Committee Of Adjustment - 09 Jul 2020 - Minutes

Published July 9, 2020

Word Count 15369 words

Reading Time 73 min read

Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: July 9, 2020 Collection: Council Minutes Municipality: South Frontenac

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Minutes of Committee Of Adjustment July, 9, 2020 Time: 7:00 PM Location: Council Chambers Meeting # Present: Mayor Gary Davison, Pat Barr, John McDougall, Cam Naish, Bill Robinson, Del Stowe, Ron Vandewal, Larry York Staff: Wayne Orr, Chief Administrative Officer, Lindsay Mills, Planner, Rick Chesebrough, Fire Chief, Angela Maddocks, Executive Assistant. 1

Electronic Meeting Information

a) The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtual-committee-of-adjustmentmeetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well. b) During the Committee of Adjustment meeting staff will be following a PowerPoint Presentation, this presentation will be live-streamed on Facebook at the above noted link, but can also be viewed at the link below: 2

Call to Order

Adoption of Agenda

a) Resolution No. 2013-14-2 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby adopts the agenda for the July 9, 2020 Committee of Adjustment Meeting. Carried 4

Declaration of pecuniary interest

Approval of Minutes – June 11, 2020

a) Resolution No. 2013-14-3 Moved by Tom Bruce Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby approves the minutes of the June 11, 2020 meeting of the Committee. Carried 6

New Minor Variance Applications:

MV-43-19-B (Riddell) Location: Part Lot 16, Concession 3, District of Bedford, Township of South Frontenac, municipally known as 397 Barr Lane, Bobs Lake Purpose of Application: To reduce the side yard setback from 3 metres (9.8 feet) to 1.2 metres (4 feet) to permit the construction of a storage shed on an

Minutes of Committee Of Adjustment July, 9, 2020 already developed property. The applicant is seeking relief from Section 10.3.2 Limited Service Residential – Waterfront Zone Regulations which requires a 3 metre (9.8 foot) setback from all interior side yard lines. The planner delivered her report to the committee. Mike Nolan advised he visited the site and has no issue with this application.

Resolution No. 2013-14-4 Moved by Ray Leonard Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-43-19-B by Paul & Patricia Riddell, located at Part Lot 16, Concession 3, District of Bedford, Township of South Frontenac, municipally known as 397 Barr Lane, Bobs Lake, to to permit the construction of an accessory building (garden shed), situated at 2.1 metres (4 feet) from the interior side lot line which is less than the minimum 3 metre (9.8 feet) setback from the side lot line required in the RLSW – Limited Services Residential - Waterfront zone, subject to conditions. Carried b)

MV-02-20-L (Vanderhaar) Location: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake. Purpose of Application: To reduce the rear yard setback from 10 metres (32.8 feet) to 6.5 metres (21.3 feet) to permit the construction of a seasonal dwelling with an attached deck and screened porch on the subject property. Also, to increase the allowable lot coverage for the principal building from 5% to 9.5%. The applicant is seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations for the minimum rear yard setback and maximum lot coverage. The planner delivered her report to the committee. R. Ruttan indicated he has concerns that align with the Cataraqui Conservation staff concerns. He believes we need to receive more information because of the situation with the capacity of Buck Lake and setting a precedent, which one member of the public had addressed. He is in favour of deferring to work with the owners of the property to see if we can work it out, but at this point he would be supportive of a deferral. M Howe agreed with R. Ruttan. A. Vanderhaar the applicant thanked the committee for reviewing the plan and the previous revisions that were submitted. Ms. Vanderhaar advised the committee that she and the co-applicant would like to put some numbers to the percentage of lot coverage being proposed. They are not suggesting that they build something that is 18-00 or 2000 square feet. They are proposing something that is 1200 square feet with the inclusion of the decks and screened in porch. Ms. Vanderhaar indicated that they have three young children and they are hoping for this to be generational, not just for them but for their children as well. Ms. Vanderhaar mentioned that it is very frustrating for them to want to develop the lot and to be receiving all of this push back and they are hoping that would be taking into consideration rather than the 9.5%, the square footage of the property is being considered and looked at thoroughly. B. Vanderhaar added that these lots were developed in the 1960s and 1970s and at the time they were all accepted and deemed suitable. The 5% lot coverage is a current zoning based on a current minimum lot size of 10,000

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Minutes of Committee Of Adjustment July, 9, 2020 square metres and what the subject property has is approximately 1,700 square metres, so on a 10,000 square metre property 5% is a very large home, on this small lot it is not a very large home. Brad advised they were asked to move the home down to the lower plateau and the septic up to the top. Brad noted that they have moved everything up to the top plateau and they are the furthestcottage proposed from the lake on their lane. They are using a Waterloo bio water filter system due to the lake, the lake was deemed at capacity taking into account all lots and future development of all existing lots, which theirs is an existing lot. They have done everything that has been asked of them, they have moved everything around, as it was pointed out this is their 4th revision and Mr. Vanderhaar thinks that at this point they would prefer a vote rather than a deferral for something they are going to have to change around again, but they do not want to change any more. A. Vanderhaar advised that at this point they have two bedrooms on the main floor of the dwelling and two they have had to put in the lower level and they have a 5 year old daughter, a 7 year old daughter and a 9 year old daughter, they really feel like they have bent a lot and they are hoping that their case can be viewed, not only from the perspective of the people that have been previously approved at 9.5% lot coverage but also, take into consideration that this is a family lane and that they are hoping to be part of theat community. R. Genge advised that he completed the Environmental Impact Assessment for this application and not only that, he did the lake modeling that determined the at capacity status for Buck Lake and at the time that those were undertaken and done, all of the vacant lots of record were included, because existing lots of record will eventually be developed. So, although this is a small existing vacant lot of record, the applicants have achieved the best that can possibly be achieved. Mr. Genge advised that to put in a tertiary system on the property that has phosphorous removal and monitoring involved, and to achieve the 30 metre setback, it is kind of a moot point about the water quality on the lake. Mr. Genge also advised that he had submitted a letter that he is hopeful that all of the Committee Members had a chance to read which addresses the impact of hardened surfaces on water quality, it is not included in the Ontario Lake assessment methodology because it is so insignificant it is immeasurable. Mr. Genge added that he believes the applicants have done the best that can be achieved working with the municipality and agencies to get their building back as far as possible and to not come in with some big monster home, it is just that the lot is so small that this home occupies a higher percentage. Mr. Genge indicated that in his opinion, nothing more can be achievedin terms of protecting Buck Lake and satisfying the agencies, and to him he believes a vote is worth it and should be done tonight. M Nolan does not feel that he has enough information if the committee were to vote on anything other than deferral, and he does not know if it would be in the best interest of the applicant to vote for a deferral and receive more information, he noted that we are doing this remotely and a lot of the information came to us very quickly in the last week and a half. N Roberts agrees with M Nolan that he would like to have a look at the property before he would vote for going ahead, and he would like to have an opportunity to go and look at the property. R Ruttan address the applicants through the Chair and suggested that the committee defer this application and to move forward with this application right now is not in the best interest of the owners. R Ruttan advised that the committee could go ahead and make a decision for approval or denial, but cautioned them that it would be in their best interest to deferr the application at this point.

