Committee Of Adjustment - 09 Nov 2017 - Agenda

Published November 9, 2017

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Reading Time 47 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 9, 2017 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:

7:00 PM, Thursday, November 9, 2017 Council Chambers.

Call to Order

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – [October 12, 2017]

Resolution

New Consent Applications:

S-51-17-P - Jan Pacan - Cocession 5, Part Lot 1, Alton Road West, District of Portland - Consent to create a lot addition

12 - 14

S-52-17-B - Joan McSorley - Concession 3, Part Lot 6, McGowan Lane, District of Bedford - Consent to create a lot addition

15 - 17

S-53-17-P - Robert Smith - Concession 6, Part Lot 18, CamdenPortland Boundary Road, District of Portland - Consent to create a new residential lot

18 - 20

2 - 11

S-54-17-P - Robert Smith - Concession 6, Part Lot 18, CamdenPortland Boundary Road, District of Portland - Consent to create a new residential lot d)

S-55-17-P - Everett Kerr - Concession 5, Part Lot 6, Road 38, District of Portland - Consent to create a new commercial lot

21 - 23

New Minor Variance Applications:

MV-42-17-B - Teresa Verlinden & Elizabeth Brown, Concession 11, Part Lot 23, Dairy Lane, District of Bedford - Variance to permit an increase in lot coverage for a principal structure to 7% from 5%

24 - 26

MV-43-17-L - Robert Colangeli and Julie McGinn - Concession 1, Part Lot 8, Burega Lane, District of Loughborough - Variance to permit a reduction in setback from a private lane (right-of-way) to 10 metres from 15 metres

27 - 29

Other Business

Adjournment

Resolution

Page 1 of 29

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 17:08 October 12, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) David Hahn (Bedford District) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) John McDougall (Portland District-C)

ABSENT WITH REGRETS:

John Sherbino (Loughborough District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: S-53-13-S, S-54-13-S (Pilon) …………………………………………………………………. 2 Item #6: S-47-17-B (Phillips) ………………………………………………………………………………. 3 Item #7: S-48-17-S (Thompson)………………………………………………………………………….. 4 Item #8: S-49-17-B (Doornekamp) ………………………………………………………………………. 5 Item #9: S-50-17-P (Morey)………………………………………………………………………………… 6 Item #10: MV-40-17-S (Floyd) …………………………………………………………………………….. 8 Item #11: MV-41-17-S (McKay) …………………………………………………………………………… 9 Item #12: Other Business …………………………………………………………………………………… 9 Item #15: Adjournment …………………………………………………………………………………….. 10 Item #1: Call to Order RESOLUTION:

C of A: 17:09:01

Moved by: R. Sutherland

Seconded by: R. Sleeth

THAT the October 12, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the Chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION: Moved By: K. Gee

C of A: 17:09:02 Seconded By: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the September 14, 2017 meeting of the Committee, as circulated.

Page 2 of 29

2 Carried Item #5: S-53-13-S, S-54-13-S (Pilon) Speaking to the Application: Michael Keen (agent, Fotenn Planning consultants) Discussion: This application was originally brought to the Committee in November 2013, but was deferred pending further analysis and comments by Cataraqui Region Conservation Authority. Original Proposal: The subject lands consist of 101+ acres fronting on Washburn & Sunbury Roads. Applications S-53-13-S and S-54-13-S are for the creation of a 3.7 acre and a 2 acre residential lot. There is a large drain running along the west side of S-53-13-S, with run-off running under Washburn Road. A condition has been included which requires that the owner of the lot created through consent application S-53-13-S maintain the portion of the drain which runs through that lot. The applicant has adjusted the frontage on Washburn Road for S-53-13-S based on results from further environmental assessments. The frontage proposed now is 97.8 metres. The frontage on Washburn Road for S-54-13-S remains unchanged at 76 metres. This adjustment of frontage reduces the frontage of the retained parcel on Washburn Road to 26.8 metres. The planning department is able to support the applications for the creation of both new lots. Cataraqui Region Conservation Authority has completed a detailed analysis of the proposal. The drain running through the western proposed lot (S-53-13-S) created a situation where there insufficient space for a building envelope which met all the required setbacks. The applicant hired Greer Galloway Group to determine a location for a building envelope on this lot as well as determine an appropriate driveway location. The result of this study was provided to CRCA for review. The CRCA agreed to permit cut and fill on the proposed lot to allow for the construction of a new driveway based on an entrance approved by Public Works. As a result CRCA now have no objections to the proposal based on the revised size of the western lot. KFL&A public health has no objections to the proposal. Public Works has no objections. The building department has no objections. RESOLUTION:

