabins, a single detached dwelling and an accessory storage building. The proposal is for the addition of a 100 square foot mudroom to the non-water side of the existing principal dwelling located approximately 20m from the high water mark of Devil Lake. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Cataraqui Region Conservation Authority has no objections as the permit issued for the renovations to the building included the proposed mudroom. Comments from KFL&A Public Health and Public Works were not required as the applicant has already upgraded his septic system to accommodate the renovations. The building department has no objections. RESOLUTION:
C of A: 17:04:26
Moved by: J. McDougall
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-22-17-B by Roger Brice, to permit construction within the 30m setback from water, in Concession 13, Part Lot 8, Perth Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-22-17-B Roger Brice Concession 13, Lot/Part Lot 8, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.8.2 and section18.3.1 of the Comprehensive Zoning Bylaw to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 100 square foot mudroom addition to an existing dwelling located 20m from the HWM of Devil Lake.
- Minor variance MV-22-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item # 26: MV-23-17-B (Kimmett) Speaking to the Application: Tony and Michelle Kimmett Discussion: The subject land consists of 43.9 +/- acres with frontage on Lee Road and Wolfe Lake. The property is currently developed with a seasonal dwelling and small accessory building. The proposal is for an increase in height (a maximum of 6 feet) of the existing dwelling to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services. The dwelling Page 29 of 116
28 is located approximately 55 feet at its closest point to Wolfe Lake and is within 120m of a Provincially Significant Wetland; as such, the applicant has submitted an Environmental Impact Assessment completed by Ontario Lake Assessments which stated there would be no long-term impacts as a result of the proposed construction. However, the EIA indicated that there needs to be appropriate soil stability measures taken during and after construction to prevent disruption of the native soil mantle. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Comments from Rideau Valley Conservation Authority have yet to be received. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:
C of A: 17:04:27
Moved by: D. Hahn
Seconded by: J. McDougall
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-23-17-B by Tony and Michelle Kimmett, to permit construction within the 30m setback from water, in Concession 10, Part Lot 23/24, Perth Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
MV-23-17-B Tony & Michelle Kimmett Concession 10, Lot/Part Lot 23/24, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from water Date of Hearing: May 11, 2017 Date of Decision: May 11, 2017 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the raising of an existing dwelling (966 Lee Road) a maximum of six (6) feet to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services; no living space is permitted.
- Minor variance MV-23-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 27: MV-24-17-S (Anglin) Speaking to the Application: Bill Anglin Discussion: The subject land consists of 1.49 +/- acres with frontage on Loughborough Lake. This property is unique in that while it is possible to drive to it via Hickory Lane it is essentially an island with a bridge to the mainland. The property is currently developed with a seasonal dwelling (1050 square feet plus 515 square foot deck) and small accessory building (less than 100 square feet) located 48 feet from the high water mark (HWM) of Loughborough Lake. The proposal is for the demolition of all existing structures on the property and the construction of a 1660 square foot dwelling plus rebuilding the same size deck to be located a minimum of 50 feet from the HWM. The applicant has also proposed the construction of a new 385 square foot detached garage as a future outbuilding also to be located a minimum of 50 feet from the HWM. The proposed dwelling and accessory buildings are to be located approximately 50 feet from Loughborough Lake and within 120m of a Provincially Significant Page 30 of 116
29 Wetland; as such, the applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments. The EIA suggests there is an opportunity to move the proposed cottage to the south somewhat to achieve a slightly better setback from the HWM and permit the possible construction of a full septic system as opposed to the two (2) tank holding tank setup currently being used. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Cataraqui Region Conservation Authority have no objections; however they have indicated that a permit will be required for the proposed construction. Comments from KFL&A Public Health have yet to be received. The building department has no objections. Comments from Public Works were not required. RESOLUTION:
C of A: 17:04:28
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-24-17-S by Carolyn Anglin, to permit construction within the 30m setback from water, in Concession 10, Part Lot 4, Hickory Lane, District of Storrington, subject to KFL&A approval. Carried Item #28 : Adjournment RESOLUTION:
C of A: 17:04:29
Moved by: J. McDougall
Seconded by: L. Redden
THAT the April 13, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:50 p.m. to reconvene at 7:00 p.m. on Thursday, June 8, 2017 or at the call of the Chair. Carried
Alan Revill Chair
Lindsay Mills Secretary-Treasurer
Page 31 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: June 7, 2017 Application No: Owner: Location of Property:
S-21-17-S 1324782 Ontario Inc. Concession 7, Lot/Part Lot 36/37 Battersea Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 11, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 73.3 +/- acres with frontage on McGarvey Road and Battersea Road. The lot is currently developed with an unoccupied livestock barn currently used for machine storage. The proposal is for the creation a new residential lot a minimum of 2 acres in size, with a minimum of 76m of frontage on McGarvey Road. This lot will encompass the livestock barn and result in a property of insufficient size for livestock so an MDS calculation is not required. The proposed lot is outside the 500m area of influence for the nearby mineral aggregate designated lands. The planning department is able to support the application for the proposed lots. Current Zoning: Rural (RU)/Rural Industrial (RI) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Public Works have yet to be received. The building department has no objections. KFL&A has no objections. Comments from Cataraqui Region Conservation Authority were not required.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
Page 32 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. The land to be severed by Consent Application S-21-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on McGarvey Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of each of the parcels in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Mulrooney Property Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 33 of 116
MCGARVEY ROAD
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Legend
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Retained Parcel
1324782 Ontario Inc. Property Existing Buildings
S-20-17-S (Lot 2)
1324782 Ontario Inc. Proposed Lots
S-19-17-S (Lot 1)
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
2969 Frontenac Road
Page 34 of 116
FRONTENAC ROAD
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: May 8, 2017 Application No: Owner: Location of Property:
MV-17-17-B Norman Silva and Goretti Silva Concession 7, Lot/Part Lot 32, District of Bedford Township of South Frontenac Purpose of Application: To vary section10.3.2 of the Comprehensive Zoning By-law to permit an increase in height of an accessory building Date of Hearing: May 11, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit an increase in height of an accessory building be considered for passage.
BACKGROUND The subject land consists of 1.86 +/- acres with frontage on Fairhaven Lane and Bobs Lake. The lot is currently developed with a single detached dwelling. The proposal is for the construction of a 35 foot by 40 foot (1400 square feet) detached accessory building with a finished height of 24.5 feet to the peak. This additional height is required to permit the construction of a second floor storage area. The proposed accessory building is outside the 30m setback from the high water mark and meets all other setbacks as required in the comprehensive zoning by-law. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained? And
- Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Rideau Valley Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections.
Page 38 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT CONDITIONS
- This minor variance is for the construction of a maximum 1400 square foot footprint accessory building with a finished height to peak of 24.5 feet. This accessory structure is not permitted to have any living space or plumbing.
- Minor variance MV-17-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- Prior to the issuance of a building permit the applicant is required to remove the deck constructed at the water’s edge with no building permit or planning permission, and to legalise the 12 foot by 12 foot shed constructed without a building permit.
ATTACHMENTS Map of Silva Property
Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 39 of 116
µ NE
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127 Fairhaven Lane Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
138 Mica Point Lane
Proposed Garage
Bobs Lake
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 40 of 116
Scale 1:1,500 0
5 10
20
30
40 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: May 8, 2017 Application No: Owner: Location of Property:
MV-24-17-S Carolyn Anglin Concession 10, Lot/Part Lot 4, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from water Date of Hearing: May 11, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from the high water mark be considered for passage.
BACKGROUND The subject land consists of 1.49 +/- acres with frontage on Loughborough Lake. This property is unique in that while it is possible to drive to it via Hickory Lane it is essentially an island with a bridge to the mainland. The property is currently developed with a seasonal dwelling (1050 square feet plus 515 square foot deck) and small accessory building (less than 100 square feet) located 48 feet from the high water mark (HWM) of Loughborough Lake. The proposal is for the demolition of all existing structures on the property and the construction of a 1660 square foot dwelling plus rebuilding the same size deck to be located a minimum of 50 feet from the HWM. The applicant has also proposed the construction of a new 385 square foot detached garage as a future outbuilding also to be located a minimum of 50 feet from the HWM. The proposed dwelling and accessory buildings are to be located approximately 50 feet from Loughborough Lake and within 120m of a Provincially Significant Wetland; as such, the applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments. The EIA suggests there is an opportunity to move the proposed cottage to the south somewhat to achieve a slightly better setback from the HWM and permit the possible construction of a full septic system as opposed to the two (2) tank holding tank setup currently being used. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Page 41 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Current Zoning: Limited Service Residential Waterfront (RLSW), Environmental Protection (EP) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU), Provincially Significant Wetland (PSW) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Cataraqui Region Conservation Authority has no objections to the proposal as submitted. They have indicated that a permit from the CRCA will be required for the proposed development. KFL&A Public Health have no objection to the proposal provided that the proposed dwelling specifications and site plan submitted with permit ST-16-17 do not change. The building department has no objections. Comments from Public Works were not required.
CONDITIONS
- This minor variance is for construction of a maximum 1660 square foot dwelling (single story, no basement permitted) plus a maximum 550 square foot deck and a maximum 385 square foot detached accessory building (storage only, no living space permitted) to be located a minimum of 50 feet from the high water mark of Loughborough Lake.