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Minutes of Committee Of Adjustment July, 9, 2020 B Vanderhaar asked how many members of the voting committee have seen the lot. A Revill advised that he was not sure, but most likely only two. B Vanderhaar advised that they had assumed everyone hada been because the members were voting on it and it is on the agenda. Mr. Vanderhaar noted that if members have not been, they invite all members to come and take a look but in light of this information, they would also like a deferral tonight. A Revill added that generally speaking, if the application is fairly straight forward, members of the committee in whose district the application is associated with go to visit the property. If there is some controversy or uncertainty about specifics of the application, then it is up to the Director of Development Services to indicate that all members of the committee should visit the site prior to the next meeting so everyone has had an opportunity to see it first hand, and he suspects that is what will happen with this application. N Roberts asked for an amendment to the resolution to say that each committee member would go and view the property. A Revill noted that it was not required as the Director will ask that outside of the motion. Resolution No. 2013-14-5 Moved by Mike Nolan Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance MV-02-20-L by Brad & Amanda Vanderhaar located at Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake to allow time for staff to review comments and for the applicant to respond to comments received from the public, Ministry of the Environment, Conservation and Parks, as well as Cataraqui Conservation. Carried c)

MV-06-20-B (Turney & Varthalitis) Location: Part Lot 24 & 25, Concession 10, being Part 1 on Plan 13R7305 and Parts 1, 2 & 4 on Plan 13R13675, 721A Lee Road, Wolfe Lake, District of Bedford, Township of South Frontenac Purpose of Application: To permit the construction of an accessory building, being a detached garage, in the projected front yard of a developed rural waterfront property located in conformity with the front yard setback as set out in the Rural Waterfront (RW) Zone. The applicant is seeking relief from Section 5.24.2 which requires accessory buildings to be located to the rear of the projected front or exterior side wall of the main building. The planner delivered her report to the committee. M Nolan advised that he attended the property but that the gate was locked and he was unable to get into the property, the proposed development is far enough away from the road that it will not be able to be seen from the road and therefore he is fully supportive of the application. A Revill mentioned that he also noted the gate was locked when he attended the site. Resolution No. 2013-14-6 Moved by Norm Roberts Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment approves Minor Variance MV-06-20-B by Anna Marie Turney & Mario Varthalitis located at

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Minutes of Committee Of Adjustment July, 9, 2020 Part Lot 24 & 25, Concession 10, being Part 1 on Plan 13R7305 and Parts 1, 2 & 4 on Plan 13R13675, 721A Lee Road, Wolfe Lake, District of Bedford, Township of South Frontenac, to permit the construction of a 133 metre2 (1440 feet2) detached garage (accessory building) within the projected front yard of the subject property, subject to conditions. Carried d)

MV-08-20-B (Bumstead) Location: Part Lot 1, Concession 12, being Parts 10 to 12 on Plan 13R3809, 10 Barrett Lane, Buck Lake, District of Bedford, Township of South Frontenac. Purpose of Application: To vary section 5.8.2 (a) and 8.3.3 to reduce the highwater mark setback from 30 metres (98.4 feet) to 15 metres (49.2 feet) to permit the construction of a one-and-a-half storey single detached dwelling with a walkout basement and an attached deck on a residential waterfront lot. The planner delivered her report to the committee. M Nolan advised he visited the site and acknowledged that it is a tough build with the water, the road, the hydro line the lane and the parking spaces. He advised he fully endorses the application being deferred to hear from the other agencies because it is quite the spot, so he would prefer to see the deferral. R Darling, the agent on the application advised that they have been working on this application going on two years. She asked if committee members had received the email she had sent. A Revill advised it was posted on the agenda. R Darling advised that they have been working on this application for two years and three planners, she advised that she understands and appreciates all of the dedication that staff has put into the application. The applicants started with a 1,500 square foot home and they were advised by the previous planner that all they would require was a Minor Variance from the road side. When she met with another planner, she was told that no, the lot was much more problematic than that and and Environmental Assessment would be required, which was completed by Mr. Genge and out of his recommendations the proposal was re-designed on the existing footprint with a new tertiary system. Mr. Darling indicated that after the Environmental Assessment and re-design was completed she thought she was on the right track and would be on the April agenda, then they met with another new and acting planner, and the design was revised to accommodate the acting planners concerns as well as Conservation Authority comments and concerns and it was asked why the development didn’t move back. Ms. Darling advised that the applicants are more than willing to move the proposed development back from the water, this has been demonstrated with the existing application and they have moved back as far as they can. She noted that a committee member had spoken to the difficulties of the lot and it most certainly is. Ms. Darling advised that she strongly believes that they have made an attempt to meet as many of the zoning requirements as possible. There is room to put in a tertiary system at 30 metres from the water, that is why they submitted an engineered septic plan to the Health Unit, and she spoke with J. McGurn at the health units who had advised that she had put in a letter for deferral because she just hadn’t had a chance to review the application or do a site visit, she will be doing a site visit on Tuesday with the Engineer and Ms. Darling is confident there will be no issues with that or they wouldn’t have been able to get an engineer stamp. Ms. Darling noted that one of the committee members asked for a deferral to work to get around it, she’s not sure what that statement meant, and she is not sure what else can be done to get an approval. She has an email that indicates all is okay for the Conservation Authority, but he did not submit formal comments in time. With the utmost respect to committee members and the enormous workload that staff is under, she believes that this application can

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Minutes of Committee Of Adjustment July, 9, 2020 come together without any further complications and with that reasons, she requests approval of the Minor Variance, conditional upon receipt of approval of the septic permit and the Health Unit Comments. If this can happen, her clients can move forward without having to wait another month. A Revill thanked Ms. Darling for her comments and noted that he was sure she can appreciate the municipality going through some challenges through the planning department and staff changes and he respects her patience with everything. However, we have a very strong working relationship with the Health Unit and try to work collaboratively, and it is his understanding that the Health Unit response would be primary response required and Conservation as well. It would appear that once the Healt Unit comments are received we would be able to approve this, but we are very reluctant to approve anything without comments from a primary commenting agency. He will ask the committee members again if they wish to comment. R Genge advised that he completed the Environmental Impact Assessment for this application and he determined the best case environmentally for this property was to re-build on the same footprint, moving this building back and expanding the footprint within 15 metres of the water likely has more environmental impact than just leaving it where it was, however, having said that the applicants have tried to do everything in their power to satisfy the agencies and it sounds that the Conservation Authority will comment favourably to this application. Mr Genge noted that in his opinion, in 2016 there was a class action appeal to the Ontario Municipal Board by people in the Township to allow them to dismantle the entire building and re-build on the same footprint, it didn’t matter where they were and the board ruled in favour of the appellants against the Municipality, so to him that application that first came in with building on the same footprint, the Minor Variance would have only been for the small modest change in the deck area to allow access to the foyer, so there is a small change there and in trade off for that, we would be changing a system which in Mr. Genges opinion likely was never approved and the septic runs for that are at the 15 metre mark for a tertiary treatment syste, which to him is a major environmental improvement. Mr Genges recommendation at the time was to re-naturalize and plant trees where the old bed was and there is a lot of rock out crop, however, having said all of that it is the Conservation Authority driving the bus and if they want to argue on the basis of water protection and water quality, he believes that is up to them, but it is as good as he is going to achieve. A Revill agreed that he Mr. Genge is correct with respect to the ruling of the Ontario Municipal Board that the individual could rebuilding exactly as they had it as long as there was no increase in foot print or gross floor area of the building, and he is not sure if there was a change in what was initially proposed, and what is now before us the proposal is to move the building back and as long as there is approval from the agencies the Committee would be approved. If they wanted to go back to the original placement, they would have to go back and re-submit the proposal. R Genge said that if they feel that this is the best case scenario, they still have the tertiary system at the 30 metre setback which is a huge improvement. J Bumstead thanked the committee and he has been working with Ms. Darling and the municipality to redesign the application and dismantle the decks and what is the most improvement is the tertiary system for proper treatment of the water. He would like the committee to move to make a decision instead of deferring the application pending favourable comments from the agencies so they do not have to lose this building year and not wait until next spring.

