Committee Of Adjustment - 10 Aug 2023 - Agenda

Published August 10, 2023

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: August 10, 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, August 10, 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

None Declared.

Approval of Minutes – July 13, 2023

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

There are none.

New Consent Applications:

There are none.

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

PL-ZNA-2023-0046 (Sheridan)

4 - 83

84 - 96

97 109

Property Address: 144 Timmerman Road (Bedford District) Purpose and Effect of the Application:

Page 1 of 250

The applicant is proposing to construct a new 102.9 square metre (1108 square feet) detached garage/quilt room on the subject property. The proposed accessory structure is to be setback 6.1 metres (20 feet) from the front lot line. 9.

New Minor Variance / Permission Applications:

PL-ZNA-2023-0062 (Roach)

110 135

Property Address: Linea Drive (Storrington District) Purpose and Effect of the Application: The applicant seeks to permit a single detached dwelling to establish a minimum 10 metre front yard setback, whereas the R-10 zone requires a minimum 20 metre front yard setback.

PL-ZNA-2023-0063 (Duncan)

136 163

Property Address: 421 Stafford Lane (Storrington District) Purpose and Effect of the Application: The applicant seeks zoning relief to permit a seasonal dwelling to be erected 24 metres from the highwater mark of Little Cranberry Lake, whereas the Zoning By-law requires a minimum 30 metre setback from the highwater mark.

PL-ZNA-2023-0064 (Cain)

164 186

Property Address: 8270 Perth Road (Bedford District) Purpose and Effect of the Application: The applicant seeks to permit an accessory structure in the Waterfront Residential Zone to be setback less than 20m from the front lot line. The applicant is proposing to construct a 66.3sqm (713.6sqft) detached garage, setback 12.1m from the front lot line. d)

PL-ZNA-2023-0074 (Reitzel)

187 211

Property Address: 131A West Shore Lane (Bedford District) Purpose and Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of White Lake.

PL-ZNA-2023-0083 (Cain)

212 229

Property Address: 8270 Perth Road (Bedford District) Purpose and Effect of the Application:

Page 2 of 250

The applicant seeks relief from Zoning By-law No. 2003-75 to permit an art studio/storage shed to be setback less than 15m from the top of bank, and less than 30m from the highwater mark of a waterbody. The structure was built without receiving the required planning and building approvals.

PL-ZNA-2023-0087 (McCreary)

230 250

Property Address: 42 Woodside Lane (Bedford District) Purpose and Effect of the Application: 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 Thirty Island Lake.

Other Business

There is none.

Adjournment

Resolution.

Page 3 of 250

Committee of Adjustment Meeting Page 4 of 250

Thursday, August 10, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom

Welcome to the Virtual Meeting for the Committee of Adjustment

This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Kate Kaestner (Planning Clerk)

• Brett Moreland

• Brad Wright (Director of Development Services)

• Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 5 of 250

• Randy Ruttan • Steven Pegrum

• Christine Woods (Senior Planner) • Noah Perron (Planner) • Michael Kelly (Planning Intern)

Call to Order Adoption of Agenda

Page 6 of 250

• Call to Order • Adoption of Agenda • Electronic Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment

Meeting Information Format for Each Hearing

The Chair will introduce the file
The Planner will provide an overview of the application
The Planner will make a recommendation on the application
Questions or comments from the Applicant / Agent / Members of the Public
Committee deliberation and vote
The Chair will state whether the vote was carried Page 7 of 250

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 8 of 250

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

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 9 of 250

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.

Page 10 of 250

Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting

Page 11 of 250

Minor Variance / Permission to Enlarge Legal Non-Conforming Use Applications Carried Over from Previous Meeting

Page 12 of 250

Application PL-ZNA-2023-0046 Minor Variance

Applicant: Richard Sheridan Property: 144 Timmerman Road

Page 13 of 250

Background • Original proposal deferred during June Committee Meeting

• Zoning relief to reduce side yard setback of an accessory structure to ~1ft • Deferred to provide applicant an opportunity to revise the proposal

Page 14 of 250

Property Description • Lot Area of 0.84Ha – Frontage on Timmerman Road and Sand Lake • Existing dwelling with detached accessory structure • Rural Designation • RW Zone

Page 15 of 250

Proposal • Proposed 1108sqft (102.9sqm) detached accessory structure (Garage/Quilt Room) • Relief from Zoning By-law to permit: • A 22ft (6.7m) setback from the front lot line

Page 16 of 250

Proposed Site Plan

Page 17 of 250

Looking West towards Sand Lake

Looking East towards Timmerman Road (Green stakes show proposed garage location)

Preliminary Discussion • During a site visit Planning Staff observed inconsistencies with the location of the proposed accessory structure. • Proposed setbacks would result in accessory structure encroaching over front lot line.

