Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: June 8, 2023 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, 2023 Council Chambers/Virtual Via Zoom .

Call to Order

a)

Resolution.

Adoption of Agenda

a)

Resolution

Committee of Adjustment Appointments

a)

Appointment of a Secretary-Treasurer Resolution.

b)

Appointment of a Deputy Secretary-Treasurer Resolution.

Electronic Meeting Information

a)

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

b)

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

Declaration of pecuniary interest

a)

None declared.

Approval of Minutes – May 11, 2023

a)

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

a)

There are none.

New Consent Applications:

4 - 76

77 - 80

Page 1 of 226

a)

PL-BDJ-2022-0155 (Snider)

81 102

Property Address: 4617 Bedford Road Purpose and Effect of the Application The applicant is requesting consent for the creation of a new lot on Bedford Road. The proposed severed lot will be 1.7 acres (0.7 hectares) with a frontage of 131 metres (430 feet) along Bedford Road. The retained lot will be 2 acres (0.8 hectares) with 94 metres (310 feet) of frontage on Bedford Road. The proposed use for the severed lot is residential.

Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

a)

There are none.

New Minor Variance / Permission Applications:

a)

PL-ZNA-2023-0037 (Johnston)

103 122

Property Address: 332 Pineshores Lane Purpose and Effect of Application: The applicant seeks to permit an accessory building (detached garage) to be setback a minimum of 14.6 metres from the highwater mark of a watercourse, whereas the Zoning By-Law requires a minimum setback of 30 metres. b)

PL-ZNA-2023-0044 (Mills) (Peabody & Biggerman)

123 146

Property Address: 1031 Smeltzer Lane Purpose and Effect of Application: To request permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling located within 30m of the highwater mark of Desert Lake. The existing 102 sqm one-storey dwelling with attached deck is setback 19.79m from the lake. This building will be replaced with a 169.3 sqm one-storey dwelling with walkout basement and attached deck. c)

PL-ZNA-2023-0045 (McGregor & Brackenridge) (Greer)

147 185

Property Address: 307 Pineshores Lane Purpose & Effect of Application: The applicant is proposing to add a new 121sqm deck around the east and north sides of the existing dwelling. The proposed deck would be primarily one-storey with a second storey lookout on the east side of the dwelling. A portion of the proposed deck, being the southeastern most corner, would encroach within the 30m buffer of Bob’s Lake. The southeastern corned of the deck would be setback 26.80m.

Page 2 of 226

d)

PL-ZNA-2023-0046 (Sheridan)

186 206

Property Address: 144 Timmerman Road Purpose & Effect of the Application: To construct a garage and craft/quilt room approximately 24 feet by 24 feet and 23 feet by 20 feet, respectively. This results in a total area of approximately 93 square metres (1000 square feet). The proposed structure is single storey with a height of 3 metres (10 feet). It would have a front yard setback of 13.4 metres (44 feet) from Timmerman Road and a reduced setback of 0.3 metre (1 foot) from the northern interior side lot line. e)

PL-ZNA-2023-0047 (Wilson)

207 224

Property Address: 43 Parker Point Lane Purpose & Effect of Application: The subject application seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Devil Lake. The existing 72.8 square metre dwelling is set back 27 metres from the highwater mark. This building will be replaced and expanded with a one-storey dwelling that has a 241.6 square metre ground floor area. The new dwelling will be set back 27 metres from the highwater mark.

Other Business

a)

Consent Granting Authority Report

Adjournment

a)

Resolution.

225 226

Page 3 of 226

Committee of Adjustment Meeting Page 4 of 226

Thursday, June 8, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom

Welcome to the Virtual Meeting for the Committee of Adjustment

This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Michelle Hannah (Secretary Treasurer & Deputy Clerk)

• Brett Moreland • Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 5 of 226

• Randy Ruttan • Steven Pegrum

• Kate Kaestner (Planning Clerk) • Brad Wright (Director of Development Services) • Christine Woods (Senior Planner) • Noah Perron (Planner) • Michael Kelly (Planning Intern)

Call to Order Adoption of Agenda

Page 6 of 226

• Call to Order • Adoption of Agenda • Electronic Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment

Meeting Information Format for Each Hearing

  1. The Chair will introduce the file
  2. The Planner will provide an overview of the application
  3. The Planner will make a recommendation on the application
  4. Questions or comments from the Applicant / Agent / Members of the Public
  5. Committee deliberation and vote
  6. The Chair will state whether the vote was carried Page 7 of 226

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 8 of 226

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 9 of 226

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.

Page 10 of 226

Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting Consent Applications Page 11 of 226

Applications for Consent

Page 12 of 226

Application PL-BDJ-2022-0155 Consent to Sever

Applicant: Lynn and Elaine Snider Property: 4617 Bedford Road

Page 13 of 226

Property Description • 1.5 ha (3.7 ac) • Dwelling • Rural designation • RU zone

Page 14 of 226

Proposal • Create one new residential lot • Severed parcel • 0.7 ha (1.7 acres) • 131m frontage • Vacant

• Retained parcel

• 0.8 ha (2 acres) • 94m frontage • Existing dwelling

Retained

Severed

Page 15 of 226

Proposal on Air Photo Retain

Page 16 of 226

Sever

Page 17 of 226

Department, Agency and Public Comments • Public Services • An entrance would need to be located at southwest corner

• Building Services • Not supportive of proposed property line crossing mantle of existing sewage system • Severed parcel would have a suitable location for the installation of a sewage system Page 18 of 226

• Public Comments – None received

Planning Analysis

Page 19 of 226

• Does not conform to Township Official Plan • Does not comply with Zoning By-law • Does not satisfy requirements of section 51(24) of Planning Act • Residential lot creation permitted in Rural areas • Severed and retained parcels would have sufficient road frontage • Severed parcel would have deficient lot area (0.7 ha instead of 0.8 ha) • No hydrogeological assessment and terrain analysis required/prepared • Municipal water cannot be extended to severed parcel • Narrow V-shaped lot with awkward development envelope • Existing sewage system would need to be moved to make property line work

Recommendation • Staff recommend denial of the application

Page 20 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 21 of 226

PL-BDJ-2022-0155 Committee Deliberation and Vote

Page 22 of 226

Applications for Minor Variance and for Permission to Enlarge Legal Non-Conforming Uses

Page 23 of 226

Application PL-ZNA-2023-0037

Minor Variance and Permission to Enlarge a Legal Non-Conforming Use

Applicant: Michael Johnston Property: 332 Pine Shores Lane

Page 24 of 226

Property Description • Lot area of 0.13 ha - with frontage on Bobs Lake • Rural designation • RLSW Zone

Page 25 of 226

Proposal • The owner proposes to construct a 232 square foot detached garage and a 152 square foot carport. The accessory structures would be setback less than 30 metres from the highwater mark. • The applicant is also requesting a minor variance to permit an existing deck which fronts onto Bobs Lake Page 26 of 226

Proposal • Figure on this slide illustrates existing dwelling, deck, and septic system as well as proposed carport and garage.

Page 27 of 226

Department, Agency and Public Comments • Building Services • The proposed accessory structure is permitted to be located a minimum of 5 metres from the outer most distribution pipe • Rideau Valley Conservation Authority • No objection from perspective of natural hazards and O. Reg. 174/06 • Public Comments – None received Page 28 of 226

Planning Analysis • The proposed accessory structures (garage and carport) is a use associated with the permitted residential use of the property • The garage and carport setback from the highwater mark will be maximized at 14.6 metres. The accessory structures would comply with all other applicable zoning provisions. • The requested variance is desirable for the appropriate use of the land and building. The location of the garage and carport is practical. Page 29 of 226

• Staff unable support the minor variance application related to the existing deck fronting onto Bobs Lake.

Recommendation • Approval of minor variance for the garage/carport but not existing deck • Pending any comments received • Subject to conditions including:

• A building permit is required for the demolition of the existing deck on the property which fronts onto Bobs Lake.

Page 30 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 31 of 226

PL-ZNA-2023-0037 Committee Deliberation and Vote

Page 32 of 226

Application PL-ZNA-2023-0044 Permission to Enlarge a Non-Conforming Use

Applicant: Greg and Paige Mills Agent: Mark Peabody and Todd Biggerman Property: 1031 Smeltzer Lane

Page 33 of 226

Property Description • Lot area of 0.9ha (2.2 Ac)

Property Description - Topography

Page 35 of 226

Topographic Plan of Survey

Subject Slope

Proposal • Permission under S45(2) of the Planning Act to enlarge the noncomplying dwelling on the property within the 30m setback from the highwater mark • Proposed Addition will be: • Setback further from the water • Setback further from the top of bank

• Height of dwelling will be increased to 7m Page 36 of 226

• Dwelling will increase in gross floor area from 102sqm to 169.3sqm

Proposed Site Plan

First Floor

Walkout Basement

Page 37 of 226

Page 38 of 226

Facing Northwest

Image for reference

Page 39 of 226

Facing Southwest

Image for reference

Department, Agency and Public Comments • Cataraqui Conservation

• No objection to the approval of the application from perspective of natural hazards • Analysis of potential erosion hazard

• Building Services

• Advised that the location identified within the conceptual site plan was suitable for the installation of a class 4 sewage system

• Public Comments

• Supportive comment from nearby landowner

Page 40 of 226

Planning Analysis

Page 41 of 226

• Existing Dwelling holds legal non-complying status and is setback 19.79m from Desert Lake. • The proposed addition will be oriented away from Desert Lake, setback 25.5m. • The proposed addition will be oriented away from the existing slope, setback 5m. • Section 5.10.2 of Zoning By-law 2003-75 & S45(2) of the Planning Act – increase in gross floor area, living space & height of dwelling. • Section 5.8.2 of Zoning By-law 2003-75 – Dwelling located within 15m of the top of bank of a slope greater than 30% from horizontal. • No adverse visual impact on surrounding properties over existing conditions – proposed dwelling is within the maximum permitted height.

Recommendation • Approval • Pending any comments received • Subject to conditions:

• The application is approved in accordance with submitted plans • Sediment and Erosion Control – shoreline remediation within 15m of lake • Building permit required for ALL demolition and construction on the property • Development agreement

Page 42 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 43 of 226

PL-ZNA-2023-0044 Committee Deliberation and Vote

Page 44 of 226

Application PL-ZNA-2023-0045 Minor Variance

Applicants: Cole McGregor and Matt Brackenridge Agents: Lucille and Ken Greer Property: 307 Pineshores Lane

Page 45 of 226

Property Description • Lot area of 0.4ha (1.02 Ac) – 61m of frontage on Bobs Lake • Existing dwelling with accessory structures • Rural Designation • RLSW Zone Page 46 of 226

Property Description – Topography

Viewing Southwest – Top portion of the slope face Page 47 of 226

Property Imagery showing contour lines

Proposal • 121sqm attached deck around N & E side of existing dwelling. • Seeking relief from Zoning By-law to permit:

• A 0m setback from top of bank; • An increase in lot coverage from 3.4% to 6.3%; • A 26.8m setback from Bob’s lake.

Page 48 of 226

• Gross floor area to increase from 141sqm to 262sqm.

Proposed Site Plan

Deck Plans (East Side of Dwelling)

Image for reference

Page 49 of 226

Page 50 of 226

Deck Plans (North Side of Dwelling)

Image for reference

Page 51 of 226

Conceptual Rendering

Supporting Documentation • Engineering Letter of Opinion regarding slope stability and erosion hazards (Cambium Inc., April 21, 2023)

Page 52 of 226

Department, Agency and Public Comments • Rideau Valley Conservation Authority – No objection • RVCA Geotechnical Engineering staff – Recommend acceptance of submitted Engineering Letter of Opinion. • Public Comments – None received

Page 53 of 226

Planning Analysis Variance meets four tests of a minor variance

  1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
  2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
  3. Is desirable for the appropriate development of the lands in question
  4. Is minor Page 54 of 226

Recommendation • Approval • Pending any comments received • Subject to conditions

• The application is approved in accordance with submitted plans • Property owner enters into a Development Agreement to be registered on the title of the property • Building permit is required for all demolitions and construction on the property

Page 55 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 56 of 226

PL-ZNA-2023-0045 Committee Deliberation and Vote

Page 57 of 226

Application PL-ZNA-2023-0046 Minor Variance

Applicant: Richard Sheridan Property: 144 Timmerman Lane

Page 58 of 226

Property Description • Lot area of 0.85 ha - with frontage on Sand Lake • Rural designation • RW Zone

Page 59 of 226

Proposal • Application seeking zoning relief to permit an accessory building (detached garage and quilt/craft room) in the front yard and to be setback less than 3.0 metres from the interior side lot line.

