Committee Of Adjustment - 09 Nov 2023 - Agenda

Published November 9, 2023

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 9, 2023 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, 2023 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution.

Adoption of Agenda

Resolution.

Electronic Meeting Information

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/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.

Declaration of pecuniary interest

There are none.

Approval of Minutes – October 12, 2023 Meeting

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2023-0103 (Deroche) - Loughborough

4-7

8 - 42

Property Address: 1048 Shallow Lane Purpose & Effect of the Application: Consent for the creation of one new limited-service residential lot, being 2.0 acres in area, with frontage on Shallow Lane. The retained property would be 2.5 acres in area with frontage on Dusty Lane and Sydenham Lake. 8.

Minor Variance / Permission Applications from a Previous Meetings: (if

Page 1 of 174

applicable) a)

PL-ZNA-2023-0046 (Sheridan) - Bedford District

43 - 68

Property Address: 144 Timmerman Road Purpose & Effect of the Application: To permit a 98.2 sqm detached accessory structure to be setback 3.4 metres from the front lot line, whereas the Zoning By-Law requires 20 metres. 9.

New Minor Variance / Permission Applications:

PL-ZNA-2023-0105 (Todd) - Loughborough District

69 - 91

Property Address: 5970 Bedford Road Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge an existing 40.1sqm single storey legal non-conforming dwelling located within 30m of the highwater mark of Cronk Lake. The existing dwelling is also non-conforming as it is one of three dwellings currently on the property. The existing building will be raised and a new foundation and ground floor storey will be added underneath the existing structure. The footprint of the structure will also be expanded with an addition with a ground floor area of 10.4sqm. The addition will extend closer to the water than the existing dwelling. The gross floor area of the structure will increase from 40.1sqm to 101sqm and the height of the structure will increase from 4.3m to 6.6m b)

PL-ZNA-2023-0110 (Wilson) - Storrington District

92 120

Property Address: 20500 Bearberry Island Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming use. The subject property contains a seasonal dwelling with a gross floor area of 134.5sqm and a height of 4.8m, setback 6.3m from Loughborough Lake. The applicant is proposing a new enlarged seasonal dwelling with a gross floor area of 251.5sqm and a height of 8.2m, setback 9.7m from Loughborough Lake. The proposed dwelling would occupy a lesser footprint but would include an additional storey. c)

PL-ZNA-2023-0122 (Pritchard) - Bedford District

121 145

Property Address: 55 Oak Shores Crescent Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to

Page 2 of 174

enlarge an existing 70.6sqm deck attached to an existing dwelling. The existing deck and dwelling are legal non-conforming due to being located within 30m of the highwater mark of Bob’s Lake. The existing deck is set back 16.7m from the lake and wraps around the dwelling on three sides. The deck attached to the west side of the dwelling has been expanded. The new overall area of the deck is 91.7sqm and it is set back 15.2m from Bob’s Lake. The deck has been reconstructed and expanded prior to the granting of the required approvals and building permits d)

PL-ZNA-2023-0123 (Kaack) - Loughborough District

146 172

Property Address: 7248 Perth Road Purpose & Effect of Application: The applicant proposes to construct a 97.7sqm single detached dwelling, a new septic system, a 32sqm detached garage, and relocate two existing 9sqm sheds on the property. Minor variances are being requested for relief from the 15m top of bank setback as well as from the 30m setback from a watercourse that runs through the property. The proposed setbacks from the watercourse are 22m for the single detached dwelling, 21m for the septic system, 22m for the detached garage, and 18m for the sheds. The proposed setbacks from top of bank are 6m for the single detached dwelling, 6.5m for the septic system, 22m for the detached garage, and 10m for the sheds. 10.

Other Business

Consent Granting Authority Report

Adjournment

Resolution.

173 174

Page 3 of 174

Minutes of Committee Of Adjustment October, 12, 2023

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Doug Morey Staff: Christine Woods, Senior Planner, Tom Fehr, Planner, Noah Perron, Planner, Kate Kaestner, Secretary-Treasurer & Planning Clerk 1

Call to Order

Adoption of Agenda

Resolution. Resolution No. 2023-09-02 Moved by: Norm Roberts Seconded by Kevin Fox THAT the Committee of Adjustment adopts the Agenda for the October 12, 2023 Committee of Adjustment meeting Carried

Electronic Meeting Information

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

Staff prepared a PowerPoint Presentation that was displayed on the screen of the meeting.

Declaration of pecuniary interest

None declared.

Approval of Minutes – September 14, 2023

Resolution. Resolution No. 2023-09-03

Page 4 of 174

Minutes of Committee Of Adjustment October, 12, 2023 Moved by Alan Revill Seconded by Mike Howe THAT the Committee of Adjustment approves the Minutes of the September 14, 2023 Committee of Adjustment Meeting. Carried 6

Consent Applications from a Previous Meetings: (if applicable)

There are none.

New Consent Applications:

There are none.

8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)

There are none.

New Minor Variance / Permission Applications:

PL-ZNA-2023-0104 (Asselstine) - Loughborough Property Address: 3572 Holleford Road Purpose and Effect of the Application: The applicant seeks relief from section 7.3.2 of Zoning By-Law 2003-75 to permit a 66.8 square metre storage shed to be setback 6.5 metres from the front lot line, and a 12.2 square metre storage shed to be setback 5 metres from the front lot line. Noah Perron, Planner, delivered his presentation to the Committee with a staff recommendation of approval. Chair Ruttan inquired, 3 times, as to whether there were any questions from the applicant, their agent or the public. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from Committee members on the application. Committee Member Howe stated that he had visited the subject property, and that he had no objections to the proposal or to the staff recommendation of approval. Chair Ruttan inquired 2 more times as to whether there were any further comments or questions from Committee members. None heard. Resolution No. 2023-09-04 Moved by: Brett Moreland Seconded by: Norm Roberts THAT the Committee of Adjustment approves Minor Variance application PLZNA-2023-0104 for property municipally known as 3572 Holleford Road to permit two accessory structures, being a 12.2 square metre storage shed and a 66.8 square metre storage shed to be constructed 6.5 metres from the front lot line, subject to conditions. Carried

Page 5 of 174

Minutes of Committee Of Adjustment October, 12, 2023 b)

PL-ZNA-2023-0108 (Sleeth) - Storrington Property Address: 122 Osborne Lane Purpose and Effect of the Application: The applicant seeks to enlarge a legal non-conforming boathouse located on Dog Lake. Zoning By-law 2003-75 classifies boathouses as a prohibited use. The existing boathouse was 44.5 square metres in area and the proposed boathouse is to be 62.4 square metres in area. Tom Fehr, Planner, delivered his presentation to the Committee with a staff recommendation of approval. Chair Ruttan inquired, 3 times, as to whether there were any comments from the applicant, their agent or the public. (None heard). Chair Ruttan inquired as to whether there were any comments from Committee members with respect to the application. Committee member Fox stated that he had visited the subject property and had no concerns with the proposal. Chair Ruttan inquired as to whether there were any further questions from Committee members. Committee Member Revill stated that he was in support of the proposal as the proposed boathouse would be tucked in to the bay area. Chair Ruttan inquired a third time as to whether there were any comments from the Committee. Committee member Roberts stated that he had visited the site and had no issues with the application. Resolution No. 2023-09-05 Moved by Mike Howe Seconded by Steve Pegrum THAT the Committee of Adjustment approves application PL-ZNA-2023-0108 for property municipally known as 122 Osborne Lane, to grant permission to enlarge the legal non-conforming boathouse on the property to be 62.4 metres in floor area, subject to conditions. Carried

Other Business

Consent Granting Authority Report Kate Kaestner, Planning Clerk, delivered her report to the Committee.

Page 6 of 174

Minutes of Committee Of Adjustment October, 12, 2023 11

Adjournment

Resolution. Resolution No. 2023-09-06 Moved by Steve Pegrum Seconded by Mike Howe THAT the October 12, 2023 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 7:16 p.m. to reconvene on Thursday, November 9th, 2023 at 7:00 pm or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 7 of 174

Consent Application

Application Requirements The following items must be submitted with your application. Any application which does not include the below required information may not be accepted or will not be considered complete.

✔ 1. A pre-consultation meeting is a requirement prior to submission of the application. Pre-consultation meeting fee

$108.00

✔ 2. One hard copy of this completed application form signed and commissioned. ✔ 3. A Sketch of your proposal (see Question 25 for details on what to include). The sketch must be drawn with accurate dimensions and measurements. It is recommended that you take your time to carefully assemble the data and crate the sketch. You may wish to secure the assistance of a person who specializes in the drafting of sketches.

✔ 4. The applicable non-refundable application fee, payable to the Township of South Frontenac: Application Type: Consent Application Change of conditions Change of conditions requiring recirculation

Planning Fee: $946.00 $213.00 $373.00

Building Fee: $97.00 Nil $97.00

TOTAL: $1,043.00 $2213.00 $462.00

✔ 5. Agency Review Fees (as applicable). A separate cheque or proof or payment, payable to the applicable Conservation Authority, is to be submitted to the Township with the completed application. The on-site sewage disposal review fee may be included in the payment of the application fee to the Township. Agency: Township of South Frontenac onsite sewage disposal review (per new lot) Cataraqui Conservation (per new lot or lot addition) Quinte Conservation (per new lot or lot addition)

TOTAL: $515 $445 $450

Rideau Valley Conservation Authority (per new lot or lot addition) $500 Please Note: These fees are for consultation on this application only; agencies may require additional fees if permit applications are required prior to any construction.

✔ 6. Required studies & Supporting Information identified at pre-consultation (if applicable) ✔ 7. Deed or transfer, or authorization for Township Staff to acquire title documents (if applicable) Updated January 2023 Planning Act, R.S.O. 1990, c. P.13 as amended

1 Page 8 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION Collection of Personal Information: Personal information requested on the application form is required under the Planning Act. This information will be used by the Township for the purpose of reviewing the application. It may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., K0H 2T0, Phone 613-3763027 ext. 2224). What is considered when reviewing an application? In considering an application, the decision-making approval authority, shall have regard, among other matters, to the health, safety, convenience and welfare of the present and future inhabitants of the municipality and to:                  

The effect of development on matters of provincial interest as referred to in Section 2 of the Planning Act. Whether the proposed severed lot is premature or in the public interest. Whether the consent conforms to the intent of the Official Plan and adjacent plans of subdivision (if any) The suitability of the land for the purposes for which it is being severed If affordable housing units are being proposed, the suitability of the proposed units for affordable housing The number, width, location and proposed grades and elevations of roadways and their adequacy in relation to any proposed roadway linking the proposed severed area with the established roadway system. The dimensions and shape of the proposed lot. Any restrictions on the subject land (or on the buildings and structures to be erected on it) and any restrictions on abutting lands. Conservation of natural resources and flood control. The adequacy of utilities and municipal services. The adequacy of schools. The area of land, if any, exclusive of roadways, that is to be conveyed or dedicated for public purposes (such as for parks). The physical configuration of the new lot having regard to energy conservation. Site Plan Control County of Frontenac Official Plan Township of South Frontenac Official Plan Township of South Frontenac Zoning By-Law Provincial Policy Statement

2 Page 9 of 174

Page 10 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION 4. Have you consulted with Township Planning Staff regarding this application?

✔ Yes

Date Fee Paid: _________________________

Noah Perron

Name of Planner: _____________________

Date of Meeting: ________________________

The description of the subject land:

✔ Bedford

District:

Portland

Loughborough

Storrington

1048 Shallow Lane, Sydenham, ON, K0H 2T0 5 5 Concession Number: _____________________ Lot Number: __________________________

Civic Address: ___________________________________________________________________

Reference Plan Number: ___________________

Part Number(s): _______________________

102904001014400 362791243/362790804 Property Identification Number (PIN): _________________________________________________

Roll Number: ____________________________________________________________________

Indicate the frontage(s), depth and area of the subject land. The subject land is the whole property prior to any changes. Please indicate the name of the road/lane and waterbody (if applicable).

Irregular

Approx. 20 m (Shallow Lane)

Frontage on water (m):_________________

Frontage on road/lane (m): __________________

Sydenham Lake Name of Waterbody:__________________

Name of Road/Lane: _______________________

Irregular

Depth(m): ___________________________

Shallow Lane 4.5 acres/1.82 ha Area(acres/ha): ___________________________

Select the type of consent being applied for:

✔ Creation of a New Lot

Correction of Title

Easement (right of way)

Lease

Lot Addition

Other: _____________________________

Charge/Discharge of Mortgage

Please provide a brief description of your application. Indicate the reason why you are applying for a consent.

Please see Cover Letter.

4 Page 11 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Create a NEW LOT – Complete this section ONLY if you are applying to create a new lot. The following information is regarding the land intended to be severed (created) and the land to be retained. Severed Lot (Proposed new lot):

Retained Lot:

Frontage on Road/Lane (m):

Approx. 20 m (Shallow Lane)

Name of Road/Lane:

Shallow Lane

Dusty Lane

Frontage on Water (m):

Name of Waterbody: Sydenham Lake

Sydenham Lake

Depth (m):

Approx. 117 metres

Irregular

Acres (acres or ha):

2Ac (8,100sqm)

2.5Ac (10,140sqm)

Please list the existing and proposed USES and STRUCTURES. Severed Lot (Proposed new lot): Existing Use of Lot:

Residential

Retained Lot:

Seasonal Residential

Existing One Storey Brick Dwelling Buildings/Structures:

Cottage

Proposed Use of Lot:

Seasonal Residential

Residential

Proposed None Buildings/Structures:

None

5 Page 12 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

LOT ADDITION – Complete this section ONLY if you are applying for a lot addition.

The following information is regarding the land intended to be severed (created) and the land to be retained. Proposed Lot Addition (Severed parcel):

Retained Lot:

Frontage on Road/Lane (m): Name of Road/Lane: Frontage on Water (m): Name of Waterbody: Depth (m): Acres (acres or ha):

The following information is regarding the Benefitting Lands also known as the land being enlarged which are receiving the lot addition. Existing Benefitting Lot: (Before Lot Addition)

Enlarged Lot with added Land: (After Lot Addition)

Frontage on Road/Lane (m): Name of Road/Lane: Frontage on Water (m): Name of Waterbody: Depth (m): Acres (acres or ha):

6 Page 13 of 174

Page 14 of 174

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TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION If access is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road. Parking and Docking for water access only properties MUST be legally deeded access. Please provide confirmation. The New Lot: __________________________________________________________________ The Retained Lot:_______________________________________________________________ 18. What is the zoning of the subject lands? (Check www.frontenacmaps.ca)

Limited Service Residential – Waterfront Zone (RLSW)

What is the current Official Plan Designation of the subject lands?

Rural

Please describe how the application conforms with the Township Official Plan & County Official Plan by citing specific applicable sections and sub sections. Please make sure to look at Sections 5 and 7 in the Township Official Plan and Section 3 in the County Official Plan. If you are unsure, please indicate that you do not know.

Please see Cover Letter.

Is the application consistent with the 2020 Provincial Policy Statement?

✔ Yes

Unknown

Please explain:

Please see Cover Letter.

9 Page 16 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Has the subject land ever been, or is currently, the subject of an application for approval of a plan of subdivision under section 51 of the Planning Act, for a consent under section 53 of the Planning Act, for a minor variance, for approval of a site plan, or for an amendment to an official plan, an amendment to the zoning by-law or a Minister’s zoning order? Complete all applicable Yes Application Type

No Application Number

✔ Unknown Date of Application

Decision

Plan of Subdivision Consent Minor Variance Site Plan Approval Official Plan Amendment Zoning By-law Amendment Minister’s Zoning Order

Has land been previously severed from the subject property, since September 5, 2000? If yes, please provide date of transfer; name of transferee and uses of the land. Yes ___________________________________

✔ No

Did the current owner acquire the subject land as a result of a consent?

