Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: May 9, 2019 Collection: Council Minutes Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/Minutes/Committee of Adjustment/2019 Committee of Adjustment Minutes/Committee Of Adjustment - 09 May 2019 - Minutes.pdf)
Document Text
Minutes of Committee Of Adjustment May, 9, 2019 Time: 7:00 PM Location: Council Chambers Meeting # C of A: 04 Present:Mike Howe, Randy Ruttan, Ken Gee, Norm Roberts. Ray Leonard, Mike Nolan, Alan Revill, Trudy Gravel, Planner, Michelle Hannah, Planning Assistant, Claire Dodds, Director of Development Services Absent, with regrets: Tom Bruce 1
Call to Order
2
Adoption of Agenda
a) Resolution No. C of A: 2019:04:2 Moved by Randy Ruttan Seconded by Mike Howe THAT the South Frontenac Township Committee of Adjustment hereby adopts the agenda for the May Committee of Adjustment meeting. Carried 3
Declaration of pecuniary interest
4
Approval of Minutes – April 11, 2019
a) Resolution No. C of A: 2019:04:3 Moved by Randy Ruttan Seconded by Mike Howe THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the April 11, 2019 meeting of the Committee. Carried 5
Consent Applications:
a)
S-06-19-S Noble Part Lots 6 & 7, Concession 9, being Part 2 on Plan 13R13561, municipally known as 4679 Noble Lane, District of Storrington, Township of South Frontenac. For consent to create one new rural waterfront vacant lot consisting of approximately 11.5 acres with 595 feet of frontage along Loughborough Lake and 1900 feet of frontage along Noble Lane. Resolution No. C of A: 2019:04:4 Moved by Mike Howe Seconded by Randy Ruttan THAT the South Frontenac Township Committee of Adjustment hereby approves consent application S-06-19-S by Gerald & Margaret Noble to create one new lot consisting of approximately 11.5 acres (4.65 hectares) in size with 595 feet (181.37 metres) of frontage along Loughborough Lake and 1900 feet (579.12 metres) of frontage along Noble Lane at Part Lots 6 & 7, Concession 9, being Part 2 on Plan 13R13561, municipally known as 4679 Noble Lane, District of Storrington, Township of South Frontenac, subject to conditions. Carried
b)
T. Gravel presented the planning report and recommended conditions. It was noted that a condition to rezone the Lands to Limited Services Residential Waterfront (RLSW) had been recommended to be attached to the consent application to recognize the limited services and emergency access as the lot fronts onto a private lane and establishes a zoning consistent with the waterfront lots along Noble Lane.
Minutes of Committee Of Adjustment May, 9, 2019 N Roberts: He would like to hear from the applicant and the public before he forms his final opinion. R Ruttan: asked where the water frontage is located for the severed piece. T Gravel: advised using the map provided with the Notice where the water frontage is located. K Gee: to follow up - the lot is big enough, the agencies have no objection and there are conditions imposed - he would like to hear from the public. Regarding the issues the public has with the lane condition, there is a fund the township has to improve the lanes in the Township. Member of the public: Leah Werry 4348 Noble Lane Would like to register her objection to the consent - she spent 25 years of her life on a farm and has a Masters Degree in Rural Planning and she is very well acquainted with the procedures of planning in the Province of Ontario. Ms. Werry noted that Noble Lane is not a public road and is not maintained by the Township. Ms. Werry added that most Official Plans do not support new lot creation on private lanes in Ontario. They have difficulty providing the residents with emergency services. Ms. Werry stated that the Nobles do not contribute to the maintenance of the road. The road is a one way lane which has very long stretches that require cars to back up if they meet another car. Recently there was a fire of a structure on Noble Lane and the fire trucks completely blocked the road - it was a windy day and there was no way out of the lane - the fire almost created a forest fire and the residents would have been trapped on the lane. Ms. Werry noted that she does not blame the Township for not wanting to take over the lanes but added that it is unfair for the Township to allow for the creation of a new lot and take more taxes with the issues that surround Noble Lane. Ms. Werry noted that the Private Lane runs along the water and the Conservation Authority signed off on this application and she wonders whether they went out to visit the site. The water exceeded the bank of the road where there is no buffer between the road and the lake, and where there is a wetland buffer the water did not exceed the bank. The piece of land is so narrow any docks