Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: March 8, 2018 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:
7:00 PM, Thursday, March 8, 2018 Council Chambers.
Call to Order
Adoption of Agenda
Declaration of pecuniary interest
Approval of Minutes – [February 8, 2018]
a)
Resolution
New Consent Applications:
a)
S-58-17-S - George Desrochers - Concession 10, Part Lot 14, Battersea Road/Ramparts Road, District of Storrington - Consent to create a lot addition
19 - 20
b)
S-61-17-S - Brenda Gilbert - Concession 10, Part Lots 31/32, Beach Lane/Burnt Hills Road, District of Storrington - Consent to create a lot addition
21 - 23
c)
S-08-18-P - Mike Giffin - Concession 6, Part Lot 4, Jamieson Road, District of Portland - Consent to create a new residential lot S-09-18-P - Mike Giffin - Concession 6, Part Lot 4, Jamieson Road, District of Portland - Consent to create a new residential lot S-10-18-P - Mike Giffin - Concession 6, Part Lot 4, Jamieson Road, District of Portland - Consent to create a new residential lot
24 - 27
d)
S-11-18-S - George Gibson, Ken Gibson - Concession 3, Part Lot 10, Perth Road, District of Storrington - Consent to create a lot addition
28 - 30
e)
S-13-18-L - Randy Ruttan - Concession 11, Part Lot 22, Buck Lake, District of Loughborough - Consent to create a parking and docking easement, and right-of-way access for a water access only property
31 - 33
f)
S-62-17-L - Kellie Morgan - Concession 5, Block R/Part Block B, 4562 Bedford Road, District of Loughborough - Consent to create a new residential lot
34 - 40
New Minor Variance Applications:
a)
MV-03-18-L - Jean-Claude and Jackie Lalumiere - Concession 6, Part Lot 21, 4708 North Shore Road, District of Loughborough Variance to permit a reduction in setback from top-of-bank
Other Business
Adjournment
3 - 18
41 - 53
Page 1 of 53
a)
Resolution
Page 2 of 53
TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT
MINUTES 18:01 February 8, 2018 LOCATION:
South Frontenac Municipal Offices, Sydenham
IN ATTENDANCE:
Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) David Hahn (Bedford District) John Sherbino (Loughborough District) Brad Barbeau (Portland District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C)
STAFF:
Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer
Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Motions to Elect a Chairperson ………………………………………………………………. 1 Item #3: Motions to Elect a Vice-Chairperson ……………………………………………………….. 2 Item #4: Adoption of the Agenda …………………………………………………………………………. 2 Item #5: Declaration of Pecuniary Interest ……………………………………………………………. 2 Item #6: Approval of Minutes………………………………………………………………………………. 2 Item #7: S-57-17-P (Neil Morey) …………………………………………………………………………. 2 Item #8: MV-31-17-L (Jason Martin) ……………………………………………………………………. 3 Item #9: MV-47-17-L (Randy Ruttan) …………………………………………………………………… 4 Item #10: S-63-17-L (George Hamilton, Carol Milligan) ………………………………………….. 5 Item #11: S-01-18-L (Joe Rodrigues) …………………………………………………………………… 6 Item #12: S-02-18-S (Sheila Arthur) …………………………………………………………………….. 8 Item #13: S-04-18-B (Paul Snelgrove) …………………………………………………………………. 9 Item #14: S-05-18-B (Paul Snelgrove) ……………………………………………………………….. 10 Item #15: S-06-18-B (Paul Snelgrove) ……………………………………………………………….. 11 Item #16: S-07-18-B (Paul Snelgrove) ……………………………………………………………….. 12 Item #17: MV-50-17-S (Wayne Pugh) ………………………………………………………………… 13 Item #18: MV-01-18-L (2087033 Ontario Limited – Snug Harbour Resort) ………………. 14 Item #19: MV-02-18-S (Orrie and Andrea Cumpson) ……………………………………………. 14 Item #1: Call to Order RESOLUTION:
C of A: 18:01:01
Moved by: L. Redden
Seconded by: B. Barbeau
THAT the February 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. by Lindsay Mills. Carried Item #2: Motions to Elect a Chairperson RESOLUTION: Moved by: K. Gee
C of A: 18:01:02 Seconded by: R. Sleeth
THAT the South Frontenac Township Committee of Adjustment hereby nominates Alan Revill for the position of Chairperson. Carried
Page 3 of 53
2 Item #3: Motions to Elect a Vice-Chairperson RESOLUTION:
C of A: 18:01:03
Moved by: L. Redden
Seconded by: J. Sherbino
THAT the South Frontenac Township Committee of Adjustment hereby nominates Ross Sutherland for the position of Vice-Chairperson. Carried Item #4: Adoption of the Agenda Approved as circulated Item #5: Declaration of Pecuniary Interest None declared Item #6: Approval of Minutes RESOLUTION:
C of A: 18:01:04
Moved By: B. Barbeau
Seconded By: L. Redden
THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the December 14, 2017 meeting of the Committee, as circulated. Carried Item #7: S-57-17-P (Neil Morey) Speaking to the Application: None Speaking Discussion: This application was originally brought to the committee in December 2017, but was deferred pending receipt of comments from KFL&A public health on septic suitability for the proposed lot. These comments have been received and are favourable. The subject land consists of 178 +/- acres (72.0 hectares) with frontage on Hinchinbrooke Road North. The lot is currently developed with a single detached dwelling and accessory building. The proposal is for the creation of a minimum 2 acre residential lot with a minimum of 76 metres of frontage on Hinchinbrooke Road North. The retained parcel will be approximately 176+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Comments were not required from Quinte Conservation Authority. KFL&A Public Health has no objections to the application. Public Works has no objections. The building department has no objections. RESOLUTION:
C of A: 18:01:05
Moved by: L. Redden
Seconded by: B. Barbeau
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-57-17-P by Neil Morey, to create a new lot, in Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:
S-57-17-P Neil Morey Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: December 14, 2017 Date of Decision: February 8, 2018 Page 4 of 53
3 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-57-17-P shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Hinchinbrooke Road North.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
- The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-57-17-P. Item #8: MV-31-17-L (Jason Martin) Speaking to the Application: None Speaking Discussion: This item was originally brought to the Committee in July 2017 but was deferred following a recommendation of Cataraqui Region Conservation Authority to complete a slope stability study to ensure the relocation would not adversely affect the hill. This report has been completed, and a few small design changes have been made to the dwelling to accommodate retaining walls and ensure proper drainage. The minimum setback and maximum proposed square footage will remain unchanged. The subject land consists of 1.26 +/- acres with frontage on Wild Flower Lane, North Shore Road and Loughborough Lake. The property is currently developed with a dwelling and detached accessory building. The proposal is for the demolition of the existing dwelling and the construction of a new dwelling farther from the lake. The proposed dwelling is to be 32 feet by 50 feet with a walkout Page 5 of 53