Yes

✔ No

Is the applicant requesting a Certificate of Official for the retained land?

Yes

✔ No

** If yes – the applicant must provide a lawyer’s statement that there is no land abutting the subject lands that are owned by the owner of the subject land, other than the land that could be conveyed without contravening section 50 of the Planning Act. 26. A SKETCH must be submitted. For more information on what the sketch needs to show, please see “A guide to completing your consent application form”. If your application is approved and then the required survey shows different frontages, area and location than was submitted, a new consent may be required including submission of a new application and fees.** 10 Page 17 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION Please note that the sketch must include the same metric as on the application, switching between meters and feet will not be acceptable unless both are shown. The sketch must include the following:

✔ A directional arrow with North at the top of the page. ✔ The boundaries and dimensions of the whole property. LABEL the part that is to be severed and the part that is to be retained, including the total area (acres or hectares), road frontages on all roads/lanes for each and waterbodies. Indicate if the owner of the subject property also owns other lands near the proposal.

✔ The distance between the subject land and the nearest road, bridge or railway crossing ✔ The location of all land previously severed from the parcel (if applicable) originally acquired by the current owner of the subject land.

✔ All natural and artificial features that are located on the subject property and on land beside the subject property. Please label and show the approximate location of: a.

Existing Buildings, wells and septic systems, bridges, railways, roads, hydro lines

Waterbodies, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas

Landfills, propane facility, quarry’s and pits

Barns

Note: The existence of a nearby barn will require you to complete a Minimum Distance Separation Calculation in order to consider compatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application. Please include any information on natural and artificial features (as listed above) that in the applicant’s opinion may affect the application

✔ Please indicate the current uses of land that is surrounding the property, such as residential, agricultural and commercial uses (if agricultural, please indicate the approximate distance of any barn structure from the proposed new lot).

✔ The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

11 Page 18 of 174

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION If access to the subject land is by water only, please show the location of the parking and boat docking facilities to be used, and the title documents to demonstrate legal deeded use of these facilities The location and nature of any easement affecting the subject land. The location of any abandoned wells on the property PERMISSION, ACKNOWLEDGEMENT, AGREEMENT AND DECLARATION OF APPLICATION I/ We, the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner agree that the information recorded in this Consent Application Form is accurate and agrees that representatives of the Township and relevant commenting agencies may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. ACKNOWLEDGEMENT OF ADDITIONAL REQUIREMENTS I/ We, the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner, acknowledge that additional studies and/or peer review and/or legal review may be required by the Township as a part of the review of my/our application. Should the need arise, I/we are responsible for completing the studies as requested in order for the application to be deemed complete. Attached to this application is payment to the Township of South Frontenac in the correct amount representing payment of the application fee, and additional payment (or proof of payment) for any required commenting agency review fees. AGREEMENT TO INDEMNIFY The applicant hereby agrees to indemnify and save harmless The Corporation of the Township of South Frontenac (“the Municipality”) from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act. Without limiting the foregoing, such costs will include all legal, engineering, planning, and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Land Tribunal from any decision of the Council, Delegated Decision of Council, or Committee of Adjustments, of their designated approval authority, as the case may be, hearing the applicant’s application. The Owner/Applicant further agrees to provide the Municipality, upon request and in cases where an application has been appealed to the Ontario Land Tribunal, with a deposit (over and above the normal application fee), from which the Municipality may, from time to time charge any fees and expenses incurred by the Municipality to prepare for and participate in the hearing. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days. 12 Page 19 of 174

Page 20 of 174

August 4, 2023 Noah Perron, Planner Township of South Frontenac 4432 George St., Box 100 Sydenham, ON K0H 2T0 Dear Mr. Perron: Re: Consent Application 1048 Shallow Lane, Sydenham, ON We are the agent for Jewel Denison and Kenneth Deroche with respect to the proposed severance outlined below. The lands subject to the Consent application are municipally known as 1048 Shallow Lane and legally described as follows: PT LT 5 CON 5 LOUGHBOROUGH PTS 1-4, 13R5772, EXCEPT PTS 1-10, 15 & 21, 13R19730, S/T FR769662 PARTIALLY RELEASED BY FR780543 & FR781137, T/W FR769662, S/T FR769456, FR769457, FR769458 & FR769459, FR780544, FR780545, FR781141; SOUTH FRONTENAC The subject lands are approximately 4.5 acres (1.82 ha) in area and are bound by Sydenham Lake and seasonal residential properties to the north and other residential properties to the south, east, and west. The subject lands are currently developed with a detached dwelling as well as a seasonal dwelling (cottage), and various accessory structures. The purpose of the Consent application is to create one (1) new lot and one (1) retained lot on the subject property as identified on the enclosed Severance Sketch. The lands that are proposed to be severed are approximately 1.82 acres (.74 ha) in area and have access from Shallow Lane, a private right-of-way. The lands proposed to be retained are approximately 6.28 acres (1.09 ha) in area and have access Dusty Lane, also a private right-of-way. The existing detached dwelling is within the lands to be severed, whereas the existing seasonal dwelling (cottage) is within the lands to be retained. The owners plan to enlarge the cottage by way of an addition at its rear (non waterfront side). Section 1.1.5 of the Provincial Policy Statement (PPS) concerns development on rural lands, and provides that municipalities should direct residential development and lot creation that is locally appropriate. Section 1.1.5 also provides that development shall be compatible with the rural landscape and can be sustained by rural service levels. The proposed development is lot creation by way of the Consent process and the resultant parcels will continue to be serviced by private water and wastewater systems. Specifically, the lands to be severed contain an existing well and septic system; the lands to be retained are currently serviced by lake water and will have wastewater servicing by way of a proposed septic system (as illustrated on the enclosed Severance Sketch).

3240 Drummond Concession 5A, R.R.7. Perth, ON K7H 3C9 | T. 613-267-6524 | F. 613-267-7992 info@mcintoshperry.com | www.mcintoshperry.com

Page 21 of 174

1048 Shallow Lane, Sydenham, ON Consent Application

August 4, 2023

The subject lands are designated Rural in the Township of South Frontenac Official Plan. Further to Section 5.7 of the Township Official Plan, “rurally oriented non-farm residential” is a permitted use in the Rural Designation. Furthermore, as provided in Section 3.3 of the County of Frontenac Official Plan, low density residential development and lot creation through Consent is permitted on Rural Lands. Pursuant to the Township of South Frontenac Comprehensive Zoning By-law No. 2003-75, the subject lands are zoned Limited Service Residential – Waterfront Zone (RLSW). As per section 10.2 of the Zoning By-law, seasonal and single detached dwellings are permitted uses in the RLSW zone. Section 10.3.1 of the Zoning By-law requires that lots have a minimum area of 10,000 square metres and a minimum private lane frontage of 75 metres. Further to discussions with Township Staff, relief from the Zoning By-law to address the above and any other zoning deficiencies will be required as a condition of provisional Consent. Additionally, final confirmation that the lands have legal access over private roads are expected to be addressed as a condition. In support of the Consent application, please find enclosed the following:

One (1) copy of the Consent application
One (1) copy of the Severance Sketch;
One (1) copy of this cover letter explaining the purpose and details of the consent application;
One (1) copy of the Parcel Register;
A cheque in the amount of $1,347.00, made payable to the Township of South Frontenac, representing the application fee. As requested by the Township, cheques made payable to the Township of South Frontenac in the amount of $150 (Pre-consultation fee) and to the Cataraqui Conservation Authority in the amount of $445.00 (review fee) will also be provided. The proposed Consent conforms to the applicable policies of the County of Frontenac Official Plan, the Township of South Frontenac Official Plan, and once the identified zoning deficiencies have been addressed following provisional Consent approval, will comply with the pertinent provisions of the Township of South Frontenac Zoning By-Law. Thank you in advance for your time and consideration. We look forward to receiving notice of the public meeting for the applications. Should you have any questions or require any further information, please do not hesitate to contact the undersigned.

Page 22 of 174

1048 Shallow Lane, Sydenham, ON Consent Application

August 4, 2023

Respectfully submitted,

Vithulan Vivekanandan, MES Pl. Planner T: 613.714.5926 E: v.vivekanandan@mcintoshperry.com u:\infrastructure\2024\pco-24-1359 - deroche severance - 1048 shallow lane\planning\consent\cover letter.docx

Page 23 of 174

inset Map

SOUTH FRONTENAC PL-BDJ-2023-0103 (DENS|SON)(DEROCHE) (MCINTOSH PERRY) 1048 SHALLOW LANE Legend

subject Property Proposed Severance Wooded Area

Lake Trout Lake At capacity

Lake Trout Lake Not at capacity

—

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Retained Lands

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Page 24 of 174

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1024 M

1027 Mozart Lane

1025 Dusty Lane

1023 Mozart Lane

Approx. Proposed Septic Bed

Residential

(10,140 sq. m; 2.5Ac)

Approx. Existing Septic Bed

Dusty Lan

LANDS TO BE RETAINED (~10,860 sq. m)

Approx. Existing Well

Shallow Lane

LANDS TO BE SEVERED (~7,381 sq. m) (8,100 sq. m; 2Ac)

Residential Page 25 of 174

Page 26 of 174

Page 27 of 174

Page 28 of 174

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Page 30 of 174

On Nov 2, 2023, at 6:15 PM, wrote: I did not mention your property line. Sent from my iPhone On Nov 2, 2023, at 5:11 PM,

wrote:

Thank you Sent from my iPad On Nov 2, 2023, at 5:05 PM, wrote: Please pass these comments on to Kate Kaestner: Dear Kate, As owners of a cottage property which is located at we have no issues with the severance proposed in Application PLBDJ20230103. However, we do have concerns over the supporting drawing completed on 2002 Oct.2. It does not show several important changes that have occurred in subsequent years. A parking allotment was established for the use of properties at the end of Dusty Lane. It is not shown on the supporting drawing. Also, the right of way was changed to run from the right had corner of 1022 Dusty Lane rather than straight down through 1024 Dusty Lane. For the benefit of the existing owners of the property to be severed, and for future owners of the severed properties, these changes need to be accurately documented on the supporting drawing. We would like the supporting drawing updated and corrected before the severance meeting occurs.

Page 31 of 174

Please respond that you have received this email, and contact us with any questions or concerns.

Page 32 of 174

Noah Just recently I became aware of the public posting that the neighbour of 1048 shallow lane has applied for severance of his property the water frontage from the main dwelling . The dwelling in question is basically a cabana, in which was raised last fall to put a basement under it without anyone’s knowledge, inside has no running water or even a tile bed . With the concern that it may be turned into commercial use for her business or rental purposes in an area that is zoned residential , which means more traffic on the road that he does not maintain , as well any changes has to take into consideration the underground spring that feeds Sydenham lake only 10 feet away from the dwelling which houses different wildlife through the year. As once the previous owners has attempted such changes and upgrades was declined (Brian &Jean Reed) years back because of the distance from the water to the dwelling……just too close taking into the environmental impact on the lake that is already battered to it’s use . Please keep in touch and I have not received any letter from your office pertaining to this matter .

Page 33 of 174

September 21, 2023

File: SEV/FRS/208/2023

Sent by E-mail Mr. Noah Perron, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0

Dear Mr. Perron: Re:

Application for Consent to Sever PL-BDJ-2023-0103 (Deroche) Pt Lot 5, Concession 5; 1048 Shallow Lane Loughborough District, Township of South Frontenac Waterbody: Sydenham Lake

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses. Summary of the Proposal This application involves the severance of an approximately 0.74 ha (1.83 acre) developed residential lot from an existing developed shoreline residential property. The retained lot would be approximately 1.09 ha (2.69 acres) and is proposed to continue to be used for residential purposes. The severed lot will also continue to be used for residential purposes. The severed lot will not have waterfrontage on Sydenham Lake and the retained lot will maintain water access and waterfrontage on Sydenham Lake. Site Description The subject lands are located to the north of Rutledge Road and Shallow Lane along the southern shore of Sydenham Lake in South Frontenac Township. The severed parcel is proposed in the western portion of the subject lands and currently contains a residential dwelling. Dusty Lane, a private laneway, provides access through the subject lands to existing residential developments along Sydenham Lake. The shoreline bordering the subject lands consists of gradually sloping lands that rise to the north towards Dusty Lane. The retained lot is densely covered in mature trees

Page 34 of 174

Page 2 of 3 and vegetation growth and the severed lot consists of cleared lawn areas with mature trees scattered throughout. There is currently a seasonal dwelling on the retained lot. The subject lands are designated ‘Rural’ per Schedule A of the Township’s Official Plan and are zoned ‘Limited Service Waterfront Residential’ (RLSW) in the implementing Zoning By-law. Sydenham Lake is zoned ‘Environmental Protection’ (EP) in the implementing Zoning By-law. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Sydenham Lake and surface water features. Natural Hazards / Ontario Regulation 148/06 Flooding: The regulatory flood plain of Sydenham Lake is defined as an elevation of 131.6 m GSC. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all buildings and structures to be set back a minimum of 6 metres from a flood plain. Staff are satisfied that there is room on both the severed and retained lots for development to meet this requirement. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards along the shoreline of Sydenham Lake to include an allowance for toe erosion, a stable slope allowance for till shorelines of 3(h):1(v) and 1(h):1(v) for rock, plus an erosion access allowance of 6 metres. As proposed, the severed lot, which is already developed, will be sufficiently sized to accommodate future development well outside the extent of the erosion hazard associated with Sydenham Lake. While the majority of the retained lot consists of gradually sloping lands, staff have concluded that there is sufficient area on the retained lot to contain a suitable building envelope outside the extent of the erosion hazard associated with the shoreline. Surface Water Features: The Township’s Official Plan identifies a watercourse along the eastern border of the subject lands. While the feature is not mapped according to CRCA’s mapping database, LiDAR elevation mapping indicates that there is a valley feature in this area, which may convey drainage from the wetlands located to the southeast, and outlet to Sydenham Lake. If there is a confirmed regulated watercourse in this area, CRCA requires a minimum 30 metre buffer (setback) horizontal from the highwater mark for any new development. The 30 metre setback is consistent with the 30 metre setback in the Township’s zoning by-law. This setback provides a buffer to protect the hydrologic function of the watercourse and to avoid damaging flooding of property and erosion normally associated with these features. Staff have concluded that there is sufficient area on the retained lot to accommodate future development outside the applicable 30 metre setback from the watercourse, if a watercourse is

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 35 of 174

Page 3 of 3 confirmed on site. Additional investigation may be required at the building permit stage, if future development (i.e. to install the proposed septic system) is proposed in this area. Overall, staff have no concerns from a natural hazards and regulatory perspective. Recommendation Staff have no objection to the approval of application PL-BDJ-2023-0103 based on our consideration for natural hazard and regulatory policies. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Current and future landowners are advised to contact CRCA before considering any work within 15 metres of the flooding and erosion hazards associated with Sydenham Lake or within 30 metres of the valley feature on the subject lands. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca.

Yours truly,

Janelle Treash Resource Planner Cc:

Jewel Denison and Kenneth Deroche, Applicants, via e-mail

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 36 of 174

To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: November 9, 2023 Subject:

Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Summary This application is for the creation of one new residential lot. The proposed severed and retained lots would not comply with the requirements of Zoning By-law No. 2003-75. For this reason, the Committee of Adjustment is being asked to make a decision on the consent application. This report recommends approval of the application.