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Minutes of Committee Of Adjustment July, 9, 2020 M Howe greatly appreciates the frustration but he still would like to hear what the Health Unit has to say and he recommends that we wait for the Health Unit report before a decision is made. Resolution No. 2013-14-7 Moved by Randy Ruttan Seconded by Mike Howe THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance MV-08-20-B by Jeff & Mary Bumstead, located at Part Lot 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett Lane, Buck Lake to provide additional time for KFL&A Public Health to review the proposal and to provide comment, and to receive comments from Cataraqui Conservation. Carried e)

MV-09-20-L (O’Leary) Location: Part Lot 16, Concession 3, being Part 1 on Plan 13R3284, 3865 Corkey Road, District of Loughborough, Township of South Frontenac, Loughborough Lake Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 feet) to 9.14 metres (30 feet) to permit the construction of a deck, to reduce the waterbody setback from 30 metres (98.4 feet) to 16 metres (52.5 feet) to permit an addition on the second storey of the existing dwelling and to increase lot coverage from 5% to 8%. The applicant is seeking relief from Section 10.3 Limited Service Residential – Waterfront Zone Regulations and Section 5.8 Flooding and Shoreline Erosion Hazards as they relate to the 30 metre setback from the high water mark and do not allow for an increase in living space or height of a legal non-complying structure, in addition to maximum permitted lot coverage. The Planner delivered the report to the committee. R Ruttan believes that we have to defer this as we cannot make exceptions and we cannot approve something without all of the pieces of the puzzle. M Howe concurred with R Ruttan, and we need to honour the process we are following and he supports deferral. R Genge advised he prepared a letter to the planning staff and asked that it be attached to the Environmental Assessment. His concern is that the planning department and municipality continues to site the impermeable surfaces and decks as contributing to an impact on water quality. The calculations in the letter shows that this is not the case and he really objects to the Conservation Authority siting regulations regarding the impact on water quality as a reason to refuse these, if there are reasons other that water quality that they are being refused, then fine, but don’t site water quality as the reasons to refuse approval. He hopes everyone has a chance to read the letter and see why he feels that there is no impact on water quality with the addition of a 17 square metre deck given that there is an opportunity to tie approval of the deck to have a remediation or re-naturalization of that property, if it is tied to the approval of the deck. A Revill noted that one of the challenges with the committee meeting is that staff from the agencies are not present but he believes that a deferral will allow the opportunity for the applicant to work with the agencies to resolve any issues before committee members respond. B O’Leary addressed the committee and advised that they purchased this waterfront property approximately two years ago, they have a one year old and a three year old, and the screened in porch was a space they were enjoying to keep their children contained and enjoy the views. They discovered in the first

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Minutes of Committee Of Adjustment July, 9, 2020 winter that this screened in space is very inefficient, the master bedroom is always freezing, he is in heating and air conditioning and there is nothing he can do to make the situation better, so the only solution is to close that off and by doing that they are losing their outdoor space. It would be nice to have a safe space for the children and their elderly parents. He visited Andrew Schmidt and he did review it and would look at options if he did not impede within the setback that they are. Originally a 14 foot deck was planned and has now been cut back to 8 feet. There is a plan to meeting with Conservation staff at the property and there is a plan to work with them to come to something everyone can agree upon. R Genge advised he was not aware that the application was working with Conservation and wishes to not make a further comment. Resolution No. 2013-14-8 Moved by Mike Howe Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance MV-09-20-L by Bill O’Leary located at Part Lot 16, Concession 3, being Part 1 on Plan 13R3284, , District of Loughborough, Township of South Frontenac, municipally known as 3865 Corkey Road, Loughborough Lake to provide additional time for the applicants to revise their proposal to address concerns expressed by Township staff and Cataraqui Conservation regarding the construction of a deck closer to the high water mark of Loughborough Lake than the existing structure. Carried f)

MV-11-20-B (Arbeau & Westlake) Location: Part Lots 33 & 34, Concession 7, being Part 34 on Plan 13R167, 98 Mill Bay Lane, Bobs Lake, District of Bedford, Township of South Frontenac. Purpose of Application: To vary section 5.10.2 to allow an increase in living space to a Legal Non-Complying Structure, to vary section 5.8.2 a) and 10.3.1 to reduce the highwater mark setback from 30 metres (98.4 feet) to 19 metres (62.3 feet) and to increase the allowable lot coverage from 5% to 8.2% to permit the demolition of the existing deck and main door landing and to permit the construction of an addition to the house in an ‘L’ shape with the dimensions of 4 metres (9.8 feet) x 7.3 metres (23.95 feet) x 8.5 metres (27.9 feet) and new deck with dimensions of 5.5 metres (18 feet) x 3 metres (9.8 feet) x 3 metres (9.8 feet) on a residential, limited services waterfront lot. The planner delivered her report to the committee. M Nolan advised he visited the site and he fully supports deferral of the application as he would like to hear from the agencies to see what they can do to improve this application. A Revill met with the applicant and he is aware deferral is the likely outcome of this meeting. P Mosher with the Rideau Valley Conservation and they have had meetings with the applicant and the planner on site and he has had discussions with the other applicant and has noted they are working on getting a geotechnical report to submit a plan that can be supported by everyone. Resolution No. 2013-14-9 Moved by Norm Roberts Seconded by Randy Ruttan THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance MV-11-20-B by Chris Arbeau and Carolyn Westlake, located at Part Lots 33 & 34, Concession 7, being Part 34 on Plan 13R167, 98 Mill Bay Lane, Bobs Lake, District of Bedford, Township of South Frontenac to allow the applicant time to reconsider their proposal and provide

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Minutes of Committee Of Adjustment July, 9, 2020 additional information. And to allow staff and agencies additional time to work with the applicants to modify the submitted plans. Carried g)