Page 18 of 250

Page 19 of 250

Proposed Site Plan

Site imagery (Red: proposed accessory structure)

Recommendation • Deferral • Provide applicant additional time to:

• Have the location of lot lines confirmed by an OLS • Submit an acceptable sketch that accurately shows the size and location of the proposed building

Page 20 of 250

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 21 of 250

PL-ZNA-2023-0046 Committee Deliberation and Vote

Page 22 of 250

New Minor Variance / Permission to Enlarge Legal Non-Conforming Use Applications

Page 23 of 250

Application PL-ZNA-2023-0062 Minor Variance

Applicant: Stephen and Megan Roach Property: Linea Drive

Page 24 of 250

Property Description • Lot area of 0.4Ha (1 acre) – 60.5m of frontage on Linea Drive • Vacant Land that is generally forested with a clearing near road

Page 25 of 250

• Rural Designation • R-10 Special Residential Zone

Proposal • Construct a new 235 m² single detached dwelling with attached garage • Seeking Relief from Zoning By-law to permit: • A front setback reduction to 10m from the required 20m

Page 26 of 250

Proposal

Page 27 of 250

Department, Agency, and Public Comments • Building Services- No Objection • CRCA – No Concerns

• However, they recommended that proper sediment and erosion controls be incorporated into construction plans. They also wanted to note that a permit would be required under O. Reg. 148/06 for the development at the building permit stage.

Page 28 of 250

• Public Comments – None Received

Planning Analysis • Variance meets the four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning Bylaw No. 2003-75
The proposal is desirable for the appropriate development of the lands in question
The proposal is minor

Page 29 of 250

Recommendation • Approval • Pending any comments received • Subject to conditions outlined within the Staff Planning Report

Page 30 of 250

Page 31 of 250

PL-ZNA-2023-0062 Committee Deliberation and Vote

Page 32 of 250

Application PL-ZNA-2023-0063 Minor Variance

• Applicant: Brett Duncan • Agent: Anthony Wielamaker (Seaway Design) • Property: 421 Stafford Lane

Page 33 of 250

Property Description

Page 34 of 250

• Lot area of 9.9Ha (24.5 acre) – Accessed by Stafford Lane with Waterfrontage on Little Cranberry Lake • Existing Cottage with attached deck and numerous scattered accessory buildings • Rural Designation • RLSW & EP Zone

Page 35 of 250

Proposal • Construct a 18.948m x 20.421m Seasonal Dwelling 24m From the highwater mark of Little Cranberry Lake

Page 36 of 250

• Seeking Relief to permit building to be setback less than 30m from highwater mark of Little Cranberry Lake

Proposal

Page 37 of 250

Department, Agency, and Public Comments Building Services – No Objection

However, they noted that the complexities of constructing a septic system where the force main line is placed under a laneway may require a professional engineer with expertise in the field of sewage to design the system

Page 38 of 250

Rideau Waterway Development Review Team (RWDRT) – Recommends Deferral

Indicated that the proposed dwelling would be located outside the flooding hazard and shoreline erosion hazard associated with Little Cranberry Lake.
Had concerns about possible impacts the development may have on the visual character of the Rideau Canal Public Comments – None Received

Planning Analysis • Variance meets the four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
The proposal is desirable for the appropriate development of the lands in question
The proposal is minor

Page 39 of 250

Recommendation • Approval • Pending any comments received • Subject to conditions outlined within the Staff Planning Report

Page 40 of 250

Page 41 of 250

PL-ZNA-2023-0063 Committee Deliberation and Vote

Page 42 of 250

Application PL-ZNA-2023-0064 Minor Variance

Applicant: Donald Cain Property: 8270 Perth Road

Page 43 of 250

Property Description • Lot area of 1.4Ha – With frontage on Perth Road and Pollywog Lake • Existing dwelling with detached accessory structures • Topography: Downward slope to Lake • Rural Designation • RW Zone Page 44 of 250

Proposal • New 713.6sqft (66.3sqm) detached garage • Seeking relief from Zoning Bylaw to permit: • A 12.1m setback from the front lot line

Page 45 of 250

Proposed Site Plan

Page 46 of 250

Facing North

Facing East

Page 47 of 250

Facing West

Facing East

Department, Agency and Public Comments • Cataraqui Conservation – No Objection • Public Services – No Objection • Public Comment – None received at the time of preparing this presentation