- Minor variance MV-24-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Anglin Property CRCA letter dated May 11, 2017 KFLA comments, KFLA Permit ST-16-17
Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 42 of 116
µ ANGLIN MV-24-17-B
Legend Anglin Property
Proposed
Proposed Cottage Proposed Deck
Existing
Existing Cottage Existing Deck
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Loughborough Lake
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 43 of 116
Scale 1:614 0
3
6
12
18
UTM Projection NAD 83
24 Meters
Page 44 of 116
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Page 45 of 116
Page 46 of 116
KFL&.~
0
wl
e t
@
. Q§
Environmental Health Department 221 Portsmouth Avenue Kingston, Ontario K7M 1V5 (513) 549-1232 1-300-257-7375
RmuEsrscoMMe~Ts To;
Application Number:
http:/iii/):/\£f.k::1:::lmi::| th.ca Jennie Kapusta Township of South Frontenac PO Box 100 Sydenham, ON KOH2T0
MV-24-17-S
Type of Application or Proposal:
Minor Variance
Applicant Name(s):
Anslin.Carolyn
Location:
Planning Department or Agency:
32 Hickory Lane Part Lot 4, Concession 10 Loughborough Lake, former Storrington
township
.
,
Township of South Frontenac (Storrington)
(attached) will place the Class 4 sewage system Permit # ST—16—17 between the 15 metre and 30 metre setbacks from Loughborough Lake.
Comments: Provided that the proposed dwelling specifications and site plan submitted with permit #3ST~16-17 do not change, KFL&APublic Health has no objections to the proposed minor variance.
mspector:
Date:
Matthew Doyle, CPHI
, Public Health Inspector
May 23,2017
PLEASE FORWARD A COPY OF THE NOTICE OF DECISION T0 KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&A Public Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 5494232 ext. 1243 or 1-800~Z67»787S.
Page 47 of 116
Application for a Permit to Construct or Demolish This form is authorized under subsection 8(1 1) of the Building Code Act, 1992
For use by Principal Authority Application number:
.,
37’.
Date received:
Permit number (if different):
I7
Roll number;
may/0//7
Application submitted to:
KINGSTON FRONTENAC AND LENNOX& ADDINGTONPUBLIC HEALTH (Name of municipality. upper»tier
municipality, board of health or conservation authority)
A. Project infonnatlon Building number, street name
Unit number
Lot/con,
4””
32 Hickory Lane Municipality
Postal code
Plan number/other description Roll # 102906007004100 Area of work (rn )
South Frontenac Project value est. $
- Purpose of application 3 New construction
D
D
Addition to an existing building
Proposed use of building
Alteration/repair
Cl Demolition
Cl Conditional Permit
Current use of building
SFD
sro
Description of proposed work
Filter Bed
Applicant is:
C. Applicant Last name Shea
El Owner or First name Corey
iii Authorized agent of owner Corporation or partnership Shea Construction
Unit number
Street address
Lotlcon.
2555 Hwy 38
Postal code K7K 2Y7
Municipality Kingston
Telephone number
Fax
(
(
s13)544-was
Province ON
E—mai|
Cell number (
6139544-7902
613551-2650
D. Owner (if different from applicant) Last name
firstname
‘4/\ /«‘A
street addre
Q/0‘!
ality Munici
//“Ci.).iJ/ex” Telephone number ) (
Corporation or partnership
/47”. [ ¢’({
_
4 /V ~l/6 Postal code 33L V1?21!{V Proviyge t
Unit number
Lotlcon.
V
Application for a Permit to Construct or Demolish
Fax
(
)
E<maiI
Cell number ) (
Page 48 of 116 —
Effective January 1, 2014
KFL&APublic Health
—
Page 1 (MAR14)
E. Builder (optional) Last name
First name
Corporation or partnership (if applicable)
SW9‘ 3dd”°5-5
Unit number
MU"iCiD3mY
Postal code
number 2’eleph:)3ne
fax
Province
Lotloon.
E~mail
Ce” number
)
(
)
F. Tarion Warranty Corporation (Ontario New Home Warranty Program) i. Is proposed construction for a new home as de?ned in the Ontario New Home Wananties Plan Act? If no, go to section G. ii. Is registration required under the Ontario New Home Wananlies Plan Act?
[3
yes
3
No
C)
Yes
in
No
Yes
D
No
El Yes
D
No
Q
Yes
D
No
9
Yes
D
No
Yes
Cl No
iii. Ifyes to (ii) provide registration number(s):
G. Required Schedules i) Attach Schedule 1 for each individual who reviews and takes responsibility for design activities. ii) Attach Schedule 2 where application is to construct on-site, install or repair a sewage system.
H. Completeness and compliance with applicable law i) This application meets all the requirements of clauses 1.3.13 (5) (a) to (d) of Division C of the Building Code (the application is made in the correct form and by the owner or authorized agent, all app|i<:ab|e ?elds have been completed on the application and required schedules, and all required schedules are submitted). Payment has been made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(c) of the Building Code Act, 1992, to be paid when the application is made. ii) This application is accompanied by the plans and speci?cations prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992. iii) This application is accompanied by the information and documents prescribed by the applicable bylaw, resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992 which enable the chief building o?icial to determine whether the proposed building, construction or demolition will contravene any applicable law. iv) The proposed building, construction or demolition will not contravene any applicable law. i
I. Declaration of applicant
Corey Shea
l
declare that:
(print name)
The informationcontained in this application, attached schedules, attached plans and speci?cations, and other attached documentation is true to the best of my knowledg o bind the corporation or partnership. if the owner is a corporation or partnership, I h
1/5/17 Signature of applicant
Date
Personal information contained in this form and schedules is collected under the authority of subsection 8(1.1) of the Building Code Act, 1992, and willbe used in the administration and enforcement of the Building Code Act, 1992. Questions about the collection of personal information may be addressed to: a) the Chief Building Of?cial of the municipality or upper-tier municipality to which this application is being made, or, b) the inspector having the powers and duties of a chief building of?cial in relation to sewage systems or plumbing for an upper-tier municipality, board of health or conservation authority to whom this application is made. or, c) Director, Building and Development Branch, Ministryof Municipal Affairs and Housing 777 Bay St., 2nd Floor. Toronto, MSG 255 (416) 585-6666.
Page 49 of 116
Application for a Permit to Construct or Demolish
—
Effective January 1, 2014
KFL&APublic Health Page 2 (MAR14) —
Schedule 2: Sewage System lnstaller Information
F3.
Project Information +-Building number, street
name
Municipamy
32 Hicko1Lane Postal code
South Frontenac
unit number Plan
Lot/con‘ 4/1a
“)0 “U537?
B. Sewage system installer Is the
of the sewage system engaged in the business of constructing on-site, installing, installer repairing, servicing, cleaning or
emptying sewage systems,
in accordance with BuildingCode Article 3.3.1.1, DivisionC? Yes (Continue to Section C) D No (Continue to Section E)
3
Installer unknown at time of application (Continue to Section E)
Registered installer information (where answer to B Is “Yes”)
Name Street
Shea Construction
BCIN
add??Hwy 38
Unit number
Municipality Kingston Telephone number (
D
619544-4006
D. Quali?ed supervisor
20094 Lotlcon.
Postal code Province E—mail ON K7K 2Y7 Fax Cell number ( 513544-7902 ( ) (where answer to section B is “Yes”) information
Name of quali?ed supervisor(s)
BuildingCode Identi?cationNumber (BCIN)
Corey Shea
19452
E. Declarationof Applicant: Corey Shea
I
declare that:
(print name)
6
I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall submit a new Schedule 2 prior to construction when the installer is known;
R
El I am the holder of the permit to construct the sewage system. and am submitting a new Schedule 2, now that the installer is known.
loertify that: 1.
The information contained in this schedule is true to the best of my knowledge.
If the owner is a corporation or partnership, I have the auth
'
y to bind th
rporation or partnership.
1/5/17 Date
Application for a Permit to Construct or Demolish
Signature of applicant
—
Effective January 1, 2014
KFL&A Public Health
Page 50 of 116
—
Page 4 (MAR14)
Map:
Directions:
…………………………..
SOILS CERTIFICATION (Licensed Installer under Section 3.3 of the Building Code Act), verify Ontario the material used in the construction of the sewage system, under the permit herein, meets the requirements of the from: Health Public KFL&A to submitted BuildingCode. the percolation rate identi?ed on the permit and the soils analysis
|
that
c°’°Y 3”“
Shea Pi! (Name of pit)
beds, dispersal Leaching bed fillmeans soil used for the construction of conventional and chamber leaching beds, ?lter may not include It authorizations. Commission beds, and area beds as prescribed under speci?c Building Materials Evaluation installation. before manufacturer the with check manufacturers; a requirement for other soils as prescribed by treatment unit analysis. The silt content of leaching bed ?ll must be included in the
%
KFL&APublic Health ma require you to submit soil samples for analysis.
$41
W” Date
Licensed Installers Signature
OWNER AUTHORIZATION
.being the legal owner(s) of the property described as Lot 4 Concession
10 , P
s(s)lSub|ot(s)
South Frontenac that
of Plan
.located at Civic Address
.
, in the Municipality of 32 Hickory Lane
.certify
is authorized to submit an Application
Corey Shea/Shea construction
a sewage system in accordance with Ontario to Construct or Demolish to KFL&APublic Health fort -. urposes of installing
- r any associated site inspections. Regulation 332112, and to act as my/our representa l/we certify that all information a
-’ l
ateri
pro ‘ :
l
e purpose of this application is accurate.