MV-12-20-P (Yateman) Location: Part Lot 7, Concessions 10 & 11, being Parts 1-3 on Plan 13R6322, 2098 Hambly Lane, Hambly Lake, District of Portland, Township of South Frontenac. Purpose of Application: To vary section 5.10.2 to permit the re-construction of the single detached dwelling, on the existing foundation with an increase in height, to be constructed in conformity with the maximum height allowable in the Limited Services Residential – Waterfront (RLSW) Zone, at the reduced highwater mark setback that currently exists on the limited services residential waterfront lot. The dwelling would be constructed as shown in the drawings. The planner delivered her report to the committee. R Leonard feels that as long as the applicant stays within the conditions imposed, he has no objections. T Bruce agreed with R Leonard and as long as they stay within the conditions he completely agrees with this application. L Yateman thanked everyone. Resolution No. 2013-14-10 Moved by Ken Gee Seconded by Mike Howe THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance MV-12-20-P by Leslie Yateman located at Part Lot 7, Concessions 10 & 11, being Parts 1-3 on Plan 13R6322, 2098 Hambly Lane, Hambly Lake, District of Portland, Township of South Frontenac to permit the reconstruction of the single detached dwelling with a walk-out basement. The dwelling is proposed to be built on the existing foundation with an increase in height to be constructed in conformity with the maximum height allowable in the RLSW - Limited Services Residential - Waterfront zone, subject to conditions. Carried

MV-15-20-B (Mulder) Location: Part Lot 5, Concession 6, being Parts 8 on Plan 13R4370, 9088 Canoe Lake Road, Kingsford Lake, District of Bedford, Township of South Frontenac. Purpose of Application: To vary section 5.25.2 to allow construction of an accessory building, being a detached garage in the front yard of a Residential Waterfront Property. The planner delivered her report to the Committee. M Nolan advised he visited the site when the application was submitted and approved in March and his opinion stays the same, he fully supports this application. Resolution No. 2013-14-11 Moved by Tom Bruce Seconded by Mike Nolan THAT the township of South Frontenac Committee of Adjustment hereby approves Minor Variance MV-15-20-B by Thomas, Nancy & Caleb Mulder located at Part Lot 5, Concession 6, being Parts 8 on Plan 13R4370, 9088 Canoe Lake Road, Kingsford Lake, District of Bedford, Township of South Frontenac to permit permit the construction of an accessory building (detached garage) within the projected front yard of the proposed single detached dwelling on the subject property, subject to conditions.

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Minutes of Committee Of Adjustment July, 9, 2020 Carried i)

MV-16-20-L (Lackonick & Cole) Location: Part Lot 8, Concession 9, being Part 4 on Plan 13R15287, District of Loughborough, Township of South Frontenac, municipally known as 1037 Senior Lane, Cronk Lake. Purpose of Application: To vary sections 5.8.2 a) & b) and 10.3.2 to allow the demolition of a dwelling and attached deck located at 4.9 metres (16 feet) from the highwater mark and 0 metres from the top of bank and to construct a shade structure with an attached deck located at 10.9 metres (36 feet) and 8.5 metres (28 feet) respectively from the highwater mark and 4.6 metres (15 feet) and 7 metres (23 feet) respectively from the top of bank. The planner delivered her report to the committee. C Trudeau the agent advised he was happy to answer any questions from the committee. Resolution No. 2013-14-12 Moved by Ray Leonard Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance MV-16-20-L by Dianne Lackonick & Greg Cole located at Part Lot 8, Concession 9, being Part 4 on Plan 13R15287, District of Loughborough, Township of South Frontenac, municipally known as 1037 Senior Lane, Cronk Lake to permit the construction of a shade structure, which requires relief from the highwater mark setback for an accessory building in the RLSW – Limited Services Residential - Waterfront zone as well as relief from the general provisions on Flooding and Shoreline Erosion Hazards. The shade structure would sit on ground oriented wooden patio, subject to conditions. Carried

MV-17-20-B (Fess) Location: Part Lot 23, Concession 5, being Lot 22 on Plan 1661, 810 Sunset Shores Lane, Bobs Lake, District of Bedford, Township of South Frontenac. Purpose of Application: To vary section 5.24.1 to permit the total lot coverage of an accessory building to exceed the lot coverage of the existing principal building. The planner delivered her report to the committee. M Nolan advised he visited the site and the garage proposed is metal and is best suited for equipment storage. Although it is bigger than the principal building, it cannot be seen from the road or from the lake and he fully supports this application. Resolution No. 2013-14-13 Moved by Mike Nolan Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance MV-17-20-B by Martin & Merianne Fess located at Part Lot 23, Concession 5, being Lot 22 on Plan 1661, District of Bedford, Township of South Frontenac, municipally known as 810 Sunset Shores Lane, Bobs Lake, to permit the construction of an accessory building (detached garage), which is larger than the existing principal dwelling, subject to conditions. Carried

MV-18-20-P (McNeely) Location: Part Lot 8, Concession 11, being Part 1 on Plan 13R2287, 1124 Storms Lane, Verona Rock Lake, District of Portland, Township of South Frontenac.

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Minutes of Committee Of Adjustment July, 9, 2020 Purpose of Application: To vary sections 5.8.2 a) and 10.3.2, both of which require a 30 metre setback from the highwater mark, to permit construction of a 7.3 metre (24 foot) by 9.1 metre (30 foot) one storey garage to be located at 15 metres (49 feet) from the highwater mark of Verona Rock Lake on a Limited Services Residential Waterfront property. The senior planner delivered her report to the committee. R Leonard advised he visited the site and met with the applicants and they are happy to wait for the Conservation report. T Bruce agrees to waiting for the reports before making a decision. J & J McNeely advised they are perfectly fine with waiting for Quinte Conservation and thanked everyone for everything. Resolution No. 2013-14-14 Moved by Mike Howe Seconded by Randy Ruttan THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance MV-18-20-P by Jim & Jen McNeely located at Part Lot 8, Concession 11, being Part 1 on Plan 13R2287, District of Portland, Township of South Frontenac, municipally known as 1124 Storms Lane, Verona Rock Lake,to allow time for Township staff to receive further comments from Quinte Conservation. Carried l)

MV-19-20-L (McDonald) Location: Part Lot 24, Concession 14, being Parts 1, 2 & 3 on Plan 13R15545, and Part 2 on Plan 13R19077, 1120 Pillar Lane, Buck Lake, District of Loughborough, Township of South Frontenac. Purpose of Application: To reduce the highwater mark setback from 30 metres (98.4 feet) to 24.5 metres (76 feet) and to reduce the side yard setback from 3 metres (9.8 feet) to 1.5 metres (5 feet) to permit the demolition and reconstruction of a single detached dwelling with attached deck, attached garage and sunroom. The proposed home with deck will be slightly larger and taller than the existing structure with attached deck, the construction will be in accordance with the sketch submitted with the application, attached hereto. The applicants are seeking relief from sections 5.8.2 a. and 10.3.1 both require a 30 metre setback from the highwater mark and section 10.3.1 which requires a 3 metre setback from the side yard. The planner delivered her report to the committee. K McDonald thanked everyone for all their help on this application. Their plans are well known in the neighbourhood and have received tremendous support. Resolution No. 2013-14-15 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance MV-19-20-L by Bruce & Kathy McDonald located at Part Lot 24, Concession 14, being Parts 1, 2 & 3 on Plan 13R15545, and Part 2 on Plan 13R19077, District of Loughborough, Township of South Frontenac, municipally known as 1120 Pillar Lane, Buck Lake to permit the construction of a single detached dwelling with an attached deck, attached garage/cold storage and an attached sunroom on deck posts within the required 30 metre setback from the highwater mark, the required 30 metre front yard, and the required 3 metre interior side yard, subject to conditions. Carried

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Minutes of Committee Of Adjustment July, 9, 2020 7

Other Business

Information Report - Delegated Consent Granting Authority - Consents Approved The Planning Assistant delivered her report to the committee.