4 basement and is to be located a minimum of 26.6m from the high-water mark of Loughborough Lake and a minimum of 2.5m from the edge of Wild Flower Lane. The proposal significantly increases the setback from the water as the current dwelling is located approximately 10m from the high-water mark. The topography of the lot limits the ability of the applicant to increase the setback any more than proposed. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION:
C of A: 18:01:06
Moved by: R. Sutherland
Seconded by: J. Sherbino
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-31-17-L by Jason Martin, to permit reconstruction of a dwelling within the 30 metre setback from water, in Concession 6, Part Lot 21, 1028 Wildflower Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
MV-31-17-L Jason Martin Concession 6, Lot/Part Lot 21, Wild Flower Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water and a reduction in the setback from a private lane Date of Hearing: July 13, 2017 Date of Decision: February 8, 2018 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for construction of a maximum 1800 square foot footprint, single story dwelling with walkout basement to be located a minimum of 26.6 metres from the high water mark of Loughborough Lake and a minimum of 2.5 metres from Wild Flower Lane.
- Minor variance MV-31-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #9: MV-47-17-L (Randy Ruttan) Speaking to the Application: None speaking Discussion: This item was originally brought to the committee in December 2017, but was deferred due to questions surrounding the possibility of including plumbing in the dwelling and needing a site evaluation for a grey water system. The applicant has confirmed that there will be no plumbing in the proposed dwelling and therefore there is no need for further evaluations. A condition to this effect will be added to the approval. The subject land consists of 8.33 +/- acres with frontage on Buck Lake and an unevaluated wetland area. The property is currently vacant. The proposal is for the construction of a 485 square foot footprint, seasonal dwelling to be located a minimum of 80 feet from the high water mark of Buck Page 6 of 53
5 Lake. This dwelling would have a 250 square foot loft in order to meet the Township’s minimum 635 square foot gross floor area requirement for a principal dwelling. Of the 8.33 acres the property encompasses, approximately 5 acres is wetland area, with the remaining 3.3 acres of land broken into multiple small islands. The proposed dwelling would be located on the largest of these parcels in a natural plateau with a ridge of land between the proposed location and Buck Lake; this rise will aid in directing runoff away from Buck Lake and into the wetland area. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments were not required from KFL&A Public Health as the applicant has indicated there is to be no plumbing in the dwelling. Cataraqui Region Conservation Authority has no objections to the application as submitted. They have indicated that while Buck Lake is identified as a highly sensitive Lake Trout Lake there is no need for an additional Environmental Impact Assessment. They stated that the topography of the property will direct runoff away from the lake and into the inland wetland area. Comments from Public Works were not required. The building department has no objections. RESOLUTION:
C of A: 18:01:07
Moved by: J. Sherbino
Seconded by: R. Sutherland
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-47-17-L by Randy Ruttan, to permit construction of a dwelling within the 30 metre setback from water, in Concession 11, Part Lot 22, Buck Lake, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
MV-47-17-L Randy Ruttan Concession 11, Lot/Part Lot 22, Buck Lake, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of a dwelling within 30m of the water, and section 10.3.1 to permit a reduction in rear yard Date of Hearing: December 14, 2017 Date of Decision: February 8, 2018 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a 485 square foot footprint dwelling with a loft to be located a minimum of 80 feet from the high water mark of Buck Lake and 30 feet from the rear property line. This dwelling is not permitted to have any plumbing.
- Minor variance MV-47-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #10: S-63-17-L (George Hamilton, Carol Milligan) Speaking to the Application: None Speaking Discussion: Page 7 of 53
6 The subject lands consist of 12 +/- acres with frontage on Buck Lake and Twisty Lane. The land is currently vacant and has Provisional Consent through application number S-34-17-L to be severed from 1051B Twisty Lane. The application is for the creation of an approximately 355 metre extension to the existing Twisty Lane. This lane extension will be surveyed and constructed according to the Township’s Standard for new private lanes. The severance (S-34-17-L) will be required to be completed prior to the creation of this right-of-way extension. The purpose of the extension of the right-of-way (Twisty Lane) is to facilitate continued access to the northern part of 1051B Twisty Lane. The planning department is able to support the application for the proposed right-of-way extension. Public Works has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A public health and the building department. Gary Beach sent an email expressing concerns over Species At Risk, specifically black rat snakes, on the property and whether or not the extension to Twisty Lane would potentially impact the habitat required for breeding. R. Sutherland questioned whether or not the Environmental Impact Assessment completed for the creation of the new lot dealt with black rat snakes. He also wanted to know if there would be any impact on the proposed septic location from the right-of-way extension. RESOLUTION:
C of A: 18:01:08
Moved by: R. Sutherland
Seconded by: J. Sherbino
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-63-17-L by George Hamilton and Carol Milligan, to create an extension to an existing right-of-way, in Concession 13, Part Lot 24/25, Twisty Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-63-17-L George Hamilton and Carol Milligan Concession 13, Pt. Lot 24/25, Twisty Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create an extension to a right-of-way Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-63-17-L shall be for the creation of an approximately 355 metre extension to the existing Twisty Lane right-of-way.