Background The purpose of the application is to create one new limited-service residential lot. The retained parcel is intended to be used for limited-service residential purposes. Application Details Severed Parcel

Retained Parcel

Area (Ac)

2.0

2.5

Frontage on Shallow Lane (m)

Frontage on Mozart Lane

Frontage on Dusty Lane (m)

Frontage on Sydenham Lake (m)

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 37 of 174

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Designation and Zoning The subject property is designated Rural in the Township Official Plan. The property is zoned Limited Service Residential - Waterfront (RLSW) in Zoning By-law No. 2003-75. Related Applications The lands are not subject to any additional applications under the Planning Act. Review ✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✔ Conforms to the County of Frontenac Official Plan (s. 3.3); ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.7.7 & 7.1); X

Does not comply with Zoning By-law No. 2003-75; and

✔ Has no unresolved objections/concerns raised from agencies of the public.

Property Description The subject property is a total of 4.5Ac located north of Rutledge Road, on the southern bay of Sydenham Lake. The total frontage is 20m on Shallow Lane, and 23m on Sydenham Lake. Mozart Lane and Dusty Lane run over the east half of the property. The subject property is developed with a four-season dwelling on the west side of the property, and a seasonal dwelling on the east side near Sydenham Lake, both independently serviced. The fourseason dwelling is accessed from Rutledge Road over Shallow Lane. The seasonal dwelling is accessed from Rutledge Road over Sailors Cove Lane and Mozart Lane. The west side of the property is maintained as a lawn and is mostly cleared of trees, while the east side is densely covered in mature vegetation and slopes steeply towards the shoreline. Finally, the surrounding area is densely developed and consists of similar limited service residential and limited service residential waterfront uses.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 38 of 174

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Department and Agency Comments Cataraqui Conservation provided comment on September 21, 2023. Staff cited no objection to the approval of the consent application. Further, CRCA staff noted that current and future landowners are advised to contact CRCA before considering any work within 15m of the flooding hazard and erosion hazard associated with Sydenham Lake or within 30m of the valley feature on the subject property.

Public Comments Comments were received from one member of the public. The abutting property owner did not object to the severance but outlined some concerns they had. The cited concerns were related to the condition of the seasonal dwelling, the use of the severed lands and possible environmental impacts. Township Planning Staff reviewed the submitted comments and provided an email response to the resident addressing their questions and concerns. Staff received no further comments from abutting property owner.

Planning Analysis The Provincial Policy Statement 2020 and the County Official Plan (Section 3.3) permit residential development on Rural lands. The Township Official Plan also permits residential development in the Rural designation. Section 5.7.7 of the Official Plan indicates that a maximum three limited service waterfront residential lots may be created by consent from a landholding provided that the new lots meet the general consent policies, as well as all other applicable policies. Apart from three lot additions, conveyed in 2009, there have been no previous severances from the subject property since the adoption of the Official Plan in September of 2000. The severed parcel would contain the existing four-season dwelling. The dwelling would continue to be accessed from Shallow Lane. The severed parcel would be 2.0 acres in size, with 20m frontage on Shallow Lane. It is not possible to increase the amount of frontage on Shallow Lane, as this reflects existing conditions. The severed parcel would no longer have frontage on Sydenham Lake. The limited service residential policies of the Township Official Plan do not permit development on existing private roads which would have the effect of creating new lots without water frontage on a private road which services primarily waterfront residential developments. Shallow Lane currently provides access to four limited service residential properties, with only the subject lands having waterfrontage. Therefore, Shallow Lane primarily services non-waterfront limited service residential uses. Additionally, the general consent policies of the Official Plan permit severances on land holdings with more than one detached dwelling in existence at the time of adoption of the Plan. It is recommended that the severed lands be rezoned from Limited Service Residential –

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 39 of 174

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Waterfront (RLSW) to Limited Service Residential (LSR) to acknowledge the lack of waterfrontage, as a condition of consent approval. The retained parcel would contain the existing seasonal dwelling. The seasonal dwelling is located approximately 9.5m from the highwater mark of Sydenham Lake. The retained parcel would be 2.5 acres in size, with 23m of waterfrontage, whereas the Official Plan requires 91 metres. Additionally, the retained parcel would not have frontage on a private lane, but would be accessed from Mozart Lane, which is off Sailors Cove Lane. It is not possible to increase the amount of frontage on the lake or on a lane, as this reflects existing conditions. The limited service residential policies of the Official Plan indicates that the Township may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Official Plan is maintained. The existing seasonal dwelling is one of two existing dwellings on the subject property. As previously described, the general consent policies of the Official Plan may allow severances on properties with two detached dwellings, to sever the additional dwelling. Additionally, it is recommended that the retained parcel be rezoned to a Limited Service Residential – Waterfront (RLSW) special provision zone to recognize insufficient frontage on a waterbody and private laneway, as the retained parcel would otherwise contravene the related provisions of the Zoning By-law. Any future development proposed on the retained parcel would need to have consideration for the applicable Official Plan and Zoning By-law requirements and may require additional Planning Act applications. Shallow Lane, Dusty Lane and Mozart Lane are rights-of-way to separate properties and have been surveyed and consist of parts on a reference plan. It is recommended, as a condition of approval, that the lawyer for the owner shall submit the pertinent document to ensure legal deeded access is maintained for all dominant lands. The severed parcel and retained parcel both comply with the land division policies (section 7.1) of the Township Official Plan.

Conclusion The lands to be severed and the lands to be retained would be consistent with the Provincial Policy Statement, in conformity with the land division policies (Section 7.1) of the Township of South Frontenac Official Plan, and will be in compliance with Zoning By-law No. 2003-75, subject to the standard condition of rezoning.

Notice/Consultation Notice of Application was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 40 of 174

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Recommendation It is recommended that application PL-BDJ-2023-0103 be approved for consent for the creation of one new rural residential lot from a property addressed as 1048 Shallow Lane, subject to the following conditions. Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The lands to be severed by Consent Application PL-BDJ-2023-0103 shall be for the creation of one new limited-service residential lot a minimum of 2.0Ac in area with a minimum of 20m of frontage on Shallow Lane. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the roads, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
Legal deeded access to the severed parcel shall be provided over the existing rightof-way known as Shallow Lane, beginning at the public road. Legal deeded access to the retained parcel shall be provided over the existing rights-of-way known as Sailors Cove Lane and Mozart Lane, beginning at the public road. The lawyer for the Owner shall submit the pertinent documentation in draft form for review prior to registration noting all servient and dominant lands. The documentation provided shall include any necessary rights-of-way with respect to Mozart Lane and Dusty Lane to ensure proper deeded access is maintained for all dominant lands. All reference plans noted in the documentation shall be provided electronically if they are different from the reference plan in Condition #3 and #4. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 41 of 174

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0103, Deroche, 1048 Shallow Lane, Bedford District

Municipal Requirements 6. 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 issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. Zoning 9. The severed parcel is required to be rezoned from Limited Service Residential Waterfront (RLSW) to Limited Service Residential (RLS) to recognize its change to a non-waterfront lot. The retained parcel is required to be placed in a site specific zone to recognize its reduced waterfrontage and lack of frontage on a private lane. Please contact Planning Services to begin this process. 10. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 42 of 174

5%SOUTH “‘°’"‘"‘°

““‘

TOWNSHIPor SOUTHFRONTENAC VARIANCE FOR MINOR APPLICATION (s. 45(2)) OR PERMISSION Updated January, 2023

Township Council.The The Committeeof Adjustment is a Committee of eight persons appointed by P.13, to authorize a Committee is fonned under Section 45 of the Planning Act R.S.0. 1990, Chapter non-conforming use. minor variance from a zoning by—lawor permission under s. 45(2) to alter a legal

the opinion The committee may vary Zoning By-law provisions provided the committee is of that the variance:

Is desirable for the appropriate development or use of the land, building or stnrcture o

Maintains the general intent and purpose of the Of?cial Plan. Maintains the general intent and purpose of the Zoning By-law. Is minor in nature

The committee may grant permission to enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law.

Application Requirements

it is required that one (1) copy of this application be ?led with the Secretary-Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.

Application Type: 1-3 Variances 4+ Variances After building without a permit

Planning Fee: $999.00 $1,370.00 $2,082.00

Building Admin Fee:

IAL-r

$97.00 $97.00

C $1 .o9e.oo/

$97.00

$2,179.00

“strtcxoo

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application). Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review Minor Variance in combination with a new Class 2. 3, 4, or 5 sewage system other than a Class A system Cataraqui Region Conservation Authority

Quinte ConservationAuthority

Rideau Valley ConservationAuthority

$46330 $72030

$1 .183.D0

9 6445.00 $45630 $41030

Page 43 of 174

O ._n.

TOWNSHIPOF SOUTH FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees priorto any constmction. 3. PLEASE READ THIS ITEMCAREFULLY Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch.in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required infonnationmay not be accepted. In this regard, thevapplicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

Collection of Personal information Personal information requested herein is required under the Planning Act, 1990 as amended. This infcnnation willbe used by the Committee of AdjustmentlLand Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this infonnation should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, 0nt., KOH2T0. Phone 376-3027 ext.2224).

Page 44 of 174

FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

SOUTH

TOWNSHIP OF

File No:

Date Received:

Pre-Consultation for this application

In WmF2/».—

Planner: 24 1.

|]4es[:]No /35 lo, zoz;

H /cum/zo

Name of Owner(s):

Full Mailing Address of 0wner(s):

of owners): Email Address

20713

Date of pre—consultation: &r«/ to

?;[§£rI1cLJ«.\x/L

or owners):

v2>/~i«/

Jug/2

authorizationof the owner that If the applicant is NOT the owner of the subject land, the written accompany the application. the applicant is authorized to make the application, must N IA

Name of AuthorizedAgent:

IVl A’

Full Mailing Address of AuthorizedAgent:

Agent: Phone number of Authorized

~14

went: Email Address of Authorized

the owners for purposes of

authorizedto act on behalf of Agent as named above is hereby processing this application for Minor Variance.

NM-

Signature(s)of Owner(s) 3.

The description of the subject land:

District‘

Bgedford ljpomand

I Ll

fa’!

/0” 94’

M0’ M144

Name of Road/Street:

P3“ N”’“be’(5)‘

Reference Plan Number.

Roll Number:

Storrington

L0‘ N“““b9'5

ConcessionNumber: Street Number:

I:|Lougnborough

O10

Otfo if]

10 ,

Oo O 8 3

‘T—-7*

“””'*

“ Page 45 of 174 '

_»

TOWNSHIPOF SOUTH FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

The frontage(s), depth and area of the subject land.

556‘ $‘I1‘(>/ZGUW’ Frontage (on road/lane):

Frontage (on water):

; C8

Depth: 5.

‘

Area:

145/16’;

The current zoning of the subject land:

lZ6¢)2~‘7’¢‘A4. 6.

The nature and extent of the relief from the Zoning By-law:

MM/at,

A’ /-I Cr£Ai=‘T[©Jt(:z” /200M,

U 4}/u.4AICL’ W: G/aru+c,J A‘r7AC(m0 -ra

Go nlCT?,uUT

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

?zo?aev

Smdc/‘fa/Le,’ ‘To

?La»«’z’

Y/«l/L? /.LJ0

/4.: (Lose

Does the subject property front on a municipally maintained road? OR a privately maintained road?

l:|Yes

Name of RoadlLane:

4 I m4m2 /um/A») 9.

(?£(7"Crfc?O

/’/amtvvcm: W‘ 715 i3? Iz?es BN0 mnaqo.

72.»

/21)M)

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

What are the existing uses of the subject land?

345:0

cw/Al, ———______________::z

(;o7’~r/mo’

?/Lina;

Please indicate whether there are any EXISTINGbuildings or structures on the subject land (Le. residence, garage. shed, etc.)

IZ{eSBNO

Page 46 of 174

‘er e

’

‘

,_V

‘

f,4.l|.4\

“? '

‘

FOR MWon VARIANCE APPLICATION or SOUTHFRCINYENAC amended TOWNSHIP as a. MS Planning Act. R.s.o. 1990, . yes, for EACHbudding or structure IndxcaIe : . Is 11 Item t o answer the 12. If ‘

(4)

(3)

(1)

(Z)

‘E9’ ‘°sm°"°°)

(3.;-I-mc..—

budx.Hus.-’

Setback from

/w '

“U

From Lot Line

(JOTmmwq

Type of Structure

Setback fn_)m Rear Lot Lme

‘

Q”I/mm“

[OX

welua??

of I ;”,::::.”:.

i‘

lL‘/.

IL A.‘ W.“ - W‘ b

32’:

K g,

Heighhzf Building Is on! (Alsn indinah?il nary wr Iwo sooty)

“oL“’““C)L”” “J0 /7

Setback from Side LnlL|ne

1 )1”?

I ]’Z,

ugh»

‘W,

Setback from High Water Mark (lfapplicahle)

I775‘

[1C

13.The proposed uses ofihe subjeci land:

W/w WW7

CD71/¥~’

Are any buiIding(s) or simcture(s) - or additions in exisiin 9 buI|dIng(s) or s!mcture(s), PROPOSED to be builton the subject land? '

Yes

‘

_1 5+rw.I-$1 ‘

Page 47 of 174

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (1) Type of Structure (E! residence)

Setback from Front Lot Line

(2)

(3)

(4)

Garagel Quilt Room

“‘2

ft (3'4m)

Setback from Rear Lot Line

150 ft

Setback from Side Lot Line

273 ? (8'2”’)

Height of Building (Also indicalle if it is one story or two story)

10 ft

Outside Dimensions of Buildinglstructure

13.42m x 7.32m

Setback from High Water Mark (If applicable) NOTES:

Igasqm)

150ft

If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same.
The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Do your plans include any DEMOLITION of existing structures?

Yes

If yes, please provide details:

Page 48 of 174

non FOR MINORVARIANCE APPI-IGA FRONTENAC soum or as amended TOWNSHIP R.S.0. 1990. 1:. P.13 Pjaj-mlng Act,

Do your plans include

If yes, please provide

Yes

of an existing structure’? the RAISING

details:

What are the uses of the proposed

development?

Increase in number ol bedrooms

(b)

Increase in plumbing?xtures

(c)

Increase in living space

(d)

Willthe additionor slmcture encroach on the existing septic system’?

19.The date the subject land was acquired

C’

(a)

V95

Yes

by the current owner:

WM 7, 7.007 20.The date the existing buildings and structures

Co7145

were oonslmctedon the subject lands:

1004:) /wowQ;»~/rleii.-/\ 3.9%.’«\L1‘~4/(

21.The length of time that the existing uses of the

.5.-gt;

subject

landcontinued: have

mm 7, zo<>7

Vow/H6

publicly owned and operated piped

is provided to the subject land by a water or communalwell, a lake, or other water water system. a privately owned and operated individual

Z2. Indicate whether

body, or other means:

15/‘ISIIX7W),0(I/3 U/L7.U—

ST/(_l,(U-(L)/Q3’

_ 23. Indicate whether sewage disposal is provided to the subject. land . . by a publidy owned and a privately owned and operated Individualor communal septic system, a ,a1 ,1

gr°s‘::Irar%:asry::tem. Easy‘

?gg .Y<37"fvc 24. Is storm drainage provided by sewers, ditches, swales or by other means?