Signature of Legal Owner(s):
NOTE: THIS APPROVAL EXPIRES 12 MONTHSAFTER THE DATE OF ISSUE
of 116 (MAR14) Page 551 KFL8-APublic Health - Page
“
|
ki|.’i\
iP‘uiib??©Hea1tho°o
Fee’,
0’
Bedrooms:
D Commercial Total Finished Area..
Fixture Units:
‘Buckwnh
‘_
r
asing
2000
‘_
} Red San d —-
06
12
D Mantle re uired El Pum re uired Chamber System Leaching Bed: (minimum 40m)
(minimum of 9000L) Class 4 Sewage System Type: El Conventional Leaching Bed D Chamber System Leaching Bed
‘These
15 _
Togai
M°d°‘3
,4 of pieces: F||ter
treatment unit certi?ed to the CAN/BNQ3680600 standard, or a treatment unit described in Supplementary Standard 835’
1-ieatment unit:
8
Method of Subsurface Detection:
CI Level Ill Cl Level IV El Service Agreement Provided
D Ma9”°“°
Manufacturer‘
10
=
=
'
'
B Tracer wire (14 gauge plastic
0 Other means:
Model:
40
.
.
m2
.
m2
sand Layer Area:
m2
Linear Loading Rate:l:I 50 um Cl 40 L/rn L Pump Chamber Capacity: __
…‘?~e.s.‘.>.K..?.i..r?.§e..T.=..
$..T‘.T.f.*..:.—..‘-..—…..
2 Pump required
m
Loading Rate (from Table 3):
Stone Layer Area:
only): (for office—use Ecommendatlondcondltlons
m
Shallow Buried Trenches: (minimum 30m)
Type B Dispersal Bed:
m2
..l
Contact Area: 30
-rota. trench length =
Stone Layer Area:
3 Mamie required
m2
D Mamie required
BMECAuthorization Provided
Type A Dispersal Bed:
Loading Areal 30
I .
Media Bed:
Toiai distribution pipe = 24
D Level II
'
. coated)
.
a pump required
D Mamle requlred
sewagesystemsrequire a Level IV
Soil:
Native Soil:
m
chamber iength =
Manufacturer:
I d P T E Sgt: PercolSa‘ti:?‘;:te of itcrtoraitezn of g
m
Total distribution pipe =
0 Shallow Buried Trenches‘ E! Type A Dispersal Bed‘ 0 Type B Dispersal Bed‘
0'9
design.
(minimum 40m)
ll Filter Media Bed
'
Iynlln
Conventional Leaching Bed:
L
_B
for In on Ipwl?l
in Municipal Cl Surface Water ll Shore Well D Cistern
Well
Sandpoint/Drivepoint
(Class 5 Only)
Test Pit
0.0
I’)! accounted
unit (Ls. water Iollonari must
Holding Tank Capacity (7 x 0):
Indicate soil types (sand, silt, clay), bedrock, and the high ground water table below. (m)
L/day
3 Dug/Bored/B|asted
m
Dept
_
‘(‘;3’)’(‘k 1 (_§:3Pa°“Y 4000 L
'
9(‘a).:‘”a9°
ham my water trlltrnem
wntu
3Eggtfnsgd win ElDrilled —i Soils
0'3
f&
If the sewage system is non—residential, attach a separate copy of the speci?cations and plans. Sept” Fl °‘” D3 IIV Des l Se
m2 _’W B Walkout Basement
77-5 4
water Supply:
V59
/
[1 Residential
3 New Cl Existing
37-1647
Date Submitted: J4/my /0//7 Fee S E ntere d : Mdz I 5/ I7
Renewal Date I
_
siructure:
,
Aiwilrri L k 1i()~di7
Name:
SEWAGE SYSTEM SPECWICATIONS PAGE
Application #
OFFICE USE ONLY
Q
i_/ml/day
area (mg)
=
i
._
:1.>i:_ . t..3.:~.+-:9.-.>_*..¢:. C…
oi Hieu. ..\V.‘.?..§.’.“.’.”.*..L,‘_—>~JG ….,…f§.N.>..
..v.L§»es?*::…..3..l.§.N..‘?t~—
..u..-i
..
.
.w-.i…i……B.L §..«;i.«.x…mg>.m22:..:r»ira.s2……._… .<.>.i”<….i-.l£.J.=-…v…¢.$r…?.ie£. ‘fF.<.:..r?. …….IP.l.H….|.!s!…F.Bmsi.T…Q.E…¢.o.’.i..-rA.c..€…-
…………………………………. ..
l___
NOTE:
THIS APPROVAL
EXPIRES 12 MONTHS AFTER THE DATE OF ISSUE
KFL&APublic Health
Page 52 of 116 —
Page 6 (MAR14)
SEWAGE SYSTEM CALCULATIONPAGE
Kl l..<.\
[Pu[b)]]_?@I-Iea1th,O, Dally Design Sewage Flow (0) 2990 r.oerDDSFfor bedrooms:
?xture units: Each ?xture unit over 20: r.u.2Tota|
Total ?oor area‘ .
L/day(A)
2 n” ‘la up to 400 m’: For every 10m’over 200m2.
x 100 =
over 400m2,up to 600 m2:__ For every 10m2
x 75 =
For every 10m’over 6DOm2:
x 50 =
17-5 X 50
I-/da)’(C)
= __
For total DDSF, add (A) to the larger of (B) or (C):
(A)2aw_
Conventional
Treatment Systems/Chambers
_tzxT
_oxT _
zoo
Uday Uday
(B or c)
zaoa
=
Uday (Q)
L = (Q)
m
(T) =
X
(20Oor30O)
300
Filter Bed Loading Area (m’) If Q s soooUday, use Q + 75 ifQ > 3000 Uday, use 0 + 50 Level //-IVtreatment unit ogmuseQ + 100
Loading Area = (Q)
Filter Bed Contact Area (m’)
Contact Area
Comad Area = 5.
3}’
0 = Daily Design Sewage Flaw L = total length of distributionpipe T = percolation time of native or imported SOII
I-eacmng Bed 5&9 II“)
—
_T
(B) Total DDSF for ?oor area:
DDSF (0): 2-
Uday
%
=
2000
(Q) 2000
75
X
10
m2
26.67
=
=
(r)-
Area < Leaning Area, use Loading Area lor ‘Use T ornative soil. ri concau
Shallow Buried Trenches (in)
both values
m
=
L = (Q)
m’
23.53
850
I
See Table 4. 6.
Type A Dispersal Bed on’)
Stone Layer: SandLayer:
it Q s 3000 Llday, use 0 + 75 if o > 3000 L/day. use 0 + so ifT>15 if1<Ts15
use:
98:
use:
Sand I-aver = (0)
W
Table 1
—
ItT < 24 min. use 50 L/rrl |fT 2 24 min use 40
—
Uday
Bedrooms
Uday
Bathroom Group (34 piece bathroom)
tor Flii
(omm
Total
Emmy
Bed, 3’ Pan 3’ Table 3 .,‘,_”
code‘ Wm”
Ra? (Um?)/day
mm”
Perwlamn “me (D of Soil min '
2
X 60 =
Bathtub (with or without shower)
2000
2
Rates am‘;Abs°,p,,°‘,’, m,_,,,,,,,Fme,
Tool 3 - Loadln
Fixture Units
of Units
Bedrooms
in
um
(Omano Building Code, Division B, Pan 7. Table 7 4.9 3)
(omano Building Code, Division B, Part B.Table is 2 1.3 A)
2
L
Pump chamber capacity: Q =
Table 2
DDSF Values ior Bedrooms
7”
(T) =
x 400
Area = (0)
q :1‘
Linear Loading Rate:
__
<7)
X
Layer me for both values ‘Use T oi native sail, « Sana Layer area < Stone Layet area, use Stone
‘:07
- Type a Dispersal Bed im’) Area =
m2
=
stone Layer = (Q)
12
£31
20 < T s as
Toilet
Clothes Washer
Dishwasher TUDS I—aU|"|d|‘Y
Table 4 - shallow Buried Trench Length1,) (Oniano Building Code. Division B. Part 0. Table 8 7.3
Length of DistributionPipe, in
Percolation Tlrne (T) at Soil, min
Shower Drain Per
bedroom over 5
Sinks
500
1<TS20
Q./50
20<Ts5O
Other 50<T<125
NOTE: THISAPPROVALEXPIRES12 MONTHSAFTERTHE DATE OF ISSUE ,
of 116 (MAR14) Page 7 53 KFL&APublic Health Page —
/7 N°z | 1/ APPLICATEN I1 In Indicate north {‘$‘L6_?,T show:
O
P‘[L11Ib]]_T1©I”Iealth¢’¢ SEWAGE SYSTEM PLANS PAGE
:
4
NAME:
LOT_DlAGRAM AND SEWAGE SYSTEM PLAN: Drawingmust be accurate and to scale‘ point and Location of sewage system components (e.g. tanks, leaching bed. direction of mantle, etc). Locate and show horizontal distances from system to adjacentexisting or proposed buildings, water supplies (including neighbours), existing on-site systems, driveways. property lines. lakes, rivers springs, water courses, swimming pools (b) Lot dimensions, topographic features (e.g. swamps, steep slopes) near system. 1 square = (m /ft) DRAW TO SCALE (a)
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on previous page.)
Permit to install a Class 2, 3. 4, 5 Sewage System under section 8-(1) (2) of the Building Code Act, 5.0. 1992, C23. This permit is issued to the owner to construct, install, alter. extend, enlarge or continue to use a Class
?_Sewage system.