- The right-of-way extension shall be surveyed and constructed according to the Townships standards for new private lanes.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Item #11: S-01-18-L (Joe Rodrigues) Speaking to the Application: None Speaking Discussion: Page 8 of 53
7 This item was originally brought to the committee in December 2016 and was granted Provisional Consent. The applicant was unable to meet all required conditions within the one year time period and as such is resubmitting the same proposal. The subject lands consist of 11.6 +/- acres with frontage on Wilmer Road. The land is currently developed with a single detached dwelling. The application is for the creation of a minimum 2.0 acre residential lot with a minimum of 76m frontage along Wilmer Road. The retained parcel will be approximately 8.1+/- acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed new lot. Public Works has no objections but indicated that the entrance for the proposed lot must be constructed at the crest of the hill due to limited sightlines. Comments were not required from Cataraqui Region Conservation Authority. KFL&A public health and the building department have no objections. RESOLUTION:
C of A: 18:01:09
Moved by: J. Sherbino
Seconded by: R. Sutherland
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-01-18-L by Joe Rodrigues, to create a new residential lot, in Concession 8, Part Lot 17, Wilmer Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
S-01-18-L Joe Rodrigues Concession 8, Pt. Lot 17, Wilmer Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-01-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-01-18-L in lieu of parkland [Planning Act, s. 51(1)].
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; Page 9 of 53
8 c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-01-18-L. Item #12: S-02-18-S (Sheila Arthur) Speaking to the Application: None Speaking Discussion: The subject lands consist of 42 +/- acres with frontage on Arthur Road. The land is currently developed with a single detached dwelling and multiple detached accessory buildings. The application is for the creation of an 18 +/- acre lot with 108 m of frontage along Arthur Road. The proposed lot will encompass all the existing structures. The retained parcel will be approximately 23.5 +/- acres in size. The planning department is able to support the application for the proposed new lot. Comments were not required from Cataraqui Region Conservation Authority or KFL&A public health. Public Works and the building department have no objections. RESOLUTION:
C of A: 18:01:10
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-02-18-S by Sheila and Robert Arthur to create a new lot, in Concession 3, Part Lot 19, Arthur Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
S-02-18-S Sheila and Robert Arthur Concession 3, Pt. Lot 19, 3866 Arthur Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-02-18-S shall be for the creation of an 18 +/acre lot, with 108 +/- metres of frontage on Arthur Road which shall encompass all existing structures.
Page 10 of 53
9 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-02-18-S in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item #13: S-04-18-B (Paul Snelgrove) Speaking to the Application: Paul Snelgrove Discussion: The subject lands consist of 19.2 +/- acres with frontage on Frye Lane and Milk Lake. The land is currently vacant. The application is for the creation of a 6.5 +/- acre lot addition with approximately 630 metres of frontage along Frye Lane. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 13 +/- acres in size. The planning department is able to support the application for the proposed lot addition. CRCA have no objections. Comments were not required from KFL&A public health or Public Works. The building department has no objections. RESOLUTION:
C of A: 18:01:11
Moved by: D. Hahn
Seconded by: L. Redden
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-04-18-B by Paul Snelgrove create a lot addition, in Concession 11, Part Lot 1, Milk Lake, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
S-04-18-B Paul Snelgrove Concession 11, Pt. Lot 1, Milk Lake, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018 Page 11 of 53
10 Date of Decision:
February 8, 2018
DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-04-18-S shall be for the creation of an 18 +/acre lot addition only to 8 Enchanted Lane, with 108 +/- metres of frontage on Frye Lane.
- This lot addition parcel shall encompass the existing right-of-way, Frye Lane, and the surveyor who prepares the reference plan referred to in condition #1 shall also ensure that the right-ofway is surveyed to Township standards of 20 metres.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #14: S-05-18-B (Paul Snelgrove) Speaking to the Application: Paul Snelgrove Discussion: The subject lands consist of 81 +/- acres with frontage on Enchanted Lane and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 6.5 +/acre lot addition with approximately 630 metres of frontage along Frye Lane. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 13 +/acres in size. The planning department is able to support the application for the proposed lot addition. CRCA have no objections. Comments were not required from KFL&A public health. Public Works and the building department have no objections. RESOLUTION:
C of A: 18:01:12
Moved by: L. Redden
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-05-18-B by Paul Snelgrove create a lot addition, in Concession 11, Part Lot 1/2, Enchanted Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
S-05-18-B Paul Snelgrove Concession 11, Pt. Lot 1/2, Enchanted Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
Page 12 of 53
11
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-05-18-S shall be for the creation of an 18 +/acre lot addition, with 108 +/- metres of frontage on Frye Lane.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #15: S-06-18-B (Paul Snelgrove) Speaking to the Application: Paul Snelgrove Discussion: The subject lands consist of 12 +/- acres with frontage on Frye Road and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 1.5 +/acre lot addition with 76 metres of frontage on Frye Road. The proposed lot addition parcel will be added to 8 Enchanted Lane. The retained parcel will be approximately 10.5 +/- acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed lot addition. CRCA have no objections. Comments were not required from KFL&A public health or Public Works. The building department has no objections. RESOLUTION:
C of A: 18:01:13
Moved by: D. Hahn
Seconded by: L. Redden
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-06-18-B by Paul Snelgrove create a lot addition, in Concession 11, Part Lot 1, Frye Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
S-06-18-B Paul Snelgrove Concession 11, Pt. Lot 1, 204 Frye Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-06-18-S shall be for the creation of a 1.5 +/acre lot addition only, to 8 Enchanted Lane, with 76 metres of frontage on Frye Road.