C of A: 17:09:03

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-53-13-S by Ben and Michelle Pilon, to create a new lot, in Concession 7, Part Lot 16, Washburn Road, District of Storrington, subject to conditions. RESOLUTION:

C of A: 17:09:04

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-54-13-S by Ben and Michelle Pilon, to create a new lot, in Concession 7, Part Lot 16, Washburn Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-53-17-S, S-54-13-S Ben and Michelle Pilon Concession 7, Part Lot 16, Washburn Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create two new lots Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands

Page 3 of 29

3 shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-53-13-S shall be for the creation of a 3.7 acre lot, with a minimum of 97.8 metres of frontage on Washburn Road. 3. The land to be severed by Consent Application S-54-14-S shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Washburn Road. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-53-13-S. 8. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-54-13-S. 9. The owner of the lot created through consent S-53-13-S shall be responsible for the ongoing maintenance of the drain which runs through the west side of the lot. 10. The applicant shall enter into a development agreement to be registered on title to the parcel to be severed through consent application S-53-13-S, which deals with the Township’s environmental policies, as well as the requirement for the owner to contact the Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit. Item #6: S-47-17-B (Phillips) Speaking to the Application: None Speaking Discussion: Page 4 of 29

4 The subject land consists of 110 +/- acres with frontage on Burridge Road, Sellers Lane and Green Lake. The lot is currently developed with a seasonal dwelling and a detached accessory building. The proposal is for the creation of a 2.8 acre waterfront residential lot with 100 metres of frontage on Green Lake and 77 metres of frontage on Sellers Lane. This new lot would encompass both of the existing structures on the property. The applicant has also proposed to create a new 6.1 metre wide right-of-way from Sellers Lane along the existing driveway access to 109 Sellers Lane. Section 5.7.7 (ii) c) of the current Official Plan states that “Severances for new waterfront limited service residential lots may be permitted on newly created private roads provided the new private road intersects with an existing public road and is designed and constructed in accordance with Township standards for new private roads.” The proposal for the right-of-way has the effect of creating a new private lane off an existing private lane and does not comply with Official Plan. As the proposed lot has the required minimum frontage on Sellers Lane there is sufficient space to accommodate a driveway from Sellers Lane without creating a new right-of-way. The applicant has submitted a Preliminary Environmental Impact Assessment completed by Ontario Lake Assessments which evaluated both the proposed lot and right-of-way. It examined the potential impact on the natural environment and looked at species-at-risk, including Blanding’s turtles and eastern rat snakes. While the presence of both species in the area was discussed, the areas of concern with regards to these species are located away from any potential building areas. This report was favourable for the applicant. The planning department is able to support the application for the proposed new lot but not the application for the proposed right-of-way. This item is required to be deferred and re-advertised as the applicants agent advised the planning department that the signs were not posted in accordance with the Planning Act. The applicant also wished to alter the original submission, including lot dimensions. Once a new proposal has been received, along with comments from KFL&A Public Health, this application will be re-advertised and a new public meeting will be held. Rideau Valley Conservation Authority has no objections to the creation of either the proposed lot or right-of-way, provided some specific recommendations are addressed, including site plan agreement and discussion with Ministry of Natural Resources regarding potential species-at-risk. KFL&A Public Health requested a deferral of the application as they had not yet been able to visit the site or complete their evaluation. Comments from Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:04