Any person who is not issued a permit may apply to the Building Code Commission for any issues involving the Building Code or Compliance to the Code. Approved by: Inspector:
Chlet Bulldlng Otllclal:
NOTE: THIS APPROVAL EXPIRES 12 MONTHSAFTER THE DATE OF ISSUE
Date:
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Page 55 of 116
32 Hickory Lane south Frontenac
Township
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Bill Anglin bllI@angIlngroupltd.com
Cottage Letter 2016 1 message
CD Anglln anglin.cd@gmail.com To: BiiiJr Anglln bl|I@anglIngroupltd.com Cc: Dan Marshall marshalI@sfu.ca
Wed, Sep 7. 2016 at 9:20 AM
To: Bill Angiin - President Angiin Group Limited
From: (3.0 (‘Lyn) Angiin Property Owner, 32 Hickory Lane, Forth Road, ON KOH1N0 I, ’ Lyn Anglln, registered Owner of the property located at 32 Hickory Lane, CON 10 LOT 4 N PT LOUGHBOROUGHLAKE, authorize Bill Angiin o!AngIin Group Ltd. to act as our agent for obtaining any required infonmtion with regards to site plan, zoning and building permit nppiica?ons {or this propony. Please do no! hesitate to conuc! the undersigned at 604-290-1194, or angIin.cd@gmaiI.com, if you require any addidonal Information.
Sincerely, ‘Lyn Angiin
A
C.D. (’l.yn)Anglin, PhD, PGeo 604—290-1194 ang/in. cd@gmaii. com
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1/1 Page 56 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-22-17-L D’Arcy Snider Concession 4, Lot/Part Lot 4, Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 86.6 +/- acres with frontage on Rutledge Road, Stagecoach Road and Lambert Road. The lot is currently developed with a single detached dwelling and several agricultural outbuildings. The proposal is for the creation of a minimum 0.9 acre residential with a minimum of 50m of frontage along Rutledge Road. This new lot will encompass the existing dwelling but not the agricultural buildings. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU), Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS KFL&A public health has no objections. The building department has no objections. Comments from Cataraqui Region Conservation Authority, Public Works were not required.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-22-17-L shall be for the creation of a minimum 0.9 acre lot with a minimum of 50m of frontage on Rutledge Road.
Page 57 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Snider Property KFLA comment Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 58 of 116
Sydenham High School RUTLEDGE ROAD
ET EY STRE WHEATL
T MILL STREE SYDENHAM
µ
SNIDER S-22-17-L
2869 Rutledge
Legend
2857 Rutledge
Snider property Existing Buildings
4336 Stagecoach
Snider proposed lot
STAGE COACH ROAD
Parcel Fabric
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 59 of 116
Retained Parcel
Scale 1:1,065 0
5
10
20
30
UTM Projection NAD 83
40 Meters
.9. KFL&A Public Health
http://www.kf|apub|ichealth.ca
To
Environmental Health Department
|NSpEcTloN
REPORT
Receipt Number:
File Number: S-22-17-L
SK-27-2017
0wner(s):
Snider, Darcy Ward / Former Township: Loughborough
Municipality:
Township of South Frontenac
Part(s):
Registered Plan:
Concession: 4
Lot:
Plan of Subdivision:
General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)
Severed:
—House, septic, flat land —Onmunicipal water
Retained:
2 barns, farm fields
Soil type, depth and water table on each part of potential leaching bed areas. Indicate water permeability (good, fair, poor) for each part where natural soil is acceptable.
Severed
table with bar. Show estimated
Depth of Soil
Retained
0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m
N/A
N/A
Percolation rate (estimated):
Percolation rate (estimated):
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on—sitesewage
SEVERED
disposal:
Conditions:
Satisfactory Unsatisfactory Site Flexible Site Specific
RETAINED
~Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. —Theproposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. —Lotis only 1 acre but can accommodate a new system in area where current system is
Conditions:
Satisfactory Unsatisfactory Site Flexible Site Specific
Miranda Iezzi CPHI(C), Public Health Inspector
Date:
Inspector:
_
.
_
M3)’ 30» 2017
PLEASE FORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH.
Page 60 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-23-17-P Brent McConville Concession 10, Lot/Part Lot 10, Bellrock Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND This application was originally given provisional consent in May 2015 but the conditions were not completed within the required one year time period. It has been resubmitted exactly as approved previously. The subject land consists of 127 +/- acres with frontage on Bellrock Road. The lot is currently developed with a single detached dwelling. The proposal is for the creation of a 10 +/- acre lot with 295 m of frontage along Bellrock Road. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU), Environmental Protection (EP) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU), Provincially Significant Wetland (PSW) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS KFL&A public health has no objections as the lot was expanded to include the required area for septic. The building department has no objections. Quinte Conservation Authority has no objections. Public works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-23-17-P shall be for the creation of a 10 +/acre lot with a 295 m of frontage on Bellrock Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel in lieu of parkland [Planning Act, s. 51(1)].
Page 61 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-23-17-P.
ATTACHMENTS Map of McConville Property KFLA comments Quinte Conservation comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 62 of 116
µ MCCONVILLE S-23-17-P
BELLROCK ROAD
4727 Bellrock Road
Legend McConville Proposed Lot
Proposed Lot
McConville Property Existing Buildings Parcel Fabric
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 63 of 116
Scale 1:3,068 0
15
30
60
90
UTM Projection NAD 83
120 Meters
QUINT E CONS ERVAT ION P LANNING ACT REVIEW File: Site Address, Lot, Con: Geographic Township: Municipality: Owner/Agent: Feature:
Consent S-19-15-P 4727 Bellrock Road, Pt. Lot 15 & 16, Con. 10 Portland South Frontenac Brent McConville Cameron Swamp Provincially Significant Wetland and, unnamed watercourses
Comments for above note application:
As per the application provided to this office, it is our understanding that the proposal will sever a rural residential parcel fronting onto Bellrock Road. Staff have reviewed the application along with all pertinent information relating to the subject property, and reviewed the application with respect to the applicability of Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses), Quinte Conservation policies, and the natural hazard policy of the Provincial Policy Statement, as well as requirements under the Quinte Region Source Protection Plan. Based on our review, we do not object to the approval of this application as presented. Ontario Regulation #319/09 (Quinte Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) A portion of the subject lands lie within the regulated area of Cameron Swamp Provincially Significant Wetland and, unnamed watercourses. The owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 120 metres of the Provincially Significant Wetland boundary, and within 30 metres of the high water mark of any watercourse. Through the permit application process, the Authority will identify any potential concerns associated with any natural hazards on the subject lands, and review the permit application in light of Regulation #319/09 and Authority policies before deciding to issue or deny the permit.
c.c.
Brent McConville
Sam Carney Technical Administrative Assistant
May 12, 2015 Date
Page 64 of 116
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An accredited local public health agency affiliated with Queen’s University FRCP(C) )?f?r I.M. Gemmill MD, CFP CCFP, F4ppJ??i6J?r of Health
April 24, 2015 Jennie Kapusta South Frontenac Township Planning Department
APR 3 0 2fll5
PO Box 100
?nWN5;!!P t!J
Sydenham, Ontario
f%e
Aj!u
KOH 2TO
Re: Brent McConnville Severance S-19-15P
Ms. Kapusta,
I am unable to approve the lot severance in question as there is not a suitable location for a standard septic system under current lot dimensions.
The rock outcrop in the middle of the lot does not have sufficient soil cover (1 0?) that is consistent
The entirety of the field on the east side of the lot is approximately l 5m or less from the designated wetland, and the plan for this area requires a 30m setback from the high water mark
The field on the west side of the lot under current dimensions is currently saturated or flooded with surface water pooling
Discussions with Mr. McConnville at the property indicated that he would be willing to expand the lot to include most of the dry grassy field area to the south and west of the current lot dimensions. This area is suitable for a septic system. If this were the case I could approve the lot severance.
Please confirm if this change takes place.
Regards,
Don Allan
Public Health Inspector 613-549-1232 ext. 1611
KINGSTON, FRONTENAC AND LENNOX & ADDINGTON PUBLIC HEALTH Main Of’fflce
221 Portsmouth Avenue, Kingston, Ontario K7M 1V5 Tel: 613-549-1232 Fax: 613-549-7896
l-800-267-7875
/+
Branch Offices
Cloyne
Tel: 613-336-8989 Sharbot Lake Tel: 613-279-2151 Tel: 613-354-3357 Napanee
Fax: 613-336-0522 Fax: 613-279-3997 Fax: 613-354-6267
Page 65 of 116
l
jKFL&A
IPu"h?!McHealth/+ An accredited local public health agency
www.kflanublichealtli.ca CONSENT TO SEVER INSPECTION FILE NO.
RECEIPT No.
S-19-15P
SK-22-15
Owner
Lot
Concession
McComiille, Brent
10
10
HUG
,2
E
U
Plan
Township
Municipality of South Frontenac - Portland District General Description (existing buildings, surface drainage, slopes, etc. [on each part] and proposed water supply)
Grassy field and rocky outcrop Soil type, depth, vvater table on each part of likely leaching bed areas. Indicate water table with bar. Show estimated perrneability (good), fair, poor) for each part where natural soil is acceptable.
Severed Field DepthofSoil (metres) Retained
topsoil 0 .3 6 Notassessed .9 Rock 1.2 1.5
Percolationrate (estimated) 50+ Perco1ationrate(estimated) Suitability for on site sewage disposal: Imported soil required, sufficient space for system
NOTE: The approval of any new lot is based on it’s suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approva) to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system. Conditions : Severed
- The lot is unsatisfactory for the construction of a sewage disposal system-see [2 Satisfactory
attached letter.