Page 13 of 53
12 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #16: S-07-18-B (Paul Snelgrove) Speaking to the Application: Paul Snelgrove Discussion: The subject lands consist of 75 +/- acres with frontage on Enchanted Lane, Frye Road and Milk Lake. The land is currently developed with a single detached dwelling. The application is for the creation of a 72 +/- acre lot addition to 477 Lele Lane. The retained parcel will be approximately 2.0 acres in size and retain the existing dwelling. The planning department is able to support the application for the proposed lot addition. CRCA have no objections. Comments were not required from KFL&A public health or Public Works. The building department has no objections. RESOLUTION:
C of A: 18:01:14
Moved by: L. Redden
Seconded by: D. Hahn
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-07-18-B by Paul Snelgrove create a lot addition, in Concession 11, Part Lot 1/2, Enchanted Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:
S-07-18-B Paul Snelgrove Concession 11, Pt. Lot 1, 8 Enchanted Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 DECISION:
PROVISIONAL CONSENT BE GRANTED, subject to conditions
CONDITIONS:
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-07-18-S shall be for the creation of a 72 +/acre lot addition only, to 477 Lele Lane (ARN 102901003005350).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 14 of 53
13 Item #17: MV-50-17-S (Wayne Pugh) Speaking to the Application: None Speaking Discussion: The subject land consists of 1.0 +/- acres with frontage on Loughborough Lake. The property is currently developed with a 528 square foot footprint single detached dwelling located approximately 27 feet from the high water mark of Loughborough Lake. The proposal is for the demolition of the existing dwelling and the construction of a 2128 square foot footprint, two story dwelling located a minimum of 65 feet from the high water mark of Loughborough Lake. This proposed square footage includes an attached garage. The applicant has also requested a reduction in side yard from 3 metres to 2.4 metres (eight feet). The location of the surveyed right-of-way, the hydro easement and the existing septic system on the property limit the opportunity for any further increase in setback from the water for the proposed dwelling. The Planning Department is able to support the application. KFL&A Public Health has no objections to the application, provided the new dwelling does not exceed the parameters stipulated in the Review of Performance of an Existing Septic System (application ST3-18). This review states that the maximum gross floor area of the new dwelling is not to exceed 176 square metres. Cataraqui Region Conservation Authority has no objections as the proposed location increases the setback from the high water mark of Loughborough Lake. Comments were not required from Public Works. The building department has no objections. RESOLUTION:
C of A: 18:01:15
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-50-17-S by Wayne Pugh, to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water, in Concession 11, Part Lot 10, 5390 Ramparts Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
MV-50-17-S Wayne Pugh Concession 11, Lot/Part Lot 10, 5390 Ramparts Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water and section 10.3.1 to permit a reduction in side yard Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the construction of a maximum 2128 square foot, two story single detached dwelling to be located a minimum of 65 feet from the high water mark of Loughborough Lake at 5390 Ramparts Lane. The dwelling is permitted to have a reduced side yard of eight feet.
- Prior to the issuance of a building permit for the new dwelling, the existing dwelling must be demolished.
- Minor variance MV-50-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Page 15 of 53
14 Item #18: MV-01-18-L (2087033 Ontario Limited – Snug Harbour Resort) Speaking to the Application: Robert Canvin Discussion: The subject land consists of 31.0 +/- acres with frontage on Desert Lake. The property is currently developed with 12 rental cabins and a lodge. The proposal is for the reconstruction and enlargement of one of the existing rental cabins which is located 65 feet from the high water mark of Desert Lake. The existing cabin has a 466 square foot footprint and the applicant has proposed 600 square foot footprint for the enlarged cabin, plus the addition of a 12 foot by 20 foot (240 square feet) deck for a total footprint of 840 square feet. The property is zoned Recreational Resort Commercial – Special Zone 21 (RRC-21); this zone permits the reconstruction of the five rental cabins which are locate within the 30 metre setback provided there is no enlargement of the footprint or reduction of the water setback. The Planning Department is unable to support the application as submitted. Further discussions between the applicant and the Planning Department resulted in an amended proposal which did not include the addition of the proposed deck. The applicant agreed to remove this from the proposal and only apply for the increase in square footage to the cottage. Cataraqui Region Conservation Authority has no objections as the proposed location increases the setback from the high water mark of Loughborough Lake. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections. RESOLUTION:
C of A: 18:01:16
Moved by: J. Sherbino Sutherland
Seconded by: R.
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-01-18-L by 2087033 Ontario Limited, to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water, in Concession 14, Part Lot 6/7, 1029 Snug Harbour Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:
MV-01-18-L 2087033 Ontario Limited, Snug Harbour Resort Concession 14, Lot/Part Lot 6/7, 1029 Snug Harbour Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit reconstruction and enlargement of a dwelling within the 30 metre setback from water Date of Decision: February 8, 2018 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the reconstruction and enlargement of an existing dwelling located 65 feet from the high-water mark of Desert Lake. The dwelling is permitted to have a maximum foot print of 600 square feet.
- Prior to the issuance of a building permit for the new dwelling, the existing dwelling must be demolished.