PG)

Page 49 of 174

VARIANCE FOR MINOR

APPLICATION or scum FRONTENAC TOWNSHIP ?’’’°’“‘°‘ Planning Act. Rso. 1990.c- P-13 35

under the Planning Act for ‘

Yes

?le number of the application and the st at us '

ifthe answerto question 25 is yes, please give the

of the application.

the 27. Ifknown. please indicate whether the subject land has ever been under Section 43 of the Planning Act (Minor Variance). Yes

subject of an application

Ifthe answer to item 27 is yes, please give the file number of the application and the status the application. M

M’

A SKEICH must be submitted showing the following:

Arr-r/~‘i<m_-/I CAC7

/>/Kc‘ "

THE SKETCH MUST HAVEA NORTH ARROWAT THE TOP OF THE PAGE.

ii)

The boundarie? and dimensions of the subject land including the location of any existing and proposed buildings.

iii)

The location of a reference paint……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

iv)

The location of all abutting (neighbours’)lands.

The approximate location of all natural and arti?cial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads,

watercourses.drainage ditches.river or stream banks, barns, wetlands.wooded areas and septic tanks. Show distance of these features from the applicant’s property

i[I_ve|ls

’

IDES.

“Note:

The distances to on-site and abutting owners‘ wells, septic ?elds and barns from the to be varied, IS REQUIRED to be shown. The SKETCH is of signi?cant property importance and should be prepared as carefully, neatly and accurately as possible.

Page 50 of 174

mwuerhr

VARIANCE F on MINOR APPIJCA110N ended am as P.I3 e. 1990. ILs.o Planning A-1.

or sown Fneursuuz

INDEMNIFV AGREEMEIITTO payment of Township olseum Frunlensc representing Attachedin this application is a cheque peyaule te ltie ree the epplieeien ls Applleetion meprdedin lrris Mlnorverlanoewhere ugvees ins: in. rrronnaaon The owner/Applloenl/Agenr Ippllcab e. the the Tuwnslrlp end. oi representatives that agrees ownermpplirznt/Agent accurale. The lne property ior tne purpnso al dalarminlng appropriate Ccnsewa?an Aurnerizy. rnay enler onto the subjsn

Frlurrn

dppmprialericss oflha sire verrhe pruposed development.

The ownervAppllcanuAgenr agrees

re relrnpurse

3111 lndarnnrry rne rnunieipeity lnr all has

and expenses

expenses ettntzulable ta py lire rnunicipelity lo nmosx the application. including any lees and Inbullal lr necessary to administrative pmeeedlngs were me ontarie Municipal Board or any court or olher incurred

defend couholrs decision to supparl

me appllca?on.

expenses or consullenls. witnnurllrnrlng me lnregoing. such fees and expewses shall include the lees and ‘hay. in its rechnral advisms as me rnunldiuelilv planners. engineers, lawyers and such other preveeeiunal end property process and suppert absolute dlszrerion ac?ng reasonably. consider necessary or advisablein more

the spplicalion. request and in cases where an The Dwller/Anp?carll/Agentfurlher agrees to picvvidelhe municipality.upon epove ine nerrnel applimliun has been appealed to meOntario Muncipal eeerd. wlrn a dslmsll (over and lees and expenses incurred by applieetien fee). irem which the municipality may. irom lhio in time charge any the munlcipality in order noprocess the appiiealion. If such appeal expenses exceed the depusil. the owrrar/Applieanlshal pay the dnlerenoe lonnwrth upon being pried ey rhe municipality. wlln inlaresl ar me rare oi1.25’/a permamh (15% per zmlium) on eeoounreoverdue mom «nan an days.

further agrees then until such requests have been complied wi1h,lhe municipality The owner/Aapliaenl/Agent willhave IID eanhnuing opligalien re prauess the app|‘r:a1icn orattendor ire represenled znlia onrenoMunicipal Boardor any courtarolher admiriislraliveproceeding in wnviec?un withthe applicalion: DATED AT THE TOWNSHIP or SOUTH FRONTENM:

Page 51 of 174

TOWNSHIPor sounl

son MINORVARIANCE APPIJCATION FRONTENAO -mended

Planning Act, R.s.o. 1990. e. P.13 as

varianen Form A Guldl to completing the Minor separate residences. this seciion, even ltthey live in

The names of all owners must appear in with postal code. complete address, [ling ma the full and the addrass(es) should be lrsu, that on your beh a lid unng the variance prooess. Sign me
You may wish to appoint someone to act mus‘ Wners re he A” appear should person’s name. a duress and ptlnne number '

authorization. 3) Description of the Subject land:

Tuwnsrnps. it youare not sure, check a. District:The Districts are the seine as the former on yuurtax bill. lrttre numbers are 1025) with numberbeginning the roll number(the long district is 040-050, are here num the _ your _ _ am.020 or can.your distrittt is aeuioru; if010, your distnct and if the is sternngtan; Laugtibbrbugn; it the numbers are use or numbers are 080, your l1ist‘riC| is Portland. Concession and Lot Numbers: if you are not sure, check your tax bill Ifa civic number has not been assigned, leave this Stmet Number: Your civic address space blank. or Name at Roadlslreetz This question epp lies whether or not you are on a private lane a public road. Reference Plan No: liyour property has been surveyed. it will have a plan number, and one or more pans on that plan. If your property has not been surveyed. leave this space ’

-—

blank Roll N This is the number beginning with -1029’ which appears on yaurtax bill. Please take time to look it up before submitting the applica?ons 4) Fronta gs, depth, area. acres: Allpark of this question must be completed. 5) Currentzaning: You maynot be aware ofthe zoning an yuurproperty and this can be determined when you come In for pre-consultation with planning start. 5) Nature and Extent of Relief: This question is asking what you are asking to do that requires the van’anoe—ior example, it could be that you are asking in be 25 m rather than 30 m from the hi h water mark.or that you are asking to increase the height of a structure within 30 m of the Water mark.Of 17734 YOU3"? Seeking a varianne to construct an aooessary building closer tn Iront lot line than the principal building.

high

tiiie

Reason why you can’t comply: ln othe rd , h could be, for example, because you that is already tau dose to the water. or that develoPIn9 fulther ‘mm me we’ impossible because ofa steep embankment.

rtigiardigeotrluig vcsliliai/loci; eitqgiiisiifg Ev aliswsoealfinz

“’°”’d

Roads: Munlcipallymaintained roads are lookedafter by the Tuwnship’ private mad; are I that residents maintainthemselves(not rivate d but lanes that pruvide access property and that are generally shared ‘

other:‘i.Bways’ viith

tea}/rijisr

Page 52 of 174

TOWNSHIPOF solrr?

APPUCATIDNFOR MINORVARIANCE FRONTENAC

Planning Act R.S.O. 1990, c. R13 an Irnendod

eooess your propenyby 9) Parking and Dodiing: This question is only relevant is you can only

warer.

1?)EJu’s1l’Iig Uses: es. residential, reuail business. vacant rscteaiiunalland

11)Bul1dlngs: ii there are ANV ouriaings or structures on ihe property now. ihe answer to mis ouesion is ‘yes’. You must oornpiete all sedions oithis question roreeeh souoture on your propeny.inhero is s deck on your mailing, please describe it sepersisly from tho nsldonco.

Description olpuiiriinos and siruonrres;
Proposed Uses: Generally, the answer in this ques?an willbe the same as lhe answer to #10, but if. for example, lhe land is cunen?y vacant. and you are planning 10 oonsvu? a dwelling. than Ilia use to be desaibsd in section 10 would be ‘vacant recreationalland" and the use described in section 13 would be ‘residential’
Proposed siruaures: iiyou are planning to build ANYTHINGon the property, ihe enswerio this question is ‘yes’ This includes additions. decks. garages, septic systems. —
nesoripiion of new oonslruc?onz ALL proposed new rievelopment musi be cieserioeo here. ll you are proposing to oonsinrci an addition to a dwelling. and to add a deck, please show this inrorrnation in separate ooiurnns I6) Dninall?anz

All dunalition

roqulrel

ponnll from ?ll building department.

In some

instances.a proposed additionorlrictease in height cannmbe accomplished wilhoutiiie removal

oiexisilng wells. lrthis is not made clear lo the Committee ai mabeginnlng ofthe prooess. you may ?nd that, although you are granted permission In add on noyour residence, you n‘! actually do it because you have not made it clear that mereis denioll?on involved. 17)RalsIng of Structure: In otharwards.are YDIJprupnsing to raise the building In order in construct a basement under ii. 18)Uses of Development Please answereach part at ll‘IlSquestion. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living SPECS. —

15)Date land acquired: When areyou lake possession orihe properly; 20)Dalle orexisting buildings:iryou are not sure.pnwlde your best estimate. For example. has the land been used for residenlialpurposes for 30 21)yl.aear:glili::;ises:

. take : the answer willbe private well, but some waierlmnlproperties )“V,lé?‘rt9v;aS‘|;}r7Xi1rlt};“l‘fIal‘ll’I;2k$e’C?B2S '

Page 53 of 174

mm s.

TOWNSHIPOF sourn FRONTENACAPPUCATIONFOR MINOR VARIANCE Planning Act. R50. 1990, c. P.13 as amundod 23) septic: in must cases the answer 24) Drainage: Are merespeci?c

natural drainage, eta?

will be private sewage system. but meremaybe some privles.

ditches that navebeen nonsrructaa to deal with drainage; is

Ihere

Appiicaltan for consent: is there curlenlly an applicaliun loreansent

(severance) being proposed

fortna property?

If yes: II there is a current application

fur saveraneein subdivision on the indicate the ?le number. (Slalf can halp prpvlde property, please tnis inlannatlan)

Mlnorvarianoe: t-tas ttiera ever

been a minorvarianpe granted on the property) it you are longtime ownerof the properly, ynu will probably be aware at any alher special for a variance to meznnlng by-law. permission gmntea nyou are a new owner, the seller willprubsbly you awanealtnis. have made

ll ye : If there has been a previnus application number ifknown,

variance granted on me and what the details in the variance property. please indtcate lne

were.

Page 54 of 174

Page 55 of 174

ANE

Lake

AD O

LS L

102902004025203

HO NIC

M JA

U SP R

O AD

102902004025400

Canoe Lake

E R LA

WESTPOR

Thirty Island Inset Map Inset Map

SR YO

ROAD LSON WI

E LANE

Desert Lake K

OAD ER

PL-ZNA-2023-0046 (SHERIDAN)

102902004025180

L A Lake Sand

E NO CA

144 TIMMERMAN ROAD Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity 102902004025170

Township Boundary

M TI

AN M R E

AD RO

Road Railway

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. 102902004025160 102902004025100

Page 56 of 174

While the County 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: 1:1,000

12.5

50 m

102902004025150

UTM Zone 18 NAD 83

Date: 2023-04-28

SKETCH TO ILLUSTRATE PROPOSED GARAGE AND QUILTING ROOM SETBACKS at

144 TIMMERMAN ROAD Geographic Township of Bedford Municipality of The Township of South Frontenac COUNTY OF FRONTENAC Prepared by Annis, O’Sullivan, Vollebekk Ltd. September 21, 2023

Scale 1 : 750 30

22.5

7.5

30 Metres

Metric DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048

Caution This is NOT a Plan of Survey and shall not be used except for the purpose indicated in the title block. Boundary information compiled from Plan 13R-16585.

Page 57 of 174

14 Concourse Gate, Suite 500 Nepean, Ont. K2E 7S6 Phone: (613) 727-0850 / Fax: (613) 727-1079 Email: Nepean@aovltd.com

Noah Perron From: Sent: To: Cc: Subject:

Troy Dunlop October 10, 2023 3:27 PM Noah Perron Evan Bancroft RE: Public Services Review - Application PL-ZNA-2023-0046 (Sheridan)

Hi Noah, I am reaching out to confirm that we support the MV request for minimum front yard setback of 3.4m based on the list of constraints observed on-site and listed below.    

Elevation of garage would be approximately 6 to 7 feet higher than the adjacent road Large granite rock outcrop north (west) of proposed garage location Septic field located immediately south (west) of proposed garage Large granite ridge north of the septic and cutting off access to other areas of the lot.

Thank you again for the additional follow up on the road allowance ownership.

W. Troy Dunlop, C.E.T. Manager of Engineering and Capital Projects Public Services Department Township of South Frontenac p: +613-376-3027 ext.3333 e: tdunlop@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: Noah Perron nperron@southfrontenac.net Sent: Tuesday, October 10, 2023 3:07 PM To: Troy Dunlop tdunlop@southfrontenac.net Cc: Evan Bancroft ebancroft@southfrontenac.net Subject: RE: Public Services Review - Application PL-ZNA-2023-0046 (Sheridan) Hello Troy, I had a chance to speak with Michelle Hanna about the ownership of Parts 4 & 5 on Timmerman Road. She didn’t do a tle search but was able to verbally conﬁrm that they belong to the Township for the purpose of road widening. 1

Page 58 of 174

Further, both Parts 4 & 5 have separate PINs, so its her understanding that a By-law was never passed to recognize them as Public Highways. If this is enough informa on for you to proceed, I am happy to discuss. Planning Staﬀ can conduct a tle search prior to proceeding if you’d prefer. Best, Noah Perron, Planner Township of South Frontenac p: +613-376-3027 ext. 2357 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

From: Noah Perron Sent: Tuesday, October 10, 2023 10:51 AM To: Troy Dunlop tdunlop@southfrontenac.net Cc: Evan Bancroft ebancroft@southfrontenac.net Subject: RE: Public Services Review - Application PL-ZNA-2023-0046 (Sheridan) Hello Troy, Thank you for passing along this informa on regarding your site visit. I’m going to look into the ownership of Parts 4 & 5 this a ernoon. Once this has been conﬁrmed, I can reach out to discuss next steps. Best, Noah Perron, Planner Township of South Frontenac p: +613-376-3027 ext. 2357 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

From: Troy Dunlop tdunlop@southfrontenac.net Sent: Friday, October 6, 2023 3:49 PM To: Noah Perron nperron@southfrontenac.net Cc: Evan Bancroft ebancroft@southfrontenac.net Subject: Public Services Review - Application PL-ZNA-2023-0046 (Sheridan)

Hello Noah, 2

Page 59 of 174

I looked at the property at the Sheridan’s today with Evan and the plot plan drawings were a bit of a head scratcher. We looked at the property bars we could find along Timmerman Road and also compared them to the attached plot plan by Annis O’Sullivan Vollebekk OLS. It looks almost certain that the driveable portion of Timmerman Road is fully within the rather narrow Part 5, Plan 13R-16585. The travel portion of the road is only about 3.5m wide. That made us wonder about the status of Part 4, Plan 13R-16585. When I look at the mapping in GIS, I am going to take a guess that the Township owns Parts 4 and 5 but that no Bylaw was ever passed on one or both of these to declare these as Public Highways. Can planning confirm the status of these two parts through Land Registry as it has bearing on how we should collectively view any minor variance. Timmerman Road will be physically widened to two lanes at some point in the future so we are trying to understand where that widening would go. If we own both parts, it would mean that construction of a wider road will have to be directed towards the south (east) – which puts it away from the garage. We did observe some major constraints that were justified for building:    

Lets chat on Tuesday.