Page 60 of 226

• The application is requesting a 0.3 metre (1 foot) setback instead of the required 3.0 metre (9.84 feet) setback.

Department, Agency and Public Comments • Building Services • No development is proposed in proximity to the septic system for this minor variance application.

• Public Comments – None received

Page 61 of 226

Planning Analysis

Page 62 of 226

• The proposed accessory building (detached garage and quilt/craft room) is a use associated with the permitted residential use of the property. • The accessory structure would comply with all other applicable zoning provisions. • The variance is desirable for the appropriate development of the subject property, as the accessory structure would be located more than 20 metres from the road and would not be visible from the road as there is an existing buffer of trees in the front yard. Locating the accessory structure in the front yard would minimize the already disturbed area on the subject property.

Recommendation • Approval • Pending any comments received • Subject to conditions

Page 63 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 64 of 226

PL-ZNA-2023-0046 Committee Deliberation and Vote

Page 65 of 226

Application PL-ZNA-2023-0047 Permission to Enlarge a Non-Complying Use

Applicant: John Wilson Property: 343 Parker Point Lane

Page 66 of 226

Property Description • Lot area of 1.6 ha - with frontage on Devil Lake • Rural designation • RLSW zone

Page 67 of 226

Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal nonconforming use

Page 68 of 226

Proposal • Proposed dwelling square footage approx. 241 sq. m., (2,600 sq. ft) which is an increase of the existing 73 sq. m (790 sq. ft) dwelling

Page 69 of 226

Department, Agency and Public Comments • Building Services • No objection and determined that existing sewage system is suitable

• Cataraqui Conservation • No objection. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also note that the applicant will not need to apply for a CRCA permit at the building permit stage, since the development is not occurring within an area regulated by Cataraqui Conservation under O. Reg. 148/06. Page 70 of 226

• Public Comments – None received

Planning Analysis

Page 71 of 226

• A dwelling is a permitted use in the RLSW zone • Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. • The proposed dwelling will be constructed in the same location as the existing dwelling and utilize the existing septic system on the property. The proposed dwelling footprint is larger than the existing dwelling and lot coverage will be increasing from 0.5% to 1.5% as a result of the development.

Recommendation • Approval • Pending any comments received • Subject to conditions:

• The application is approved in accordance with submitted plans • Sediment and Erosion Control – shoreline remediation within 15m of lake • Building permit required for ALL demolition and construction on the property • Development agreement

Page 72 of 226

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 73 of 226

PL-ZNA-2023-0047 Committee Deliberation and Vote

Page 74 of 226

Consent Granting Authority Report • PL-BDJ-2023-0028 (Smith) (The Boulevard Group) • PL-BDJ-2022-0131 (Martin & Bisaillon) • PL-BDJ-2022-0132 (Martin & Bisaillon) • PL-BDJ-2022-0170 (Sands) Page 75 of 226

Adjournment

Page 76 of 226

Minutes of Committee Of Adjustment May, 11, 2023

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 04 Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Doug Morey, Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Staff: Brad Wright, Director of Development Services; Christine Woods, Senior Planner; Noah Perron, Planner; Michelle Hannah, Secretary-Treasurer; Kate Kaestner, Planning Clerk; Michael Kelly, Planning Student 1

Call to Order

2

Adoption of Agenda

a)

Resolution Resolution No. 2023-04-02 Moved by Steve Pegrum Seconded by Alan Revill That the Committee of Adjustment adopts the agenda for the May 11, 2023 Committee of Adjustment meeting. Carried

3

Electronic Meeting Information

a)

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/

b)

PowerPoint Presentation Staff prepared a PowerPoint Presentation that was displayed on the screen of the meeting.

4

Declaration of pecuniary interest

a)

None Declared.

5

Approval of Minutes – April 13, 2023

a)

Resolution. Resolution No. 2023-04-03 Moved by Brett Moreland Seconded by Doug Morey That the Committee of Adjustment approves the minutes of the April 13, 2023 Committee of Adjustment meeting.

Page 77 of 226

Minutes of Committee Of Adjustment May, 11, 2023 Carried 6

Consent Applications from a Previous Meetings: (if applicable)

a)

There were none.

7

New Consent Applications:

a)

There were none.

8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)

There were none.

9

New Minor Variance / Permission Applications:

a)

PL-ZNA-2023-0042 (Bermel) (Preston) Property Address: Pine Point Road (Part of Lot 18, Concession 8) Purpose and Effect of the Proposed Variance: The applicant is requesting a minor variance to permit a dwelling with a setback of 26.6 metres from the high-water mark of the lake instead of the required 30 metre setback. The applicant is proposing to construct a 2-story dwelling located within 30 metres of Dog Lake. Brad Wright, Director of Development Services, delivered his report to the Committee. Michael Preston, Agent spoke to the proposal and the topographical challenges of maintaining the 30m setback from the highwater mark. Committee Member Pegrum proposed rotating the dwelling slightly to conform to the setback. Mr. Preston passed around a detailed topographical site plan to Committee members. Committee Member Revill inquired as to whether Township Staff could be more flexible in the setback encroachment to come to a compromise with the Applicant Committee Member Howe inquired as to whether the application may be deferred to allow for more meetings between the applicant and the Planning department. Committee Member Pegrum requested Mr. Right to demonstrate where the dwelling could be situated within the setback boundaries. Committee Member Morey spoke to the importance of the Development Agreement on the title of the property Chair inquired as to the function of the Development Agreement. Ms. Woods spoke to the purpose of the Development Agreement and it’s purpose being to let future property owners know about development requirements and/or restrictions on the subject property that wouldn’t otherwise be captured. Committee Member Revill expressed that he believed the request to be Minor in nature. Committee Member Fox inquired as to why the dwelling couldn’t be moved to the East or rotated into the required setback area.

Page 78 of 226

Minutes of Committee Of Adjustment May, 11, 2023 Chair Ruttan spoke to the goal of the Committee to be consistent with past applications. Resolution No. 2023-04-04 Moved by Doug Morey Seconded by Brett Moreland That the Committee of Adjustment denies Minor Variance application # PL-ZNA2023-0042. Defeated Resolution No. 2023-04-05 Moved by Alan Revill Seconded by Norm Roberts That the Committee of Adjustment approves Minor Variance application # PLZNA-2023-0042 to permit a dwelling with a reduced setback from the highwater mark from 30 metres to 26.5 metres, subject to conditions. Carried b)

PL-ZNA-2023-0043 (Dumbleton) Property Address: 3475 Buck Point Lane Purpose and Effect of the Proposed Variance: The applicant is requesting a minor variance to expand a legal non-conforming use by allowing a six (6) foot wide deck fronting onto Collins Lake. Brad Wright, Director of Development Services, delivered his report to the Committee. Resolution No. 2023-04-06 Moved by Norm Roberts Seconded by Kevin Fox That application number PL-ZNA-2023-0043 is granted permission to enlarge the legal non-conforming building on the subject property with 620 square feet of decking, subject to conditions. Carried

10

Other Business

a)

None declared.

11

Adjournment

a)

Resolution Resolution No. 2023-04-07 Moved by Kevin Fox Seconded by Norm Roberts That the May 11th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is adjourned at 7:45 p.m., to reconvene on Thursday, June 8th, 2023 at 7:00 p.m. or call of the Chair.

Page 79 of 226

Minutes of Committee Of Adjustment May, 11, 2023 Carried

Randy Ruttan, Chair

Page 80 of 226

Page 81 of 226

Page 82 of 226

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Page 94 of 226

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Page 95 of 226

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 :g@___. buildin southfrontenac net

Consent to Sever

Type of Application or Proposal:

Comments:

Locauom

The Building Department cannot support the proposed severance. The proposed property lines run through the mantle loading area of the existing sewage system on the retained parcel.

4617 Bedford Road Township of South Frontenac (Loughborough)

Snider, Elaine

PL—BDJ—2022—01 55

Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

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To:

SEWAGE SYSTEM REVIEWCOMMENTS

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Applicant Name(s):

“V”

SO UTH . FRO N TEN v\\ \

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Report from Public Services PL-BDJ-2022-0155 Application Number: ___________________________________________________ Elaine & Lynn Snider Applicant’s Name: _____________________________________________________ 5 5 Loughborough Concession: _________________ Lot: _______________District:



Bedford Road Road: ________________________________________________________________ Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines?

Road Conditions:

  1. Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

  2. Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ Yes □ No □ To be determined by an Ontario Land Surveyor □ Any specific requirement?

Arterial Road - Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.


Signature on behalf of Public Services

2022-12-08


Date

Page 96 of 226

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Location Labels

Page 97 of 226

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Notes Notes

To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: June 8, 2023 Subject:

Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

Summary This application is for the creation of a new residential lot. This report recommends denial of the application as it does not conform to the Township of South Frontenac Official Plan and it does not comply with Zoning By-law No. 2003-75. Specifically, the severed parcel would be deficient in lot area and would not be a satisfactory geometric design.

Background The purpose of the application is to create one new residential lot. Proposed Lot Configurations Severed Parcel

Retained Parcel

Area (ha)

0.7

0.8

Frontage on Bedford Road (m)

131

94

Designation and Zoning The subject property is designated Rural and is zoned Rural (RU). Related Applications The subject property is not subject to any other applications under the Planning Act. Review This application: X

Does not conform to section 51(24) of the Planning Act; www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 98 of 226

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);

Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);

Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1);

X

Does not conform to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1);

X

Does not comply with Zoning By-law No. 2003-75; and

Has no unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is located off Bedford Road just outside the Sydenham Settlement Area. The property is 1.5 hectares in size and pie-shaped. The property contains a single detached dwelling, pool and sewage system that are in the centre of the property. The frontage of the property generally consists of a rock cut. Department and Agency Comments Public Services provided comments on December 2022. It was noted that there are adequate sight lines for an entrance for the severed parcel. The entrance would need to be located at the southwest corner of the severed parcel. There are no special drainage/ditching concerns, and the overall road condition is adequate to serve increased development. Road widening is to be determined by an Ontario Land Surveyor. A 30-metre standard right-of-way is required on Bedford Road since it is an arterial road. Any shortfall of the right-of-way as measured 15 metres from the centreline of the road shall be dedicated for the severed lots. Public Services have no objection to the approval of the consent application. Building Services indicated in December 2022 that they cannot support the application as the proposed property line runs through the mantle loading area of the existing sewage system for the dwelling on the retained parcel. Building Services did confirm that the proposed severed parcel would provide flexibility in siting a sewage system dependant on the proposal submitted through an application to construct a sewage system. The applicant responded in May that they would move the existing sewage system to a compliant location on the retained parcel if the application is approved by the Committee of Adjustment. This action would need to be ensured through a condition of approval.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 99 of 226

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

Public Comments Two individuals asked questions about the application related to the form of residence, access, sewage system location and source of potable water supply. Township staff provided responses to their questions. The individuals then indicated that they had no objection to the application. Planning Analysis The Provincial Policy Statement 2020 (PPS) allows growth and development to be directed to rural lands, including residential lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural designation. Section 5.7.4 of the Township Official Plan indicates that a maximum of three rural residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for severances under Section 5.7.4, as there have been no previous severances from the subject property since the adoption of the Township Official Plan in September of 2000. However, the property does not meet all other applicable policies. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The frontage of the severed parcel and the retained parcel would exceed the minimum 76 metres required on a public road. The severed parcel would be 0.7 hectares in size, which is less than the minimum 0.8 hectares required by the Official Plan and by the Zoning By-law. The Provincial D-5-4 Guidelines on Individual On-Site Sewage Systems and Water Quality Impact Risk Assessment specify that developments consisting of lots which average one hectare (with no lot being smaller than 0.8 hectares), may not require a detailed hydrogeological assessment, provided that it can be demonstrated that the area is not hydrogeologically sensitive. Based on this guidance, the Township Official Plan requires a minimum 0.8 hectare lot size for consent applications so that applicants don’t need to complete this study. Lots less than 0.8 hectares in size are generally only considered through a plan of subdivision in which the lot areas are supported by a hydrogeological assessment and terrain analysis that demonstrates that there would be no adverse impacts to groundwater quality and quantity within the subdivision and for existing adjacent development. The proposed 0.7 hectare size of the severed parcel is close to 0.8 hectares. However, the existing dwelling (which would be on the retained parcel) is in the centre of the property, www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 100 of 226

