Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: June 8, 2023 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee Of Adjustment June, 8, 2023
Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Doug Morey (via Zoom), Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Norm Roberts Staff: Brad Wright, Director of Development Services; Christine Woods, Senior Planner; Noah Perron, Planner; Michelle Hannah, Secretary-Treasurer; Michael Kelly, Planning Intern; Kate Kaestner, Planning Clerk 1
Call to Order
2
Adoption of Agenda
a)
Resolution Resolution No. 2022:01:2 Moved by Kevin Fox Seconded by Brett Moreland That the Committee of Adjustment adopts the agenda for the June 08th, 2023 Committee of Adjustment meeting. Carried
3
Committee of Adjustment Appointments
a)
Appointment of a Secretary-Treasurer Resolution.
Resolution No. 2022:01:3 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment appoints Kate Kaestner, Planning Clerk to the position of Secretary-Treasurer for the Committee of Adjustment. Carried b)
Appointment of a Deputy Secretary-Treasurer Resolution. Resolution No. 2022:01:4 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment appoints Noah Perron, Planner as a Deputy Secretary-Treasurer for the Committee of Adjustment.
Minutes of Committee Of Adjustment June, 8, 2023 Carried 4
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/virtual-committee-ofadjustment-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 prepared a PowerPoint Presentation that was displayed on the screen of the meeting.
5
Declaration of pecuniary interest
a)
Conflict of Interest declared by Committee Member and Chair, Randy Ruttan, relating to Agenda Item number 8 a).
6
Approval of Minutes – May 11, 2023
a)
Resolution. Resolution No. 2022:01:5 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment approves the minutes of the May 11, 2023 Committee of Adjustment meeting. Carried
7
Consent Applications from a Previous Meetings: (if applicable)
a)
There were none.
8
New Consent Applications:
a)
PL-BDJ-2022-0155 (Snider)
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. Christine Woods, Senior Planner delivered her report to the Committee. Lynn Snider, Applicant, spoke oh his desire to create a new, smaller lot and home to retire in, while remaining in the Sydenham village. Mr. Snider spoke to not knowing that the proposed new property lines went through the existing house on the property, and the need to re-measure, and
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Minutes of Committee Of Adjustment June, 8, 2023 also spoke to being willing to move the existing septic system on the property. Richard Lobb, neighboring property owner, expressed his concern with safe access on the property, and questioned the possibility of water supply. Ms. Woods indicated that Public Services had commented on the possibility of a safe entrance to the property, and advised that a well pump test would be a condition of the severance if it were to be approved. Committee Member Howe spoke to having concerns given that the proposed property lines extend through the existing dwelling. Committee Member Pegrum surmised that the slope of the property may not have been taken into consideration which may have lead to the confusion regarding the property lines and agreed that the problem needed to be addressed. Committee Member Morey inquired as to whether both parcels would be required to be 0.8 hectares in size in order to comply with policies. Ms. Woods confirmed that they would. Committee Member Morey suggested that the application be deferred in order to address the concerns with the property lines. Committee Member Revill echoed the need for the applicant to provide more detail as to where the septic would be relocated and the location of proposed property lines.
Resolution No. 2022:01:6 Moved by Doug Morey Seconded by Mike Howe That the Committee of Adjustment defers Consent Application # PL-BDJ-20220155 to allow the applicant time to more accurately establish the proposed property lines, and provide more detailed information with respect to septic location. Carried 9 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)
There are none.
10
New Minor Variance / Permission Applications:
a)
PL-ZNA-2023-0037 (Johnston) 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. Brad Wright, Director of Development Services, delivered his report to the Committee.
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Minutes of Committee Of Adjustment June, 8, 2023 Committee Member Revill inquired whether there had been any changes made to the access point on the property. Mr. Wright stated that he believed the applicant had made some modifications to the laneway in order to ensure that the proposed garage was set far enough away from the existing septic system. Resolution No. 2022:01:7 Moved by: Steve Pegrum Seconded by: Alan Revill That the Committee of Adjustment defers application PL-ZNA-2023-0037to allow for time to provide proper public notice in accordance with The Planning Act, and to provide the applicant with time to submit a separate application for the already constructed deck. Carried b)
PL-ZNA-2023-0044 (Mills) (Peabody & Biggerman) 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. Noah Perron, Planner, delivered his report to the Committee. Mr. Mills, applicant, thanked the Committee for their time and consideration. Resolution No. 2022:01:8 Moved by Alan Revill Seconded by Steve Pegrum That the Committee of Adjustment approves Minor Variance Application PL-ZNA2023-0044 for property municipally known as 1031 Smeltzer Lane is granted permission to replace a legal non-confirming dwelling with a 169.3 square metre one-storey dwelling with walkout basement and deck at a reduced setback from the highwater mark of Desert Lake, subject to conditions. Carried
c)
PL-ZNA-2023-0045 (McGregor & Brackenridge) (Greer) 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 onestorey 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
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Minutes of Committee Of Adjustment June, 8, 2023 would be setback 26.80m. Noah Perron, Planner, delivered his report to the Committee. Resolution No. 2022:01:9 Moved by Alan Revill Seconded by Steve Pegrum That the Committee of Adjustment approves Minor Variance Application PL-ZNA2023-0045 for lands municipally known as 307 Pineshores Lane to permit a 121 square metre deck with a reduced setback of 26.8m from the highwater mark of Bob’s Lake and a reduced setback of 0 metres from the top of bank, subject to conditions. Carried d)
PL-ZNA-2023-0046 (Sheridan) 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. Brad Wright, Director of Development Services, delivered his report to the Committee. Richard Sheridan, applicant, stated that he was not informed of the comments from the adjacent landowner. Mr. Sheridan asked for clarification on what would occur if the application was deferred. Sandra Frost, adjacent property owner, thanked the Committee for taking her concerns into consideration. Committee Member Morey stated his support for the application being deferred. Committee Member Revill suggested that Mr. Sheridan move the structure to the opposite side of the driveway. Mr. Sheridan stated that the structure would then be too close to the septic system. Resolution No. 2022:01:10 Moved by Alan Revill Seconded by Steve Pegrum That the Committee of Adjustment defers Minor Variance application # PL-ZNA2023-0046 for property municipally known as 144 Timmerman Road to allow the applicant time to work with the adjacent landowner to further refine plans to reduce the impact on the neighboring property. Carried
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Minutes of Committee Of Adjustment June, 8, 2023 e)
PL-ZNA-2023-0047 (Wilson) 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.
Brad Wright, Director of Development Services, delivered his report to the Committee. Resolution No. 2022:01:11 Moved by Steve Pegrum Seconded by Alan Revill That application number PL-ZNA-2023-0047 for property municipally known as 343 Parker Point Lane is granted permission to enlarge the legal non-conforming dwelling to be 241.6 square metres in floor area and have a reduced setback of 27 metres from the highwater mark of Devil Lake, subject to conditions. Carried 11
Other Business
a)
Consent Granting Authority Report Kate Kaestner, Planning Clerk, delivered her report to the Committee.
12
Adjournment
a)
Resolution. Resolution No. 2022:01:12 Moved by Mike Howe Seconded by Kevin Fox That the June 08th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is adjourned at 8:15 p.m. to reconvene on Thursday, July 13, 2023 at 7:00 p.m. or call of the Chair. Carried
Randy Ruttan, Chair
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