Page 60 of 174

Page 61 of 174

Page 62 of 174

Please consider the environment before printing this email

From: Noah Perron nperron@southfrontenac.net Sent: Thursday, September 28, 2023 2:17 PM To: Troy Dunlop tdunlop@southfrontenac.net Subject: RE: Public Services Review - Application PL-ZNA-2023-0046 (Sheridan) Hello Troy, I’ve a ached the most recent sketch submi ed by the Sheridan’s for your site visit next Friday. As you will see, the applicants are reques ng a minimum front yard setback of 3.4m. I did inform the applicant that the minimum setback the Township would be willing to support was 6m (20 ) unless they could jus fy why a greater setback couldn’t be met. Please let me know if you have any ques ons. Best, Noah Perron, Planner Township of South Frontenac p: +613-376-3027 ext. 2357 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Page 63 of 174

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this revised application for zoning relief for a new detached accessory structure, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.

Background Minor Variance application PL-ZNA-2023-0046 was previously presented to the Committee of Adjustment on June 8, 2023. Prior to the presentation, written comments were received from the abutting property owner, citing concerns related to the location of the proposed structure. Based on the comments received, Committee members deferred their decision to provide an opportunity for the applicant to revise their proposal. The application was presented for a second time on August 10, 2023. Following the circulation period, planning staff identified inconsistencies with the proposed front yard setback. Therefore, it was recommended that Committee members defer their decision until such time that the applicant had an Ontario Land Surveyor confirm the location of the front lot line and submit an acceptable sketch. Official Plan Designation: Rural Zoning: Waterfront Residential Zone (RW) Zoning Relief Requested Section 8.3.2 – To permit a detached accessory structure to be setback 3.4m from the front lot line, whereas the Zoning By-law requires 20m.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 64 of 174

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is an undersized lot of record measuring at 0.84Ha in area with frontage on Timmerman Road and Sand Lake. Access is via driveway extending from Timmerman Road. Existing development consists of a 140.1sqm (1508sqft) two-storey single detached dwelling and a detached accessory structure (“bunkie house”). Topography varies slightly across the subject property. The entirety of the property is elevated from the travelled portion of Timmerman Road. The developed area, near the existing dwelling is relatively flat before sloping down towards the shoreline. Additionally, the property contains an exposed granite outcropping just to the north of the driveway, and a granite ridge extending to the west of the dwelling. The subject property is also densely covered with mature trees and vegetation growth. Finally, the property is located within an area characterized by similar waterfront residential developments. Summary of Proposal The applicant is proposing to construct a new 98.2sqm (1057sqft) detached garage/quilt room on the subject property. The proposed accessory structure is to be 3.4m from the front lot line. As such, the applicant is requesting relief from Zoning By-law 2003-75, in order to permit the proposed accessory structure to be setback less than 20m from the front lot line. Agency Comments Given the proximity of the proposed accessory structure to Timmerman Road, Public Services provided comments regarding the proposal. Public Services staff conducted a site visit to the subject property, and acknowledged existing constraints which would limit the ability to locate a compliant structure. Further, they confirmed that any future expansion to Timmerman Road would occur over the road allowance to the south, away from the proposed accessory structure. For these reason, Public Services cited no objection to the approval of the application. Public Comments Public comments were received from the abutting property owner for both the original and revised proposals. Originally, the owners of 138 Timmerman Road objected the approval of the application citing concerns related to the proximity of the proposed structure to their side lot line. When the revised proposal was presented on August 10, additional comments were received requesting clarification on the need for the subject property to be surveyed. Prior to www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 65 of 174

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

the updated proposal being presented on November 9, Township Planning Staff conducted a meeting with the owners of 138 Timmerman Road. At which time, Planning Staff provided clarity of the nature of the application and the minor variance process. No further comments have been received at this time. Therefore, Planning Staff assume the matter has been resolved. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a detached garage/quilt room on lands designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed building is accessory to the permitted residential use of the property. It is the opinion of Township Planning staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? An accessory structure is a permitted use within the RW zone. The proposed garage/quilt room complies with all requirements of the Zoning By-law except the minimum setback from the front lot line. Section 8.3.2 of the Zoning By-law requires all structures to be setback a minimum of 20m from the front lot line. The purpose of this setback is to avoid an overdeveloped appearance near a roadway and to ensure the rural character of the area is maintained. Due to existing physical constraints, it would likely be difficult to build the proposed accessory structure in a compliant location. Specifically, the granite outcropping to the north of the driveway and the granite ridge to the west limit the location of the structure to front yard of the subject property. Moving the structure any further to the north or the west would require significant site alteration and could result in encroachment within 5m of the existing sewage system. Therefore, the proposed 3.4m setback results in the most appropriate location for the accessory structure while allowing it to be accessed from the existing driveway. The proposed location will be well screened from Timmerman Road by existing vegetation and a change in elevation. As such, Planning Staff are of the opinion that a reduction in front yard setback to 3.4m would not negatively affect the surrounding area and its rural character.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 66 of 174

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

It is the opinion of Township staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The proposed location of the accessory structure will maximize functionality of the property as it will extend directly from the existing driveway. Further, the proposed location will minimize the amount of site alteration required to build the structure. Finally, the proposed accessory structure will be visually screened from Timmerman Road by an existing tree buffer and change in elevation. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law. Further, the requested variance is desirable for the appropriate development of the lands. It is anticipated that there will be no negative impact on surrounding properties as a result of the proposed garage/quilt room.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve revised minor variance application PL-ZNA-20230046 for 144 Timmerman Road, subject to the following conditions.

The minor variance is for a detached accessory structure. The minimum front yard setback for the accessory structure is permitted to be 3.4m (11.2ft). The location of the accessory structure on the property must be generally consistent with the sketch prepared by Annis, O’Sullivan, Vollebekk LTD., dated September 21, 2023.
A building permit is required for ALL proposed construction and demolition on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 67 of 174

Township of South Frontenac Staff Report - PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

Minor variance PL-ZNA-2023-0046 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 68 of 174

Page 69 of 174

Page 70 of 174

zoning

\ 33:‘ of

area

subject

L111S

and

SOUTH Planning

the

land:

of subject

FRONTENAC Act, R.S.O.

nature

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relief

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the

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<‘4’and

By-law:

IVIINOR

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VARIANCE

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the

used nearest

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whether garage,

r0 shed,

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uses

used road.

are etc.)

5 I0

the

any

EXISTING

land?

by water approximate

cannot

subject

the

use

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and

property

proposed

@\ e 3

existing

the

hmlp

indicate residence,

the

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buildings

only, please distance

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comply with the \Zonin the provisions of g "\cv
c.x*;{e.< ‘)0 Hxe, +0 close +00 ba LS YYlo/C’. his i’(’_ ‘i ioo «Hm», +oux:».s'0L‘$ Jrkc 55» close W omd a/ move {Yes Does the subject front on a maintained property municipally road? K A a privately maintained OR road? No <I3 Yes Name of Road/Lane: de 6 E D Fo K D R D . ed

(on

extent

Area:

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land.

APPLICATION 1990, P.13 c.

49’ Vimi? R-orxl Res 1dr 1\ {c’..\

current

depth water):

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Depth:

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frontage(s),

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September 6, 2023

File: MV/FRS/199/2023

Sent by E-mail Mr. Tom Fehr, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Fehr: Re:

Application for Permission PL-ZNA-2023-0105 (Todd) Pt Lot 8, Concession 8; 5970 Bedford Road Loughborough District, Township of South Frontenac Waterbody: Cronk Lake

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves a request for permission to enlarge an existing legal nonconforming use and structure. Specifically, the applicant is seeking to construct an addition by raising an existing building 9 feet and constructing a block foundation underneath, within the original footprint. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 5.5 metres to permit the construction of the addition.

Site Description The subject property is located on the east side of Bedford Road and has water frontage on Cronk Lake. The topography of the site can be characterized as a relatively low shoreline embankment that quickly levels out to a flat area where the existing development is located. The property is also located adjacent to the Cronk Lake Water Access Point owned by Cataraqui Conservation. There are young and mature trees interspersed throughout the lot. The property currently contains three dwellings and a detached shed. Staff visited the site on April 13, 2023. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Waterfront Residential’ (RW) in the Zoning By-law for South Frontenac Township. Page 1 of 4

Page 82 of 174

Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Cronk Lake. Natural Hazards / Ontario Regulation 148/06 Flooding: Cataraqui Conservation does not have floodplain mapping for Cronk Lake. However, based on CRCA’s best available information, the extent of the regulatory floodplain can be estimated to be 0.3 metres (1 foot) above the average highwater mark. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) typically requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody, to provide an allowance for access for emergency purposes, or maintenance/repair to existing structures. Based on observations taken on site, the proposed building will be located outside of the regulatory floodplain but within the 6 metre access allowance. CRCA’s policies and guidelines can permit additions and renovations to an existing building to be located within the access allowance, provided: a) the work is considered a renovation vs a complete reconstruction, and b) the addition does not encroach further into the setback from the regulatory floodplain than the existing building or aggravate the hazard. The applicant has provided a structural assessment (E. R. Trought, May 24, 2023) demonstrating that the existing building is capable of being raised without structural damage, to accommodate a new foundation, and thus can be considered a renovation. Additionally, based on the site plan submitted with the application, the proposed development is not encroaching further into the hazard or aggravating the hazard, and emergency access is not further restricted. The change to the dwelling and resulting increase in living space does not put the property at further risk of flooding. Finally, our regulatory policies require the new building to be floodproofed in accordance with CRCA’s dry passive floodproofing measures as outlined in Appendix H of our Guidelines. Therefore, the minimum floor elevation of the new building, including any basement and crawl space, must be 0.3 metres above the regulatory floodplain, or 0.6 metres (2 feet) above the average highwater mark. Based on observations taken on site and the plans submitted with the application, the minimum floor level of the new building will be 4’4” (1.32 metres) above the water level of Cronk Lake and will therefore meet CRCA’s floodproofing requirements. Overall, the proposed building is considered to be outside of any area of potential flood risk. Erosion: Cataraqui Conservation, in accordance with provincial technical standards, defines the extent of the erosion hazard associated with the shoreline of Cronk Lake as the sum of an allowance for toe erosion (estimated to be 1 metre), a stable slope allowance of 3(h):1(v) for till and 1(h):1(v) for bedrock shorelines (1.9 metres), and a minimum erosion access allowance of 4 metres.

Page 83 of 174

Based on observations taken on site, the addition will be located outside of the immediate erosion hazard (2.9 metres inland from the toe of slope) but will be located within the 4 metre access allowance. In this case, CRCA policies and guidelines can permit a reduction of the access setback for the proposed development since the addition does not encroach further into the setback and access is not further restricted. Staff therefore have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0105 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a permit will be required for the proposed work under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 30 metres of the highwater mark of Cronk Lake is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner

Page 84 of 174

cc:

Josh Todd, Applicant, via e-mail

Page 85 of 174

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Waterfront Residential (RW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling on the property within 30 metres of the highwater mark of Cronk Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The subject property has a lot area of 0.2ha with a frontage of approximately 122m on Cronk Lake and 65m of frontage on Bedford Road. The property contains three separate detached dwellings and several accessory structures. The largest dwelling is located in the approximate middle of the property, another dwelling is located in the southwest corner of the property close to the rear property line, and the subject dwelling is located in the northeast area of the property closest to the lake. Each dwelling has it’s own septic system www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 86 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

and the septic system that services the subject dwelling is located directly behind the subject dwelling. The property is quite level from the road to the shoreline and is primarily manicured lawn with a number of large mature trees throughout. A boat launch abuts the property on the north side. As a result of this the shoreline cuts in towards the road on this side of the lot. The remainder of the surrounding area is characterized by waterfront residential development. Summary of Proposal To request permission under Section 45(2) of the Planning Act to enlarge an existing single storey legal non-conforming dwelling located within 30m of the highwater mark of Cronk Lake. The existing dwelling is also non-conforming as it is one of three dwellings currently on the property. The RW zone permits one dwelling per lot. The application proposes to raise he existing building, and adding a new block foundation and ground floor storey underneath the existing structure. While at the property, staff determined that the proposal also included an expansion of the building’s footprint, and that this addition would extend closer to the highwater mark than the existing dwelling. This addition would replace an existing deck currently in this location. The owner has stated that the area of the deck was part of the house at one point in the past, and that the room was removed approximately 15 years ago. The owner was requested to demonstrate this by providing photos showing what the outside of the structure looked like before it was removed, however to date no such information has been found. Considering this and the stated time that has elapsed since the area of dwelling was removed it is difficult to say that it was removed with an intention to rebuild. In light of this the expansion of the footprint is being considered as an expansion rather than a replacement of a previously existing structure. Since circulation of the application, the applicant has amended the proposal by shifting the addition to the south along the east wall of the building. The result of this is that the addition will be no closer to the highwater mark than the existing closest point of the dwelling. The existing dwelling has a 40.1sqm ground floor area. The addition will have a ground floor area of 10.4sqm. The gross floor area of the building will increase from 40.1sqm to 101sqm. The height of the building will increase from 4.3m to 6.6m as a result of the additional storey. Agency Comments The application was circulated to Cataraqui Conservation for review and comment. They provided comments statin they have no objection to approval of the application. They note that with respect to natural hazards they did not have concerns with the expansion of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 87 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

dwelling with a second storey and new block foundation. They recommend that proper sediment and erosion controls are incorporated into construction plans as well as the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water. A permit will be required from Cataraqui Conservation for the development under their regulation. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RW in Zoning By-law No. 2003-75. The RW zone permits a maximum of one dwelling. There are three separate dwellings on the property, therefore the subject dwelling is a non-conforming use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is also legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 6 metres from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the deck. The criteria for considering an application under Section 45(2) are: Whether the application is desirable for appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood. The existing dwelling is a one storey structure. The proposal is to raise the existing structure and construct a new foundation and ground floor underneath the structure. The footprint of the structure will also be expanded with an addition that extends from the east side of the dwelling. The original footprint expansion was located in the northeast corner of the proposed structure – the result of this would have been that the addition would be set back 5.5m from the lake where the exiting closest point of the dwelling is 6m from the lake. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 88 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

Of the three dwellings on the property, the subject dwelling is the closest to the water. Considering the amount of non-conforming development on the property that is within the 30m setback from the lake, it is not desirable for additional development to extend closer to the water than what is currently existing. Options for an alternative configuration were considered and the application was revised by shifting the ground floor addition to the south so that it is located in the southeast corner of the proposed structure. The ground floor addition will be set back 7.6m from the lake which is farther than the existing closest point of the dwelling. The proposed expansion of the dwelling, including the ground floor addition and additional storey will either be located further from the water or no closer to the water than the existing dwelling. There would be minimal opportunity to increase the set back further as the existing septic system for the dwelling is located to the west of the subject dwelling, and another dwelling is located to the south of the subject dwelling, while the lake is located to the north and east. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as the development is proposed in the same location as existing. Regarding lot coverage, the proposed dwelling footprint is 10.4sqm larger than the existing dwelling which is a small increase. Lot coverage for the whole property will be increasing from 11.9% to 12.4% as a result of the development. The building height will increase from 4.3 metres to 6.6 metres which is within the maximum permitted height for a principal building in the RW zone. Maintaining existing vegetation will assist in screening the development from adjacent properties and the lake and help mitigate any visual impacts. With the recommended conditions there are no adverse impacts anticipated and the application represents desirable and appropriate development for the property. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.

Page 89 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

• • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0105 for 5970 Bedford Road, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 50.5 square metre ground floor area and a 101 square metre gross floor area, and a maximum building height of 6.6 metres, and be set back a minimum of 6 metres from the high water mark of Cronk Lake, consistent with the submitted plans (prepared by Josh Todd, dated 2023-11-01) that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Cronk Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline.
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 the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 90 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0162, Todd, 5970 Bedford Road, Loughborough District

Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 91 of 174

Page 92 of 174

Page 93 of 174

Date

READ

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FRONTENAC

SOUTH

Planning

APPLICATION P.13 1990, C. as

FOR amended

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No:

Personal information requested herein is required under the Planning Act, This information be will used by the Committee of Adjustment/Land Division purpose of reviewing the above referenced application. and may be made Commissions, boards. Agencies and Persons Authorities. having an interest questions regarding the collection of this information should be directed Treasurer of the Adjustment of Committee (P.O. Box 100, Sydenham, Ont., 376-3027 ext.2224).