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

resulting in a severed parcel that would be a narrow V-shape, which would not be a satisfactory geometric design as required by Section 7.1(d). The lot configuration would result in an awkward development envelope on the severed parcel. In addition, the property line between the severed and retained parcels would run through the mantle area of the existing sewage system, requiring the system to be moved. Private wells and sewage systems are the only servicing option outside of the Village of Sydenham. The subject property lies just outside Sydenham and the area serviced by the municipal water system. The PPS only allows the extension of partial services (e.g. municipal water and private sewage system) into rural areas to address failed individual onsite sewage and individual on-site water services for existing development. The severed parcel would be new development. Therefore, the severed parcel cannot be connected to the municipal water system with the intention of supporting a smaller lot size. It is the opinion of staff that it would not be appropriate to consider a reduction to the minimum lot size requirement, as allowed by section 5.7.4(ii)(a), as the overall intent of the Official Plan is not maintained. Conclusion Staff recommend that the Committee of Adjustment deny this application. The less than 0.8 hectare lot area does not conform to the Township Official Plan nor does it comply with the Zoning By-law. The severed parcel also would not satisfy the requirements of section 51(24) of the Planning Act. Specifically, regarding (c) conformity to the Official Plan, (d) the suitability of the land for the purposes for which it is to be subdivided, and (f) the dimensions and shapes of the proposed lot. Should the Committee of Adjustment choose to grant consent for a new lot with a lot area less than 0.8 hectares, it should be provisional subject to standard conditions (e.g., survey, road widening, cash-in-lieu of parkland, etc.,). A condition would be required to ensure the existing sewage system would be moved to a compliant location on the retained parcel. A zoning by-law amendment would also need to be sought for the lesser lot area. Such a zoning by-law amendment would need to be considered by Township of South Frontenac Council. Notice/Consultation Notice of the Application was given pursuant to the requirements of the Planning Act. A Notice of Public Meeting was circulated pursuant to the requirements of the Planning Act, at least 14 days before the public meeting. This included notice given: • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 101 of 226

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

• •

by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation It is recommended that application PL-BDJ-2022-0155 for consent to create a new residential lot be denied. Submitted by: Christine Woods, MCIP, RPP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 102 of 226

Page 103 of 226

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Page 111 of 226

Page 112 of 226

May 1, 2023 23-SFR-MVA-0007 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention: Bradly Wright Subject:

Johnston, Michael & Sandra; Application for Minor Variance, PL-ZNA-20230037–332 Pine Shores Lane, Lot 25, Concession 2; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0200 2041 7000 0000 ———————————————————————————————————–Dear Mr. Wright, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

The Proposal The RVCA understands this application is seeking relief from the Townships Zoning By-law to allow for the construction of a carport (13 m2) and detached garage (22 m2) within the 30m setback of Bobs Lake. The application is also seeking relief from permitted lot coverage. Finally, the application also seeks to recognize a reduction in the permitted water setback of an existing deck.

Page 113 of 226

The Property The subject property is an irregularly shaped 1310 m2 lot. The property is developed with a dwelling (99 m2) and an attached deck (32.5 m2). An existing retaining wall runs along the shoreline adjacent to the dwelling. A bay is located east of the cottage with manicured lawns to the west, the remaining eastern portion is naturalized. Staff from our office participated in a preconsultation site visit in March 2023 and had the opportunity to speak with the owners regarding the existing deck. The lot slopes gradually towards Bobs Lake. Several mature trees are present. A review of the desktop mapping indicated the following natural hazards or natural heritage features: -Our office has determined the 1:100 year flood level on Bobs Lake to be 163.07 metres above sea level -Bobs Lake is considered to be a watercourse for the purpose of our regulation -The property overlies a highly vulnerable aquifer A review of our records does not reveal the presence of marine clays, organic soils, or wetland areas. Review Comments Provincial Policy Statement Concerning section 3.1 of the PPS our office has no concerns given the location of the proposed garage and carport with respect to the 1:100-year flood level. Digital mapping products indicate that the elevation of the shoreline where the existing deck is located is above the 1:100-year flood level. Ontario Regulation 174/06 Our office regulates the shoreline of Bobs Lake. Any development proposed along the shoreline of Bobs Lake (including, but not limited to, grading, site alteration, dock installation, or erosion protection works) requires prior written permission is required from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. As acknowledged by the property owners the existing deck was constructed without the benefit of review by our office. Discussion In reviewing this application, it was noted that the calculation for lot coverage does not appear to include the existing deck. It is indicated the existing dwelling is 99 m2 resulting in a lot coverage of 7.5%. However, when the deck (approximately 32.5 m2) is included, this increases the existing lot coverage to 10%. The proposed accessory structures: a garage (22 m2) and a carport (13 m2) represent an additional lot coverage of 2.7%. As an existing undersized lot, there are challenges in considering the amount of development relative to the lot size. Under the Rural Waterfront zoning, 5% lot coverage is permitted for a

Page 114 of 226

Page 2 of 3

single detached dwelling (Section 8.3.1 of the Township’s Zoning By-law), and an additional 5% is permitted for accessory structures not attached to the principal dwelling (Section 5.24). Increases in impervious surfaces (including buildings and structures) have the potential to increase runoff and erosion. This is raised as it is the opinion of this reviewer that given the reduced setback of the proposed structures from Bobs Lake consideration should be given to how to effectively manage any runoff on-site to prevent shoreline erosion, this may include a combination of low-impact development (LID) techniques such as soak away pits, French drains, and vegetated swales to promote adsorption and infiltration of runoff. Recommendations Should the Township allow the variance our office would have the following recommendation for conditions of any implementation agreement or notes to be included in any decision:

Sarah MacLeod-Neilson Planner cc –Michael & Sandra Johnston, owners

Page 115 of 226

Page 3 of 3

Page 116 of 226

y

Comments:

Locatlon. _

.

Applicant Name(s):

Type of Application or Proposal:

Number:

To:

No objection, the location of the sewage system has been confirmed in accordance with the sewage system record for KFL&Apermit BE-17-10. The proposed garage is permitted to be located a minimum of 5 meter from the outer most distribution pipe to the closest point of the garage. The distribution pipe must be exposed prior to the placement of concrete in the footing proposed to confirm the setbacks by the building inspector. The sewage system area should be protected from accidental damage during the construction.

332 Pine Shores Lane Township of South Frontenac (Bedford)

Johnston, Michael & Sandra

Minor Variance

PL-ZNA—2023—0037

Secretary—Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

SEWAGE SYSTEM REVIEWCOMMENTS

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Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net I

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

Summary The subject application seeks zoning relief to permit a carport and garage with a setback of 14.6 metres instead of the required 30 metres. The applicant is also requesting a minor variance to permit an existing deck which fronts onto Bobs Lake. This report recommends that the Committee of Adjustment deny approval of the minor variance request for the existing deck under section 45(2) of the Planning Act. This report recommends that the Committee of Adjustment grant approval of the minor variance application related to the carport and garage subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Zone (RLSW) Zoning Relief Requested Sections 5.8.2(b) and 7.3.2 – to permit accessory buildings (detached garage and carport) to be setback a minimum of 14.6 metres from the highwater mark of a watercourse, whereas the Zoning By-law requires a minimum 30 metre setback for all buildings and structures. Related Applications The subject property is not subject to any other applications under the Planning Act.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 117 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

Discussion/Analysis Property Description The 0.13 hectare (0.32 acre) property has frontage on Pine Shores Lane. Approximately half of the property is forested. The property is developed with a single detached dwelling. Summary of Proposal The owner proposes to construct a 232 square foot detached garage and a 152 square foot carport. The garage and carport would be located to the north of the dwelling. The accessory structures would be setback 24.5 metres from the highwater mark of the watercourse on the property. The total lot coverage of the proposed accessory structures would be 2.7%, below the upset limit of 5% lot coverage for accessory structures. An application for minor variance was received to permit the accessory buildings to be setback less than 30 metres from the highwater mark of Bobs Lake. The applicant is also requesting a minor variance to permit an existing deck which fronts onto Bobs Lake. The applicant has stated that they purchased the property in 2019 and that the previous owner had advanced construction of the deck. The applicant completed construction with the assumption that approvals were already in place. Due to the undersized lot, the existing dwelling results in a total lot coverage of 7.5%, which exceeds the permitted lot coverage for residential use (5%). The existing deck was constructed without planning or building approval and increases the lot coverage to 10%. A letter from the applicant providing additional background is provided as an attachment. Department and Agency Comments Cataraqui Conservation indicated in a letter dated May 1, 2023, that they have no objection to the approval of this application based on their consideration for natural hazard policies and O. Reg. 148/06. However, a plan should be provided demonstrating how runoff will be managed on-site. Roof runoff from all structures should be directed to the rear or side yards and to an area of soil depth or containment adequate to allow for absorption and infiltration to minimize erosion potential. Building Services provided a letter dated May 23, 2023, indicating that the location of the sewage system has been confirmed. The proposed accessory structure is permitted to be located a minimum of 5 meters from the outer most distribution pipe. Public Services was not circulated as the subject property is located on a private lane. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 118 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

Public Comments No comments have been received from the public as of the date of this report. Planning Analysis Accessory structure (detached garage and carport): The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Official Plan on Schedule A. The proposed accessory structures (garage and carport) is a use associated with the permitted residential use of the property. The garage and carport would be setback 14.6 metres from the highwater mark of Bobs Lake. Section 5.2.7(b) of the Official Plan indicates that consideration may be given to reductions to the minimum 30 metre highwater mark setback only if it is not physically possible to meet the setback anywhere on the property. Where it is not physically possible to meet the setback, then the structure must be constructed as far back as possible from the highwater mark. The proposed location of the garage and carport was chosen by the owner with consideration for the topography and the undersized lot. The proposed variances maintain the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed garage and carport is a use associated with the permitted residential use of the property. The garage and carport setback from the highwater mark will be maximized at 14.6 metres. The accessory structures would comply with all other applicable zoning provisions. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate use of the land and building. The location of the garage and carport is practical. The setback from Bobs Lake is maximized. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 119 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. It is not anticipated to impact the existing or planned functionality of the property and adjacent properties. The existing natural vegetation will be maintained between the proposed accessory structures and Bobs Lake. Existing Deck: The subject application seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Bobs Lake. The existing 99 square metre dwelling is set back approximately 5.2 metres (17 feet) from the highwater mark. The existing deck is 32.5 square meters and is setback 1.2 metres (4 feet). The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback approximately 5.2 metres (17 feet) from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. Due to the undersized lot, the existing dwelling results in a lot coverage of 7.5%, which exceeds the zoning provision. The addition of the existing deck increases lot coverage further to 10%. The total potential lot coverage when considering the existing dwelling, existing deck, and proposed accessory structures results in a lot coverage of 12.7%. The following considerations need to be taken into account when reviewing the application:

  1. The enlargement of the legal non-conforming dwelling with the existing deck results in a setback of close to 1.2 metres (4 feet) from the highwater mark of Bob’s Lake.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 120 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

The intent of a legal non-conforming use with regard to setbacks from the high water mark is to not allow any further setback encroachment. 2. The existing deck further exacerbates permitted lot coverage standards by increasing lot coverage to 10%. The zoning standard for the principal building is 5%. Based on the above points, it is staff opinion that the minor variance under Section 45(2) to permit the existing deck should be denied as the existing deck creates a further encroachment upon the setback from the highwater mark and further increases the lot coverage on an undersized lot.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, deny the minor variance application under Section 45(2) related to the existing deck fronting onto Bobs Lake for the property at 332 Pine Shores Lane. It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0037 for the property at 332 Pine Shores Lane, with respect to the detached garage and carport subject to the following conditions.