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-47-17-B by Karen and Larry Phillips, to create a new lot, in Concession 9, Part Lot 27/28, Sellers Lane, District of Bedford, subject to receipt of a revised proposal and comments from KFL&A Public Health. Carried Item #7: S-48-17-S (Thompson) Speaking to the Application: Anne Levac (agent) Discussion: The subject land consists of 4.2 +/- acres with frontage on Thompson Lane, Goldfinch Lane and Dog Lake. The lot is currently developed with a seasonal dwelling, a temporary dwelling, a sleeping cabin and a detached accessory building. The proposal is for the addition of a 1.3 acre parcel of land to 1490 Thompson Lane, which is currently only 0.5 acres in size. The addition to 1490 Thompson Lane would significantly increase the size of the lot and bring it much closer to conformity with the size required by the Comprehensive Zoning By-Law 2003-75. This lot addition parcel would encompass the detached accessory building and the sleeping cabin. The retained parcel would be 2.9 acres in size and retain the required frontage on both Thompson Lane and Dog Lake. The planning department is able to support the application for the proposed lot addition. Rideau Waterway Development Review Team has evaluated the proposal and has no objections to the proposal. Parks Canada – Rideau Canal Office noted that there is no permit for the existing oversized dock that would form part of the severed parcel. They have indicated the applicant should contact their office to discuss how to bring this structure into conformity. Comments from KFL&A Public Health and Public Works were not required.

Page 5 of 29

5 The building department has no objections. RESOLUTION:

C of A: 17:09:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-48-17-S by Earle and Patricia Thompson, to approve a lot addition, in Concession 9, Part Lot 20, Thompson Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-48-17-S Earle Thompson, Patricia Thompson Concession 9, Part Lot 20, Thompson Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-48-17-S shall be for the creation of a 1.3 +/acre lot addition only, to 1409 Thompson Lane (ARN 102907006025700).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Item #8: S-49-17-B (Doornekamp) Speaking to the Application: Katherine Doornekamp Discussion: This application was previously submitted to the Committee and granted Provisional Consent in May
The applicant did not fulfill the conditions of severance within the required one year time period and the application lapsed. This resubmitted application is exactly the same as was approved in

The subject land consists of 103 +/- acres with frontage on Devil Lake Road. The lot is currently vacant. The proposal is for the creation of a 20 acre lot at the south end of the subject land. The retained parcel will be approximately 83 acres in size. The planning department is able to support the application for the proposed new lot. Comments were not required from Cataraqui Region Conservation Authority. KFL&A public health has no objections and stand by their prior approval Public Works has no objections. The building department has no objections. RESOLUTION: Moved by: J. McDougall

C of A: 17:09:07 Seconded by: D. Hahn

Page 6 of 29

6 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-49-17-B by Arie and Katherine Doornekamp, to create a new lot, in Concession 12, Part Lot 13, Devil Lake Road, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-49-17-B Arie Doornekamp and Katherine Doornekamp Concession 12, Part Lot 13, Devil Lake Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-49-17-B shall be for the creation of a 20 +/acre lot, with approximately 335 metres of frontage on Devil Lake Road.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item #9: S-50-17-P (Morey) Speaking to the Application: Neil Morey Discussion: Page 7 of 29

7 The subject land consists of 180 +/- acres (72.8 hectares) with frontage on Hinchinbrooke Road North. The lot is currently developed with a single detached dwelling and accessory building. The proposal is for the creation of a minimum 2 acre residential lot with a minimum of 76 metres of frontage on Hinchinbrooke Road North. The retained parcel will be approximately 178+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Comments were not required from Quinte Conservation Authority. KFL&A public health has no objections to the proposal. They have indicated that while the site is flexible in siting a sewage system, it will have to be located in an area of the lot where soil exists at a minimum depth of 0.25 m2 over an area of 400m2. Public Works has no objections. The building department has no objections. RESOLUTION:

C of A: 17:09:08

Moved by: L. Redden

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-50-17-P by Neil Morey, to create a new lot, in Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-50-17-P Neil Morey Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-50-17-P shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Hinchinbrooke Road North.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds;

Page 8 of 29

8 c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 6. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-50-17-P. Item #10: MV-40-17-S (Floyd) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.43 +/- acres with frontage on Red Maple Lane and Loughborough Lake. The property is currently vacant. The proposal is for the construction of a 915 square foot single detached dwelling to be located a minimum of 24 feet from the rear property line. The proposed location for the dwelling is outside the 30m required setback from the high water mark of Loughborough Lake and meets all other requirements of the zoning by-law. Given the small size of the lot and the location of the existing garage and septic system there is limited space on the lot to meet all the required setbacks. The Planning Department is able to support the application. Comments from KFL&A Public Health were not required. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. RESOLUTION:

C of A: 17:09:09

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-40-17-S by Daniel and Jeanette Floyd to permit a reduction in rear yard, in Concession 2, Part Lot 13, Red Maple Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-40-17-S Daniel & Jeanette Floyd Concession 2, Lot/Part Lot 13, Red Maple Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in rear yard Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a 915 square foot detached accessory building to be located a minimum of 24 from the rear property line of 4464 Red Maple Lane.
Minor variance MV-40-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Page 9 of 29

9 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #11: MV-41-17-S (McKay) Speaking to the Application: Rod and Margie McKay Discussion: The subject land consists of 2.77 +/- acres with frontage on Sydenham Road. The property is currently developed with a single detached dwelling and two detached accessory buildings. The proposal is for the demolition of the two accessory buildings and the construction of a new 26 foot by 28 foot storage garage with a finished height of 26 feet. The increase in height is to permit an upper level loft area for storage purposes only. The maximum permitted height for a detached accessory building is 19.7 feet The Planning Department is able to support the application. Comments from KFL&A Public Health, Cataraqui Region Conservation Authority and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:09:10

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-41-17-S by Roderick and Margaret McKay, to permit an increase in height of an accessory building, in Concession 7, Part Lot 13, Sydenham Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-41-17-S Roderick & Margaret McKay Concession 7, Lot/Part Lot 13, Sydenham Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 7.3.2 of the Comprehensive Zoning By-law 2003-75 to permit an increase in height of a detached accessory building Date of Hearing: October 12, 2017 Date of Decision: October 12, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a detached accessory building with a maximum finished height to the peak of 26 feet. There is no living space permitted in the upper level loft, it is for storage purposes only.
Minor variance MV-41-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #12: Other Business Ross Sutherland inquired regarding training for Committee members regarding processes and responsibilities for Committees of Adjustment. Alan Revill raised the issue regarding holding public meetings in the winter months, especially when applicants’ properties are located on private lanes which often are not winter maintained. He suggested the possibility of postponing the hearing of applications and the holding of public meetings until all required comments had been received by the planning department. This would allow both the applicant and any interested public party to be present at the same time and hear the discussions of the Committee members rather than having to return at a later date due to deferral of application for Page 10 of 29

10 lack of information. David Hahn and Ron Sleeth agreed that the current system of advertising the public meetings then deferring for lack of information can be very confusing and frustrating. Item #15: Adjournment RESOLUTION: Moved by: J. McDougall

C of A: 17:09:11 Seconded by: L. Redden

THAT the October 12, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 7:30 p.m. to reconvene at 7:00 p.m. on Thursday, November 9, 2017 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

Page 11 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

S-51-17-P Jan Pacan Concession 5, Part Lot 1, Alton Road West, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.