Adjournment

a) Resolution No. 2013-14-16 Moved by Tom Bruce Seconded by Mike Nolan THAT the July 9th, 2020 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 8:46 p.m. to reconvene on Thursday, August 13, 2020 at 7:00 p.m. or at the call of the Chair. Carried

Gary Davison, Mayor

Wayne Orr, Chief Administrative Officer

Page 12 of 167

Township of South Frontenac Committee of Adjustment Meeting Thursday, July 9, 2020 7:00 p.m. Council Chambers Virtual Meeting Page 13 of 167

4432 George Street, Sydenham, ON

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

• Norm Roberts • Mike Nolan • Ray Leonard

Township Staff • Angela Maddocks (Clerk & Meeting Host) • Christine Woods (Senior Planner) • Anna Geladi (Planner) • Michelle Hannah (Planning Assistant & Secretary Treasurer) • Claire Dodds (Director)

• Mike Howe • Tom Bruce Page 14 of 167

• Ken Gee

• Randy Ruttan 2

Format for the Meeting

The Chair, will introduce the file
The planner provides an overview of the application
Committee members ask questions
Comments from the applicant or their agent
Comments or questions from the public
The Committee will then deliberate and vote on the application
The Chair will state whether the vote was carried

Page 15 of 167

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

• If you have any questions after the meeting, please reach out to staff. Page 16 of 167

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

Page 17 of 167

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect.

• If the meeting cannot be restored within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media letting you know.

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Agenda • Call to Order

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

Page 19 of 167

Minor Variance Applications Page 20 of 167

MV-43-19-B Page 21 of 167

Application: MV-43-19-B Owners: Paul & Patricia Riddell Location of Property: Part Lot 16, Concession 3, District of Bedford, Township of South Frontenac, municipally known as 397 Barr Lane, Bobs Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-43-19-B, subject to conditions.

Page 22 of 167

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Page 23 of 167

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Proposal:

The Applicants are requesting permission to construct an accessory building (garden shed), situated at 1.2 metres (4 feet) from the side lot line which is less than the minimum 3 metre (9.8 feet) setback from the side lot line required in the RLSW – Limited Services Residential Waterfront zone. Page 24 of 167

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Relief Sought Official Plan Designation:

Zoning:

Rural

Limited Services Residential - Waterfront (RLSW)

Zoning Relief Requested: Section 10.3.2 : RLSW Zone

Relief: To permit the construction of an accessory building (garden shed) with a setback of 1.2 metres (4 feet) from the interior side lot line, whereas the Zoning Bylaw requires a minimum of 3 metres (9.8 feet) from the interior side yard.

Page 25 of 167

The application, as presented, meets the four tests for a minor variance under the Planning Act. 13

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Page 26 of 167

Riddell Property with existing cottage and shed 14

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated. • KFL&A Public Health – No development is proposed in proximity to the septic system on the northwest side of the existing dwelling for this minor variance application, therefore KFL&A Public Health was not circulated. • Rideau Valley Conservation Authority – Given the location and scope of the proposed development, RVCA was not circulated.

Page 27 of 167

• Public Comments – At the time of the writing of the report, no written comments had been received from the public. 15

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Page 28 of 167

Application: MV-43-19-B Owners: Paul & Patricia Riddell

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A building permit is required for all demolition and construction on the property; and • MV-43-19-B is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

Page 29 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 30 of 167

Comments from the Applicant and/or the Agent If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 31 of 167

Comments & Questions from the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 32 of 167

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

Page 33 of 167

MV-02-20-L Page 34 of 167

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar Location of Property: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-02-20-L to allow time for staff to review comments and for the applicant to respond to comments received from the public, Ministry of the Environment, Conservation and Parks, as well as Cataraqui Conservation.

Page 35 of 167

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 36 of 167

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Proposal

Page 37 of 167

• The applicants are requesting permission to construct a one-storey seasonal dwelling with a walkout basement and an attached deck and screened porch. • The dwelling would have a reduced rear yard and increased lot coverage. • The dwelling would be located a minimum of 30 metres from the high water mark of Buck Lake. • A new tertiary septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the highwater mark. 25

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Relief Sought Official Plan Designation:

Zoning:

Rural

Limited Services Residential - Waterfront (RLSW)

Zoning Relief Requested: Section 10.3.1 : RLSW Zone – Rear Yard and Lot Coverage

Relief: To permit the construction of a seasonal dwelling with: a) a minimum rear yard of 6.5 metres (21.3 feet), whereas the RLSW zone requires a minimum 10 metre rear yard

Page 38 of 167

b) A maximum lot coverage of 9.5%, whereas the RLSW zone allows 5% 26

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 39 of 167

Proposed location of dwelling relative to Twin Island Lane 27

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 40 of 167

View of property from top of bank 28

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Comments • Cataraqui Conservation – While the revised proposal is certainly preferable to the previous submission, staff continue to be concerned with the size of the building footprint … double the maximum allowable lot coverage. In the opinion of staff, the scale of development that is being proposed is simply too large for the lot. Staff recommend deferral to allow the applicant to consider a reduction to the size of the building.

Page 41 of 167

• MECP - The ministry fully supports the proponent’s work in moving the footprint of development (septic and dwelling) largely out of the 30 m setback from the high water mark. However, considering the “at capacity” status of the lake and the nature of its sensitivity to ongoing nutrient loading and encroachment pressures the ministry feels that lot coverage limits are an important planning tool that municipalities have to control the size and density of development that would be in keeping with the size of the lot in question. MECP fully supports the planning opinion and position of the Cataraqui Conservation Authority regarding encroachment concerns to the lake, particularly those of lot coverage. 29

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated.

• KFL&A Public Health – Following revisions to the site plan, KFL&A Public Health supports the proposed minor variance application. The sewage system is now proposed to be 30 metres from the high water mark of Buck Lake, and more than 15 metres from the top of bank. Further details regarding the sewage system will be addressed at the permit stage.

Page 42 of 167

• Public Comments – To date, 4 comments have been received from the public. Two of the comments are supportive of the proposal. One of the comments raise concerns for the impact of additional development on the lake and on Frontenac Provincial Park, as well as on potential precedence of reduced setbacks from the lane. 30

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar Location of Property: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake

Page 43 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 44 of 167

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

Page 47 of 167

MV-06-20-B Page 48 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis Location of Property: Part Lot 24 & 25, Concession 10, being Part 1 on Plan 13R7305 and Parts 1, 2 & 4 on Plan 13R13675, 721A Lee Road, Wolfe Lake, District of Bedford, Township of South Frontenac

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-06-20-B, subject to conditions.

Page 49 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Page 50 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Proposal:

An application for minor variance has been received, to permit the construction of a 133 metre2 (1,440 feet2) detached garage (accessory building) within the projected front yard of the subject property.