JJ Unsatisfactory
If lot is expanded to the south and west to include large grassy area that is dry, we would approve the severance. Current lot dimensions are not adequate for supporting a standard septic
[2 Site Flexible
system.
[2 Site Specific Conditions:
Q Satisfactory
Not observed
[2 Unsatisfactory [2 Site Flexible
[2 Site Specific Inspector:
Approved: ,,7
Don Allan, CPHI(C)
,,7…
Date: April 24, 2015
PLEASE FORWARD A COPY OF THE NOTICE OF DEC?SiON TO PUBLIC UNIT Persona? information on this for+n is collected under the authority of the Building Code Act and will be used for the administration of Public Health pro@ams. Any questions about the collection of this infor+nation should be directed to the Manager, Enviromnental Health, KFIAA Public Health, 221 Portsmouth Avenue, Kingston, Ontario K7M lV5, 613-549-1232 ext. 1243, l-800-267-7875
Page 66 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-24-17-L Estate of John Francis Koen Concession 7, Lot/Part Lot 24, North Shore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 97 +/- acres with frontage on North Shore Road. The lot is currently vacant. The proposal is for the creation of a 16 +/- acre lot addition with 16 m of frontage along North Shore Road to 551 Leland Road. A significant portion of the subject land is zoned Environmental Protection (EP) and designated Provincially Significant Wetland (PSW). The land is currently used for agricultural purposes and the planned use is to continue as agricultural. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU), Environmental Protection (EP) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU), Provincially Significant Wetland (PSW) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A public health were not required. The building department has no objections. Cataraqui Region Conservation Authority has no objections to the proposal and has determined there is no need for a preliminary Environmental Impact Assessment. They have indicated that should development be proposed the applicant should contact the CRCA to determine the need for a permit. Public works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
Page 67 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. The land to be severed by Consent Application S-24-17-L shall be for the creation of a 16 +/acre lot addition only to 551 Leland Road 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Koen Property Cataraqui Region Conservation comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 68 of 116
Pond Hole Lake
ER
O AD
µ
LELAND ROAD
NOR
TH
SHO R
KOEN S-24-17-L
Legend Alward Property
Lot To Be Enlarged
Alward Lot Addition Koen Property Parcel Fabric Provincially Significant Wetlands
Proposed Lot Addition
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
LANE
LA N KO EN
KOEN ROAD
ALD EMER
Page 69 of 116
Scale 1:9,234
E
Lacey Lake
Loughborough Lake
0
45
90
180
270
UTM Projection NAD 83
360 Meters
Page 70 of 116
Page 71 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-25-17-S Colin Kier Concession 7, Lot/Part Lot 24, Kier Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 88.5 +/- acres with no frontage on either a public road or private lane. The lot is currently vacant. The proposal is for the creation of a 5.7 +/- acre lot with a minimum of 76m of frontage on Kier Road. Currently Kier Road does not extend along the proposed lot, but the applicant has requested and received approval from Council to extend Kier Road for the purposes of this new lot creation, provided the extension is constructed according to the Townships Guidelines for new roads. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections Public works has no objections as the extension to Kier Road has already been approved by Council. The applicant will need to construct the new section and have it approved prior to the stamping of the deeds.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-26-17-S shall be for the creation of a 5.7 +/acre lot with a minimum of 76m on Kier Road.
- Prior to the stamping of the deeds, the applicant must construct an extension to Kier Road which is constructed according to the Townships Guidelines for new roads and this extension must extend a minimum of 76m along the north side of the lot to be created through consent application S-25-17-S. This extension must be approved and assumed for maintenance by Public Works prior to the stamping of the deeds.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Page 72 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
- The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-25-17-S.
ATTACHMENTS Map of Kier Property KFLA comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 73 of 116
APPLEWOOD LANE
µ Proposed Lot
1084 Kier Road
1072 Kier Road KEIR ROAD
KIER S-25-17-S
1123 Kier Road
Legend Kier Property Kier Proposed Lot
DUFF ROAD
Parcel Fabric
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 74 of 116
Scale 1:4,358 0
20
40
80
120
160 Meters
UTM Projection NAD 83
KI‘I.&.\
lP1uT@l?@Health¢‘o http2//www.kflapublichealthca
CONSENT To SEVER
Environmental Health Department
(NSPECTION
File Number:
Receipt Number:
S-25~17—S
SK—28—2017
REp0RT
Owner(s):
Keir, Colin Ward / Former Township: Storrington
Municipality:
Township of South Frontenac Registered Plan: 1 3R184 1 5
Concession:
Lot:
4
Plan of Subdivision:
Part(s):
1
General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)
Severed:
The western half of the proposed severed lot is currently used for agricultural purposes. There is a section of mixed woods in the centre of the lot, which then thins out as the lot slopes to the east.
The proposed severed lot is bordered by Keir Road and the road allowance to the north, neighbouring lots to the east and west, and the proposed retained lot to the south. Retained:
Large lot with mostly agricultural use and some pockets of mixed woods interspersed.
The proposed retained lot is bordered by the proposed severed lot to the north and neighbouring lots to the north, east, south and west.
Soil type, depth and water table on each part of potential leaching bed areas. indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable.
0.0 m 0.3 m 0.6 m 0.9 m 12m 1.5 m
lvlostly Llay with some silt
lseclrock
Retained
Depth of Soil
Severed
__>
Percolation rate (estimated):
Percolation rate (estimated):
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
SEVERED
‘7
Conditions:
5”*”5fa °‘°’V
The proposed lot is capable of providing flexibility in siting a sewage disposal system. The soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system.
I— Unsatisfactow ‘7
Site Flexible
F
We 59e°’“°
RETAINED
The location ofthe sewage disposal system and specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Conditions:
Satisfactory
Unsatisfactory Site Flexible Site Specific
Inspector:
Matthew Doyle
CPH|(C), Public Health Inspector
Approved:
I/? 7-
,. v
’
C
Date: May26,2017
PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH.
Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health
programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic
Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-8002677875.
Page 75 of 116
QFRONTENAC
Severance
S-25-17-
Keir - aerial
Ambulance Heli Pad School Municipal Of?ce Library
Church Cemetery Boat Launch
Accommodation Restaurant Golf Course Baseball Field Waste Site Parcel Fabric Highway
_ "
Hwy 401 Highway
Major Road ArieriallColIectcr
"
Ferry Route
'
Secondary Road Railway River/Stream Provincial Signi?cant Wetland Waterbody
Wetland
Page 76 of 116
1: 2,065
'
0
.
0.1 Kilometers
This map is a user generated static output from the County of Frontenac site and IS tor reterence only. Data layers that appear on this map may or may not be accurate‘ current or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGAWON. Includes Material © 2014 at the Queen‘: Printer ktr Ontario. All Rights Reserved. intemet mapping
Enter ManDescrlnllvn
0
OFRONTENAC Severance
S-25-17-S Keir
~
test hole locations
Legend Fire Ambulance
Keir Rd
K9” Rd
Heli Pad
é’
School Municipal Of?ce Library
Church
+44°24’SO.5 39999999999"76°27'44.784000000003 ‘
Cemetery
1"
Boat Launch
+44°24'50.0 60000000048"76°27'44.7840000000031"
Accommodation
Restaurant
S-25-17-S
Golf Course
Baseball Field Waste Site
Paroel Fabric Highway ‘
Hwy 401
—
APPRG VED
Knn’.\
1
l?Iu1lblli°L@Hc2do’o 7*‘? or 59 INSPECTO
DATE
Nrgrrway
Major Road
: _
imiaw Road
A
River/Stream Cl
Provincial Signi?cant Wetland Waterbody
'
Welland
Page 77 of 116
1:2,065 0'1
0
0'05
0'1 Kjlomemrs
This map is a user generated static output from the County of Frontenac Internet rnappmg site and Is rorreference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.Includes Material D 2014 01 the Queen‘: Printer for Ontario. All Rights Reserved.
Nous 5010’ Map DGSCHPWH
0
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-26-17-S, S-27-17-S Donna Howlett Concession 8, Lot/Part Lot 7, Sands Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot, together with a right-of-way Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 9.3 +/- acres with frontage on Sands Road and Cedar Lake. The lot is developed with a single detached dwelling and an accessory building. The proposal is for the creation of a minimum 2.0 acre lot with a minimum of 65m of frontage on Sands Road. The newly created lot will need to be rezoned to reflect the reduced frontage along Sands Road. In addition to the new lot creation, the applicant is also asking to create a right-of-way to give deeded access to Cedar Lake for the newly created lot. The applicant has requested a 10m wide right-of-way be created along the western edge of the retained parcel to provide this water access. The planning department is able to support the application for the proposed lot. Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections Public works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-26-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 65m of frontage on Sands Road.
- The land to be severed by Consent Application S-27-17-S shall be for the creation of a minimum 10m wide by 45m long, deeded right-of-way between the lot to be created through consent application S-26-17-S and Cedar Lake. This right-of-way shall be recognized on the deeds of both the severed and retained parcels.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
Page 78 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)]. 7. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 8. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-26-17-S. 9. Prior to the stamping of the deeds the applicant must rezone the lot created through consent application S-26-17-S from Urban Residential – First Density (UR1) to a special Urban Residential – First Density zone to reflect the reduced frontage along Sands Road.