- Minor variance MV-01-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #19: MV-02-18-S (Orrie and Andrea Cumpson) Speaking to the Application: Orrie Cumpson Discussion: Page 16 of 53
15 The subject land consists of 79 +/- acres with frontage on Latimer Road. The property is currently developed with a single detached dwelling and multiple agricultural use buildings. The proposal is for the complete demolition of one barn plus the demolition of a section of another barn (totaling 6,500 square feet), then the construction of a 9,500 square foot addition to the existing barn that was partially demolished. The net increase in square footage is 3,000 square feet. The applicant has submitted a Minimum Distance Separation (MDS) calculation prepared by Bryan Cook of Cropland Consulting Inc. which indicates the required separation between the expansion and the nearest residential use is 81 metres (266 feet). The proposed location for the expansion is only 40 metres from the nearest residential use, so a reduction of 41 metres has been applied for. While this is half the normally required setback, the barn which is to be totally demolished is currently only 28 metres from the residential use, so 40 metres would be a 12 metre increase in separation. There is also an outdoor cow yard which will be removed and rehabilitated as part of the proposed expansion; this cow yard is 23 metres from the residential use. The overall effect of the barn expansion would be an increase in setback to the livestock facility over the current situation. The proposed location of the barn expansion would also require a reduction in setback from an interior lot line to 4.5 metres from 10 metres. The Planning Department is able to support the application. Comments were not required from Public Works, KFL&A Public Health or Cataraqui Region Conservation Authority. The building department has no objections. RESOLUTION:
C of A: 18:01:17
Moved by: R. Sleeth
Seconded by: K. Gee
THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-02-18-S by Orrie and Andrea Cumpson, to permit a reduction in the normally required Minimum Distance Separation reconstruction and enlargement of an existing livestock barn, and a reduction in interior side yard, in Concession 3, Part Lot 17, 4403 Latimer Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:
MV-02-18-S Orrie and Andrea Cumpson Concession 3, Lot/Part Lot 17, 4403 Latimer Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.35 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in the normally required Minimum Distance Separation and section 6.3.2 to permit a reduction in setback from an interior lot line Date of Decision: February 8, 2018 Decision:
MINOR VARIANCE APPROVED, subject to conditions
CONDITIONS:
- This minor variance is for the reconstruction and enlargement of an existing livestock facility to be located a minimum of 4.5 metres from the rear lot line of 4385 Latimer Road. The addition shall be a maximum of 9,500 square feet in size.
- Minor variance MV-02-18-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #20: Adjournment RESOLUTION: Moved by: K. Gee
C of A: 18:01:18 Seconded by: R. Sleeth
THAT the February 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 7:45 p.m. to reconvene at 7:00 p.m. on Thursday, March 8, 2018 or at the call of the Chair. Page 17 of 53
16
Carried
Alan Revill Chair
Lindsay Mills Secretary-Treasurer
Page 18 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: February 28, 2018 Application No: Owner: Location of Property:
S-58-17-S George Desrochers Concession 10, Pt. Lot 14, Battersea Road/Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 87 +/- acres with frontage on Battersea Road. The land is currently vacant. The application is for the creation of an approximately 21 +/- acre lot addition to the 35 +/acre parcel that also includes the residence at 5002 Ramparts Road. This lot addition will serve to increase the separation and privacy between the dwelling at 5002 Ramparts Road and the surrounding property. The planning department is able to support the application for the proposed right-of-way extension. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-58-17-S shall be for the creation of a 21 +/acre lot addition only to 5002 Ramparts Road (ARN 102906006015200).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
ATTACHMENTS Map of Desrochers/Fast property Property Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta Page 19 of 53
Lot Addition Parcel
µ
DESROCHERS S-58-17-S
Legend Desrochers Property
Lot To Be Enlarged
Desrochers Proposed Lot Addition Fast Property
BATTER
SEA RO AD
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
Page 20 of 53
RAMPARTS ROAD
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale 1:6,454 0
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UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 1, 2018 Application No: Owner: Location of Property:
S-61-17-S Brenda Gilbert Concession 10, Pt. Lot 31/32, Burnt Hills Road/Beach Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 6 +/- acres with frontage on Cranberry Lake, with access provided by a right-of-way from Burnt Hills Road over 651A Burnt Hills Road. The land is currently developed with a seasonal dwelling and a detached accessory building. The application is for the creation of an approximately 1.5 +/- acre lot addition to be added to 1121C Beach Lane. The lot addition parcel is a heavily treed parcel which when added to 1121C Beach Lane will serve to increase the privacy and separation between 1121C Beach Lane and 651B Burnt Hills Road. The retained parcel will be approximately 4.4 +/- acres in size and will encompass the existing seasonal dwelling. There is an area zoned as Pit ‘B’ Zone (PB) and designated as Mineral Aggregate in the Township’s Official Plan on the abutting parcel of land. The Township’s Comprehensive Zoning By-Law 2003-75 states that residential land uses within 300 metres of an existing or proposed pit below the water table. The proposed lot addition is not creating a situation which would permit an increase in residential development and is also located at the very edge of the required 300 metre setback for new development from mineral aggregates. The planning department is able to support the application for the proposed right-of-way extension. Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-61-17-S shall be for the creation of a 1.5 +/acre lot addition only to 1121C Beach Lane (ARN 102907006019850).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
Page 21 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal Office prior to any development on the property, to determine the need for a permit.
ATTACHMENTS Map of Gilbert property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 22 of 53
µ GILBERT S-61-17-S
BEACH LANE
Retained Parcel
Lot To Be Enlarged
Legend
Lot Addition Parcel
Gilbert Property Gilbert Proposed Lot Addition
Cranberry Lake Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 23 of 53
Scale 1:1,809 0 5 10
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UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 1, 2018 Application No: Owner: Location of Property:
S-08-18-P, S-09-18-P, S-10-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create three new residential lots Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create three new lots be considered for passage.