would impede the use. Member of the public: Scott Topping - Mr. Topping stated that the Committee had just heard from his wife, Leah. Mr Topping went on to say that he too is opposed to the planned severance of Noble Lane. Only got notice in the mail on May 6, 2019 and had to scramble to be prepared for the May 9, 2019 Committee of Adjustment meeting. Mr. Topping noted that there is a Document General registered on title that requires the equitable maintenance of the lane. This does not seem to be taken into account on the planning report. Mr. Topping noted that the private lane does not meet the Township Private Lane standards for the private lane upgrade system. Mr Topping noted that the dispatched fire truck sunk into the lane in spots where it was flooded and soft. Mr Topping claimed that the planning report does not take into consideration healthy and safe communities as they need ambulances and emergency vehicles to be able to get to residents down Noble Lane. Mr. Topping stated that cows impede the lane way and often the residents are trapped. Mr. Topping opined that there are fundamental issues with the Townships
Page 2 of 5
Minutes of Committee Of Adjustment May, 9, 2019 interpretation of the official plan and as such he and his wife obtained a peer review from IBI Group, which is a planning consultation firm. Mr. Topping detailed that residents have concerns with respect to the increase in traffic a new lot creation would create. It was Mr. Toppings opinion that if the lot was to be sold and the applicants were to benefit from the sale with the Lane in the state it currently is it would be a gross injustice as there are cows all over the road and farm equipment and machinery along the road. A Revill - please keep your comments to planning matters. S Topping -they are A Revill - farming matters are not a planning matter. S Topping - I would like to go on record to note that farming is having a direct impact on the state of the Lane. K Gee - clarification - is it true that no new lots are allowed on a private lane. C Dodds - Leah was correct, generally speaking the Province has discouraged Planning authorities from creating new lots on private roads. When the County Official Plan was undertaken there was recognition that most of the development in South Frontenac and Frontenac County is on private lanes. The Province allowed for the creation of new lots on Private Lanes with waterfront to continue - however, there are standards if a new private lane is to be developed. This situation is the creation of a lot on an existing Private Lane. M Nolan - can someone speak to the notice that was given? M Hannah - notice was circulated to all Neighbours within 60 metres of the Nobles Property by mail on April 25, 2019 consistent with the Planning Act. There were also orange notice cards posted by the applicant before that date, on approximately April 23, 2019. R Ruttan - I have concerns over the road not because of the maintance but with the cows at large and with the amount of water frontage that the new lot will enjoy. 6
Minor Variance Applications:
a)
MV-08-19-B Finlay & Catana Part Lots 33 and 34 Concession 5, Being Part 1 on Plan 13R-15166 and Parts 1-4 on Plan 13R17510, municipally known as 295B Alf Patterson Lane, Crowe Lake, District of Bedford, Township of South Frontenac. To increase the maximum allowable height for an accessory building from 19.7 ft (6 metres) to 27.7 ft (8.4 metres) to permit the construction of a new garage with a storage loft to the northeast of the existing cottage. The applicant is seeking relief from Section 10.3.2 Limited Services Residential Waterfront (RLSW) Zone Accessory Buildings not attached to the Principal Building which requires the maximum building height to be 19.7 ft (6 metres). Resolution No. C of A: 2019:04:5 Moved by Mike Howe Seconded by Randy Ruttan THAT the South Frontenac Township Committee of Adjustment hereby approves Minor Variance Application MV-08-19-B by Stephen Finlay & Sandra Catana to permit an increase in height for an Accessory building not attached to the principal building in the Limited Service Residential - Waterfront (RLSW) zone from 19.7 feet (6 metres) to 27.7 feet (8.4 metres) in Part Lots 33 and 34, Concession 5, being Part 1 on Plan 13R15166 and Parts 1-4 on Plan 13R17510,
Page 3 of 5