BACKGROUND The subject land consists of 15.95 +/- acres with frontage on Alton Road West. The lot is currently developed with a single detached dwelling and multiple detached accessory buildings. The proposal is for the creation of a 0.32+/- acre lot addition, with 70 feet of frontage on Alton Road West, to 3648 Alton Road West (ARN 102908002003402). The retained parcel will be approximately 15.5 +/- acres in size. This proposed lot addition would increase the size of an existing undersized lot while maintaining sufficient size and road frontage on the retained parcel. The planning department is able to support the application for the proposed lot addition. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-51-17-P shall be for the creation of a 0.32 +/acre, maximum 70 feet of frontage on Alton Road West, lot addition only to 3648 Alton Road West (ARN 102908002003402).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Page 12 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

ATTACHMENTS Map of Pacan Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 13 of 29

µ PACAN S-51-17-P

Lot to be Enlarged

3656 Alton Road West

White Property Pacan Property Pacan Proposed Lot Addition LOUGHBOROUGH PORTLA

Retained Parcel

Legend

3644 Alton Road W

3666 Alton Road West

3648 Alton Road W

ALTON ROAD W

ND BOUNDARY ROAD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 14 of 29

Scale 1:1,945 0 5 10

40 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

S-52-17-B Joan McSorley Concession 3, Part Lot 6, McGowan Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.

BACKGROUND The subject land consists of 33 +/- acres (13.4 hectares) with frontage on McGowan Lane and Thirty Island Lake. The lot is currently vacant. The proposal is for the creation of a 2.1+/- acre lot addition, with frontage on McGowan Lane and Thirty Island Lake, to 144 McGowan Lane (ARN 102902004006600). The retained parcel will be approximately 31+/- acres in size. This lot addition will increase the size of an existing undersized lot and regularize an oddly shaped larger lot. The planning department is able to support the application for the proposed lot addition. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Quinte Conservation Authority has no objections to the proposed lot addition. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-52-17-B shall be for the creation of a 2.1 +/acre lot addition only to 144 McGowan Lane (ARN 102902004006600).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].

Page 15 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. Prior to the stamping of the deeds, the applicant shall rezone the lot addition parcel from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see Planner Lindsay Mills to begin this process.

ATTACHMENTS Map of McSorley Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 16 of 29

µ MCSORLEY S-52-17-B

Retained Parcel Thirty Island Lake

132 McGowan Lane

Legend Paterson Property McSorley Property

144 McGowan Lane

McSorley Proposed Lot Addition

155 McGowan Lane

MCGO WAN L A

Lot to be Enlarged

CO SE

NL VE EA

85 McGowan Lane Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

359 James Wilson Road Page 17 of 29

M JA

ON ILS

AD RO

While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale 1:3,111 0

UTM Projection NAD 83

120 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

S-53-17-P, S-54-17-P Robert Smith Concession 6, Part Lot 18, Camden-Portland Boundary Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create two new lots be considered for passage.

BACKGROUND The subject land consists of 53 +/- acres (21.4 hectares) with frontage on Camden-Portland Boundary Road and Bradford Road. The lot is currently developed with a single detached dwelling, a detached accessory building and an agricultural building. The proposal is for the creation of two new residential lots, each would be approximately 4.9 acres in size. The proposed northern lot (S-53-17-P), with frontage only on Camden-Portland Boundary Road, would encompass an existing agricultural building on the property. The Township’s Comprehensive Zoning By-law 2003-75 regulates properties between 3 acres and 25 acres in size under Section 5.41 Hobby Farm. At 4.9 acres in size the maximum number of animal units permitted by the zoning by-law is 2 animal units. The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) states that on properties with less than 5 animal units there is no requirement to complete a Minimum Distance Separation (MDS) calculation; as such no MDS calculation was needed for this severance application. There will be a condition that requires the registration of this lot prior to the stamping of the deeds for the southern lot, should the committee grant provisional consent to these applications. The proposed southern lot (S-54-17-P) has frontage on both Camden-Portland Boundary Road and Bradford Road. The retained parcel will be approximately 43+/- acres in size and encompass the existing dwelling and detached accessory building. The planning department is able to support the application for both the proposed lots. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS Comments from Quinte Conservation Authority were not required. Comments from KFL&A Public Health have yet to be received. Public Works have no objections. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].