Each applicant shall provide a sketch showing the the of dimensions subj abutting lands as outlined Question in 29 the of application. ect s The sketch dimensioned and scaled either in or Imperial h Metric measures. This sketch, the Application o is Form, the basis for the analysis of the Minor Variance u Committee Adjustment. of It is strongly recommended that the applicant s l time to carefully and thoroughly assemble the data and transfer the data p d e important that the sketch be drawn with accurate dimensions and me n application which does include not the above information required may not asu d regard, the applicant re wish may to secure the assistance of a person who me drafting such of guide sketches. A to answering the application questions is nts. Collection of Personal Information

PLEASE

Received:

TOVVNSHIP

Page 94 of 174

Page 95 of 174

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Page 96 of 174

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residence)

Setback

(E-g-

TYPE

TOVVNSHIP

o_1/2”)

19.5fTl2 Oftz)

(2O,_1

6_3m

approx. (1 0’—6”)

(21

storey

n/a

Storage Shed

FOR IVIINOR an1erIded

3,2711

(3)

VARIA NCE

Page 97 of 174

story

indicate

1 5.

If the

14.Are

answer

any be

uses

item

the

Dwelling

building(s) built on

proposed

Seasonal

13.The

one

High

lding story)

Area

Line

the

yes.

R< Yes

for

,,)

Deck

subject

‘2‘3’

or structure(s), subject land?

1 1 (38

27m2 (292ft’)

“/3

frorn Line

from

n / a

SOUTH

Planning

(5) Seasonal Dwelling (cottage)

frorn Line

Setback from Vvater Mark (If applicable)

Dimensions Floor

(Also

Lot

Setback Side

Height

Lot

Rear

Setback

Front

Setback

(E.g.

TOVVNSHIP

of Structure residence)

Continued:

Type

1 2.

each

land:

0 (

proposed

5.6m‘ (6OftZ)

)

addition,

existing

1’.:i::’/4..

additions

n/3

“/a

n/a

Pump house

APPLICATION P.13 1990, c.

1 5t°“9Y aPP|’°><(7uo”) m 2.1

(6)

FRONTENAC Act, R.S.O. FOR

building

3'85.” (1 2 ‘5“

1 1 .4m2 (1 23ft?)

I”!/a

n/a

“/3

“/a

)

structure(s),

VARIA NCE

structure

IVIINCR

detached

Deck

amended

building(s)

(7)

Page 98 of 174

Lot

Setback Rear

Setback Side

Line

from

from Line

NOTES:

High (If

1 7.

your

plans

(princ

your

pal plans

If yes, please To demolish

Mark

frorn

story)

(1)

include

provide

SOUTH

Planning

(27ft7

total

any

size

nd the

new

waterfront.

RAISING

sep

. Ic

system.

dwelling

existing

cottage

mark

FOR amended

(3)

structures?

structure?

private be will the to

(principal

relate building.

and

existing

the high water in this question the completed

attached

MINOR

VARIA NCE

building)

l’.

including

l5< Yes

the setback lane. the same. CONSTRUCTIO NEW N

Appendix information

APPLICATION c. P.13

1990,

‘please refer for additional

(2)

FRONTENAC Act, R.S.O.

DEMOLITION

property is setback from required

(31._8..)

9_7rn

5or;?2)

140 (1

8-2"”

n/a

“/3

(Cottage)

details: sting seasonal

include

subject If the line and the The dimensions and NOT to the

lot 2)

applicable)

water

Setback

Bunldinglstructure

tvvo

Outside

D_|rnens|ons

story

5::::9i’::::.3::’:L”:;

Lot

Structure

of residence)

Setback Front

(E.g.

Type

TOVVNSHIP

Page 99 of 174

date

2023

length

Please

approval

n/a

storm

Sewage composting

operated privy,

Indicate

Water

water body.

the

whether

indicate

drainage

the

sewers,

subject

the

father,

Consent.

land

to and

subject

swales

FOR

the

and

under

means?

septic

the

o w n e syste m d

la ke,

genera tions)

a publicly or communal

well,

owned

I :

VARIA NCE

subject

three

continued:

owned

other

application

Yes

MINOR

for

communal

publicly

have

amended

family

land individual

privately

a or

land

the subject operated

intake.

owner:

constructed

land individual

subject

were

property

current

encroach

land

lake

ditches,

subject

provided owned

the subject operated

1 939

uses

with

system?

structure

fixtures

bedrooms

structures

land

and

privately

disposal

subject

provided owned

since

existing use

septic

and

space

acquired

living

plumbing

number

APPLICATION c. P.13

1990,

development?

FRONTENAC Act, R.S.O.

proposed

part—owner

was

Subdivision

provided

whether of

Plan

the

details:

buildings

land

SOUTH

Planning

addition existing

provided

system,

sewage

water privately means: a

means: disposal is toilets.

other

sewage

that

recreational

time

provided

whether

existing

the the

long—time

subject

1 939

the

(note:

Will

Increase

(c)

(d)

Increase

(b)

uses

Increase

the

provide

(a)

are

please

system, other or

Seasonal

indicate

.The

yes,

What

Estimated

20.The

‘l 9.The

1 8.

n/a

TOVVNSHIF

Page 100 of 174

If known,

**Note:

location of township location

The nearest

The

No yes,

distances to importance

property

The

lines. be and

the Act

HAVE

all

a line

abutting

lot

reference

file

(neighbours’)

AGREENIENT

to and on—site abutting IS REQUIRED varied, should be prepared

subject

and land.

ever

the

Examples banks,

INDENINIFY

of rn

the subje ct buildings, wetlands, the applicant’s

subject crossing.

location

THE

subject

the

railway

the

TOP

VARIA NCE

application

the

NIINCR

features include barns, features from

between bridge or

including

THE

been

FOR amended

fields and wells, septic be shown. The SKETCH is carefully, neatly and accurately owners‘

number

land

artificial

lands.

or stream of these

to as

file

number

ARROVV

following:

the

land has Variance).

give

APPLICATION 1990, P.13 C.

. . . . ..i.e. distance landmark such as point

NORTH

the

give

subject (Minor

all natural the subject ditches, river Show distance to

showing

please

R.S.O.

please

Unknown.

yes,

Act,

FRONTENAC

and dimensions buildings.

MUST

submitted

whether Planning

The location approximate the land that is adjacent watercourses, drainage wells and tanks. septic

boundaries proposed

The and

item

indicate the of

SOUTH Planning DZ No

question

SKETCH

must

Yes

THE

SKETCH

answer If the the application.

please Section

under

Yes

answer application.

If the of the

L’

TOVVNSHIP

Page 101 of 174

Page 102 of 174

Current when

Nature

appoint address

full

—

act on number

this in mailing

P.13

behalf should

your

address,

section,

APPLICATION

1990,

parts

aware

this

of the with

are

shared

roads

planning

zoning

question

FOR

the here

live with

p pos ar tal

VARIAN CE

variance e owne All ’s

MINOR

if they complete

amended

during appear

even

must

that

words, seeking

only

relevant

add

meet

you

can

only

access

private provi de

bu il di nre q an ui th re e d

to than within

this

the to from

that

accessory

further

not to

are asking rather rn structure a 25

and

completed. property

the Township; but lanes

can you a variance developing

why

you

your staff.

looked after driveways, private with others).

are

(not

water, embankment.

the

other

you

question

Parking water.

This

Municipally maintained residents maintain themselves and that are generally property

Docking:

Roads:

and

All

Relief: This is asking what question it could be that asking are to you or that you asking are to increase the height or that seeking are a variance to you construct than the building. principal

Extent of example,

for

acres:

You be not may for in pre-consultation

area,

Reason why can’t comply: you could for because be, example, that is already too close to because impossible of a steep

that

the

appear

FRONTENAC Act, R.S.O.

someone and phone

line

mark,

—

and

mark.

lot

depth,

zoning: you come

water

front

wish name,

must

SOUTH

Planning

owners should

the Subject of Land: District: The Districts are the same as the former Townships. If you the roll number (the long number beginning with 1029) bill. on tax your 020 or 010, district 030, is Bedford; numbers your are if the 040-050 Loughborough, the numbers are if 060 or district is , Storr 070, your numbers ingto are district is 080, Portland. your n; Concession and Lot Numbers: are check if you not sure, bill tax your Street Number: Your civic address civic if a number has been not blank. space Name of Road/Street: This question whether or you are applies not a public road. Plan Reference No: has If your been surveyed. it will have property one or more on that parts has plan. If your property been surveyed, not blank. Roll No: This is the number beginning with ‘1029’ which on appears take time look to it up before submitting the application.

water

variance

Frontage,

Description

authorization

may

names all of address(es)

the

You

person’s

The and

TOVVNSHIP

Page 103 of 174

actually

may

Length

Water their

Septic:

years,

20)Date

19)Date

space.

new

the is

columns.

Structure: under it.

acquired:

most

from

lake.

cases the

uses:

most

cases

existing months’?

supply:

buildings:

the answer

are

will

not

take

e.g.

are

answer

example,

you

—

answer

words,

walls

did

For

Please with

other

When

build

permit

new

from

dwelling,

screened

part

proposing

the

private

will

has

sure,

sewage

private

land

provide

possession

each

you

the

will are “vacant

you

your

the

must a

but

used

best

for

but

some

property?

An involve

invo si lved d . ei

depar tment .

be deck,

there

ma y

waterfront

residential

a n

n c increase e.

building

estimate.

the

would

question.

raise

system,

well,

been

porch

this

add

systems.

building be accomplished the beginning at add on your to is demolition

the

and

septic

of thi s descr ibe

now,

VARIAN CE

as c o recreational ns tr u the property, ct

the same planning

sections please

land

NIINDR

property

development

ANYTHING garages,

and

height cannot to the Committee permission to it clear that there

FOR amended

recreational

complete all your dwelling,

question would

decks,

proposed addition to

ALL

planning additions,

this

must

structures

vacant,

You deck

“residentiaI”

vacant

APPLICATION P.13 1990, C.

business,

currently section in

answer

structures: there

are includes

you

buildings

retail

FRONTENAC R.S.C). Act,

derno All requires n a proposed addition or increase walls. is not made clear If this although that, are granted you do it because have made you not

ion:

and

ANY

construction: construct

This

proposing to in separate

“yes”

existing

water

land

are

Generally. the land be described section 13 would

structures:

SOUTH

Planning

residential,

buildings of property. your

Uses: example, use to

e.g.

there If “yes”.

residence.

Uses:

Development: include anything

basement

18)Uses would

find

Dernol instances, existing of

you

are information

Description

question

Proposed

Proposed but if, for then the described

from

the

Description

structure

17)Raising

Buildings:

question

Existing

TOVVNSHIP

Page 104 of 174

Drainage:

been

application

have

FOR

for

consent

constructed

amended to

with

VARIA NCE

(severance)

deal

IVIINOR

be signed application, sign must

application can help

Must the

is a current number. (Staff

the

severance this

application

can

commissioner

or subdivision information)

of in front or sign the application,

provide

for

of oath front s of signed

Agreement to Indemnify: this done before submitting as commissioners. owners All has been appointed.

currently

that

there

ditches

APPLICATION 1990, c. P.13

t h e Minor variance: Has there ever been a minor variance granted the property? on time owner of the probably property, you will be aware of any other special for a variance to the zoning by—Iaw. are a new If you the owner, seller p will you aware this. r of o b there has If If been yes: a previous variance granted on the property, a application number if known, and what the details of the variance were. b l SKETCH: Vve cannot stress enough the importance of a detailed, accurate,y sketch. You do not necessarily need to contract with a professional to but sketches that are not drawn to do show not dimensions scale, and not drawn neatly (PLEASE USE RULER), be A will not accepted.

specific

R.S.C).

If there the file

if yes: indicate

consent:

etc.’?

there

Act,

FRONTENAC

Are drainage.

SOUTH Planning

Application for for the property?

natural

TOVVNSHIP

Page 105 of 174

cclodrne

closest

septic

Building

area

distance

l-ieigrii:

including all

sl-icieline:

structures)

cutside

or exterior

exterior 13-¢,5m=

«L/-6.3rrI

unknown

or (area its decks

(area

1 o.5ir1) (14:13:12) of (area its decks

(20ft excluding

1 s1.7m=(174oit=) cottage including 1 a2,srn= (1 seem) 4.8m (1

walls Roof

(area

shoreline: outside

(144srt=) walls)

Footprint

Existina 1 34.5m2 exterior

ccttaae

distance (area

area:

Bulldlng

lsland

walls);

Footprint

closest

Gross

1 cs

Architects

vlddr

Esrry

Principal

Bear

Appendix

1 7

street ON Kingstcn K7K 61 3—7E5—B775

Lot

and

existing

and

stairs) stairs)

exisxing

outside

15.5rn

Lem

I/din)

Proposed .5rn= (27cl71t=) (area exterior walls, tl ground o screened porch and excl or udin seccnd nod bay window, g dcucle height space) r: : 5.7m (31f! sin; (15u7rt=) ’ 1 40m! (area n percri and excludes tc c 1-1om= ri (15o7lt=) in (area l cl porch and excludes en kitcri u en u 1 SEWIEHSIOHZ) d d s.2m (27I‘t) es e 251

NOR TH SHORE ROAD E YLA NE

Inset Inset Map Map

VAL L

ROUND ROCK ISLAND

PL-ZNA-2023-0110 (WILSON) 20620 BRIDGE ISLAND

20500 BEARBERRY ISLAND Legend

Loughborough Lake

Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary Road Railway

20500 BEARBERRY ISLAND

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 106 of 174

Scale: 1:939 0

20 m

UTM Zone 18 NAD 83 LOON ISLAND

Date: 2023-09-15

Zoning Information for RLSI - Limited Service Residential - Island Zone Principal Building Lot Area (min.) Lot Water Frontage (min.) Lot Width at Rear Lot Line (min.) Front Yard (min.) Rear Yard (min.) Interior Side Yard (min.) Exterior Side Yard (min.) Gross Floor Area (min.) Lot Coverage (max.) Building Height (max.) Setback from Highwater Mark or Floodline of a Body of Water (min.)

existing wood dock to remain 1” 02 ‘-1

20 0”

8’-1

top of slope per site visit with Cataraqui Conservation existing storage shed 2 to remain

top of slope 4m setback top of slope 6m setback

existing storage shed 3 to remain

Allowable 2ha (4.9acres) 91m (300ft) 76m (250ft) 30m (98.4ft) 10m (32.8ft) 3m (9.8ft) 3m (9.8ft) 59m2 (635.1ft2) 5% 11m (36.1ft) 30m (98.4ft)

Existing 0.26ha (28139ft2) 233m (764ft 9in) n/a n/a n/a n/a n/a 134.5m2 (1448ft2) 6.2% (162m2 (1740ft2)) 4.8m (16ft) 6.3m (20ft 10.5in)

Proposed unchanged unchanged n/a n/a n/a n/a n/a 251.5m2 (2707ft2) 5.4% (140m2 (1507ft2)) 8.2m (27ft) 9.7m (31ft 8in)

BEAR BERRY ISLAND existing wood dock to remain water’s edge 100 year floodplain (125.1m elevation) shown dashed

Zoning Information for RLSI - Limited Service Residential - Island Zone Accessory Buildings

septic setback

proposed cottage shown shaded

20’-10 2”

‘-3

LOUGHBOROUGH LAKE

" water’s edge 100 year floodplain (125.1m elevation) shown dashed

existing cottage/deck/stairs to be demolished shown dashed proposed roof canopy shown dashed

existing wood dock to remain

1’-2 1 4"

proposed roof overhang shown dashed

existing utility vault -8"

31’

6m floodplain setback shown dashed

existing storage shed 1 to remain

Setback from Highwater Mark or Floodline of a Body of Water (min.)