Minutes of Committee Of Adjustment May, 9, 2019 District of Bedford, Township of South Frontenac, municipally known as 295B Alf Patterson Lane, Crow Lake, subject to conditions. Carried b) T. Gravel presented the planning report and recommended conditions. M. Nolan - visited the location and he is in favour of the application - he believes the proposed location is in a gully which will aide in reducing the actual height of the proposed garage, there is a building in front and appears to be two-storeys high which is the same height of the proposed garage. M. Nolan stated that this building will be in behind everyone else and the hydro lines are well removed. However, the adding of wash basins cause concern because they were not going to be plumbed in but the guidance would note that they be not allowed or that the wash basins be plumbed in. R. Ruttan - would like clarification same as Mike noted - where is the water going if the wash basins will not be plumbed in? Is there a plan to connect to the existing septic? This was not indicated in the application. Applicant - S. Finlay - The stake is where the garage is going - and it is a depression. The first thing you learn in shop class is that you have a wash basin for the garage - we don’t need sleeping space and they will be roughed in but will not be connected to septic right away. R. Ruttan - my concern is that it says plumbing fixtures although I do not have concerns with the application overall but because at some point it will be connected to a septic and that becomes problematic, if it was addressed before it would not be an issue. T. Gravel - Public Health comments have indicated that the applicants have applied for a permit but they do not specifically speak to the entirety of the permit and what it entails. R. Revill - advised that this issue will be spoken to at the building permit stage and the building officials will deal with this - it will have to be done through a grey water pit or would be plumbed into the septic. S. Finlay - noted that he did fill out the application with respect to it being a washbasin and it was part of the Public Health Approving the permit. C. Dodds - under our existing zoning plumbing is permitted in a garage. In the absence of a minor variance the Building Permit could have been issued including the washbasin. R. Ruttan - I must have missed the Public Health application or it was not there. c)
MV-07-19-B Faucher Part of Lot 34 Concession 5, 13R19133, municipally known as 158 Lone Ridge Lane, Crowe Lake, District of Bedford, Township of South Frontenac. The applicant is seeking relief from Section 5.24.2 of the Township of South Frontenac Zoning By-law to permit an accessory building, being a detached garage, in the front yard of a waterfront property that contains an existing residential dwelling located in the Limited Services Residential Waterfront (RLSW) Zone. Resolution No. C of A: 2019:04:6 Moved by Mike Nolan Seconded by Ray Leonard
Page 4 of 5
Minutes of Committee Of Adjustment May, 9, 2019 THAT the South Frontenac Township Committee of Adjustment hereby approves minor variance application MV-07-19-B by Jean Faucher to permit the construction of an accessory building, being a detached garage, in the front yard of a waterfront property located at Part Lot 34, Concession 5, being Part 1 on Plan 13R19133, District of Bedford, Township of South Frontenac, municipally know as 158 Lone Ridge Lane, Crow Lake. Carried d) M Nolan - I visited the residence and could not see any other spot for the garage to be situated. No one could see the structure from the lake and the Applicant has plans to put solar panels on the garage to power the garage off grid which is a great idea. A Revill - advised that he also visited the side and can see no other place to put the structure and he is happy to support the application. e)
MV-10-19-L Zanetti Part Lot 1, Concession 13, beingLot 1, Plan 1901, municipally known as 2359 Meredith Lane, Mink Trap Lake, District of Loughborough, Township of South Frontenac. To permit the demolition and reconstruction to an existing cottage within the 30 metre (98.4 ft) setback to the highwater mark from 30 metres (98.4 ft) to 22 metres (72.18 ft) to permit the construction of the living room and den at the north side of the cottage and main floor bedroom and rear foyer at the southeast corner of the cottage. The applicant is seeking relief from Section 5.8.2a Flooding and Shoreline Erosion Hazards and Section 8.3.2 of the Waterfront Residential (RW) Zone. Resolution No. C of A: 2019:04:7 Moved by Ray Leonard Seconded by Mike Nolan THAT the South Frontenac Township Committee of Adjustment hereby defers making a decision on minor variance application MV-10-19-L by Dan and Claire Zanetti to allow for further consultation with KFL&A Public Health. Carried
7
Other Business
8
Adjournment
a) Resolution No. C of A: 2019:04:8 Moved by Mike Nolan Seconded by Ray Leonard THAT the April 11, 2019 meeting of the South Frontenac Committee of Adjustment is hereby adjourned at 7:54 p.m. to reconvene on Thursday, June 13, 2019 at 7:00 p.m. or at the call of the Chair. Carried
Alan Revill, Chair
Page 5 of 5