  1. The minor variance is for two accessory structures (detached garage and carport). The accessory structures are permitted to be setback a minimum of 14.6 metres from the highwater mark of the watercourse on the property. The location and dimensions of the garage must be consistent with the applicant’s site sketch that will be attached to the Decision as Schedule “A”.
  2. A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
  3. A building permit is required for the demolition of the existing deck on the property which fronts onto Bobs Lake. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 121 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0037, Michael Johnston, 332 Pine Shores Lane, Bedford District

  1. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Bobs Lake and neighbouring buildings and structures, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. Preparation of a shoreline remediation plan. The purpose of the plan is to create and enhance the natural vegetative buffer within at least 15 metres of the highwater mark of Bobs Lake. The plan shall be reviewed by the Township prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the dwelling approved through application PL-ZNA-2023-0037.
  2. Minor variance PL-ZNA-2023-0037 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Brad Wright, Director of Development Services

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 122 of 226

Page 123 of 226

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Page 129 of 226

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Page 130 of 226

Inset Map Inset Map ROAD

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102904005010700

PL-ZNA-2023-0044 (MILLS) (PEABODY & BIGGERMAN) 1031 SMELTZER LANE

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Legend Subject Property Provincially Significant Wetland Wetland

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Non-Lake Trout Lake - At Capacity 102904005010500

Township Boundary Road Railway

RT SE E D

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. 102904005010910

Page 131 of 226

While the County 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: 1:2,000 102904005009900

0

25

50

100 m

102904005010900

UTM Zone 18 NAD 83 102904005011501

Date: 2023-04-20

42.04

( 1¼”

1 137’m) OSED

PROP

83’-9¾” (2 5

PROPOSE

D

12’-8½”

(19.79 m)

(5.56 m)

PROPOSED ONE STOREY ADDITION FOOTPRINT: 889 SF (82.6 m²)

EXISTING

EXISTING PRINCIPLE ONE STOREY STRUCTURE FOOTPRINT TO REMAIN 748 SF (69.5 m²) (HATCHING INDICATES EXISTING DWELLING)

(20.2

8m

) P

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SED

(7.59 m)

16’-3¾” (14.97 m) GRAVEL DRIVE TO SMELTZER LANE

)

225’-0¾” (77.74 m EXISTING

160’-7” G

) EXISTIN

(48.95 m

SITE PLAN

0 0

10 5

50

100 FT

15

30 m

MILLS RESIDENCE 1031 SMELTZER LANE SOUTH FRONTENAC

1031 SMELTZER LANE, SOUTH FRONTENAC, ONTARIO

TOTAL LOT AREA: 96,218 SF (8,939 m²) NOTE: INFORMATION ON THIS PLAN IS EXTRAPOLATED FROM 03 DECEMBER, 2022 SURVEY BY SMITH & SMITH O.L.S.

MARK PEABODY CUSTOM BUILDER DESIGN BUILD RENOVATE

CONCEPT SITE PLAN 613-561-2687

EXISTING ACCESSORY STRUCTURE

(5.44 m) EXISTING GRAVEL DRIVEWAY TO REMAIN

24’-11"

¼"

peabody@kingston.net

)

17’-10"

(3.84 m)

(19.91 m

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90’-4¾" (27.55 m)

65’-3¾"

18’-3"

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(5.56 m)

41’-0" (12.5 m)

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(3.87 m)

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EXISTING MAIN FOOTPRINT

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PROPOSED SEPTIC SAND BED

A 001

Page 132 of 226

Page 133 of 226

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Page 135 of 226

Page 136 of 226

May 4, 2023

File: MV/FRS/80/2023

Sent by E-mail Ms. Christine Woods, Senior Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Woods: Re:

Application for Minor Variance PL-ZNA-2023-0044 (Peabody & Mills) Pt Lot 6, Concession 14; 1031 Smeltzer Lane Loughborough District, Township of South Frontenac Waterbody: Desert Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the reconstruction of an existing one-storey dwelling and the construction of an addition to the dwelling on the subject property. The variance is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 25.3 metres to permit the construction of the new addition.

Site Description The subject property is located on the eastern shore of Desert Lake and is situated on Precambrian Shield. The shoreline bordering the subject lands consists primarily of a steep bedrock slope that reaches a height of approximately 8 metres. The area located on the top of the slope where the existing dwelling is located levels out slightly, then rises again into a secondary ridge. The property is densely covered in mature tree and vegetation growth, with a cleared area in the centre where the existing development is located.

Page 1 of 3

Page 137 of 226

The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential - Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township. Desert Lake itself is identified as a moderately sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Desert Lake. Natural Hazards Flooding: The highest recorded water level for Desert Lake is 136.31 metres geodetic. For Desert Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or that bank stabilization and shoreline protection works can occur, and that emergency personnel have the ability to access shoreline areas. Based on the survey submitted with the application, the proposed addition is located within the 6 metre access allowance from the top of bank. CRCA policies and guidelines can permit a reduction of the access setback for the proposed addition since the addition does not encroach further into the access setback than the existing building and access is not further restricted. Since the proposal is not anticipated to aggravate the hazard, staff have no concerns from an erosion perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term.

Page 138 of 226

Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0044 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit will be required for the proposed addition under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Desert Lake (the elevation 136.31 m geodetic) or within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner cc:

Greg and Paige Mills, Owners, via e-mail Mark Peabody/Todd Biggerman, Agents, via e-mail

Page 139 of 226

Page 140 of 226

Type of Application or Proposal:

Number:

A’°p”°a“°"

To:

Comments:

Location:

No objection, a suitable location for the installtion of a class 4 sewage system exist as identified on the Concept Site Plan A-001 by Mark Peabody Custom Builder submitted with this application. Specific requirements will be addressed through the building permit process for the construction of the sewage system.

1031 Smeltzer Lane Township of South Frontenac (Bedford)

Mills, Gregory Charles

Minor Variance

PL—ZNA—2023—0044

Secretary—Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

COMMENTS SEWAGE SYSTEM REVIEW

F R0 NTENAC

UTH SO .

_

Applicant Name(s):

x \

vv

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net

From: To: Subject: Date:

planning forward to Noah Perron re permission application PLZNA20230044 May 29, 2023 8:48:05 PM

Mr. Perron, I reviewed the details of the planning permission for the Mills residence at 1031 Smelzer Lane. It appears to be a thoughtful and good proposal. I have no objections. Thanks for the invitation to provide input. Sincerely,

Page 141 of 226

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Permission Application (S. 45(2) of Planning Act) Subject: PL-ZNA-2023-0044, Mills, 1031 Smeltzer Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-complying dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Desert Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is an undersized lot of record measuring 0.9 Ha (2.2 Ac) in area and 148m of frontage on the eastern shore of Desert Lake. The property is accessible by private laneway (Smeltzer Lane) via Canoe Lake Road. There currently exists a 1097.9sqft (102sqm) one-storey frame dwelling with attached deck and accessory structure. The property is situated on top of a slope, which levels out slightly near the existing dwelling in the middle of the property, before rising again into a secondary ridge. As a result of the slope, there is a www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 142 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0044, Mills, 1031 Smeltzer Lane, Loughborough District

raised staircase which provides access to the shoreline. The subject property is densely covered in mature trees and vegetation growth, with a cleared area in the centre where the dwelling exists. Further, there is an existing powerline which runs through the rear yard of the subject property. Finally, the subject property exists within an area characterized by similar waterfront residential development. Summary of Proposal The applicant proposes to enlarge a legal non-complying dwelling located within 30m of the highwater mark of Desert Lake. The existing 1097.9sqft one-storey dwelling with attached deck is setback 19.79m from the lake. This building will be replaced with a 1637.2sqft (152.1sqm) one-storey dwelling with walkout basement and attached deck. The proposal consists of a rebuild within the existing rectangular footprint and an expansion to the east, away from the shoreline. The proposed addition is to be setback 25.5m from the highwater mark of the lake and approximately 5m from the top of bank. The height of the new dwelling will also be increased to 7m. The proposed development complies with all other requirements of the RLSW zone. Department and Agency Comments Building Services completed a sewage system review and in a letter dated May 9, 2023, advised that the location identified within the conceptual site plan was suitable for the installation of a class 4 sewage system. Cataraqui Conservation staff, in a letter dated May 4, 2023, provided comments stating that they had no objection to approval of the application. They note that the proposed dwelling is located within an area regulated through O. Reg. 148/06 and therefore a permit from the Cataraqui Conservation will be required for the proposed dwelling if the subject application is approved by the Committee. Further, their staff concluded that the proposed dwelling would not be at risk of flooding. With respect to erosion, CRCA staff noted that the proposed enlargement of the dwelling is located within 6m access allowance from the stable top of bank. However, because the proposed enlargement would not encroach further into the access setback than the existing building it is not anticipated to aggravate an erosion hazard. Therefore, Cataraqui Conservation staff also have no concerns from an erosion perspective but recommend proper sediment and erosion controls if approved. CRCA staff also recommend maintenance and enhancement of a healthy shoreline buffer to help stabilize soils into the long-term. Public Comments Supportive written comments were received from a nearby landowner.

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Page 143 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0044, Mills, 1031 Smeltzer Lane, Loughborough District

Planning Analysis The property is zoned RLSW. Dwellings are a permitted use in the RLSW zone. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling holds legal noncomplying status as it was constructed prior to the current Zoning By-law and is setback 19.79m from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. A portion of the proposed new dwelling is to be constructed in the same location as the existing dwelling. The proposed dwelling footprint is slightly larger than the existing dwelling, increasing lot coverage of the principal structure from 1.1% to 1.7%. While the footprint is increasing, there is considerable overlap in the footprint of the proposed building compared to the existing structure which will minimize the amount of site disturbance and vegetation removal. The portion of the proposed dwelling outside of the existing footprint will extend east and will be setback further from the highwater mark (25.5m proposed vs.19.79m existing). Due to existing topography, there is no opportunity to locate the proposed dwelling further from the lake. Section 5.8.2 of the Zoning By-law states that no building or structure shall be located within 15m of the top of bank of a slope which is greater than 30% from horizontal. The existing dwelling is located approximately 5m from the top of bank. The proposed enlargement of the dwelling would be setback farther from the top of bank than the existing building. As such, CRCA staff concluded the proposal is not anticipated to aggravate a hazard and had no concerns from an erosion perspective. The existing dwelling consists of one-storey and is 4.9m in height. The proposed dwelling will also consist of one storey but will include a walkout basement oriented away from the shoreline. As such, building height will increase to 7m which is within the maximum permitted height of the RLSW zone. Maintaining existing vegetation will assist in screening the development from adjacent properties and assist in mitigating visual impacts when viewed from the lake. Further, a new septic system is to be installed on the subject property and will be approximately the same distance from the lake as the existing, outside of the 30m buffer. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-complying dwelling on the property, as described in this report.

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Page 144 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0044, Mills, 1031 Smeltzer Lane, Loughborough District

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2023-0044 for 1031 Smeltzer Lane, subject to the following conditions.

  1. Permission is granted to enlarge the legal non-complying dwelling on the subject property. The replacement dwelling is permitted to have 152.1sqm gross floor area, and a maximum building height of 7m. The expansion is permitted to establish a minimum 25.5m setback from the highwater mark of Desert Lake and a 5m setback from the top of bank. The location of the expansion must be consistent with the submitted plans (Mark Peabody Custom Builder submitted April 13, 2023) that will be attached to the Decision as Schedule “A”.
  2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g., silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Desert Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. The natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline.
  3. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.

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Page 145 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0044, Mills, 1031 Smeltzer Lane, Loughborough District

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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Page 146 of 226

Page 147 of 226

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Personal

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Personal information herein is under requested required the Planning Act. This information be used by the will Committee Adjustment/Land of Division purpose reviewing of the above referenced may application, and be made boards, Agencies Authorities, and having Persons an interest Commissions. regarding questions the collection of this information should be directed Treasurer the of Committee of Adjustment (P.O. Box Sydenham, 100, Ont., 376-3027 ext.2224) .