Page 18 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. The land to be severed by Consent Application S-53-17-P shall be for the creation of a 4.9 +/acre lot with approximately 119 metres (391 feet) of frontage on Camden-Portland Boundary Road. 3. The land to be severed by Consent Application S-54-17-P shall be for the creation of a 4.9 +/acre lot with approximately 115 metres (379 feet) of frontage on Camden-Portland Boundary Road and approximately 155 metres (510 feet) of frontage on Bradford Road. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of each parcel to be severed through consent applications S-53-17-P and S-54-17-P in lieu of parkland [Planning Act, s. 51(1)]. 7. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 8. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for each of the parcels severed through consent applications S-53-17-P and S-54-17-P. 9. The lot to be created through consent application S-53-17-P must be registered prior to the stamping of the deed for the lot to be created through consent application S-54-17-P.

ATTACHMENTS Map of Smith Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 19 of 29

CAMDEN PORTLA

ND BOUNDA RY RO

SMITH S-53-17-P S-54-17-P

4695 Camden Portland Boundary Road

Legend Smith Property Smith Proposed Lots

RETAINED PARCEL 4684 Camden Portland Boundary Road

S-53-17-P (4.9 acres)

Napanee River

4676 Camden Portland Boundary Road

S-54-17-P (4.9 acres)

4668 Camden Portland Boundary Road

BRADFORD ROAD WEST

Page 20 of 29

4601 Camden Portland Boundary Road

Scale 1:3,111 0

UTM Projection NAD 83

120 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

S-55-17-P Everett Kerr Concession 5, Part Lot 6, Road 38, District of Portland, Township of South Frontenac Purpose of Application: Consent to create new commercial lot Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a commercial lot be considered for passage.

BACKGROUND The subject land consists of 57.75 +/- acres (23.4 hectares) with frontage on Road 38 and Alton Road West. The lot is currently vacant. The proposal is for the creation of a new commercial lot with a minimum size of 2.0 acres and approximately 99 metres of frontage along Road 38. The retained parcel will be approximately 55+/- acres in size. The planning department is able to support the application for both the proposed lot. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Areas Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS Comments from Cataraqui Region Conservation Authority were not required. Comments from KFL&A Public Health have yet to be received. Public Works have no objections to the proposal but have indicated a specific location for the entrance to the proposed lot opposite to the existing entrance to Centennial Park Road. Further entrance and/or road upgrades will be evaluated during the rezoning and site plan process. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-55-17-P shall be for the creation of a minimum 2.0 acre lot with approximately 99 metres (326 feet) of frontage on Road 38.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.

Page 21 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The Township of South Frontenac shall receive 2% of the value of the parcel to be severed through consent application S-55-17-P in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent applications S-55-17-P. 8. Prior to the stamping of the deeds the applicant must rezone the lot to be created through consent application S-55-17-P from Rural (RU) to Urban Commercial (UC).

ATTACHMENTS Map of Kerr Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 22 of 29

GRAHAM ROAD

PARK STREET

KERR S-55-17-P RETAINED PARCEL

5119 Road 38

Legend Kerr Property Kerr Proposed Lot (2 acres)

ROAD

ROAD 38

RK CENTENNIAL PA

5086 Road 38 5085 Road 38

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

TREET DAM E S

Page 23 of 29

NOTRE

5074 Road 38

Scale 1:1,873 0 5 10

40 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

MV-42-17-B Theresa Verlinden, Elizabeth Brown Concession 11, Lot/Part Lot 23, Diary Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 10.3.1of the Comprehensive Zoning By-law 2003-75 to permit an increase in lot coverage of a principal building from 5% to 7% Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit an increase in lot coverage for a principal building be considered for passage.