Page 51 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Relief Sought Zoning: RW – Waterfront Residential zone

Official Plan Designation: Environmental Protection Rural Zoning Relief Requested: Section 5.24.2:

Accessory Buildings

Relief: To permit the construction of an accessory building (detached garage) in the projected front yard, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building.

Page 52 of 167

The application, as presented, meets the four tests for a minor variance under the Planning Act. 40

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Page 53 of 167

Proposed location of the garage 41

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Comments • Public Services Department – Public Services is satisfied that the location of the proposed detached garage is acceptable, given that it meets the minimum front yard setback for structures in the Residential - Waterfront zone. • KFL&A Public Health – No development is proposed in proximity to the septic system on the northwest side of the existing dwelling for this minor variance application, therefore KFL&A Public Health was not circulated.

• Rideau Valley Conservation Authority – The Rideau Valley Conservation Authority has no objection to the subject application and it is the opinion of the reviewing planner that the requested variance is minor. • Public Comments – At the time of the writing of the report, no written comments had been received from the public. Page 54 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Page 55 of 167

Application: MV-06-20-B Owners: Anna Marie Turney & Mario Varthalitis

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted; • A building permit is required for all demolition and construction on the property; and • MV-06-20-B is only applicable to South Frontenac Township Comprehensive Zoning ByLaw 2003-75 and not to any subsequent zoning by-laws.

Page 56 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 57 of 167

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

Page 60 of 167

MV-08-20-B Page 61 of 167

Application: MV-08-20-B Owners: Jeff & Mary Bumstead Location of Property: Part Lot 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett Lane, Buck Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-08-20-B to provide additional time for KFL&A Public Health to review the proposal and to provide comment, and to receive comments from Cataraqui Conservation.

Page 62 of 167

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Page 63 of 167

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Proposal

Page 64 of 167

• The applicants are requesting permission to construct a one-and-a-half storey single detached dwelling with a walkout basement and an attached deck. • The dwelling would have a 15 metre setback from the high water mark of Buck Lake. • The existing cottage (0.9 metres to HWM) and shed (15 metres to HWM) would be demolished. • A new tertiary septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the highwater mark. 52

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Relief Sought Official Plan Designation:

Zoning:

Rural

Waterfront Residential (RW-16)

Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards Section 8.3.3: Waterbody Setback

Relief: To permit the construction of a new singledetached dwelling with a minimum high water mark setback of 15 metres (49 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the high water mark for all buildings and structures.

Page 65 of 167

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Page 66 of 167

View of existing cottage and proposed location of dwelling.

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Comments • Public Services Department – The property accessed from a lane and therefore, Public Services was not circulated. • KFL&A Public Health – Requested deferral as they required more information. • Cataraqui Conservation – comments have not yet been received. • Public Comments – At the time of the writing of the report, no written comments had been received from the public. Page 67 of 167

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-08-20-B to provide additional time for KFL&A Public Health to review the proposal and to provide comment, and to receive comments from Cataraqui Conservation.

Page 68 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 69 of 167

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

Page 72 of 167

MV-09-20-L Page 73 of 167

Application: MV-09-20-L Owner: Bill O’Leary Location of Property: Part Lot 16, Concession 3, being Part 1 on Plan 13R3284, , District of Loughborough, Township of South Frontenac, municipally known as 3865 Corkey Road, Loughborough Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-09-20-L to provide additional time for the applicants to revise their proposal to address concerns expressed by Township staff and Cataraqui Conservation regarding the construction of a deck closer to the high water mark of Loughborough Lake than the existing structure. Page 74 of 167

Application: MV-09-20-L Owner: Bill O’Leary

Proposal:

Page 75 of 167

An application for minor variance has been received to reduce the required setback from the highwater mark from 30 metres (98.4 feet) as required by section 5.8.2a and 10.3.1 of the Township of South Frontenac Zoning By-law to 9.14 metres (30 feet) to permit the construction of a deck. The applicants are also seeking a minor variance to permit an addition on the second story of the existing dwelling, increasing the height of a legal noncomplying structure and increasing lot coverage from 7% to 8% for the principal structure. 63

Application: MV-09-20-L Owner: Bill O’Leary

Relief Sought Official Plan Designation: Rural Zoning Relief Requested: Section 5.8.2a

Zoning: RW – Waterfront Residential zone

Relief: To permit the construction of a deck at 9.14 metres from the highwater mark whereas the Zoning By-law requires an 30 metres from the highwater mark.

Page 76 of 167

Section 5.10.2

Relief: To permit an addition on the second story of the existing dwelling, increasing the height of a legal noncomplying structure.

Section 10.3.1

Relief: To permit the construction of an deck at 9.14 metres from the highwater mark whereas the Zoning Bylaw requires an 30 metres from the highwater mark and an increase in lot coverage from 8% whereas the Zoning Bylaw allows for a maximum of 5%. 64

Application: MV-09-20-L Owner: Bill O’Leary

Page 77 of 167

Application: MV-09-20-L Owner: Bill O’Leary

Comments: Public Services Department – Given the nature of the application, Public Services was not circulated. KFL&A Public Health – KFL&A Public Health was not circulated due to the nature of the application. Cataraqui Conservation – Comments received from Cataraqui Conservation recommend denial based upon their consideration for natural hazards and water quality protection policies, the “at capacity” status of the West Basin of Loughborough Lake, and the nature of its sensitivity to ongoing nutrient loading and encroachment pressures resulting in cumulative impacts to the water quality of the lake. Cataraqui Conservation staff have provided further clarification that they have no objections to the second storey addition and converting an existing covered porch into living space. Cataraqui Conservation does not support the application due to the deck encroachment further into the water setback. Ministry of Environment, Conservation and Parks (MECP) – MECP shares the same concerns as Cataraqui Conservation. MECP staff also recommended denial of the application. Page 78 of 167

Public Comments – To date, one comment from neighbours has been received.

Application: MV-09-20-L Owner: Bill O’Leary

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-09-20-L to provide additional time for the applicants to revise their proposal to address concerns expressed by Township staff and Cataraqui Conservation regarding the construction of a deck closer to the high water mark of Loughborough Lake than the existing structure.

Page 79 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 80 of 167

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

Page 83 of 167

MV-11-20-B Page 84 of 167

Application: MV-11-20-B Owners: Chris Arbeau & Carolyn Westlake Location of Property: Part Lots 33 & 34, Concession 7, being Part 34 on Plan 13R167, 98 Mill Bay Lane, Bobs Lake, District of Bedford, Township of South Frontenac

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-11-20-B to allow the applicant time to reconsider their proposal and provide additional information. And to allow staff and agencies additional time to work with the applicants to modify the submitted plans.

Page 85 of 167

Application: MV-11-20-B Owners: Chris Arbeau & Carolyn Westlake

Proposal: An application for minor variance has been submitted to permit the demolition of the existing deck and main door landing and to permit the construction of an addition to the house in an ‘L’ shape and add a new deck. The addition to the house and the new deck are proposed to be approximately 19 metres (62.4 feet) from the highwater mark in line with the current deck and existing setback. This proposal would see an increase in the lot coverage of the principal structure from 6.2% to 8.2%.