Collection

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Page 149 of 226

Page 150 of 226

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Page 153 of 226

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Page 154 of 226

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TOVVNSHIP

Page 155 of 226

Page 156 of 226

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1990,

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the with

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to

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to

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wish name,

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names of all address(es) the

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The and

TOVVNSHIP

Page 157 of 226

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 159 of 226

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Page 164 of 226

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Page 166 of 226

April 21, 2023 Cole McGregor 22 Kempton Avenue, Belleville, Ontario K8N 0E9

Environmental Geotechnical Building Sciences Construction Quality Verification

Attn: Cole McGregor, Homeowner Re: Engineering Letter of Opinion – 307 Pine Shores Lane, South Frontenac, ON Cambium Reference: 17704-001 Cambium Inc. (Cambium) was retained by Cole McGregor (The Client) to conduct a site inspection for the property located at 307 Pine Shores Lane in South Frontenac, Ontario (Site). This letter report provides the results of a site

Telephone (866) 217.7900 (705) 742.7900

Website

inspection where Cambium observed the existing slope conditions and determined the Slope Stability Rating per the Ontario Ministry of Natural Resources (MNR) Erosion Hazard Limit Guidelines.

cambium-inc.com

Mailing Address

SITE DESCRIPTION AND BACKGROUND

P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

The property is located at 307 Pine Shores Lane in South Frontenac, Ontario

Locations

along the west shore of Bob’s Lake. The property is accessed from Pine Shores

Peterborough Kingston Barrie Oshawa Calgary

Lane via Bradshaw Road. For the purposes of this report, the shoreline of Bob’s Lake will be considered as running along the east boundary of the property. Pine Shores Lane runs in the

Laboratory Peterborough

north-south direction and bounds the property to the west. The property is situated along an existing slope extending from Pine Shores Lane to the Bob’s Lake Shoreline. While the entire property is situated along a slope face, for the purposes of this report, the subject slope is a portion of the total slope located east of the existing dwelling and cresting immediately to the rear of the existing dwelling. The subject slope extends down to the toe of the slope located at the Bob’s Lake shoreline. The subject slope contains a measured width of approximately 15 m, taken to match the width of the proposed deck. The slope is the subject of the slope assessment, and the proposed

17704-001

Page 167Page of 1226

April 21, 2023 development is to be located on the tableland of the subject slope immediately east and to the rear of the existing dwelling. Based on conversations with the Client, it is understood that the intent is to construct a deck addition along the north and east sides of the existing dwelling. Environmental

It is understood that the current proposed development does not meet the set back requirements from the stable top of slope and that the southeast portion of

Geotechnical

the deck is to extend a maximum of approximately 3.0 meters into the 30-meter-

Building Sciences

high water mark set back. Due to this, it is understood that the Rideau Valley

Construction Quality Verification

Conservation Authority has recommended that a letter of opinion be provided detailing opinions on the feasibility of the proposed deck as well as any relevant construction recommendations.

Telephone (866) 217.7900 (705) 742.7900

Website

Photos of the existing conditions are provided in the Photo Appendix following the text of this letter. VISUAL SLOPE INSPECTION

cambium-inc.com

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

A detailed visual slope inspection was conducted on April 12th, 2023 by Cambium personnel. General information pertaining to the existing slope features such as slope profile, slope drainage, vegetation cover, structures on or in the vicinity of

Locations Peterborough Kingston Barrie Oshawa Calgary

Laboratory Peterborough

the slope, erosion features, and potential slope slide features were noted during the inspection. A summary is provided below. Photographs taken during the inspection are included in the Photo Appendix. The subject slope is located east of the existing dwelling, cresting immediately at the rear of the dwelling and extending to the toe of slope located at the Bob’s Lake shoreline. The total slope face length was measured to be approximately 32.5 meters. At approximately 19 meters below the crest, the slope begins to flatten and a natural, relatively flat surface is observed for approximately 7.5 meters in length. The slope then steepens once again for a length of approximately 8.5 m, extending to the toe. The table land or plateau where the addition is proposed to be constructed currently consists of a level, gravel-based surface with existing concrete piers

17704-001

Page 168Page of 2226

April 21, 2023 currently not in use. The tableland is devoid of vegetation and bedrock outcrops are visible. The tableland was measured at approximately 3.0 m in length from the east side of the dwelling to the crest. The slope face contains visible bedrock outcrops throughout, occasionally Environmental

overlain by approximately 0.3 to 0.6 m of topsoil material. The face contains small bushes and occasional young to mature trees. A gravel path extends from

Geotechnical

the crest to the flat portion of the slope, underlain by bedrock and occasionally

Building Sciences

graded using bedrock boulders. An existing staircase is also located on the slope

Construction Quality Verification

face extending from the crest to the flat surface. A small shed, removable picnic table, and flagpole are located at various locations along the slope face. The slope toe near surface consists of either topsoil over bedrock or gravel,

Telephone (866) 217.7900 (705) 742.7900

cobbles, and boulders along the shoreline with no evidence of significant erosion. No evidence of seepage or concentrated surface runoff was noted along the slope face or at the slope crest. No evidence of previous landslide activity was

Website cambium-inc.com

noted.

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa Calgary

The area of the proposed addition footprint at the crest of the slope was observed to consist of up to approximately 1.0 meter of gravel material overlying topsoil and bedrock. Bedrock outcrops were visible at the crest. Additionally, results were compared to the well record provided by the homeowner for the recently installed well. The well record indicates that granite bedrock was encountered at 1.2 mbgs while the overburden soils consisted of a sand with

Laboratory Peterborough

cobbles and/or boulders. Based on the use of an inclinometer, the subject slope has an inclination of approximately 3H:1V to 2H:1V (20°). The inclination of the slope was measured using a hand inclinometer from the slope toe. The slope itself shows no signs of instability or distress. Based on our above observations, as well as publicly available geological maps, it is likely the slope is composed predominantly of bedrock overlain by relatively shallow deposits of topsoil. The watercourse was found to be less than 15 meters from the slope toe.

17704-001

Page 169Page of 3226

April 21, 2023 SLOPE STABILITY RATING Based on the “MNR Technical Guide – River and Stream Systems: Erosion Hazard Limit”, the existing slope on the property has a rating of 24 which is indicative of a low potential for instability based on the guidelines. A record of the Environmental

slope inspection is provided in the attachments.

Geotechnical

POTENTIAL FOR INSTABILITY

Building Sciences

Based on the results of our site inspections and measurements, it is Cambium’s

Construction Quality Verification

opinion that the factor of safety of the subject slope in its existing configuration significantly exceeds the 1.5 minimum required to allow for active land use near the slope crest. Considering the entirety of the slope consists of topsoil or overburden soil overlying shallow granite bedrock the proposed addition would

Telephone (866) 217.7900 (705) 742.7900

Website

not pose risk to the existing slope stability provided that the proposed structure is founded on bedrock. Further construction recommendations are provided in a proceeding section.

cambium-inc.com

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

The above assumes that no historical infilling has been conducted elsewhere on the slope face.

Locations

CONSTRUCTION RECOMMENDATIONS

Peterborough Kingston Barrie Oshawa Calgary

In order to mitigate possible adverse effects to the slope stability following

Laboratory Peterborough

completion of construction, the following general recommendations are provided: •

A minimal amount of trees should be removed from the slope face.

Construction activities should be conducted in a manner which does not result in surface erosion of the slope. Site grading and drainage should be designed to prevent direct concentrate or channelized surface runoff from flowing directly over the slope.

The slope should not be steepened in any way with fill material.

Water drainage from down-spouts, rain gutters, sumps, and the like should not be permitted to directly flow over the slope crest as channelized runoff.

17704-001

Page 170Page of 4226

April 21, 2023 •

Foundations should bear on clean, sound granite bedrock. Foundations should be founded on flat surfaces or anchored to bedrock by means of doweling where sloped bedrock conditions exist at footing subgrades. If required, Cambium personnel can return to site to confirm foundation subgrade during construction.

Environmental Geotechnical Building Sciences Construction Quality Verification

LIMITATIONS AND REVIEW The above rating parameters assume that the proposed addition will be founded directly on bedrock. The subgrade conditions of the addition should be verified at the time of construction by geotechnical personnel.

Telephone (866) 217.7900 (705) 742.7900

Website cambium-inc.com

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa Calgary

Laboratory Peterborough

17704-001

Page 171Page of 5226

April 21, 2023 CLOSING We trust that the information contained in this report meets your current needs. If you have any questions or comments regarding this document, please do not hesitate to contact the undersigned at (613) 389-2323. Environmental Geotechnical

Best regards, Cambium Inc.

Building Sciences Construction Quality Verification

Farhan Imtiaz, EIT Geotechnical EIT /Project Coordinator

Mackenzie Garrison, M.Eng. P.Eng Geotechnical Engineer - Project Manager

Telephone (866) 217.7900 (705) 742.7900

FI/MG Encl.

Website

Photo Appendix

P:\17700 to 17799\17704-001 McGregor - GEO - 307 Pine Shores Ln, S Frontenac\Deliverables\REPORT - Letter of Opinion\

cambium-inc.com

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa Calgary

Laboratory Peterborough

17704-001

Page 172Page of 6226

April 20, 2023 Photograph 1

Environmental

Location:

Table Land/Slope Crest

Viewing:

South

Description:

Proposed deck footprint at subject slope tableland.

Geotechnical Building Sciences Construction Monitoring

Photograph 2 Telephone (866) 217.7900 (705) 742.7900

Location:

Top of Slope Face

Facsimile

Viewing:

Southwest

Description:

Top portion of slope face. Gravel path visible.

(705) 742.7907 Website

cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5

Locations Peterborough Kingston Barrie Oshawa

Photograph 3

Laboratory Peterborough

17703-001

Location:

Middle of Slope Face

Viewing:

South

Description:

Middle portion of slope face. Gravel path visible. Bedrock outcrops visible. Cobbles/boulders used for gravel path grading visible.

Page 173Page of 1226

April 20, 2023 Photograph 4 Photograph 4

Location: Location:

Flat section within Slope Back Slope Face Viewing: North Viewing: South Description: Existing back slope Description: 7.5 metre flat section of slope conditions, Lake visible at the face visible. Picnic table toe to the east and grade raise visible. Bottom of staircase fill seen at the west. visible. Bedrock outcrop visible.

Environmental Geotechnical Building Sciences Construction Monitoring

Photograph 5 Photograph 5 Telephone (866) 217.7900 (705) 742.7900

Location: Location:

Bottom of Slope Face Back Slope

Viewing: South Viewing: North Description: Bottom portion of slope face. Description: Closer view of grade raise fill Bedrock outcrop visible. adjacent to the existing mobile Vegetation cover visible. home structure

Facsimile (705) 742.7907 Website

cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5

Locations Peterborough Kingston Barrie Oshawa

Photograph 6 Photograph 6

Location: Location:

Laboratory Peterborough

Slope Toe Back Slope

Viewing: North Viewing: South Description: Visible bedrock outcrops at Description: Natural slope configuration slope toe, no signs of towards crest without the fill significant erosion. Bob’s Lake material. visible.

17703-001

Page 174Page of 2226

Technical Review Memorandum To From Date File Type

Sarah MacLeod-Neilson, Planner Department of Science and Planning Isabelle Maltais, P. Eng., Natural Hazard Water Resources Engineer, Department of Engineering and Regulation April 26, 2023 23-SFR-MVA-0009, Proposed New Deck, 307 Pine Shore Lanes, South Frontenac, ON Minor Variance Application

Subject Review of Slope Stability Hazards Submission Engineering Letter of Opinion, Cambium, April 21, 2023

Site and Project Description The property is located at 307 Pine Shores Lane in South Frontenac, Ontario, on the west shore of Bob’s Lake. The site presents a relatively level plateau to the western portion followed to the east by a slope that descends about 15 m in height with an angle of about 20 degrees. An existing dwelling is present on the western plateau from which a deck is proposed along the north and east sides. The deck would be located in part near the crest of a slope and extend beyond the 30 m setback requirement which would require a minor variance approval.

Status The Rideau Valley Conservation Authority (RVCA) geotechnical engineering staff have reviewed the available information, within the following context, and recommend acceptance of the geotechnical Engineering Letter of Opinion prepared by Cambium and dated April 21, 2023, in support of the minor variance application. Our acceptance is discussed within the body of this memorandum.

Discussion In the context of the site geological conditions and proposed development, we consider the geotechnical Engineering Letter of Opinion to provide sufficient information to demonstrate that the proposed site alteration would not be within a hazard area or increase the risk of slope stability hazard. All recommendations within Cambium letter should be followed, including having the footings bearing on bedrock.

Page 175 of 226

Technical Review • Memorandum Review of Slope Stability Hazards April 26, 2023 Page 2 of 2

Finally, we would like to remind the applicant of the following best practices when in proximity to slopes:

  1. Do not direct uncontrolled water towards the slope (drainage, gutter, septic field, pool & hot tub drainage, etc.)
  2. Do not overload the top of the slope (backfill, fill, miscellaneous waste, grass cuttings, branches, leaves, snow, etc.)
  3. Do not excavate at the base of the slope
  4. Maintain healthy native vegetation cover
  5. Use proper erosion & sediment control during construction work

Limitations RVCA geotechnical engineering staff has not conducted an independent site investigation to confirm the validity of the data, analyses, interpretations and recommendations presented in Cambium, April 21, 2023, Engineering Letter of Opinion. RVCA reiterate that the qualified professional who has conducted and signed the letter, endorsed the final responsibility for its content and corresponding recommendations.

We trust, this is suitable for your purposes at the present. Please call if you have any questions.