BACKGROUND The subject lands consist of 18.8 +/- acres with frontage on Jamieson Road. The land is currently vacant. The application is for the creation of three 4.5 +/- acre residential lots, each with a minimum of 76 metres of frontage on Jamieson Road. There is a well drilled on the parcel to be severed through application S-10-18-P and the applicant has provided a well record demonstrating that it meets the Township minimum requirements for water on a new lot. The retained parcel will be approximately 4.5 +/- acres in size and have a minimum of 76 metres of frontage on Jamieson Road. The planning department is able to support the application for the proposed new lots. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority. KFL&A Public Health has evaluated all three lots and the retained parcel for septic suitability. They have no objections. Public Works has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-08-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
- The land to be severed by Consent Application S-09-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road
- The land to be severed by Consent Application S-10-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
Page 24 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of each of the parcels to be severed through consent applications S-08-18-P, S-09-18-P and S-10-18-P in lieu of parkland [Planning Act, s. 51(1)]. 8. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
ATTACHMENTS Map of Giffin property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 25 of 53
µ 3801 Jamieson Road
GIFFIN S-08-18-P S-09-18-P S-10-18-P
3789 Jamieson Road JAMIESON RO
Legend
AD
Giffin Property
Giffin Proposed Lots
3774 Jamieson Road
3812 Jamieson Road
S-08-18-P
3816 Jamieson Road
S-09-18-P
3820 Jamieson Road
S-10-18-P
Retained Parcel S-08-17-P
S-09-17-P
Retained Parcel
S-10-17-P
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 26 of 53
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.0. KFL&A Public Health
CONSENTTo SEVER
Environmental Health Department
REpoRT
|NspEc1’|oN Receipt Number: SK-2-2018
File Number: S-08-18—P,S-09-18-P 8: 5-10-18-P Owner(s): Giffin, M Municipality:
Ward / Former Township:
South Frontenac
Portland Concession:
Lot:
Part(s):
Registered Plan:
Plan of Subdivision:
13R—1339O
6
General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)
Severed:
-Hay field, shallow overburden -Some treed area on southern portion of lots, some rock outcrops
-Treed, shallow overburden -Some rock outcrops
Soil type, depth and water table on each part of potential leaching bed areas. Indicate water permeability (good, fair, poor) for each part where natural soil is acceptable.
Depth of Soil
Severed
0.0 m 03 m 0.6 m 0.9 m 1.2 m 1.5 m
Clay Loam
Rock
Percolation rate (estimated): T>50min/cm
table with bar. Show estimated
Retained
Silty sand with some clay
Rock
Percolation rate (estimated): TH 25min/cm
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
SEVERED
Conditions:
Soil conditions found on the lot will require additional suitable granular soil a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System.
to construct 5““5f3“°"/ Unsatisfactory
Site Flexible
We Speci?c
RETAINED Satisfactory
Unsaiisfactorv site Flexible Site Specific
Conditions:
Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. -System will be restricted to areas on lot where natural soil at a minimum depth of 0.25 exists. —
PLEASEFORWARD A COPY OF THE NOTICE OF DECISION T0 KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.
Page 27 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 1, 2018 Application No: Owner: Location of Property:
S-11-18-S George Gibson Concession 3, Pt. Part Lot 10, Perth Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a 2.5 +/- acre lot addition to 4102A Perth Road. The retained parcel will be approximately 41.5 +/- acres in size. The lot addition parcel will be required to be rezoned from Urban Residential – First Density to Urban Commercial to conform to the zoning of the parcel to which it will be added. The applicant has indicated they would like to construct an additional building for storage related to the current automobile repair business. The planning department is able to support the application for the proposed lot addition. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-11-18-S shall be for the creation of a 2.5 +/acre lot addition to be added to 4102A Perth Road (ARN 102906002013300).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. The applicant shall rezone the lot addition parcel to be created from Consent Application S-1118-S from Urban Residential – First Density (UR1) to Urban Commercial (UC) Zone in order to conform to the zoning of the parcel to which it will be added. Please contact Lindsay Mills, the Township Planner, to begin this process.
ATTACHMENTS Map of Gibson property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 29 of 53
µ
PERTH ROAD
Retained Parcel
4107 Perth Road
GIBSON S-11-18-S 4108 Perth Road
Legend Fillion Property
4105 Perth Road
Gibson Property
4106 Perth Road
Gibson Proposed Lot Addition
Lot Addition Parcel
Lot To Be Enlarged 4102A Perth Road 4731 Latimer Rd.
4743 Latimer Rd.
4737 Latimer Rd. LATIMER ROAD
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
SR
Scale 1:1,447
ND OU GR FAI R
Page 30 of 53
OA
D
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
0
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UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 1, 2018 Application No: Owner: Location of Property:
S-13-18-L Randy Ruttan Concession 11, Pt. Part Lot 22, Hidden Valley Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a parking and docking easement and right-of-way Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a parking and docking easement and right-of-way be considered for passage.
BACKGROUND The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a parking and docking easement along with a right-of-way along Hidden Valley Lane to access this parking and docking area. This parking and docking easement is to facilitate deeded access to a water access only lot located on Buck Lake. This deeded access is required prior to the issuance of a building permit for the seasonal dwelling for which the applicant obtained a minor variance to construct in 2017 (application number MV-47-17-L). While currently both properties are owned by the applicant, this application will guarantee that should one of the properties be sold there will be no loss of access to the water access property on Buck Lake. The planning department is able to support the application for the proposed parking and docking easement and right-of-way. Current Zoning: Rural (RU), Recreational Resort Commercial – Special Zone 57 (RRC57) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-11-18-S shall be for the creation of a parking and docking easement along with a right-of-way along Hidden Valley Lane to facilitate access to a water access only property on Buck Lake (ARN 102905004079205).