Page 86 of 167

Application: MV-11-20-B Owner: Chris Arbeau & Carolyn Westlake

Page 87 of 167

Application: MV-11-20-B Owners: Chris Arbeau & Carolyn Westlake

Comments: Public Services Department – Given the nature of the application, Public Services was not circulated. KFL&A Public Health – Comments from Kingston Frontenac and Lennox & Addington Public Health (KFL&A) have indicated that they require more information on the sewage system. Rideau Valley Conservation Authority – Rideau Valley Conservation Authority (RVCA) have provided comments recommending the Committee defer the application as they have concerns about hazards on site. It is recommended that a geotechnical opinion be obtained and reviewed by RVCA staff. Public Comments – At the time of the writing of the report, no written comments had been received from the public.

Page 88 of 167

Application: MV-11-20-B Owners: Chris Arbeau & Carolyn Westlake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-11-20-B to allow the applicant time to reconsider their proposal and provide additional information. And to allow staff and agencies additional time to work with the applicants to modify the submitted plans.

Page 89 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 90 of 167

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

Page 93 of 167

MV-12-20-P Page 94 of 167

Application: MV-12-20-P Owner: Leslie Yateman Location of Property: Part Lot 7, Concessions 10 & 11, being Parts 1-3 on Plan 13R6322, 2098 Hambly Lane, Hambly Lake, District of Portland, Township of South Frontenac

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-12-20-P, subject to conditions.

Page 95 of 167

Application: MV-12-20-P Owner: Leslie Yateman

Page 96 of 167

Application: MV-12-20-P Owner: Leslie Yateman

Proposal:

An application for minor variance has been received to permit the re-construction of the single detached dwelling with a walk-out basement. The dwelling is proposed to be built on the existing foundation with an increase in height to be constructed in conformity with the maximum height allowable in the RLSW - Limited Services Residential Waterfront zone. Page 97 of 167

Application: MV-12-20-P Owner: Leslie Yateman

Relief Sought Official Plan Designation: Rural and Environmental Protection

Zoning: Limited Service Residential – Waterfront (RLSW) Zone

Section 5.10.2: Existing Buildings within 30 metres of a Waterbody or Watercourse

Relief: To permit the re-construction of a single detached dwelling, on the existing foundation with an increase in height, to be constructed in conformity with the maximum height allowable in the Limited Services Residential – Waterfront (RLSW) Zone.

Page 98 of 167

The application, as presented, meets the four tests for a minor variance under the Planning Act. 86

Application: MV-12-20-P Owner: Leslie Yateman

Page 99 of 167

Existing home to be demolished and re-build on the same foundation (view from the waterfront)

Application: MV-12-20-P Owner: Leslie Yateman

Comments • Public Services Department – Public Services was not circulated due to the nature of the application.

• KFL&A Public Health – KFL&A Public Health notes that the current sewage system is undersized. An application to install a new sewage system must be submitted to KFL&A Public Health before a building permit is issued. KFL&A Public Health has no objection to the proposed minor variance. • Quinte Conservation – Quinte Conservation staff are satisfied that there is sufficient area for development outside the flood hazard provided that the applicants stay on the same. Staff note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 45 metres of the 1:100 year floodplain of Hambly Lake. Quinte Conservation has no objection to the application as presented. Page 100 of 167

• Public Comments – At the time of the writing of the report, no written comments had been received from the public.

Application: MV-12-20-P Owner: Leslie Yateman

Page 101 of 167

Application: MV-12-20-P Owner: Leslie Yateman

Proposed Conditions of Approval •

The Minor Variance is approved in accordance with plans submitted;

•

A development agreement will be required to be registered on title

•

Approval of an application to install a new sewage system must be obtained;

•

A building permit is required for all demolition and construction on the property; and

•

MV-12-20-P is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

Page 102 of 167

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 103 of 167

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

Page 106 of 167

MV-15-20-B Page 107 of 167

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder Location of Property: Part Lot 5, Concession 6, being Parts 8 on Plan 13R4370, 9088 Canoe Lake Road, Kingsford Lake, District of Bedford, Township of South Frontenac

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-15-20-B, subject to conditions.

Page 108 of 167

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

Page 109 of 167

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

Proposal:

An application for minor variance has been received to permit the construction of an accessory building (detached garage) within the projected front yard of the proposed single detached dwelling on the subject property.

Page 110 of 167

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

Relief Sought Official Plan Designation:

Zoning: RU - Rural

Rural Zoning Relief Requested: Section 5.24.2: Accessory Buildings

Page 111 of 167

The application, as presented, meets the four tests for a minor variance under the Planning Act. 99

Application: MV-15-20-B Owner: Thomas, Nancy & Caleb Mulder

Page 112 of 167

Proposed location of the garage 100

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

Comments • Public Services Department – Public Services has no concerns regarding the application. • KFL&A Public Health – No development is proposed in proximity to the septic system, therefore KFL&A Public Health was not circulated. • Cataraqui Region Conservation Authority – Given the location and scope of the proposed development, CRCA confirmed that circulation was not required. • Public Comments – At the time of the writing of the report, no written comments had been received from the public. Page 113 of 167

101

Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

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Application: MV-15-20-B Owners: Thomas, Nancy & Caleb Mulder

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A building permit is required for all demolition and construction on the property; and • MV-15-20-B is only applicable to South Frontenac Township Comprehensive Zoning ByLaw 2003-75 and not to any subsequent zoning by-laws.

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103

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

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104

105

106

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

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107

MV-16-20-L Page 120 of 167

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Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole Location of Property: Part Lot 8, Concession 9, being Part 4 on Plan 13R15287, District of Loughborough, Township of South Frontenac, municipally known as 1037 Senior Lane, Cronk Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-16-20-L, subject to conditions.

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109

Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

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Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

Proposal:

An application for minor variance has been received, to permit the construction of a shade structure, which requires relief from the highwater mark setback for an accessory building in the RLSW – Limited Services Residential Waterfront zone as well as relief from the general provisions on Flooding and Shoreline Erosion Hazards. The shade structure would sit on a ground oriented wooden patio. Page 123 of 167

111

Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

Relief Sought Official Plan Designation:

Zoning: RLSW – Limited Services Residential – Waterfront

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RU - Rural Zoning Relief Requested: Section 5.8.2a): Flooding and Shoreline Relief: To permit the construction of a new shade structure Erosion Hazards (screen structure) with a highwater mark setback of 11 metres (36 feet) whereas the By-law requires a 30 metre (9.8 feet) setback from the highwater mark for all buildings and structures. Section 5.8.2b): Flooding and Shoreline Relief: To permit the construction of a new shade structure Erosion Hazards (screen structure) with a top of bank setback of 7 metres (23 feet, whereas the By-law requires 15 metres (49.2 feet) horizontal of the top of bank of any embankment. Section 10.3.2: RLSW Zone Relief: To permit the construction of a new shade structure with a highwater mark setback of 11 metres (36 feet), whereas the By-law requires a 30 metre (98.4 foot) setback from the highwater mark for the accessory building.

The application, as presented, meets the four tests for a minor variance under the Planning Act.

112

Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

Page 125 of 167

Existing cottage placement to be replaced with shade structure

Concept photo of shade structure 113

Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated.