ATTACHMENTS Map of Howlett Property KFLA comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 79 of 116
µ HOWLETT S-26-17-S S-27-17-S
Cedar Lake
2474 Sands Road
Legend Howlett Property
Proposed ROW
Howlett Proposed Lot
Retained Parcel
Howlett Proposed Right of Way Existing Buildings Parcel Fabric
2450 Sands Road
Proposed Lot
2490 Sands Road
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
2484 Sands Road Page 80 of 116
D AN
S
SR
OA
D
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale 1:1,328 0
2475 Sands Road
5 10
20
30
40 Meters
UTM Projection NAD 83
KFL&A
]:P3‘uFL©lli@Hea1tho’o http://www.kf|apub|ichea|th.ca
CONSENTTO SEVER INSPECTIONREPORT
Environmental Health Department
Receipt Number:
File Number: S-26-17-S
SK—29-2017
Dwner(s):
Howlett, Donna Municipality:
Ward / Former Township:
Township of South Frontenac
Storrington
Registered Plan:
Concession:
Lot:
Plan of Subdivision:
Part(s):
8
Part 7
General Description (existing buildings, surface features, slopes, site services for water
and sewage, etc)
The proposed severed lot is primarily agricultural land that slopes toward Cedar Lake to the north.
Severed:
The proposed severed lot is bordered by Sands Road to the south, neighbouring lots to the west, and the proposed retained lot to the north and east.
Retained:
Large lot, mostly cleared with some mixed woods along the proposed severed lot’s eastern property line; the northern part of the lot has an existing dwelling with a well and sewage system, and an existing accessory building is located on the southern end of the lot near Sands Road.
The proposed retained lot is bordered by neigh bouring lots to the east, Sands Road to the south, a neighbouring lot and the proposed severed lot to the west, and Cedar Lake and the road allowance to the north. and water table on each part of potential leachi rig bed areas. Indicate water table with bar. Show estimated depth Soil type, permeability (good, fair, poor) for each part where natural soil is acceptable. Depth of Soil
Severed
0.0 in 0.3 m
Tiwisiill Silly Ll.i~,
lieiliotl. or lll‘:l/Vi lay .110 {iii
Retained
I) ‘mi
0.6 m
0.9 m 1.2 m 1.5 m Percolation rate (estimated):
Percolation rate (estimated):
for a Class 4 septic tank system for an average 3 bedroom NOTE: the approval of any new lot is based on its suitability to provide an area of sufficient area for a larger septic tank system. availability to subject be this lot will home. Approval to build a larger home on
Suitability for on-site sewage disposal:
SEVERED
Conditions:
Satisfactory Unsatisfactory
The location of the sewage disposal system and specific requirements for _ __ , additionalsoilwillbe indicated on an Application to Construct a Sewage System prior to site development.
stIE FlW ’bl E Site Specific
RETAINED
The proposed lot is capable of providing flexibility in siting a sewage disposal system. The soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system.
Conditions:
Satisfactory Unsatisfactory
Site Flexible Site Specific
Matthew Doyle Inspector: CPHI(C),Public Health Inspector
Approved:
%
W
Date: May 29, 2017
PLEASE FORWARD A COPY OF THE NOTICE OF DECISIONTO KFL&APUBLIC
HEALTH.
used for the administration of Public Health on this form is collected under the authority of the Building Code Act, and will be Environmental Health, KFL&APublic of Manager to the directed be should information programs. Any que stions about the collection of this L800-267-7875. or 1243 ext. 5491232 (613) K7M 1V5, Ontario Kingston, Avenue, Health, 221 Portsmouth
Personal information
Page 81 of 116
Severance WFRONTENAC
S-26-17-S Howlett - test hole locations
‘T’
I Cedar
Luke
Lgggnd Fire Heli Pad School Municipal Of?ce Library
Church Cemetery
*€?t%€€§€ §§%€ g
Boat Launch Accommodation Restaurant Golf Course
\
/
5'26‘ 17-S /’
Baseball Field
\
Waste Site
/
Contours 75-100 *
l ‘
A?vl? ’
V
/
2
da
155175
0‘
I50-200 205225
’
gal‘ d5
105-125 130-150
a b
\1'3
230-250 2552 75 250-300
305325
msso
'
. "
KIN
—
lI
Page 82 of 116
0 .1
0
on 0 .05
380-400
;ar(x::abnc
[3
I/5” mspe
355-375
7
Hi9hwaY
lawn
Z1
pg
0 .1 K"°me’ers '
This map is a user generated static output horn the County 01 Frontenac Internet mapping site and is tor reverence only. Data layers that appear on this map may or may not be accurate‘ current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Includes Material0 2014 at the Queen’s Printer tor Ontario. All Rights Reserved.
112-055 Nous EM" Ma?D¢5°“P1|°”
0
OFRONTENAC
S verance
S-26-17-S Howlett - aerial
Heli Pad School Municipal Of?ce Library
Church Cemetery Boat Launch Accommodation Restaurant Golf Course
Baseball Field Waste Site Parcel Fabric Highway -4
Hwy 401 Highway
Major Road Arlenal/Cullectar
“
—
Ferry Rome
Secondary Road Railway River/Stream
Provincial Signi?cant Wetland Walerbody
Wetland
Page 83 of 116
.
1: 3 098
'
02 Kilometers
THIS MAP |S NOT TO BE USED FOR NAV|GATloN.
Th" ‘"""’ ‘5 3 “‘°’ 9°"°‘a‘°d 5'3“ °‘"‘’‘‘’ “°"‘ “‘9 C°””” °’ F’°"‘°"“‘° Internet mapprng sale and Is lor reverence only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Includes Maternal © 2014 0’ the QUEENS Prlnler ‘0! Ontario. A” Rrghls Reserved,
EH19’M5?D99C"P‘|0V\
0
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-28-17-S Rod and Candy Caird Concession 7, Lot/Part Lot 17, Dixon Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 50 +/- acres with frontage on Dixon Road. The lot is developed with a single detached dwelling. The proposal is for the creation of a 2.75 +/- acre residential lot with a 122m of frontage on Dixon Road. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health has no objections, but has indicated a site specific location for the proposed sewage system. This specific location required the applicant to slightly adjust the lot dimensions from their original application to include an increase in road frontage and a decrease in lot depth. Public works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-28-17-S shall be for the creation of a minimum 2.0 acre lot with a minimum of 76m of frontage on Dixon Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: Page 84 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-28-17-S.
ATTACHMENTS Map of Caird Property KFLA comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 85 of 116
µ 2917 Dixon Road
DIXON ROAD
Proposed Lot
CAIRD S-28-17-S
Legend Caird Property Caird Proposed Lot Parcel Fabric
2888 Dixon Road
LA TI M
ER
RO
AD
Retained Parcel
Page 86 of 116
2809 Dixon Road
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale 1:3,755 0
15 30
60
90
120 Meters
UTM Projection NAD 83
KI4I.&.v\
13‘1.1b1i@Health¢’o http://www.kflapublichea|th.ca
Environmental
To SEVER INSPECTION REPORT
Health Department
File Number: S—28—17—S
Receipt Number: SK—30—2017
Owner(s):
Caird, Rod & Candy Municipality:
Ward / Former Township: Storrington
Township of South Frontenac Lot:
Pa rt 17 South
Concession: 7
Registered
Part(s):
Plan:
Plan of Subdivision:
General Description (existing buildings, surface features, slopes, site services for water
Severed:
and sewage, etc)
The proposed severed lot is relatively flat and covered in scrub trees and bushes. The native soil is thin, ranging between 0.15 metres and 0.3 metres in depth; there are several areas where the bedrock is exposed. The proposed severed lot is bordered by Dixon Road to the east, the proposed severed lot to the south and west, and a neighbouring lot to the north.
Retained:
Large acreage, mostly covered in scrub trees and bushes; gradually slopes toward the west into a wetland area; some agricultural use near the centre of the proposed retained lot.
The proposed retained lot is bordered by Dixon Road to the east, the township the south, and neighbouring lots to the west and north. Soil type, depth and water table on each part of potential leaching bed areas. Indicate water permeability (good, fair, poor) for each part where natural soil is acceptable. Severed Topsoil
Depth of Soil 0,0 m
–>
.
Clay, then )’)f‘()l(7i k at O.Z‘}iii to 0._’,»m
border/roadallowance to
table with bar. Show estimated
Retained
03 m
0.6 m 0.9 m 1.2 m 1.5 m Percolation rate (estimated):
Percolation rate (estimated):
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
SEVERED
Conditions:
Due to soil depth limitations, the lot will only provide a specific location for the construction of the sewage disposal system.
Satisfactory
As shown on the attached maps, an approximate area of 450 square metres (15 metres by 30 metres) is to be exclusively reserved for the sewage disposal system.
Unsatisfactow Site Flexible Site Specific
RETAINED
Conditions:
Satisfactory Unsatisfactory Site Flexible Site Specific
Inspector:
Matthew Doyle
CPHI(C), Public Health Inspector
Approved:
/,
Date! M3)! 29; 2017
PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health. 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (513) 549-1232 ext. 1243 or L800-267-7875 programs.