- The parking area shall be surveyed and constructed according to the Township’s standards for off street parking areas.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) Page 31 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
ATTACHMENTS Map of Ruttan property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 32 of 53
BA Y
LA
NE
µ LANE
PER TH
RO A
D
FIREFL Y
SM AL
L
RUTTAN S-13-18-L
Legend Ruttan Property Ruttan Proposed Easement
S NE LI
HIDD
EN V A
LLE Y
LAN E
Buck Lake
N LA
SC O
FI EL D
CA
MP
LA
NE
E
Proposed Parking Easement and Dock Access
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 33 of 53
Scale 1:3,617
AD ALLEY RO HIDDEN V
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60
90
120 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 1, 2018 Application No: Owner: Location of Property:
S-62-17-L Kellie Morgan Concession 5, Pt. Block B/Block R, 4562 Bedford Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new residential lot Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 2.45 +/- acres with frontage on Bedford Road and Sydenham Lake. The land is currently developed with a single detached dwelling and a detached accessory building. The application is for the creation of two 1.1 +/- acre residential lots, each with 64 metres of frontage on Bedford Road. The existing structures will be demolished to facilitate the division of the property into two lots and accommodate the road widening required. As a condition of severance both new lots will be required to connect to the municipal water system rather than having wells. The minimum lot size normally required for the creation of waterfront lots is 2.5 acres for both severed and retained parcels and 76 metres of frontage on a public road or private lane. As this property is located within the defined hamlet area of the Village of Sydenham and the new lots will be serviced with municipal water there is the opportunity to create smaller lots. The planning department is able to support the application for the proposed new lot. Current Zoning: Residential Waterfront (RW) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Cataraqui Region Conservation Authority has no objections as there is sufficient space outside the required setbacks for construction on both lots. KFL&A Public Health has evaluated both severed and retained parcels and determined there is sufficient space on each for a septic system. The severed parcel currently has a well drilled on it, which may need to be decommissioned depending on the proposed septic location. Public Works has no objections and requested a road widening which will even out the surveyed edge of the Bedford Road right-of-way in this location.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-62-17-L shall be for the creation of a 1.1 +/acre residential lot with 64 metres of frontage on Bedford Road.
Page 34 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-62-17-L in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit.
ATTACHMENTS Map of Morgan property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 35 of 53
µ
4567 Bedford Road
OR DF BE
DR
O
MORGAN S-62-17-L
AD
Legend Morgan Property
4562 Bedford Road
Morgan Proposed Severance
Retained Parcel Proposed New Lot 4544 Bedford Road
4532 Bedford Road Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 36 of 53
Sydenham Lake
Scale 1:1,157 0
5
10
20
30
40 Meters
UTM Projection NAD 83
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Ms. Jennie Kapusta (S-62-17-L) January 24, 2018
The main interests of the CRCA with respect to this application are the avoidance of natural hazards (e. g. ?ooding and erosion) associated with Sydenham Lake, and the protection of the water quality of
the lake.
Natural Hazards Flooding: Flood plain mapping is available for Sydenham Lake. For Sydenham Lake, the regulatory ?ood plain has been established as elevation 131.6 metres geodetic. The CRCA’s Planning Policy recommends a 15 metre horizontal setback from the regulatory ?ood plain to account for variations in the ?ood plain elevation,changes over time in the anticipated extent of the regulatory ?ood plain, and situations such as debris or ice jams that may affect ?ood levels. Based upon a review of relevant mapping information,staff have concluded that there is suf?cient area outside of the suggested setback from the ?ood plain for future development to occur on both the lot to be severed and the retained parcel. Therefore, staff have no concerns with the proposal ?om a ?ooding hazard perspective. Erosion: The CRCA’s Planning Policy defines the erosion hazard limit as the sum of an allowance for toe erosion, a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. Based upon a review of relevant mapping information,staff have concluded that there is suf?cient area outside of the de?ned erosion hazard limit for future development to occur on both the lot to be severed and the retained parcel. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the CRCA’s Planning Policy (April 2015) contains provisions that seek to support these objectives.
The Township of South Frontenac Of?cial Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and n.i.n:.u:-In IIIII-.j|-L-|uu:u.r.;u-nun “I-I-I–I-I=I::I=IrII-I’=’=I maintaining natural ..;.-.’’.=.gu. landscapes. Accordingly, a.,.;..:.,-In”. policies have been included that can vary the setback from the highwater mark from 30 to 90 metres depending on the site characteristicssuch as steepness of slope, vegetation cover soil depth and lk?l?-?i??i??hhhi?nl?unuyq?qf??nq-?mhm@qn?E.h—|—J soil |*“F’h”"""""‘15'3’|5phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Of?cial Plan 5’|=’|=’|=i-l=|3|-‘I’-T|T=|H|1’l.||I’I‘-‘III|!|:||’|3.1.I.| |"’.:r.:::h:I:.I:I.|.’.||’.;?.-?..;.E.-;.;.-1-… indicates that a reduction from the setback ?rr"‘I":{I:TIII’I1.¢’d’E?1TIIfi1Iurn1vrriHJJrrn-LT-rrlnnall..Ii’|.I|——|.|.may only be considered if it is not physically possible or environmentally desirable to meet the 30 metre setback requirement, and that there will be no negative impacts to ?sh habitat or water quality.
I5‘-i’-i=‘EI|l’I’l|1f|=IfJ’-|1lI2|iI.I:L1’n1.‘EnI.lh.:I'1’nl1
Similar to the Of?cial Plan, CRCA Planning Policy considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development.
Page 2 of 3
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‘Q. KFL&A Public Health
Environmental Health Department
(NspEc-“ON
File Number:
Receipt Number:
S—62—17—L»
SK~55-2017
To SEVER REPORT
0wner(s): Kellie Morgan
ward / Former Township: Loughborough
Municipality:
Township of South Frontenac PT. B 84Block R
Part(s):
Registered Plan:
Concession:
Lot:
5
SO 13R-18924
Plan of Subdivision:
1
General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)
Severed:
-New Lot-has house, well & septic
Retained:
—Oldgarage structure —Open field —Nearroad is imported fill
Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable.