Best Regards, Department of Engineering and Regulation

Isabelle Maltais, P. Eng. Natural Hazard Water Resources Engineer

23-SFR-MVA-0009, Minor Variance Application, Proposed New Deck, South Frontenac, ON

Page 176 of 226

May 1, 2023 23-SFR-MVA-0009 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention: Christine Woods Subject:

McGregor, Cole & Brackenridge Matt; Application for Minor Variance, PL-ZNA2023-0045–307 Pine Shores Lane, Lot 25, Concession 4; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0200 2058 0000 0000 ———————————————————————————————————–Dear Ms. Woods, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

The Proposal The RVCA understands this application is seeking relief from the Townships Zoning By-law to allow for the construction of a deck for which a portion will extend into the 30 m setback from the high-water mark of Bobs Lake.

Page 177 of 226

The Property The subject property is an irregularly shaped 1.02 acre lot (0.413 ha). The property is developed with an existing dwelling. The dwelling is constructed on a plateau that slopes steeply to the east. Staff from our office participated in a pre-consultation site visit in March 2023 and recommended that a geotechnical opinion be provided regarding the feasibility of construction adjacent to the slope. The lot has several mature trees and a rocky shoreline. A review of the desktop mapping indicated the following natural hazards or natural heritage features: -Our office has determined the 1:100 year flood level on Bobs Lake to be 163.07 metres above sea level -Bobs Lake is considered to be a watercourse for the purpose of our regulation -The property overlies a highly vulnerable aquifer -Steep slopes are present on the subject property A review of our records does not reveal the presence of marine clays or organic soils. Review Comments Provincial Policy Statement Concerning section 3.1 of the PPS our office is satisfied that hazards associated with steep slopes have been addressed with the provision of a geotechnical letter of opinion (Engineering Letter of Poinion-307 Pine Shores Lane, South Frontenac ON, Cambium reference: 17704-001, Cambium, dated April 21, 2023) and provided recommendations within the letter are implemented. Ontario Regulation 174/06 Currently, our office regulates the shoreline of Bobs Lake. Should any development be proposed along the shoreline of Bobs Lake (including, but not limited to, grading, site alteration, dock installation, or erosion protection works) prior written permission is required from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. The development proposed in the subject application does not include any shoreline alteration and is outside RVCA’s regulation limit, therefore written permission is not required from our office under the aforementioned regulation. Recommendations Technical staff at our office reviewed the letter of opinion and have provided recommendations regarding best management practices within the enclosed technical memo. Should the Township allow the variance our office would have the following recommendation in any implementation agreement or notes to be included in any decision:

Page 178 of 226

Page 2 of 3

- Maintenance of native vegetation within the slope and throughout the 30 m setback of the highwater mark from Bobs Lake.

Sarah MacLeod-Neilson Planner cc –Cole McGregor & Matt Brackenridge, owners cc –Lucille & Kenneth Greer, agent cc –Michelle Hannah, Township of South Frontenac cc –Isabelle Maltais, RVCA Encl: RVCA Technical memo

Page 179 of 226

Page 3 of 3

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a deck attached to a single detached dwelling, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested Section 5.8.2 – to permit the proposed deck to be setback 0m from the top of bank, whereas the Zoning By-law requires a minimum 15m setback from the top of bank. Sections 10.3.1 – to permit lot coverage for the principal building to be 6.3% where the RLSW zone permits a maximum of 5% for the principal building. Additionally, to permit a setback of 26.80m from the highwater mark where the RLSW zone requires a minimum of 30m. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is an undersized lot of record measuring 0.4Ha (1.02Ac) in area and 61m of frontage on Bob’s Lake. Access is by private laneway (Pineshores Lane) via www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 180 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

Bradshaw Road. There is an existing two-storey 1520sqft (141sqm) dwelling with walkout basement and a detached accessory structure. The subject property contains several mature trees and a rocky shoreline. Further, the surrounding area is characterized by similar residential waterfront developments. The subject property is located within a slope which extends from Pineshores Lane to the shore of Bob’s Lake. The existing dwelling is located on a plateau that slopes steeply to the east towards the shoreline. Summary of Proposal The applicant is proposing to construct a 121sqm deck around the east and north sides of the dwelling. The proposed deck would be primarily one-storey with a second storey lookout on the east side of the dwelling. The existing 141sqm dwelling was constructed approximately 31.4m from the highwater of Bob’s Lake. A portion of the proposed deck, being the southeastern most corner, would encroach within the 30m setback. The southeastern corner of the deck would be setback 26.8m. The existing lot coverage of the principal structure is 3.4%. The proposed deck would increase lot coverage to 6.3%. As such, a minor variance is being requested to permit lot coverage to exceed 5% and to encroach within the 30m setback from the highwater mark. Additionally, due to the steep slopes on the subject property, this minor variance is requesting to permit the proposed deck to be located within 15m of the top of bank of the existing slope. The proposed deck will be setback approximately 0m from the top of bank. The proposed deck complies with all other zoning requirements. Supporting Documentation An Engineering Letter of Opinion (Cambium Inc., April 21, 2023) was submitted in support of this application. The letter report provides the results of a site inspection where Cambium observed the existing slope conditions and determined the Slope Stability Rating. The letter report concludes that the proposed deck would be founded on bedrock and would not pose risk to the existing slope stability. Further, the letter report recommends the implementation of best construction practices. Agency Comments Rideau Valley Conservation Authority staff, in a letter dated May 1, 2023, provided comments stating that they had no objection to approval of the application. They note that the proposed development does not include shoreline alteration and is outside of the area regulated by O. Reg. 174/06. Therefore, a permit from the RVCA will not be required for the proposed deck if the subject application is approved by the Committee of Adjustment. Rideau Valley Conservation Authority geotechnical engineering staff, in a letter dated April 26, 2023, recommended acceptance of the geotechnical Engineering Letter of Opinion prepared by Cambium Inc. in support of the minor variance application. RVCA staff consider the Engineering Letter of Opinion to provide sufficient information to demonstrate the proposed site alteration would not be within a hazard area or increase the risk of slope www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 181 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

stability hazard. Additionally, RCVA staff state all recommendations within the Cambium letter should be followed and include a list of best practices for development in proximity to slopes. The application was not reviewed by Public Services and Building Services due to the nature of the requested relief and the proposed location of the deck. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate construction of a deck attached to a single detached dwelling on lands that are designated Rural in the Official Plan on Schedule A. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed deck is accessory to the permitted residential use of the property. Section 5.2.7 of the Official Plan requires buildings and structures to be setback a minimum of 30m from the highwater mark of lakes and rivers. Vegetation within this area should be disturbed as little as possible and the soil mantle is also not to be altered. The purpose of these measures is to minimize environmental and visual lake impacts by reducing phosphorus inputs, preventing erosion and by maintaining a natural appearance of shorelines. Further, Section 5.7.7 requires limited-service residential development to be designed to preserved as much as possible a site’s physical attributes for the benefit of future residents. Minimal vegetation would need to be removed as a result of the deck, and the deck would be screened from the lake by existing trees. The property is situated along an existing slope from Pineshores Lane to Bob’s Lake shoreline. While the entire property is situated along a slope face, the slope in question is located east of the existing dwelling and crests immediately to the rear of the existing dwelling. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15-metre setback from the top of bank, as required by the Zoning By-law. In the absence of appropriate setbacks from the top of bank, the applicant retained Cambium Inc. to prepare an Engineering Letter of Opinion in support of the proposal. The letter concluded that the proposed addition would not pose risk to the existing slope stability provided that the proposed structure is founded on bedrock. RVCA geotechnical engineering staff reviewed the Engineering Letter www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 182 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

of Opinion and concluded that it provided sufficient information and recommended acceptance. As such, it is unlikely that the proposed development would result in, or be impacted by, a shoreline erosion hazard. It is the opinion of Township staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to limited services waterfront residential development, and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? The addition of a deck to an existing dwelling is a permitted use in the RLSW zone. The proposed deck complies with all requirements of the Zoning By-law except the maximum permitted lot coverage, minimum setback from the highwater mark and proximity to slope greater than 30% from horizontal. The existing dwelling is currently in compliance with the requirement for maximum lot coverage. However, the proposed deck would result in an increase in lot coverage to 6.5%. The increase in lot coverage as a result of the proposed deck is appropriate given the topographical constraints on the property. The door facing the lake is currently unusable and requires a deck of a certain width in order to be functional. The existing dwelling is currently in compliance with the minimum setback requirements from the highwater mark. However, a small portion of the proposed deck would encroach 3.2m into the 30m buffer zone, with a majority of the deck outside this area. The proximity of the existing dwelling to the 30m buffer has left limited room for the creation of a deck without slight encroachment. Further, the door of the walkout basement is functionally unusable due to the change in elevation. Considering this, the proposed setback of 26.8m from the highwater mark would be appropriate and would improve the functionality of the existing dwelling. The existing dwelling is currently situated within a slope that extends from Pineshores Lane to the shoreline of Bob’s Lake. The Zoning By-law requires a 15m setback from the top of bank of any slope greater than 30% from horizontal. In the absence of such setbacks, the applicant submitted an Engineering Letter of Opinion in support of their proposal. The letter concluded that the proposal would pose no risk to the existing slope stability. Further, the letter was reviewed and accepted by RVCA geotechnical engineering staff. A such, the proposed development is unlikely to result in a shoreline erosion hazards and its location within the existing slope is appropriate. The proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question?

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 183 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

The requested variances are desirable for the appropriate development or use of the dwelling as it would result in modest sized deck on the dwelling that would facilitate safe and practical access from the dwelling. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law. They are also desirable for the appropriate development or use of the dwelling. It is anticipated that there will be no negative impact on the surrounding properties and on the lake as a result of the addition of the proposed deck to the dwelling.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0045 for 307 Pineshores Lane, subject to the following conditions.

  1. The minor variance is for a 121sqm deck attached to an existing single detached dwelling. The deck is permitted to establish a minimum 26.8m setback from the highwater mark of Bob’s Lake and a 0m setback from the top of bank. Also, Lot coverage for the principal building is permitted be 6.3%. The location of the deck on the property must be consistent with the submitted sketch (Cole McGregor received April 19, 2023) that will be attached to the Decision as Schedule “A”.
  2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Bob’s Lake and neighbouring buildings and structures and discharged to natural or constructed

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 184 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0045, McGregor & Brackenridge, 307 Pineshores Lane, Bedford District

leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. The natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, except in the immediate are of the building envelope. 3. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. 4. Minor variance PL-ZNA-2023-0045 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 185 of 226

Page 186 of 226

KT

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be for provided (where applicable) Conservation

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provided

appointed 1990, to alter

use of the land, Of? ial Plan. Zoning By-law. or

the

or the

45(2)) 2023

FRONTENAC VARIANCE

persons Act R.S.O. s. 45(2)

copy this of application together with the sketch, below or by debit in cash. Frontenac.

by

Frontenac Only l/VITH Performance combination in with than a Class system A

South

Region

of Variance Variance Variance other

It is required Conservation payable to

Application 1-3 Variances Variances 4+ building After

is required that one It (1) Adjustment, of Committee accordance with the chart the of South to Township

Requirements

ing

permission

intent

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appropriate tent

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zoning

grant may buil land, prohibited

the

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SOUTH MINOR (s.

Committee of eight 45 of the Planning or permission under

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TOWNSHIP OF APPLICATION FOR OR PERMISSION

is a Section by-law

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the genera the general nature in

Committee where any a purpose for

Township

of

formed from

desirable Maintains Maintains ls minor

is

Committee the variance:

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The lands used

that

The

The Committee Committee is minor variance

A‘

Page 187 of 226

Please additional READ

THIS

are

OF

SOUTH

CAREFULLY

to

FRONTENAC R.S.O. Act,

consultation fees prior

ITENI

for and

Planning

on any

this application construction.