30m (98.4ft)

Existing n/a n/a n/a 3.6m (11ft) (highest of four) varies, refer to site plan

Lot Coverage (max.)

2.9% (76m2 (820ft2))

Proposed n/a n/a n/a unchanged

2.7% (70.6m2 (760ft2))

unchanged

Survey Information

existing shed/pump house to be demolished

1 8’-

Allowable 3m (9.8ft) 3m (9.8ft) 3m (9.8ft) 6m (19.7ft)

Rear Yard (min.) Interior Side Yard (min.) Exterior Side Yard (min.) Building Height (max.)

Site Plan information taken from: Plan of Survey of All of Bear Berry Island in Loughborough Lake Opposite of Lot 3 & 4, Concession 10 and All of Bridge Island in Loughborough Lake, in front of Lot 4, Concession 10 Geographic Township of Storrington, Township of South Frontenac, County of Frontenac Survey By: IBW Surveyors Ltd. December 20, 2022

existing deck to remain 1 12’-52"

Page 107 of 174

Lot 9 Architects 17 Colborne Street Kingston, ON K7K 1C5 T: 613-766-8776

Project:

Drawing:

Bear Berry Island Cottage

Site Plan

Loughborough Lake Project No.: 2203 Date: October 23, 2023

Scale @ 11x17: 1/32" = 1’-0"

Drawing No.:

A01

guest

top o

piers - location and number tbd

f slop

6m flo

odpla

in set

e 4m s 23’- etback 9"

back

17’-

2’-0

se tba ck

firep

18’- 1 94 "

3’-0

" cs etb

lace

pti

se pti c

masonry fireplace concrete foundation

screened porch roof canopy above

shown dashed

living

woodstove roof canopy above

shown dashed

dining 1 "

48’-1 4

bay w

kitchen

indow

dahsed line of cottage above

pantry

mechanical crawl space

area: 1507ft2 (140m2) (taken from the outside of exterior walls (area includes screened porch, excluded kitchen bay window)

w d

18’-2"

1 Foundation Plan A04 3/32" = 1’-0"

Page 108 of 174

Lot 9 Architects 17 Colborne Street Kingston, ON K7K 1C5 T: 613-766-8776

2 Ground Plan A04 3/32" = 1’-0"

Project:

Drawing:

Bear Berry Island Cottage

Plans Foundation, Ground

Loughborough Lake Project No.: 2203 Date: October 23, 2023

Scale @ 11x17: 3/32" = 1’-0"

Drawing No.:

A02

guest

roof overhang above

shown dashed

dn firep chim lace ney

fireplace chimney

roof canopy below loft roof canopy below

roof canopy

shown dashed

guard

open to below line of exterior building face below woodstove chimney

woodstove chimney

primary bedroom

ensuite

area: 1200ft2 (111.5m2) (taken from the outside of exterior walls (area excludes the double height space, roof overhangs and canopies))

roof area: 1810ft2 (168m2)

4’-0" 1 Second Plan A05 3/32" = 1’-0"

2 Roof Plan A05 3/32" = 1’-0"

Page 109 of 174

Lot 9 Architects 17 Colborne Street Kingston, ON K7K 1C5 T: 613-766-8776

Project:

Drawing:

Bear Berry Island Cottage

Plans Second, Roof

Loughborough Lake Project No.: 2203 Date: October 23, 2023

Scale @ 11x17: 3/32" = 1’-0"

Drawing No.:

A03

19’-4-1/2" 16’-4-1/4"

9’-8-1/4" 8’-6"

0’-0"

1 North Elevation A04 3/32" = 1’-0"

19’-4-1/2" 16’-4-1/4"

9’-8-1/4" 8’-6"

0’-0"

2 East Elevation A04 3/32" = 1’-0"

3 East Elevation A04 3/32" = 1’-0"

Page 110 of 174

Lot 9 Architects 17 Colborne Street Kingston, ON K7K 1C5 T: 613-766-8776

Project:

Drawing:

Bear Berry Island Cottage

Elevations North, East

Loughborough Lake Project No.: 2203 Date: October 23, 2023

Scale @ 11x17: 3/32" = 1’-0"

Drawing No.:

A04

19’-4-1/2" 16’-4-1/4"

9’-8-1/4" 8’-6"

0’-0"

1 South Elevation A05 3/32" = 1’-0"

19’-4-1/2" 16’-4-1/4"

9’-8-1/4" 8’-6"

0’-0"

2 West Elevation A05 3/32" = 1’-0"

3 West Elevation A05 3/32" = 1’-0"

Page 111 of 174

Lot 9 Architects 17 Colborne Street Kingston, ON K7K 1C5 T: 613-766-8776

Project:

Drawing:

Bear Berry Island Cottage

Elevations South, West

Loughborough Lake Project No.: 2203 Date: October 23, 2023

Scale @ 11x17: 3/32" = 1’-0"

Drawing No.:

A05

October 2, 2023

File: MV/FRS/223/2023

Sent by E-mail Mr. Noah Perron, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Perron: Re:

Application for Permission S 45(2) PL-ZNA-2023-0110 (Wilson) Island Parcel, Concession 10; Bear Berry Island Storrington District, Township of South Frontenac Waterbody: Loughborough Lake and Leland Provincially Significant Wetland

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the reconstruction and expansion of an existing residential dwelling and construction of a new septic system on the subject property. The variance is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 9.7 metres to permit the construction of the new dwelling.

Site Description The subject property is located within the east basin of Loughborough Lake and is situated on Precambrian Shield. The rocky shoreline bordering the subject lands rises steadily a couple metres then levels out towards the centre of the island where the development is proposed. There are some other rock outcroppings located along the eastern side of the island. There are mature trees scattered throughout the lot. Staff visited the site on November 18, 2022. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and is zoned Limited Service Residential – Island (RLSI) in the implementing Zoning Bylaw. Discussion

Page 1 of 3

Page 112 of 174

Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Loughborough Lake and the protection of the hydrologic function of the provincially significant wetland. Natural Hazards / Ontario Regulation 148/06 Flooding: The highest recorded water level for Loughborough Lake is 125.10 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Additionally, Cataraqui Conservation requires the new dwelling and septic system to be floodproofed, such that the minimum floor elevation of the new dwelling is at least 0.3 metres above the regulatory flood plain, and the septic system distribution pipes are at least 0.9 metres above the regulatory floodplain. This requirement will be confirmed at the permitting stage. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 4 metres from the stable top of bank. Based on observations taken on site and the site plan submitted with the application, the proposed dwelling and septic system are located outside the extent of the erosion hazard. Leland Provincially Significant Wetland: Cataraqui Conservation, under O. Reg. 148/06, regulates the areas within 120 metres from the limit of the Leland PSW, to protect the hydrologic function of the PSW. Our policies and guidelines require new development to set back at least 30 metres from the limit of the PSW. As proposed, the development will be located entirely outside of the 30 metre setback from the PSW and the dwelling will occupy an overall lesser footprint on the island. Staff are satisfied that the proposal will not result in adverse impacts to the hydrologic function of the wetland. Staff have no concerns from a natural hazards and regulatory perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term.

Page 113 of 174

Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0110 based on our consideration for natural hazard and regulatory policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Loughborough Lake (the elevation 125.10 m geodetic), within 15 metres of the top of bank of the shoreline, or within 120 metres of the Leland Provincially Significant Wetland is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner cc:

Sam Laffin, Agent, via e-mail

Page 114 of 174

Page 115 of 174

NTE

SO UTH

Type of Application or Proposal:

Number:

A’°p"°“‘“°"

To:

Comments:

Location:

No Objections, a suitable location for the installtion of a class 4 sewage system appears to exist. A design by a professional engineer in expertise related to sewage systems is recommended to due complexity of the location and site constraints.

20500 Bearberry Island, Loughborough Lake Township of South Frontenac (Storrington)

Wilson, Ed

Minor Variance

PL—ZNA—2023—O1 10

Secretary—Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

SEWAGE SYSTEM REVIEW COMMENTS

Applicant Name(s):

m \

nu»

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Subject:

Permission Application (S. 45(2) of Planning Act), PL-ZNA2023-0110, Wilson, 20500 Bearberry Island, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-complying dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Island (RLSI) Zoning Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling on the property within 30 metres of the highwater mark of Loughborough Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is an island on Loughborough Lake with an area of approximately 0.75Ac. Existing development consists of a 161.5sqm seasonal dwelling with attached deck, three storage sheds, a pump house and detached deck. The existing seasonal dwelling is setback 6.3m from the highwater mark of Loughborough Lake. The subject property is accessed via floating dock on the north side of the island. The developed portion of the island, near the seasonal dwelling, is relatively flat before slopping upwards towards the southern boundary. The entirety of the subject property is densely covered in mature trees and www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 116 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of Planning Act), PL-ZNA-2023-0110, Wilson, 20500 Bearberry Island, Storrington District

vegetation growth. The small island to the north of the subject property is undeveloped but connected to the subject property via a dock. The surrounding area consists of similar islands featuring limited service residential development. Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal nonconforming use located within 30m of the highwater mark of Loughborough Lake. The existing 161.5sqm one-storey seasonal dwelling with attached deck is setback 6.3m from the highwater mark of Loughborough Lake. The applicant is proposing to replace the existing structure with a new two-storey seasonal dwelling. The proposed dwelling will be built mostly within the footprint of the existing but has been redesigned so as to occupy a lesser area, being 140sqm. The proposed structure would have a gross floor area of 251.5sqm, a height of 8.2m and will be setback 9.7m from the highwater mark of Loughborough Lake. The proposal would facilitate a decrease in lot coverage from 6.2% to 5.4%. Additionally, the applicants are proposing to service the dwelling with a new class 4 sewage system, to be setback a minimum of 15m from the highwater mark of Loughborough Lake. Agency Comments Cataraqui Conservation staff, in a letter dated October 2, 2023, provided comment stating that they had no objection to the approval of the application. They note that the proposed development is located within the area regulated by O. Reg 148/06 and therefore a permit from the CRCA will be required for the proposed development. CRCA staff also note that if approved, proper sediment and erosion controls be incorporated into construction plans, in addition to maintenance of a healthy shoreline buffer. Building Services completed a sewage review and in a letter dated October 10, 2023, cited no objection to the approval of the application. Staff acknowledged there was a suitable location for the installation of a class 4 sewage system. Additionally, it was recommended that sewage design be undertaken by a professional engineer due to the complexity of the location and site constraints. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The subject property is zoned RLSI. The proposed seasonal dwelling is a permitted use within the RLSI zone.

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Page 117 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of Planning Act), PL-ZNA-2023-0110, Wilson, 20500 Bearberry Island, Storrington District

Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of gross floor area or increase in height. This provision prohibits the enlargement of existing buildings, without seeking permission from the Committee of Adjustment. The existing seasonal dwelling is a legal non-conforming use as it was constructed prior to the current Zoning By-law. The existing seasonal dwelling occupies a footprint of 161.5sqm and is setback 6.3m from the highwater mark of Loughborough Lake. Through its powers under Section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the seasonal dwelling. The proposed enlargement would involve the removal of the existing seasonal dwelling, in favour of a new seasonal dwelling. The proposed seasonal dwelling would be constructed mostly within the footprint of the existing but has been redesigned to occupy a slightly lesser area (140sqm vs. 161.5sqm). The proposed enlargement would facilitate an increase in gross floor area to 251.5sqm, and an increase in height to 8.2m. Additionally, the proposed seasonal dwelling will improve upon the existing setback from the highwater mark of Loughborough Lake (9.7m vs. 6.3m). Proposals to enlarge a legal non-conforming use are not required to demonstrate conformity with Official Plan policy or compliance with Zoning By-law requirements. However, planning staff are permitted to consider potential impacts, as well as the desirability of the proposal for the appropriate development or use of the land. With respect to impacts, the improved shoreline setback as well as the new sewage system should minimize any environmental impacts on Loughborough Lake. Further, the proposed dwelling will incorporate low-impact design principles and will be effectively screened from the lake by existing vegetation. The proposed enlargement is also desirable for the appropriate development of the land. The existing seasonal dwelling has deteriorated in quality with age. For example, the dwelling is supported by stacks of concrete cinderblock in several locations, and its exterior and roof are significantly weathered. Therefore, the proposed enlargement provides the opportunity to replace the existing structure with a safer alternative. As such, Township Planning Staff interpret the proposed enlargement as an improvement over the existing conditions of the subject property. Conclusion It is the opinion of Township Planning Staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming use on the property, as described in this report.

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Page 118 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of Planning Act), PL-ZNA-2023-0110, Wilson, 20500 Bearberry Island, Storrington District

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending any comments received, approve application PL-ZNA-2023-0110 for 20500 Bearberry Island, subject to the following conditions:

Permission is granted to enlarge the legal non-conforming seasonal dwelling on the subject property. The dwelling may be enlarged to a gross floor area of 251.5sqm and a height of 8.2m, setback 9.7m from the highwater mark of Loughborough Lake. The location and dimensions of the proposed dwelling must be consistent with the plot plan submitted by Lot 9 Architects on October 23, 2023, that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Loughborough Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, except in the immediate area of the building envelope.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.

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Page 119 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of Planning Act), PL-ZNA-2023-0110, Wilson, 20500 Bearberry Island, Storrington District

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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Page 120 of 174

Page 121 of 174

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Page 129 of 174

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Page 130 of 174

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Inset Map Inset Map

162 MCEWEN LANE

C EBOB’S W LAKE RD EN

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55 OAK SHORES CRES Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity 57 OAK SHORES CRES

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73 OAK SHORES CRES 39 OAK SHORE CRES

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 133 of 174

Scale: 1:1,299

T RESCEN OAK S HORES C

66 OAK SHORES CRES 44 OAK SHORES CRES

12.5

50 m

UTM Zone 18 NAD 83

Date: 2023-10-24

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6 November, 2023 Kate Kaestner Secretary-Treasurer Committee of Adjustment P.O Box 4432 George St., Sydenham, Ont. K0H2T0 Notice of Hearing on Minor Variance/Permission Application PLZNA20230122 The very short notice period for this hearing is disturbing. Notice received one week prior to hearing which is not enough notice to properly prepare. My neighbors, me and my lawyer are not available for next week and therefore this short version of our concerns is sent by email and mail. I would like to be informed of the requirement in the rules regarding notice for these hearings. With respect; the purpose of this letter is to object to the proposal based on the fact that it is incomplete and contains false data and further that approval of this request sends a message to the public and builders that if you build outside of the building rules and regulations you can still get approval. A dangerous precedent is being set here. In addition, approval of this request outside of the regulations which are in place in part to protect the lake environment potentially endangers said environment in our fragile lake eco system and the regulations also protect neighbors and others from inappropriate development which could affect the quality of life and property values. Whatever happens here politicians and officials in South Frontenac will have to live with the impact and fallout of the decision. The application is incomplete because it makes no mention of the Lot Coverage Area and the 5% rule. I consulted when the addition was built on this cottage many years ago and they were maxed out at that time. The application needs to include this vital information. In addition, the application makes no mention of the existence of the large Bunkie which is located now in the vicinity of the septic tank. I have sent a picture of this separately. I will contact RVCA to confirm that all this meets their requirements and you should do so as well before considering this matter. There were alterations made to the septic system which we need confirmation that they were done and inspected appropriately to avoid problems for all of us. In terms, of errors I would point out that the deck on the north side of the cottage shows a distance of 32 feet to the property line when in fact it is only 9 feet to the corner of the cottage to my lot line. In addition the newly constructed deck on the north side now encroaches on the that side yard by two feet. The damage done to my property by the installation of the Bunkie on it is under review and may require court action involving the applicant, Hartington Equipment and South Frontenac. South Frontenac failed to protect me from this project even though they were informed. They also permitted construction to continue without a stop work order. Construction continues even today.