Retained
Depth of Soil
Severed
Topsoil
Vloft ea
Cl3V :w3’t-gym
Table 3 ft
0.0 m 0.3 m 0.6 m 03 m 1.2 m 1.5 m
Topsoil V0“ 95 5 av
Water
Table 2.5 ft
Percolation rate (estimated):
Percolation rate (estimated):
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Satisfactory The proposed lot is capable of providing flexibility in siting a sewage disposal Unsatisfactory system, dependent on the proposal submitted through an Application to Site Flexible Construct a Sewage System. -Well may have to be decommissioned depending on septic location. Site Specific —Septic to maintain 15m setback from flood plain as determined by Cataraqui Conservation Authority. Conditions: Soil conditions found on the lot will require additional suitable granular soil RETAINED to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to Sa ti sfa ctory site development. Unsatisfactory The proposed lot is capable of providing flexibility in siting a sewage disposal dependent on the proposal submitted through an Application to system, Site Fiexibie Construct a Sewage System. Site Specific -Septic to maintain 15m setback from flood plain as determined by Cataraqui Conservation Authority. Approved: Date: Miranda lezzi Inspector: February 23, 2018 CPHI(C),Public Health Inspector ’)
SEVERED
Conditions:
—
—
—
“ £21, ‘
PLEASE FORWARD A COPY OF THE NOTICE OF DECISION TO KFL&A PUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue. Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.
Page 40 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: March 5, 2018 Application No: Owner: Location of Property:
MV-03-18-L Jean-Claude Lalumiere, Jackie Lalumiere Concession 6, Lot/Part Lot 21, 4708 North Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 5.8.2a and 8.3.3 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in the 30 metre setback from water and section 5.8.2b to permit a reduction in the 15 metre setback from top of bank and section 8.3.2 to permit a reduction in interior side yard Date of Hearing: March 8, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit a reduction in setback from water, to permit a reduction in the setback from top of bank and reduction in interior side yard be considered for passage.
BACKGROUND The subject land consists of 0.98 +/- acres with frontage on North Shore Road and Loughborough Lake. The property is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres. There was a previous minor variance granted on this property (MV-21-16-L) for a reduction in setback from top of bank, during this evaluation a slope stability study was submitted per the conservation authorities request; this study has been resubmitted as part of this application in support of the reduction from top of bank. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Residential Waterfront (RW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes Page 41 of 53
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT AGENCY ANALYSIS AND COMMENTS Comments were not required from Public Works or KFL&A Public Health. Cataraqui Region Conservation Authority has evaluated the proposal and have no objections to the application provided the minimum setback to top of bank is 6 metres for all proposed structures. The building department has no objections.
CONDITIONS
- This minor variance is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres.
- Minor variance MV-03-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
ATTACHMENTS Map of Lalumiere Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 42 of 53
µ 4791 North Shore Road N
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LALUMIERE MV-03-18-L
4708 North Shore Road
Legend Lalumiere Property Lalumiere Proposed Buildings/Addition
Lalumiere Proposed Pool Existing Buildings
4702 North Shore Road
Loughborough Lake
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 43 of 53
Scale 1:600 0
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24 Meters
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1329 Gardiners Road, Suite 210 Kingston, ON, Canada K7P 0L8
613.634.9009 tel 888.884.9392 fax
August 9, 2016 Dr. Mark de Wolde 4702 North Shore Road Perth Road Village ON KOH 2I0
Regarding:
Limited Slope Stability Review Proposed Pool, 4708 North Shore Road Township of South Frontenac
Dear Dr. de Wolde: Further to our recent visit to the site on August 5, 2016 below is a summary of our review related to the limited slope stability analysis for the 4708 North Shore Road property. It is understood that a rectangular in-ground pool is to be constructed on the lot and that the municipality has requested that a slope stability review be completed to assess the proposed pool site. The property is located at 4708 North Shore Road, on Loughborough Lake in the Township of South Frontenac. The property is legally described as Part 1, Lot 21, Concession 6, Geographic Township of Loughborough, Township of South Frontenac and encompasses an area of 0.4 hectares. Refer to Survey Plan appended. The lot has an existing house and detached garage. The pool is proposed for the area at the rear (southeast) of the garage. Refer to Existing Site Plan appended. Beyond the rear of the garage, the grade is relatively flat for approximately 18m to the southeast. This area appears to be shallow fill and overburden with a gravel pad. Beyond this flat area, the grade slopes off to the southeast at approximately 2:1 slope for 15m. This area is characterized by bedrock outcrops, shallow overburden, and is vegetated with trees, shrubs, and grasses. Beyond this, the grade drops off steeply as a bedrock face to the southeast approximately 15m to Loughborough Lake. Refer to photos appended. Bedrock in this area is classified as metasedimentary rock in the Bedrock Geology of Ontario, Southern Sheet, Map 2544. The pool is proposed outside of the 30m setback from Loughborough Lake. It is proposed within the flat area beyond the slope area and well beyond (in excess of 20m) from the rock face. Refer to Proposed Site Pan appended. The setback from the rock face consists of a stable, long, moderate slope. It is understood that the pool and deck are to be setback 2m from the top edge of the moderate slope. The nature of
FF-Rpt-2016-08-09-North Shore Road-Slope Stability.docx
Page 1 of 2
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1329 Gardiners Road, Suite 210 Kingston, ON, Canada K7P 0L8
613.634.9009 tel 888.884.9392 fax
the slope ensures that risk of any slope stability failure of the bedrock face or slope above that would impact the proposed pool is minute. Given the proposed setback to the pool and deck from the slope, we are of the opinion that no further construction constraints with respect to slope stability are required. The sloped area is to remain undisturbed during construction. Pool drainage is to be dispersed away from the slope to prevent concentrated flow of water and to allow for disbursement within the existing shallow overburden soils on the flat areas. It is further recommended that the existing vegetation and trees on the slope remain.
Please contact this office if you require any additional information.
Sincerely, FOREFRONT Engineering Inc.
Doug Prinsen Senior Project Manager Doug.Prinsen@Forefronteng.ca Dp:dp
FF-Rpt-2016-08-09-North Shore Road-Slope Stability.docx
Page 2 of 2
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Survey Plan
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Site Plan
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Site Plan
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Site Photos
Photo 1: Proposed Pool Location – facing northwest
Photo 2: Proposed Pool Location - facing south
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Site Photos
Photo 3: Slope
Photo 4: Rock face
Page 53 of 53