APPLICATION P.13 1990, c. as

FOR

only:

amended

these

IVIINOR

agencies

VARIAN CE

of

Personal

Information

376—3027

ext.2224).

requested under Personal herein is the Planning information Act, required This be used by the Adjustment/Land Division information of Committee will of reviewing the above referenced and be made purpose application, may Persons having an interest boards, Agencies and Commissions, Authorities, of information should be directed regarding the collection this questions Treasurer the Adjustment (P.O. Sydenham, of of Committee Box 100, Ont.,

Collection

of Each shall a sketch showing the dimensions the subje applicant provide ct sh abutting lands as outlined Question of the application. The sketch 29 in o or measures. and scaled Metric This dimensioned either in Imperial sketch, ld the is the basis for the analysis of the Minor Variance Application Form, Committee of Adjustment. it is strongly recommended that the applicant sp carefully and thoroughly assemble the data and the data en time to transfer d the and that sketch be drawn with dimensions important accurate mea which does include the above information may application not required not sure men the may secure assistance of a who regard, applicant wish to the person ts. of answering application questions is drafting such sketches. guide to the A

PLEASE

fees Note: These applications permit

TDVVNSHIP

Page 188 of 226

Page 189 of 226

a

’/T/re

are

the

the

to used nearest

road?

front

and

es

whether garage. shed,

use

A

subject

the

cannot

etc.)

are

L-7~-r

the

any

I3

NO

maintained

Ta

land?

buildings

C

0

FOR

A

indicate these

or

the

Z o ni n g

the facilities

on

th e

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parkin g fro

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~72,

structures

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road?

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VARIAN CE

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the

a

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comply

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Area:

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land.

APPLICATION P.13 1990, c.

725: a>a~1’¢

‘//4/44)

AA)

on

jNo

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of

property

road.

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:/M42

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relief

to be public

I44

existing

the or

I

property

/7/£4-i~’r

area

subject

the

proposed

maintained

Road/Lane:

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why

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privately

of

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Name

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of

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extent

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of

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;

water):

depth

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and

subject

reason

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the

nature

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/xv

current

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(on

frontage(s),

Frontage

The

TOVVNSHIP

Page 190 of 226

Setback

story

or

indicate

if

it

14.Are

1 3.The

to

any be

uses

High

of

one

bui|ding(s) bul “It on the

proposed

is

story)

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from Line

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to

fn_3n1

from Line

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of

Lot

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Height

Lot

Lot

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Front

answer

of Structure residence)

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(E.g.

Type

TOVVNSHIP

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,_

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chase’

or

as

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structure

APPLICATION c. P.13 1990,

building

/50»/»<.

(2)

EACH

FRONTENAC R.S.O. Act, for

/

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Page 191 of 226

If the

story

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NOTES:

if

of

is

story)

it

your

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plans

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VARIA NCE

structure

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the setbac k same. CONSTRUCTIO NEVV the

,

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building

as

structures?

APPLICATION c. P.13 1990,

is on property waterfront, from setback the high water this required in question total size the of completed

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C,/LA1¢T

( 1

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item

lot line and the The dimensions 2) and to the NOT

one

to

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Buildinglstructure

from Line

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frorn

frorn Line

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tvvo

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or

indicate

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of

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Setback Side

Height

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answer

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Type (E.g.

TOVVNSHIP

Page 192 of 226

Is

or

existing

subject

of

drainage provided

sewage sewage system, other means:

whether

that

water a privately means:

time

is

the

g and

sewers,

disposal privately a

by

to

is

an

?xtures

bedrooms

0a

were

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to and

by

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mm

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publicly communal

by

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the subject operated

land individual

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bx/ewe

provided owned

and

of

APPLICATION c. P.13 1990,

development?

(loser existing

._$i;\J(

or septic

iv»/H

was

existing

of

space

acquired

living

plumbing

number

proposed

addition

in

in

in

the

details:

the

FRONTENAC R.S.O. Act,

RAISING

SOUTH

Planning

buildings

land

the the

of

C<:vT‘(-4lC‘<-/

whether

the

the

on

Will

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(c) (d)

Increase

(b)

uses

provide

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the

OF

include

(a)

system. or other

length

storm

operated privy,

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water body,

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.The

date

20.The

21

date

plans

please

are

your

yes,

Vvhat

lf

Do

1 9.The

TOVVNSHIP

Page 193 of 226

a

**Nol:e:

boundaries proposed

The

ii)

of

The

The

iv)

v)

The distances property to importance

HAVE

all

a abutting

reference line lot

to and abutting on—site be IS REQUIRED varied, and should be prepared

natural subject river distance

all

to the ditches,

Show

?le

subject

subject crossing.

ba ofrn s,

the subje ct buildings. wetlands, the applicant’s

on

/\— r‘f/l V.I location

?elds and wells, septic be shown. The SKETCH is carefully, neatly accurately and owners‘

to as

OF

(Jf< THE

subject

the the railway

the

VARIA NCE

application

application

the

the

TOP

of

including

THE

the

been

betvveen bridge or

land

AT

of

number

under

IVIINOR

and artificial features land. Examples include or stream banks, barns, of these features from

lands.

FOR

amended

application

as

ever

number

ARROVV

following:

the

the

?le

. . . . ..i.e. distance landmark such as a

point

of

NORTH

the

\A*

(neighbours’) of

or

A

showing

U

give

the

an

land has Variance).

give

of

APPLICATION P.13 1990, c.

subject

subject (Minor

please

land is Consent.

the Act

please

yes,

or

FRONTENAC Act, R.S.O.

and dimensions buildings.

IVIUST

yes,

location approximate the land that is adjacent drainage watercourses, wells and tanks. septic lines.

location

The location of nearest township

is

submitted

27

iZNo

iii)

and

SKETCH

be

item

is

whether Planning

25

Z<lo indicate of the

THE

must

to

43

SOUTH Planning

the subject Subdivision

OF

question

i)

**

SKETCH

A

answer If the the application.

:|Yes

please If known, under Section

answer application. to

whether Plan of

:iYes

of

indicate

If the the of

Please approval

TOVVNSI-HF

Page 194 of 226

Page 195 of 226

Nature variance water water

Current when

and phone

to

appear the full

Completing

someone

be

must

to in ma

th

—for

and

as

FOR

amended Form

the here

in

e po p sta l ar

s

VARIA NCE

variance at owne All e r’s

with

live

NIINOR

if they complete

during appear

even

Variance

acres: All

parts

You be aware not may pre—consultation in for

area,

this

of the with

of

zoning planning

question

and

completed. property

be

you are asking 25 be m rather of a structure an accessory

on your staff.

must

Extent asking This is what of Relief: question asking to could be that example. you are I or that you are asking increase the height to or you are a that seeking variance to construct than the building. principal

zoning: you come

depth.

section, address,

Nlinor

your behalf should

ng

the

APPLICATION P.13 1990, c.

act on number

FRONTENAC Act, R.S.O.

this

Subject Land: are same as former Districts the the Townships. If yo (the your long beginning with 1029) tax b number on district is numbers are 030, Bedford; 040-050 your if the Loughborough; numbers are 060 or your district is, Stor if the 070. ingt are your numbers district is Portland. 080, on; your and Lot Number Concession . if you sure, check not tax are Street Number: Your civic address civic number has been if a not space blank. of Road/Street: or you are Name This whether not question applies a road. public Plan No: surveyed, it will Reference has been have property If your one or more on that has been surveyed, plan. property not parts If your blank. appears on Roll No: This is the number beginning with which “lO29’ time it up submitting to take look before the application.

the

appoint address

Distri The the roll number 020 or 010,

of

to

Guide

SOUTH Planning

owners should

A

OF

to than withi mark, n b mark, ui lot line front ld in Reason why you can’t comply: other why can you the not meet r In words. g e could for you are seeking a variance add on a example, because to to be, n that that is already too close to the developing tq or further from water, u h because embankment. of a impossible steep ir e e Roads: Municipally are looked after by the maintained roads Township; privatd eprovi that residents maintain private driveways, but that themselves (not lanes de are others). property and that generally shared with

Frontage,

f.

e.

d.

:3.

b.

a.

Description

name.

wish

names of all address(es) the

may You person’s authorization.

and

The

TCVVNSHIP

Page 196 of 226

Parking

Proposed question

Description you are information

Demolition: instances,

Water their

years,

is of

acquired:

it.

in a

If

lake.

the is

cases

For

or

the

not

take

e.g.

are

answer

example,

are

you

answer walls did

You deck on

must

FOR

you

on the

sections please

land

only

NIINCR

property

can

amended

recreational

is

as

all complete your dwelling,

vacant

relevant

structures

to

build

screened

part

proposing

permit

will

has

sure,

be

the

of

private

land

provide

possession

a

each

you

in

on

raise

the

your

the

well,

been

of

but

used

best

some

for

re si invo de lved . nc e,

depar tment .

increas a n involve e

An

building

waterfront

residential

estimate.

property?

this question. would porch

to

a

must

c o n st ru ct

as

be deck,

property,

systems.

add

the

to

of thi s descr ibe

now,

access

VARIA NCE

the building be accomplished the at beginning add on your to is demolition

to

septic

new development dwelling, and

ANYTHING garages,

from height cannot the Committee to permission to that there it clear

a

a

decks,

proposed ALL addition to

requires

an

planning additions,

words,

If you

Please with

other

on

ion

a

increase made clear not you are granted you have not made

ad is

columns.

is

or

business.

only

APPLICATION P.13 1990, c.

answer this be the same to question will currently and you are planning vacant, recreational section 10 would be “vacant in be “residential”

there

structures:

buildings

retail

is

FRONTENAC Act, R.S.O.

question

you are includes

When

uses:

most

If

In

buildings:

existing 18 months?

existing of

and

ANY

construction: construct

If this although because

Structure: under

that, do it

to

This

demo]

separate

All proposed

walls.

a

in

new

structures: “yes”

proposing

of

are

residential.

This

Uses: Generally, example, land the use be described to section 13 would in

supply: from water

or

of

20)Date

Length

land

If there “yes”.

e.g.

Docking:

SOUTH Planning

of buildings on your property. residence.

is

Uses:

and

OF

of Development: include anything

19)Date

18)Uses would space.

17)Raising a basement

of existing may ?nd actually

Proposed if, for but then the described

from

the

Description

structure

Buildings:

question

Existing

water.

TOVVNSHIP

Page 197 of 226

there

Agreement to Indernnify: this done before submitting as owners commissioners. All has been appointed.

property,

Has

been will by-law.

for

the

for

consent

constructed

system,

of

a

on

other

commissioner application or it can

granted any of

deal

there

m a y with

VARIAN CE

t h e

oath of front s o f signed

on

(severance)

in be

to

but

or subdivision information)

or sign the application,

front

variance be aware

severance this

in

provide

a minor probably

signed Must be the application, must sign

you

ever

help

application

been

sewage

NIINOR

the property ? special p the zoning are a new the seller \Nl If you owner. r o b on has been variance granted the a previous yes: property, If If there a application number and what the details of the variance were. if known, b l y Vile cannot enough the stress ofa SKETCH: accurate, importance detailed, to with to a You do necessarily need sketch. not professional contract sketches that are drawn do show dimensions and but not to scale, not (PLEASE USE RULER), not drawn neatly not be accepted. A will

Minor variance: time owner of the for a variance to you aware of this.

can

application

an

have

private

FOR

amended

a is current number. (Staff

currently

that

be

as

there ?le

the

If

there

ditches

will

P.13

If yes: indicate

Is

c

answer

c.