Page 87 of 116
proposed drilled well
.9o4o‘oooouua"
44°2u'4o.23599999999s7'76°3z’
S-28-17-S
Reserved area for sewage system Approx 450 sq metres (15m x 30m)
+44°20'38. 508D000D00l3"76°32'22.307999999997" 3B.400000O000D43"76°32'21.3359999
‘
+44°ZD'38.29Z +44'2D‘38.076000D000O38'76°32'21. '
+44 °2o'37.aeoooooooo12"7s-32‘22.4seoooooooo3’
1
Page 88 of 116
area for sewage system (1Sm x 30m)
Page 89 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-29-17-L Donald Shales Concession 10, Lot/Part Lot 17, Shales Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 5.6 +/- acres with frontage on Shales Road. The lot is currently vacant. The proposal is for the creation of a 0.81 +/- acre lot addition with a 16.7m of frontage on Shales Road to 1388 Shales Road. The purpose of this lot addition is to rectify a lot line dispute. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-29-17-L shall be for the creation of a 0.81 +/acre lot lot addition only, to 1388 Shales Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; Page 90 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Shales Property Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 91 of 116
µ
Mud Lake
SHALES S-29-17-L Lot To Be Enlarged
Legend Tryon-Caird Property
LE S
Shales Proposed Lot Addition
SH A
ot sed L Propo ition Add
1388 Shales Road
RO A
D
Shales Property
Parcel Fabric
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 92 of 116
Scale 1:2,000 0
1477 Shales Road
10
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80 Meters
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-30-17-S Kurt and Evelyn Jespersen Concession 8, Lot/Part Lot 6, Sands Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 17.6 +/- acres with frontage on Sands Road and Cedar Lake. The lot is currently developed with a single detached dwelling and multiple accessory buildings. The proposal is for the creation of a 7.5 +/- acre lot with 66m of frontage on Sands Road, which will encompass all the existing structures. The retained parcel will have 65m of frontage on Sands Road. The applicant will be required to rezone both the severed and retained parcels from Rural (RU) to a special Rural zone to reflect the reduced frontage on Sands Road. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-30-17-S shall be for the creation of a 7.5 +/acre lot, with a minimum of 66m of frontage on Sands Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; Page 93 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. Prior to the stamping of the deeds the applicant shall rezone the lots (severed and retained parcels) to be created from Consent Application S-30-17-S from Rural to a Special Rural Zone in order to recognise the undersized lots. Please contact Lindsay Mills, the Township Planner, to begin this process.
ATTACHMENTS Map of Jespersen Property Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 94 of 116
µ
Cedar Lake
JESPERSEN S-30-17-S Retained Parcel
Legend Jespersen Property Jespersen Proposed Lot Existing Buildings BATTERSEA
Parcel Fabric
Proposed New Lot
RO AD
2602 Sands Road
8 256
ad Ro s D d OA San SR N SA
D
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 95 of 116
Scale 1:2,916 0 12.5 25
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100 Meters
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-31-17-L Robert and Bette Butterill Concession 10, Lot/Part Lot 23/24, Opinicon Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 110 +/- acres with frontage on Opinicon Road. The lot is developed with a single detached dwelling and agricultural outbuildings. The proposal is for the creation of a 10 +/acre lot with 295m of frontage on Opinicon Road. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. KFL&A public health have no objections. Public works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-31-17-L shall be for the creation of a 10 +/acre lot, with a 295m of frontage on Opinicon Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; Page 96 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-31-17-L.
ATTACHMENTS Map of Butterill Property KFL&A comments Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 97 of 116
µ IC OPIN
OA ON R
D
4965 Opinicon Road BUTTERILL S-31-17-L
Legend
5402 Opinicon Road
Proposed New Lot
Butterill Property Butterill Proposed Lot Parcel Fabric
5083 Opinicon Road
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 98 of 116
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.9. KFL&A Public Health
http://www.kf|apublichealth.ca
Environmental
CONSENT To SEVER INSIJECTIONREPORT
Health Department
File Number:
Receipt Number:
S~31—17—L
SK—3-1-2017
Owner(s):
Butterill, William & Bette Jane Ward / Former Township: L0UEhb0F°U8h
Municipality:
Township of South Frontenac
Plan of Subdivision:
Part(s):
Registered Plan:
Concession:
Lot:
Part Lot 23 & 24 General Description (existing buildings, surface features, slopes, site services for water
Severed:
—Rockout crops & hills toward back of lot —Flatfields near roadside of lot
Retained:
N/A
and sewage, etc)
Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable. Retained
Depth of Soil
Severed
N/ A
0.0 m
0.3 m 0.6 m 0.9 m 1.2 m 1.5 m Percolation rate (estimated):
Percolation rate (estimated):
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
SEVERED
W
Satisfactory
[—
Unsatisfactory
‘7
5’“
l‘
Site Specific
'
Conditions:
site
development.‘
.
_
_
—Theproposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System, -Site flexibility in fielded areas only
_
F’°"‘b’°
RETAINED
lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to —Soi| conditions found on the
I
Conditions:
Satisfactory Unsatisfactory Site Flexible
Site Specific
Inspector:
Miranda lezzi CPH|(C), Public Health inspector
Approved‘
Date: _
,
May 24, 2017
PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&A PUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1A8OO~267-7875.
Page 99 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 2, 2017 Application No: Owner: Location of Property:
S-32-17-B Carl Knapp Concession 2, Lot/Part Lot 26, Bradshaw Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject land consists of 175 +/- acres with frontage on Bradshaw Road, Steele Road and Bobs Lake Road. The lot is developed with a single detached dwelling and agricultural outbuildings. The proposal is for the creation of a 108 +/- acre lot with frontage on Bradshaw Road and Steele Road. The applicant was under the impression their property was two (2) separate parcels, but when selling discovered they had in fact merged into a single parcel. This application is to re-sever the parcel along the previously determined lot lines. The planning department is able to support the application for the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority, KFL&A public health and public works were not required. The building department has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-32-17-B shall be for the creation of a 108 +/acre lot, with frontage on Bradshaw Road and Bobs Lake Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; Page 100 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Knapp Property Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 101 of 116
ANDERSO
µ
N RO AD N
BRADSH
ORTH
335 Bradshaw Road
KNAPP S-32-17-B
AW ROAD
382 Bradshaw Road
Legend E RO STEEL
Knapp Property Parcel Fabric
AD
Proposed New Lot
Knapp Proposed Lot
Retained Parcel
BOBS LAKE
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
ROAD
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 102 of 116
Scale 1:5,000 0
25
50
100
150
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 6, 2017 Application No: Owner: Location of Property:
MV-25-17-S James Alexander Concession 2, Lot/Part Lot 22, 3859 Moreland-Dixon Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from the high water mark be considered for passage.
BACKGROUND The subject land consists of 4.66 +/- acres with frontage on Collins Lake and Moreland-Dixon Road. The property is developed with a single detached dwelling and several accessory buildings. The proposal is for a 24 foot by 22 foot (528 square feet) addition to an existing garage located approximately 27 metres from the high water mark of Collins Lake. This proposed addition will not encroach any farther in to the required setback that the existing building. Portions of the property and shoreline are designated as Provincially Significant Wetland (PSW) and zoned Environmental Protection (EP), but not the area where the construction is proposed. The applicant has submitted a Preliminary Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which has determined that the addition will not have any additional impact on the sensitive natural environment. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Residential Waterfront (RW), Environmental Protection (EP) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU), Provincially Significant Wetland (PSW) Application Complies with Official Plan: Yes Page 103 of 116
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
AGENCEY ANALYSIS AND COMMENTS Cataraqui Region Conservation Authority supports the findings of the preliminary EIA prepared by Ontario Lake Assessments and has no objection to the application as submitted. They have indicated that a permit will be required from CRCA for the proposed development. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.
CONDITIONS
- This minor variance is for construction of a maximum 530 square foot single storey addition to an existing garage at 3859 Moreland-Dixon Road, to be located a minimum of 25 metres from the high water mark of Collins Lake.
- Minor variance MV-25-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Alexander Property Preliminary EIA by Ontario Lake Assessments CRCA Report dated May 29, 2017
Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 104 of 116
µ AN REL MO
D
X
- DI
R ON
O AD
ALEXANDER MV-25-17-S 3829 MORELAND-DIXON RD
Legend Alexander Property
Proposed Garage Addition
Alexander Proposed Addition Existing Buildings Provincially Significant Wetlands
3859 MORELAND-DIXON RD
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 105 of 116
Collins Lake Scale 1:934 0
4.75 9.5
19
28.5
UTM Projection NAD 83
38 Meters
QLA
Ontario Lake Assessments
RR#3 Harrowsmith Ontario KOH IVO
& Environmental Education Services
Tel: (613) 376-3863 Fax: (613) 376-6128
?
20 March 2017
Township of South Frontenac 4432 George Street Boxl00
SYDENH?AM, Ontario KOH 2TO
Attention: Lindsay Mills, Deputy Clerk/Planning Coordinator REGARDS: Preliminary EIA - MV for Building Permit at 3859 Moreland-Dixon Road; Storrington District, South Frontenac Township - Inverary Creek / Collins Lake Dear: Mr. Mills:
A site visit was conducted to the above property on March 8’h, 201 7; the ground was bare of snow and Inverary Creek had a strong flow volume; Collins Lake remained ice-covered. The terrain/landscape features associated with and adjacent to this property are ecologically important and sensitive Natural Heritage Features. This property fronts on both Inverary Creek and Collins Lake; the creek outlets from Inverary Lake. Both Inverary Lake and Collins Lake are shallow, nutrient enriched lakes with warm water fisheries and with extensive Provincially Significant Wetlands (PSW) bordering both lakes and the interconnecting creeks; the PSW extends southerly well into the City of Kingston near Collins Bay. These are important wetlands that provide habitats for many Species at Risk (SAR). Inverary Creek flows under the Moreland-Dixon Road; it is very narrow and is only 300 + metres in length. It is however very important; the outlet fronting the east side of the property is spawning habitat for both pike and muskellunge. These species need only 17 to 50 cm (7? to 20?) of water depth in which to spawn. They require heavily vegetated floodplains of either grasses and/or aquatic vascular plants, along lakeshores or in streams. The habitat at the outlet of Inverary Creek fronting this property is ideally suited as spawning substrate for both pike and muskellunge. The creek/wetland area also provides a north-south corridor for the movement of wetland and lacustrine species. While the flow of water between these lakes may be low or even non-existent for some periods of the year, the creek bed and corridor continue to provide a wetland function for the movement of both terrestrial and aquatic organisms between the lakes and wetland areas even during dry periods.