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My recommendation is that this be given a total site review and all the facts need to be made public in order for a decision to be made. I am not against a compromise here but we need to be fully informed and involved. I am not trying to be overly difficult here however I need to ensure a good outcome for all. I will need a copy of the decision sent to me at the address below in order for me and my team to evaluate next steps. Whether to involve the Ontario Building Code Commission, the GBCLA and the Foundation to name a few will wait until this matter is resolved. Yours respectfully

C.C. Mayor Ron Vandewal Charlene Godfrey, Councilor Bcc

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November 1, 2023 23-SFR-MVA-0047 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention: Tom Fehr Subject:

Pritchard, Dustin; Application for Minor Variance, PL-ZNA-2023-0122–55 Oak Shores Cres, Lot 22, Concession 2; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0100 2014 2000 0000 ———————————————————————————————————–Dear Mr. Fehr, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act);
The Mississippi-Rideau Source Water Protection Plan;

The Proposal The RVCA understands this application is seeking retroactive relief from the Townships Zoning By-law to recognize an addition to a deck within the required water setback. The deck has been expanded to the west, given the configuration of the shoreline this has resulted in a 1.6 m encroachment into water setback established by the original deck. It is our office’s understanding that an original deck with was setback of 16.8 m (55 ft) from Bobs Lake, the addition has reduced the setback to 15.2 m (50 ft).

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The Property The subject property is an irregularly shaped lot indicated as being 2792 m2 (0.69 acre). The property is developed with a dwelling, attached deck, shed and bunkie/sleeping cabin. Stone steps provide access to a detached deck and dock at the shoreline. Mature trees are present throughout the property and along the shoreline. Portions of the lot slopes steeply. From the site visit conducted Nov 1, 2023 and a review of the desktop mapping the following natural hazards or natural heritage features are indicated: -Our office has determined the 1:100 year flood level on Bobs Lake to be 163.07 metres above sea level -Bobs Lake is considered to be a watercourse for the purpose of our regulation -The property overlies a highly vulnerable aquifer -Steep slopes are present on the property A review of our records does not reveal the presence of marine clays, organic soils, or wetland areas. Review Comments Provincial Policy Statement Concerning section 3.1 of the PPS our office has no concerns with respect to the 1:100-year flood level or slope hazard. Ontario Regulation 174/06 Our office regulates the shoreline of Bobs Lak. Any development proposed along the shoreline of Bobs Lake (including, but not limited to, grading, site alteration, dock installation, or erosion protection works) requires prior written permission from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. A recent permit (RV1-1223) was issued for the placement of stone steps and an upland retaining wall. Conditions were provided for sediment and erosion control as part of this review. The deck addition was constructed outside the portion of the property subject to regulation by our office. Source Water Protection Most of RVCA’s watershed has been identified as a highly vulnerable aquifer as s indicated in the Mississippi-Rideau Source Water Protection Plan. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • increased well casing depths; • increased distance of septic systems from drinking water wells;

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Page 2 of 3

• • •

ensuring wells are located upgradient of septic sewage disposal systems ensuring that wells and septic systems are properly maintained, avoiding the use of pesticides, herbicides, and fertilizers

Discussion From the site visit it was observed that loose soil is present above the shoreline from the recent construction work involving the stone steps and above a recently established retaining wall. This was discussed with the property owner; it was stated that some areas had been reseeded and establishment of sparce vegetation was observed near the shore. Stabilization of soil and establishment of native vegetation is recommended to protect against erosion and sedimentation. RVCA’s shoreline naturalization program can provide assistance with shoreline planting, please visit https://www.rvca.ca/stewardship-grants/shoreline-naturalization/shorelinenaturalization-program for more information. Recommendations Should the Township allow the variance our office would have the following recommendation for conditions of any implementation agreement or notes to be included in any decision:

Sediment and erosion controls (such as silt fencing & straw bales) should be installed on the downslope side of the recently disturbed area with exposed soil and be maintained in place until vegetation has re-established. -For any work undertaken along the shoreline of Bobs Lake and 15 m inland, a permit will be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses”). -Vegetation should be reestablished along the shoreline and existing vegetation retained with in the 30 m setback of Bobs Lake. Conclusions In conclusion, our office has no objection to the subject application. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 692-3571 x1109 should you have any questions. Yours truly,

Sarah MacLeod-Neilson Planner cc –Dustin Pritchard, owner cc –Brandon Holden, RVCA

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Page 3 of 3

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0122, Dustin Pritchard, 55 Oak Shores Crescent, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming deck under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Island (RLSI) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming deck on the property within 30 metres of the highwater mark of Bobs Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The subject property has a lot area of 0.28ha with 51.8m of frontage on Bobs Lake and 13.5m of frontage on Oak Shores Lane. The property contains an existing dwelling with an attached deck as well as a small shed. It was also identified during the site visit that another detached accessory building was recently located onto the property – this structure is located within the 30m setback from Bobs Lake. The owner has indicated that this structure is to be removed from the property in the spring.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 142 of 174

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0122, Dustin Pritchard, 55 Oak Shores Crescent, Bedford District

The topography of the lot slopes down steeply from the road to a roughly level area where the existing development is located. The property continues to slope down from the dwelling to the shoreline of the lake. The property is primarily treed and is located in an area of similar waterfront residential development. Summary of Proposal To request permission under Section 45(2) of the Planning Act to enlarge an existing 70.6sqm deck attached to an existing dwelling. The existing deck and dwelling are legal non-conforming due to being located within 30m of the highwater mark of Bobs Lake. The existing deck is set back 16.7m from the lake and wraps around the dwelling on three sides. The deck attached to the southwest side of the dwelling has been expanded. The new overall area of the deck is 91.7sqm and it is set back 15.2m from Bobs Lake. The deck has been reconstructed and expanded prior to the granting of the required approvals and building permits. Agency Comments The application was circulated to Rideau Valley Conservation Authority for review. The RVCA reviewed the application and stated that they have no objection to approval of the application. They note that should the application be approved, they recommend the implementation of sediment and erosion control measures between the disturbed area and the shore until vegetation has been re-established. They further recommended that vegetation should be reestablished and retained within 30m of Bobs Lake. Public Comments No comments were received on the application from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSI in Zoning By-law No. 2003-75. The dwelling and attached deck is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing deck is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 16.7 metres from the highwater mark. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0122, Dustin Pritchard, 55 Oak Shores Crescent, Bedford District

Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the deck. The criteria for considering an application under Section 45(2) are: Whether the application is desirable for appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood. The deck on the northeast and northwest sides of the dwelling have been rebuilt no larger than the previous deck. The deck on the southwest side of the house has been expanded. The original deck on the southwest side varied in depth from 2.4m to 1.2m. The original southwest deck also did not extend out towards the water as far as the deck on the northwest side of the dwelling. The deck expansion has effectively squared off the corner of the deck by having the whole deck width be 2.4m along the length of the deck and by extending the deck out to match the depth of the northwest deck. By squaring of the corner of the deck, due to the curve of the shoreline, the expanded deck will be slightly closer to the lake than the existing deck at 15.2m compared to the existing setback of 16.7m Regarding lot coverage, the new deck footprint is slightly larger than the existing deck at a 21.1sqm increase and lot coverage will be increasing from 5.1% to 5.8% as a result of the development. The expanded deck results in minimal additional site disturbance or vegetation removal. With the recommended conditions there are no adverse impacts anticipated and the application represents desirable and appropriate development for the property. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming deck on the property, as described in this report.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0122, Dustin Pritchard, 55 Oak Shores Crescent, Bedford District

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0122 for 55 Oak Shores Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming deck on the subject property. The replacement deck is permitted to have a 91.7 square metre floor area and be set back a minimum of 15.2 metres from the hight water mark of Bobs Lake, consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Runoff will be directed away from the shoreline of Bobs Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline.
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 the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

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Inset Map Inset Map 7300 PERTH RD

1046 ROOST LANE

BUR NT

Y LA NE

POI

7269 PERTH RD

I W

PL-ZNA-2023-0122 (KAAK)

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7248 PERTH ROAD Legend Subject Property Provincially Significant Wetland

7263 PERTH RD

Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity

7248 PERTH RD

Non-Lake Trout Lake - At Capacity Township Boundary Road Railway

1003 SHEA LANE

ER TH

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RO AD

Buck Lake

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. While the County 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: 1:1,200

40 m

UTM Zone 18 NAD 83

Date: 2023-10-25

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mmapm‘ 77‘U/sci

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@ 9” WC’

From: To: Subject: Date:

s planning Hearing on minor variance/permission application PLZNA20230123 November 6, 2023 1:06:48 PM

Hi. I have received a letter notifying me of the hearing on minor variance/permission application PLZNA20230123 on November 9th. My property is at , adjacent to 7248 Perth Road on two sides. My only concern with the variances is the risk of contamination in the creek that flows into Buck Lake. I don’t have the expertise to know what the risks are, but the 30m setback from a watercourse was made for a reason. I am concerned that the risk of contamination in the creek has risen quite a bit after these buildings and septic bed are constructed. However, I will defer to experts who understand these risks much better than I. Thanks.

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a single detached dwelling, septic system, and accessory buildings subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.

Background Official Plan Designation: Rural Zoning: Rural (RU) Zoning Relief Requested: Structure Single Detached Dwelling

Section

5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank Septic System 5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank Detached Garage 5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank

Provision 30m

Proposed Setback 22m

Requested Variance 8m

15m

30m

21m

15m

6.5m

8.5m

30m

22m

15m

22m

N/A

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 167 of 174

Township of South Frontenac Staff Report - PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

Structure

Section

Provision

Shed 1

5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank 5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank

Shed 2

30m

Proposed Setback 18m

Requested Variance 12m

15m

10m

30m

18m

12m

15m

10m

Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property has a lot area of 1.24ha with 157m of frontage on Perth Road and is roughly rectangular in shape. The property does not have any frontage on Buck Lake however it has a view of the lake. There is a large rock knoll in between Perth Road and the area of proposed development. The area of development is grouped into a linear strip on the property located between the rock knoll and a steep valley that contains a watercourse that exits into Buck Lake. The area of development and driveway area has been cleared. The balance of the property contains native vegetation and mature tree cover. The property currently contains two small sheds which will be relocated to the locations noted on the plot plan. The surrounding area is characterized by waterfront and nonwaterfront residential development. Summary of Proposal The Owner proposes to construct a 97.7sqm single detached dwelling, a new septic system, a 32sqm detached garage, and relocate two existing 9sqm sheds on the property. The developable area on the property is constrained due to the topography of the lot and the watercourse that runs through the property. Minor variances are being requested for relief from the 15m top of bank setback as well as from the 30m setback from a watercourse that runs through the property.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

Agency Comments The application was circulated to Cataraqui Conservation and Building Services for review and comment. Cataraqui Conservation provided comments noting that they had no objection to approval of the application based on their review of the site and proposed development in relation to natural hazards. They have identified the extent of the erosion hazard associated with the ravine to be the area within 6m from the top of bank. The note that the proposed development is located outside the erosion hazard. They recommend sediment and erosion controls be incorporated into construction plans and that the maintenance and enhancement of a healthy buffer of native vegetation between the development and the water is implemented. No comments were received from Building Services at the time of writing this report. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a single detached dwelling, septic system, and accessory buildings on lands that are designated Rural in the Official Plan on Schedule A. The proposed location of the development minimizes site alteration required and maximizes the setback of the dwelling and septic system from the watercourse, as intended by section 5.2.7(b) of the Official Plan. The proposed dwelling would be close to a steep slope. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15 metre setback from the top of bank, as required by the Zoning By-law. The proposed development is set back varying distances from top of bank ranging from 6m to 22m. Cataraqui Conservation reviewed the application

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

with regard to natural hazards and confirmed that it would be safe for the development to be located in the proposed locations. The proposed location of the proposed development works with the topography of the land and minimizes site alteration required and maximizes the setback of the development from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed dwelling and associated development is a permitted use in the RU zone. Meeting the 30m setback from the highwater mark is not possible on the property due to the location of the valley and watercourse running through the property, and the rock knoll running parallel to the watercourse – these features limit development on the property to a relatively narrow strip between them. The location of the development maximizes the setback from the highwater mark. The application complies with all other zoning requirements including lot coverage which is to be 0.8% for the primary building and 0.4% for accessory lot coverage. With the recommended conditions the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The proposed development is located in the only practically developable area on the property considering the site constraints. The proposed location will minimize site alteration and vegetation removal required (e.g. maintain topography, soil mantle and existing vegetation), and ensure that development setbacks are maximized from the top of bank/watercourse. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. Vegetation would be maintained to provide visual screening from the nearest neighbour and to provide visual screening and buffering to the lake. The requested variances are minor in nature.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0123 for 7248 Perth Road, subject to the following conditions.

The minor variance is for a single detached dwelling, septic system, detached garage, and two sheds: a. The dwelling is permitted to be set back a minimum of 22m from the watercourse and 6m from the top of bank; b. The septic system is permitted to be set back a minimum of 21m from the watercourse and 6.5m from the top of bank; c. The detached garage is permitted to be set back a minimum of 22m from the watercourse; d. The sheds are permitted to be set back a minimum of 18m from the watercourse and 10m from the top of bank; e. The location of the development on the property must be consistent with the application sketch received by the Township on October 20, 2023.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the watercourse and neighbouring buildings and structures, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of Buck Lake.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0123, Hans Kaack, 7248 Perth Road, Loughborough District

A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0123 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 9, 2023 Subject: Decisions on Delegated Consents

Summary This report is an information report to the Committee of Adjustment summarizing the Consents that have been approved by Delegated Authority since the last Committee of Adjustment Meeting.

Background The authority to grant undisputed consents is delegated to the Director of Development Services under By-law 2020-27. This report lists the applications which met the criteria for being considered as an undisputed consent and have received provisional consent approval. Committee of Adjustment is notified for information.

Discussion/Analysis a) PL-BDJ-2023-0070 (Vallier) (Ruddock) - Loughborough This undisputed consent was granted provisional consent on October 10, 2023. The purpose of this consent application was for one rural lot addition, being 4.79 acres in size, from property located at 2124 Charlie Green Road b) PL-BDJ-2023-0095 (Hunter) (Kelly) - Bedford This undisputed consent was granted provisional consent on October 10, 2023. The purpose of this consent application was for one waterfront residential lot addition, being .04 acres in size, to be added to benefitting lands at 14 Kelly Lane.

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Page 173 of 174

Township of South Frontenac Staff Report - Decisions on Delegated Consents

Attachments None. Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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Committee Of Adjustment - 09 Nov 2023 - Agenda

Document Text

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