APPLICATION

1990,

consent:

speci

the

R.S.O.

for Application for property? the

there etc.?

cases

Act,

FRONTENAC

most

Are drainage,

in

SOUTH

Planning

Drainage: natural

Septic

OF

TOVVNSHIP

ANE

Lake

AD O

KE

E

LS L

A

MC

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. 102902004025160

Page 198 of 226

102902004025100

While the County 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: 1:1,000

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Date: 2023-04-28

Page 199 of 226

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From: To: Cc: Subject: Date:

Sandra Frost planning Sandra Frost Permission Application PLZNA20230046 (Sheridan) June 4, 2023 10:42:31 AM

Hello Michelle & Brad, Our names are Sandra Frost and Harold Rottine and we live at 138 Timmerman Road, the property that Permission Application PLZNA20230046 is requesting a variance to build 0.3 metres (1 foot) from our property line. We feel unfortunate to be put in this situation and are hoping that this is not going to cause tension with our neighbours, however we are strongly against a variance being approved to allow a very large structure being built 1 foot off of the interior side property line. Below is a list of some of reason for opposing this variance:

  1. When we first looked to purchase this property one of the things that we loved was the winding driveway through the trees, it was so lovely and welcoming, if a large structure is approved to be built that close to our driveway it will take away from the beauty of our property with its natural landscaping. We purchased this small relaxing acreage in the country to enjoy the surroundings and not have to have large buildings built within 1 foot of our driveway.
  2. Excavating the granite stone and building 1 foot from the property line will destroy trees that are located beside the proposed area, and which are mostly on our property.
  3. If the building is built that close to the property line, then all of the snow and rain runoff from the roof will be on our property.
  4. Neighbours would not even be able to walk behind their building without being on our property.
  5. If approved to build this structure we feel that it would take away from our property’s value and if in the future we ever decided to sell our house, this could affect the resale value. We hope that this variance is not approved, however if it is we would expect that a professional surveyor (non family member) would be hired to re-establish the correct, straight property line, not what a rope is currently showing as an approximate property line; especially when a building is proposed to be built so close to it. We thank you for your time and consideration. Kind regards, Sandra Frost & Harold Rottine

Page 202 of 226

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0046, Richard Sheridan, 144 Timmerman Road, Bedford District

Summary The subject application seeks zoning relief to permit an accessory building (detached garage and quilt/craft room) in the front yard and to be setback less than 3.0 metres from the interior side lot line. The application is requesting a 0.3 metre (1 foot) setback instead of the required 3.0 metre (9.84 feet) setback. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Waterfront Residential Zone (RW) Zoning Relief Requested Sections 5.24.2– to permit an accessory structure (detached garage and quilt/craft room) in the projected front yard, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Section 9.3.2 –To permit an accessory building (detached garage and quilt/craft room) with an interior side yard of 0.3 metres (1 foot), whereas the Zoning By-law requires a minimum interior side yard of 3 metres (9.8 feet) in the RLS zone. Related Applications The subject property is not subject to any other applications under the Planning Act. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 203 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Richard Sheridan, 144 Timmerman Road, Bedford District

Discussion/Analysis Property Description The subject property is located on Timmerman Road, which is off James Wilson Road, and is municipally known as 144 Timmerman Road. The subject property has water frontage on Sand Lake and contains a single detached dwelling and a sleeping cabin. Summary of Proposal The proposed garage and craft/quilt room is approximately 24 feet by 24 feet and 23 feet by 20 feet, respectively. This results in a total area of approximately 93 square metres (1000 square feet). The proposed carport is single storey with a height of 3 metres (10 feet). It would have a front yard setback of 13.4 metres (44 feet) from Timmerman Road and a 0.3 metre (1 foot) setback from the northern interior side lot line. The accessory structure will be 13.1 metres (43 feet) from the principal dwelling and 10 metres (33 feet) from the septic system. An application for minor variance was received to permit the accessory structure in the front yard and to have a setback of 0.3 metre (1 foot) instead of the required 3.0 metre (9.84 feet) setback. Department and Agency Comments Public Services Department – The proposed development is located well back from Timmerman Road, off a long driveway. Public Services was not circulated on the application. Building Department (Sewage System Review) – No development is proposed in proximity to the septic system for this minor variance application, therefore the Building Department was not circulated. Cataraqui Conservation – Given the location and scope of the proposed development, Cataraqui Conservation Staff were not circulated. Public Comments – No comments have been received from the public. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 204 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Richard Sheridan, 144 Timmerman Road, Bedford District

Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Official Plan on Schedule A. The proposed accessory building (detached garage and quilt/craft room) is a use associated with the permitted residential use of the property. The proposed variances maintain the general intent and purpose of the Official Plan related to residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed detached garage and quilt/craft room is a use associated with the permitted residential use of the property. The accessory structure would comply with all other applicable zoning provisions. The proposed location of the accessory structure is east of the principal dwelling, between the dwelling and the road. There is no opportunity to locate the detached garage and quilt/craft room to the south as that is where the septic system is located. Given that the dwelling is accessed via a long driveway from Timmerman Road, locating the detached garage and quilt/craft room in the front yard between the dwelling and the road is practical on the subject property as it facilitates access to the detached garage and quilt/craft room. Locating the accessory building the rear yard would cause it to be located closer Sand Lake and is therefore not practical. Furthermore, access to the rear of the dwelling is limited by the topography of the property (a hill on the south side). Locating the proposed accessory structure within the required setback for the interior side yard maintains the general intent of the Zoning By-law given it is located away from neighbours dwelling, setback away from the front lot line and is tucked in behind a large rock outcrop.

Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development of the subject property, as the accessory structure would be located more than 20 metres from the road and would not be visible from the road as there is an existing buffer of trees in the front yard. Locating the accessory structure in the front yard would minimize the already disturbed area on the subject property. The location of the accessory structure is practical relative to the location of the septic system as well as the location of the dwelling, the driveway, and the topography of the property. There is a rock outcrop located directly in front and in behind the proposed location www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 205 of 226

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Richard Sheridan, 144 Timmerman Road, Bedford District

of the accessory structure screening views from the neighbouring property. In addition, the principal dwelling on the subject property will also conceal the accessory structure from the neighbours to the north as development on the neighbouring property is located further south. Is the variance minor? Yes, the variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The variance is minor as it will not cause any negative impacts as a result of the location of the accessory structure relative to the adjacent property and the road.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0046 for the property at 144 Timmerman Road, subject to the following conditions.

  1. The minor variance is for an accessory structure (detached garage and quilt/craft room). The accessory structure is permitted to be located in the front yard and be setback 0.3 metres from the interior side lot line. The location and dimensions of the garage must be consistent with the applicant’s site sketch that will be attached to the Decision as Schedule “A”.
  2. A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
  3. Minor variance PL-ZNA-2023-0046 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Brad Wright, Director of Development Services www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 206 of 226

Page 207 of 226

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 214 of 226

102901003038410

While the County 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: 1:1,500 0

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Date: 2023-04-28

Page 215 of 226

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Page 216 of 226

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

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Plans are copyrighted and any unlawful for use without company’s express and written permission. These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

Open Deck

6’ Patio Door

6’ Patio Door

6’ Patio Door

6’ Patio Door

DESIGNER INFORMATION

6’ Patio Door

I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

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Ground Floor Plan Scale 1/4’=1’-0”

Proposed New Residence for Amber Bryant-Peller & Johnny Wilson 343 Parker Point Lane, Perth Rd Twp of South Frontenac

, Blocking between stringers Wood Stairs to suit final grade max rise 7.5"

stringer to be anchored to paving or conc w/ 1/2" dia anchor bolts w/ washers and nuts

Double header at stair location

dropped framing member into which each stringer is end nailed using 76mm nails. maximum 900mm between stringers

Floor Plans

Typical Stair Detail at Wood Deck

General Notes Guard Notes

Page 217 of 226

Exterior Guard Details

If the Owner / Contractor elect to install specific manufactures railings sytems instead of wood railings as per SB-7 they are to provide applicable manufactures installation manual and engineering data and or BMEC approval with their application..

A-1 As noted

May 26, 2023

File: MV/FRS/96/2023

Sent by E-mail Mr. Brad Wright, Director of Development Services Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Wright: Re:

Application for Minor Variance PL-ZNA-2023-0047 (Wilson) Pt Lot 13, Concession 9; 343 Parker Point Lane Bedford District, Township of South Frontenac Waterbody: Devil Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the reconstruction and expansion of an existing dwelling on the subject property. The variance is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 27 metres to permit the construction of the new dwelling.

Site Description The subject property has frontage on Parker Point Lane and Devil Lake. The shoreline bordering the subject lands consists of a relatively gentle slope that gradually rises to a height of about 4 metres where the existing dwelling is located. The property is densely covered in mature tree and vegetation growth. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential - Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township. Devil Lake itself is identified as a moderately sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Page 1 of 3

Page 218 of 226

Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Devil Lake. Natural Hazards Flooding: The highest recorded water level for Devil Lake is 131.96 metres geodetic. For Devil Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of the potential erosion hazards to be 6 metres from the stable top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or that bank stabilization and shoreline protection works can occur, and that emergency personnel have the ability to access shoreline areas. While the entire lot consists of gradually sloping lands, staff define the top of bank as the area where the immediate shoreline embankment levels out. Based on this and the site plan submitted with the application, the proposed development will be located outside the extent of the erosion hazards. Staff therefore have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0047 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit will not be required for the proposed dwelling under O. Reg. 148/06.

Page 219 of 226

Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Devil Lake (the elevation 131.96 m geodetic) or within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will not be required from our office for the proposed development, but the landowner(s) are advised to contact CRCA about permitting requirements under O. Reg. 148/06 when planning future development within our regulated areas. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner cc:

John Wilson, Owner, via e-mail

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Minor Variance Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0047, John Wilson, 343 Parker Point Lane, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Zone (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Devil Lake. Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Property Description The 1.6 hectare (4 acre) property has frontage on Parker Point Lane. The property has 240 metres of frontage on Devil Lake and 200 metres of frontage on Parker Point Lane. The property is forested. The property is developed with a single detached dwelling. Devil Lake is identified as a moderately sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0047, John Wilson, 343 Parker Point Lane, Bedford District

Summary of Proposal The subject application seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Devil Lake. The existing 72.8 square metre dwelling is set back 27 metres from the highwater mark. This building will be replaced and expanded with a one-storey dwelling that has a 241.6 square metre ground floor area. The new dwelling will be set back 27 metres from the highwater mark. The new dwelling will also be increased to 4.5 metres compared to the 4.2 metre height of the existing dwelling. Department and Agency Comments Cataraqui Conservation indicated in a letter dated May 23, 2023, that they have no objection to the approval of this application based on their consideration for natural hazard policies and O. Reg. 148/06. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term.

Public Comments No comments have been received by the public. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 27 metres from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0047, John Wilson, 343 Parker Point Lane, Bedford District

The proposed dwelling will be constructed in the same location as the existing dwelling and utilize the existing septic system on the property. Regarding lot coverage, the proposed dwelling footprint is larger than the existing dwelling and lot coverage will be increasing from 0.5% to 1.5% as a result of the development. While the footprint is increasing, there is significant overlap in the footprint of the proposed building compared to the existing structure which will minimize the amount of site disturbance and vegetation removal that would be required. The dwelling encroaches closer to the rear lot line/Parker Point Lane. The setback from the property line/Parker Point Lane would be 18 metres (120 feet) for the proposed structure instead of the current 37 metres (240 feet) setback. This 18 metre setback would meet the zoning provisions for rear yard setbacks. The proposed dwelling will be setback an adequate distance from the lane to ensure it is not a hazard for the users of the right of way and that there is adequate room to allow for parking and for traffic to pull off the road if necessary. There will be adequate room to park additional vehicles on the property without encroaching on the right of way. The existing dwelling is 1 storey in height, the proposed building is one storey and the building height will increase to 4.5 metres which is within the maximum permitted height of the RLSW zone. Maintaining existing vegetation along with the recommended additional plantings will assist in screening the development from adjacent properties and help mitigate any visual impacts when viewed from the water. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0047, John Wilson, 343 Parker Point Lane, Bedford District

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0047 for 343 Parker Point Lane, subject to the following conditions.

  1. Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 241.6 square metre ground floor area, and a maximum 4.5 metre building height, consistent with the submitted site sketch that will be attached to the Decision as Schedule “A”.
  2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Devil Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. Preparation of a shoreline remediation plan. The purpose of the plan is to create and enhance the natural vegetative buffer within at least 15 metres of the highwater mark of Devil Lake. The plan shall be reviewed by the Township prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the dwelling approved through application PL-ZNA-2023-0047.
  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 the approval from the Township of South Frontenac. Report Prepared By: Brad Wright, Director of Development Services

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: June 8, 2023 Subject: Decisions on Delegated Consents

Summary This report is an information report to the Committee of Adjustment summarizing the Consents that have been approved by Delegated Authority since the last Committee of Adjustment Meeting.

Background The authority to grant undisputed consents is delegated to the Director of Development Services under By-law 2020-27. This report lists the applications which met the criteria for being considered as an undisputed consent and have received provisional consent approval. Committee of Adjustment is notified for information. Discussion/Analysis a) PL-BDJ-2023-0028 (Smith) (The Boulevard Group) This undisputed consent was granted provisions consent on May 10, 2023. The purpose of this consent application was to create one new residential lot. b) PL-BDJ-2022-0131 (Martin & Bisaillon) This undisputed consent was granted provisions consent on May 23, 2023. The purpose of this consent application was to create one new residential lot. c) PL-BDJ-2022-0132 (Martin & Bisaillon) This undisputed consent was granted provisions consent on May 23, 2023. The purpose of this consent application was to create one new residential lot.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Decisions on Delegated Consents

d) PL-BDJ-2022-0170 (Sands) This undisputed consent was granted provisional consent on May 23, 2023. The purpose of this consent application was to create one new residential lot. Attachments None. Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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