BACKGROUND The subject land consists of 1.06 +/- acres with frontage on Diary Lane and Wolfe Lake. The property is currently developed with a single detached dwelling. The proposal is for the demolition of the existing building and the construction of a new dwelling with attached garage. The proposed dwelling, with attached decks and garage would have a total finished footprint of 3250 square feet and would be located a minimum of 30.6 metres from the high water mark of Wolfe Lake. The property is zoned Limited Service Residential Waterfront (RLSW) which permits a maximum of 5% lot coverage; based on the size of the property, this permits a maximum footprint for the principal dwelling of 2300 square feet. At 3250 square feet the total lot coverage would be 7% rather than the permitted 5%. The reason for the request for an increase in lot coverage is to permit a fully accessible building based on minimum clearances required for wheelchair accessibility, as the applicants have a son with mobility issues. They have requested an attached garage, which increase the lot coverage of the principal building, to allow safe access to and from the building and into their vehicle for their son. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: RLSW (Limited Service Residential Waterfront) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

Page 24 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

AGENCEY ANALYSIS AND COMMENTS KFL&A Public Health have no objections to the proposal as the applicants have submitted an application for a new septic system which would accommodate the proposed structure. Comments from Rideau Valley Conservation Authority and Public Works were not required. The building department has no objections.

CONDITIONS

This minor variance is for the demolition of the existing dwelling and construction of a maximum 3250 square foot footprint single detached dwelling.
Minor variance MV-42-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Verlinden/Brown Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 25 of 29

20 Dairy Lane

DAIRY LANE

VERLINDEN BROWN MV-42-17-B

Legend Verlinden-Brown Property

100'8"

Proposed Structure Proposed Decks

Proposed New Dwelling

Existing Buildings

Wolfe Lake

Existing Cottage to be Removed 30 Dairy Lane

Page 26 of 29

40 Dairy Lane

Scale 1:719 0

3.5

UTM Projection NAD 83

28 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: November 3, 2017 Application No: Owner: Location of Property:

MV-43-17-L Robert Colangeli, Julie McGinn Concession 1, Lot/Part Lot 8, Burega Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 5.6.1of the Comprehensive Zoning By-law 2003-75 to permit a reduction in setback from a private lane Date of Hearing: November 9, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit a reduction in setback from a private lane be considered for passage.

BACKGROUND The subject land consists of 6.07 +/- acres with frontage on Burega Lane and Loughborough Lake. The property is currently developed with a single detached dwelling, a sleeping cabin, and a detached storage building. The proposal is for the construction of a 32 foot by 50 foot (1600 square foot) detached accessory building to be located a minimum of 3 metres (10 feet) from the right-of-way which accesses 1219 Burega Lane. There is an existing power line running along the eastern side of the property which limits the opportunity to locate the proposed building any farther from the right-ofway. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: RLSW (Limited Service Residential Waterfront) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS KFL&A Public Health have no objections to the proposal as the applicants have submitted an ap Comments from KFL&A Public Health, Cataraqui Region Conservation Authority and Public Works were not required. Page 27 of 29

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The building department has no objections.

CONDITIONS

This minor variance is for the construction of a 1600 square foot footprint detached accessory building, to be located a minimum of 3 metres from the right-of-way which accesses 1219 Burega Lane.
Minor variance MV-43-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

ATTACHMENTS Map of Colangeli Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 28 of 29

BUREGA LANE

COLANGELI MV-43-17-L

Legend Colangeli Property Colangeli Proposed Garage

Proposed New Garage

Existing Buildings

EG UR

N LA

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

Loughborough Lake

Page 29 of 29

L MU

YL RR BE

Scale 1:1,245 0

40 Meters

UTM Projection NAD 83

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