• KFL&A Public Health – No development is proposed in relation to a septic system, therefore KFL&A Public Health was not circulated. • Cataraqui Conservation – Cataraqui Conservation staff have no objection to the approval of application MV-16-20-L based on their consideration for natural hazard, natural heritage and water quality policies. The applicant will be required to contact Cataraqui Conservation at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06

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• Public Comments – At the time of the writing of the report, no comments had been received from the public.

114

Application: MV-16-20-L Owners: Dianne Lackonick & Greg Cole

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115

Application: MV-16-20-L Owner: Dianne Lackonick & Greg Cole

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted; • A development agreement will be required to be registered on title • The existing metal shed and plastic shed within the 30 metre setback of the highwater mark shall be removed; • A building permit is required for all demolition and construction on the property; and • MV-16-20-L is only applicable to South Frontenac Township Comprehensive Zoning ByPage 128 of 167

Law 2003-75 and not to any subsequent zoning by-laws.

116

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

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117

118

119

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

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120

MV-17-20-B Page 133 of 167

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Application: MV-17-20-B Owners: Martin & Merianne Fess Location of Property: Part Lot 23, Concession 5, being Lot 22 on Plan 1661, District of Bedford, Township of South Frontenac, municipally known as 810 Sunset Shores Lane, Bobs Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-17-20-B, subject to conditions.

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122

Application: MV-17-20-B Owners: Martin & Merianne Fess

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123

Application: MV-17-20-B Owners: Martin & Merianne Fess

Proposal:

An application for minor variance has been received to permit the construction of an accessory building (detached garage), which is larger than the existing principal dwelling.

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124

Application: MV-17-20-B Owners: Martin & Merianne Fess

Relief Sought Official Plan Designation: Rural

Zoning: RLSW – Limited Services Residential – Waterfront

Zoning Relief Requested: Section 5.24.1: Accessory Buildings

Relief: To permit the construction of an accessory building (detached garage) with a footprint of 121.94 metres2 (1312.6 feet2), which exceeds the lot coverage of the existing principal building of 85 metres2 (924 feet2).

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The application, as presented, meets the four tests for a minor variance under the Planning Act. 125

Application: MV-17-20-B Owners: Martin & Merianne Fess

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Proposed location of the garage 126

Application: MV-17-20-B Owners: Martin & Merianne Fess

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated.

• KFL&A Public Health – No development is proposed in proximity to the septic system on the northwest side of the existing dwelling for this minor variance application, therefore KFL&A Public Health was not circulated. • Rideau Valley Conservation Authority (RVCA) – Given the location and scope of the proposed development, RVCA was not circulated. • Public Comments – To date, one comment from neighbours has been received. Page 139 of 167

127

Application: MV-17-20-B Owners: Martin & Merianne Fess

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128

Application: MV-17-20-B Owners: Martin & Merianne Fess

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A building permit is required for all demolition and construction on the property; and • MV-17-20-B is only applicable to South Frontenac Township Comprehensive Zoning ByLaw 2003-75 and not to any subsequent zoning by-laws.

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129

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

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130

131

132

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

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133

MV-18-20-P Page 146 of 167

134

Application: MV-18-20-P Owners: Jim & Jen McNeely Location of Property: Part of Lot 8, Concession 11, District of Portland, Township of South Frontenac,

municipally known as 1124 Storms Lane, Verona Rock Lake

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Application: MV-18-20-P Owners: Jim & Jen McNeely

Proposal An application for minor variance was received to permit the construction of a 67 square metre (720 square foot) accessory building (one-storey detached garage) on a 0.3 hectare (0.7 acre) existing lot of record. The proposed setback from the new garage to the highwater mark of Verona Rock Lake is 15 metres (49 feet).

Page 148 of 167

136

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 149 of 167

137

138

139

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

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140

MV-19-20-L Page 153 of 167

141

Application: MV-19-20-L Owners: Bruce & Kathy McDonald Location of Property: Part Lot 24, Concession 14, being Parts 1, 2 & 3 on Plan 13R15545, and Part 2 on Plan 13R19077, Buck Lake, District of Loughborough, Township of South Frontenac, municipally known as 1120 Pillar Lane

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-19-20-L, subject to conditions.

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142

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

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143

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

Proposal:

Page 156 of 167

An application for minor variance has been received to permit the construction of a single detached dwelling with an attached deck, attached garage and a sunroom on deck posts within the required 30 metre setback from the highwater mark, the required 30 metre front yard setback and the required 3 metre interior side yard. 144

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

Relief Sought Official Plan Designation:

Zoning:

Rural

Limited Service Residential –Waterfront (RLSW)

Zoning Relief Requested:

Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Section 10.3.1: Waterbody Setback, Front Yard and Interior Side Yard

Relief: To permit the construction of a new single-detached dwelling with a minimum highwater mark setback of 23 metres (76 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the high water mark for all buildings and structures.

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Relief: To permit the construction of a new single-detached dwelling with • a minimum setback of 23 metres (76 feet) from the high water mark, whereas the By-law requires a minimum 30 metre (98.4 feet) setback from the high water mark for the principal building; • a minimum front yard of 23 metres (76 feet), whereas the By-law requires a minimum 30 metre front yard and; • an interior side yard of 1.5 metres (5 feet) to the exterior wraparound deck attached to the dwelling whereas the By-law requires 3 metres (9.8 feet).

The application, as presented, meets the four tests for a minor variance under the Planning Act.

145

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

Page 158 of 167

Existing dwelling and attached deck to be replaced

146

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

Comments • Public Services – The property has an existing entrance on a private lane and therefore, Public Services was not circulated.

• KFL&A Public Health – KFL&A Public Health received an application to install a new sewage system and have no objections to the proposed minor variance. • Cataraqui Conservation – Cataraqui Conservation staff recognize there is limited opportunity for all development to meet the 30 metre setback. However, they recommend deferral of MV-19-20-L to allow the applicant to consider alternatives that will meet the intent of the water quality policies, and to remove the portion of the deck that extends towards Buck Lake. Cataraqui Conservation staff had raised a concern about lot coverage. Lot coverage was reviewed by Township staff and was confirmed to be just under the 5% lot coverage permitted by the By-law.

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• Ministry of Environment, Conservation and Parks – Staff at the Ministry of Environment, Conservation and Parks recommend deferral and support the planning opinion and position of the Cataraqui Conservation regarding encroachment concerns to the lake as the “at capacity” status of Buck Lake and the nature of its sensitivity to ongoing nutrient loading and encroachment pressure can result in cumulative impacts to the water quality. • Public Comments – To date, one comment from neighbours has been received. 147

Application: MV-19-20-L Owners: Bruce & Kathy McDonald

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148

Application: MV-19-20-L Owner: Bruce & Kathy McDonald

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted; • A Development Agreement shall be entered into and registered on title to the property; • A building permit is required for all demolition and construction on the property; and • MV-19-20-L is only applicable to South Frontenac Township Comprehensive Zoning ByLaw 2003-75 and not to any subsequent zoning by-laws.

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149

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

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151

152

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

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Other Business Information Report: Consents approved by Delegated Authority: • S-29-19-L (Owner & Applicant) Edgar & Maureen Adams • S-05-20-P (Owner & Applicant) Jeffery Leroux • S-07-20-P (Applicant/Owner) Andrew & Ashley Cox (Applicant/Agent) Michael Veryzer

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Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

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