2
Page 106 of 116
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The property is covered with mature stands of hard/sugar maple (dominant) and interspersed with white pine and cedar. The majority of the understory has been removed and a lawn established including all of the area in the 30 metre setback from the Natural Heritage Features (see photograph 1). In addition to the existing garage, there is a primary residence situated central on the lot and also a cottage situated closer to the waterfront on the lake. The driveway, part of the garage and the cottage are all within the 30 metre setback distance; all three pre-date present-day planning policies. The minor variance seeks relief from the required 30 metre setback from a waterway and also the PSW.
The proposal is to complete a renovation to an existing 634 ft2 garage with a 544 ft2 addition on the north side. The footprint of the proposed addition is already a paved hardened surface (see photograph 2). The paved surface will be replaced by the building addition and the rooftop of building is simply another hardened surface so fundamentally there will be no change in environmental impact. The existing garage is roughly 27 metres from Inverary Creek; the addition will be at the same distance, no closer to either the lake, the creek or the wetland. There will be no additional impact on the habitats of SAR, the wetland fringe, the fishery or the lake as a result. Some consideration should be given to re-naturalising the shoreline ‘buffer’ area between the driveway and Inverary Creek / Collins Lake. The driveway is actually within the 30 metre setback from the wetland, the creek and the lakeshore (see photograph l ). There is lots of literature and guidance available in that regard from the Cataraqui Region Conservation Authority. Plantings of some native red-osier dogwood stems along the water along with cedar, spruce and maple between the driveway and the water would protect the wildlife corridor into the future. This suggestion should not be viewed as a condition of approval for the MV.
This preliminary EIA adequately satisfies the requirements of the OP and Zoning By-law, a full Environmental Impact Assessment is not required. If you have any questions please fee? free to give me a call. Ri
yours,
A? ?d Gdige B.Sc. Ontario Lake Assessments
3654 Stage Coach Road RR# 3
HARROWSMITH, On. KOH ?VO
rgenge@xplornet .ca 613-376-3863
Copy to: James Alexander 3859 Moreland-Dixon Road
INVERARY, Ontario KOH ?XO
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Member of
1641 Perth Road, P.O. Box 160 Glenburnie, Ontario KOH1S0 Phone: (613) 546-4228 Toll Free (613 area code): 1—877—956— CRCA info@crca.ca Fax: (613) 547-6474 E—mail: Websites:www.crca.ca 81 www.cleanwatercataraqui.ca
an Conservation
0 N TA R I 0
Natural Champions
Sent by Email Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0 Dear Ms. Kapusta: Re:
Application for Minor Variance MV-25-17-S (Alexander) Lot 22, Concession 2; 3859 Moreland Dixon Road Storrington District, Township of South Frontenac Waterbody: Collins Lake
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration.
The proposal involves the construction of a 50.5 square metre addition onto an existing detached garage. More speci?cally, a variance is being requested to: reduce the required setback from the high water mark from 30 metres, as required by Section 5.8.2.(1.) of the South Frontenac Zoning By-law, to 27 metres in order to permit the construction of a garage addition. Site Description
The property is located on the south side of Moreland Dixon Road. The property has water frontage onto Collins Lake. The topography of the site can be characterized as being terraced with a low bank along the shoreline that levels off to the location of the existing garage, then rising up to a high point of land behind the garage. The Collins Creek Provincially Significant Wetland (PSW) complex is located directly adjacent to the subject lands.
The property is currently designated ‘Provincially Signi?cant Wetland’ and ‘Rural’ in the Of?cial Plan and ‘Enviromnental Protection’ (EP) and ‘Waterfront Residential’ (RW) in the implementing Zoning By-law for South Frontenac Township. The EP zoning appears to coincide with the PSW boundary.
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Recomme?da?on
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 6, 2017 Application No: Owner: Location of Property:
MV-26-17-B James Brant Concession 4, Lot/Part Lot 25, 14 Birch Island, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 and section 11.3.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: June 8, 2017
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction within the required 30m setback from the high water mark be considered for passage.
BACKGROUND The subject land consists of 0.82 +/- acres with frontage on Bobs Lake. The property is developed with a seasonal dwelling and a 12 foot by 14 foot accessory building. The proposal is for a 10 foot by 11.5 foot (115 square feet) addition to the existing accessory building located approximately 27 metres from the high water mark of Bobs Lake. This proposed addition is on the non-water side of the structure and will not encroach any farther in to the required setback that the existing building. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township.
FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Limited Service Residential – Island Zone (RLSI) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT AGENCEY ANALYSIS AND COMMENTS Rideau Valley Conservation Authority has no objection to the application as submitted. They have indicated that no permit will be required from RVCA for the proposed development. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.
CONDITIONS
- This minor variance is for construction of a maximum 115 square foot single storey addition to an existing accessory building at 14 Birch Island, to be located a minimum of 27 metres from the high water mark of Bobs Lake.
- Minor variance MV-26-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Brant Property RVCA Report dated May 29, 2017
Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
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µ
Bobs Lake
BRANT MV-26-17-B
13 Birch Island
Legend
16 Birch Island
Brant Property Brant Proposed Expansion Existing Buildings
14 Birch Island 16 Birch Island
Proposed Addition
Bobs Lake
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
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18 Birch Island 21 Birch Island
20 Birch Island
Scale 1:700 0
3.5
7
14
21
UTM Projection NAD 83
28 Meters
CON
RIDEAUVALLEY TION AUTHORITY
3389 RideauValleyDrive,P.0. Box 599, Manotick,ON KAM1A5 | lax513-6920831 | www.rv:a.ca tel 6134592-3571 i 1-aoo2e7»35m
May 29, 2017
17-SFR-MV-Bed Township of South Frontenac Box 100 Sydenham, Ontario KOH 2T0
Attention: Lindsay MilislJennie Kapusta
Subject:
Brant Minor Variance Application MV-26-17 in Part Lot 25 Concession 4, South Frontenac-Bedford Ward at 14 Birch island Bobs Lake
Dear Mr. Mills/Ms. Kapusta, We have completed a review of this minor variance and we offer comment related to; Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the _PlanningAct. Our related local policies under Section 28 of the Conservation Authorities Act derived from the provincial guidelines. Bobs Lake Catchment (West Basin) of the Tay River Subwatershed Report. —
—
—
The Conservation Authority also offers comment on development applications from the perspective of the Rideau Lakes Study (formally entitled “Rideau Lakes Basin Carrying Capacities and Proposed Shore land Development Policies”) and the related Municipal Site Evaluation Guidelines. Generally redevelopment under this review looks to address waterfront disturbance and development setbacks to preclude/limit nutrient (phosphorus) and sediment input to our recreational lakes. Maintaining existing setbacks and/or advocating for increased water setbacks based on site conditions and lake sensitivity are important considerations in this regard. The Proposal The proposal requests approval to add storage area to the rear/upland side of the existing detached shed (21.9 metres from the water), addition to be situated 27.4 metres from the high water mark of the lake. The Progegty The property maintains a good cover of native vegetation between structural development and the water, slope is relatively gentle and little disturbance between existing development and the shoreline. '
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On a more general perspective, our recent Tay Subwatershed Report and Bob’s Lake Catchment Report indicates that West Basin may be characterized as having clear waters and moderate nutrient levels. The lake generally has good aesthetics for recreational use. While the lake is generally considered to be healthy, there is a potential for it to be impacted by increased nutrient loading which may result in increased aquatic vegetation and algal blooms, particularly as the season progresses (see our website wvvw.rvca.ca for the full report).
According to our information, there are no wetland considerations and slope stability issues so as to create additional concerns as regards environmental impacts nor are there any considerations in conflicts with the environmental considerations of the Official Plan or Zoning By-law for this lot. There is no permission required for this project under Ontario Regulation 174/06 (“Deve|opment, interference with Wetlands or Alteration to Shorelines” Regulation).
Discussion and Recommendations The RVCA has no objection to the proposed shed addition, provided the following best site management actions are addressed; o
Surface and roof water runoff management Chief Building Of?cial of the municipality.
o
We encourage maintenance of the healthy slope and waterfront vegetative buffer as a protection from drift of nutrient and sediment to the lake and a guard against nearshore aquatic weed growth over the long term.
shall be implemented as may be required by the
The shoreline of Bobs Lake is subject to Ontario Regulation 174/06 Development, Interference with Wetlands, Alterations to Shorelines and Watercourses Regulation made pursuant to the Conservation Authorities Act. Any future shoreline work, such as shoreline alteration, changes to the dock/shore works requires a permit from the RVCA. Please advise us on the Committee’s decision or any changes in the status of the application. Thank you for the opportunity to comment and please don’t hesitate to contact the undersigned should you have any questions.
Yours truly,
52,5‘;
Ly
’l;€K Martha Bradburn RVCA Environmental Planner 613 267 5353 x131
cc—J Brant 2019 William Franklin Dr Frederick MD, USA (jbrant@brockco.ca)
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