Page 48 of 250

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 49 of 250

Recommendation • Approval • Pending any comments received • Subject to condition:

• Location must be consistent with sketch submitted by applicant • Building permit for the proposed garage • Only application to Zoning By-law 2003-75

Page 50 of 250

Page 51 of 250

PL-ZNA-2023-0064 Committee Deliberation and Vote

Page 52 of 250

Application PL-ZNA-2023-0083 Minor Variance

Applicant: Donald Cain Property: 8270 Perth Road

Page 53 of 250

Background • Through the submission of Minor Variance application PL-ZNA2023-0064, it was discovered an accessory structure had been built on the subject property without receiving the required approvals. • The following Minor Variance is to address the non-compliant accessory structure

Page 54 of 250

Proposal • 132.8sqft (12.34sqm) art studio/storage shed with 81.4sqft (7.56sqm) attached wooden platform • Seeking relief from Zoning Bylaw to permit: • A 17m setback from the highwater mark of Pollywog Lake • A 7m setback from the top of bank Page 56 of 250

Proposed Site Plan

Page 57 of 250

Current Location (Facing east towards Perth Road)

Looking West towards Pollywog Lake from the edge of the Wooden Platform

Page 58 of 250

Proposed location to the rear of current location (Facing east towards Perth Road)

Department, Agency and Public Comments • Cataraqui Conservation:

• Current location was not supported by CRCA Staff due to proximity to top of bank • Accessory Structure would need to be 7m from the top of bank to receive a CRCA permit • With a 7m setback, CRCA staff have no objection

• Public Comment – None received at the time of preparing this presentation Page 59 of 250

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 60 of 250

Recommendation • Approval • Pending any comments received • Subject to condition:

• Location must be consistent with sketch submitted by applicant • Building permit for the structure • Only application to Zoning By-law 2003-75

Page 61 of 250

Page 62 of 250

PL-ZNA-2023-0083 Committee Deliberation and Vote

Page 63 of 250

Application PL-ZNA-2023-0074 Permission to enlarge a legal non-complying structure

Applicants: Brian & Esther Reitzel Property: 131A West Shore Lane

Page 64 of 250

Property Description • Area of 0.146Ha (0.36Ac) with frontage on West Shore Lane and White Lake. • Existing 1777sqft (165.1sqm) dwelling with attached deck and accessory structures setback 23.8m (78ft) from White Lake Rural Designation • RLSW Zone Page 65 of 250

Proposal

Page 66 of 250

• Permission under S45(2) of the Planning Act to enlarge the legal noncomplying dwelling within 30m of the highwater mark of White Lake. • Existing dwelling replaced with 1355.5sqft (125.9sqm) dwelling with 744sqft (69.1sqm) attached deck. • Would encroach no further than existing dwelling (78ft). • Permission to: • Increase gross floor area by 322.5sqft (29.9sqm) • Increase height to 22ft (6.7m)

Proposed Site Plan (Existing – solid line; Proposed – Dashed Line)

Proposed Main floor plans (w/ attached deck) Page 67 of 250

Existing Dwelling (Facing Northwest – towards West Shore Lane)

Page 68 of 250

Shoreline Area (facing southeast)

Rearview of existing dwelling (facing southeast)

Department, Agency and Public Comments • Quinte Conservation – No objection • Quinte Conservation permit required • Public Comments – Supportive comments from two nearby landowners

Page 69 of 250

Planning Analysis

Page 70 of 250

• Existing dwelling is legal non-conforming and is setback 23.8m (78ft) from White Lake. • Section 5.10.2 of the Zoning By-law – enlargement on legal non-complying dwelling that would facilitate increases in gross floor area or height require permission from the Committee of Adjustment • No further encroachment within 30m of the highwater mark of White Lake • Scale and density of development is not out of character for the neighborhood • Overlap with existing building footprint – minimal tree clearance • Limited opportunity to construct dwelling in compliant location • Maintaining existing vegetation will assist in mitigating visual impacts when viewed from the lake

Recommendation • Approval • Pending any comments received • Subject to conditions: • Location must be generally consistent with sketch submitted by applicant • Development agreement registered on the title of the property: • Erosion control • Roof runoff • Maintenance of natural vegetated buffer

• Building permit for proposed dwelling Page 71 of 250

Page 72 of 250

PL-ZNA-2023-0074 Committee Deliberation and Vote

Page 73 of 250

Application PL-ZNA-2023-0087 Permission to enlarge a legal non-complying structure Applicants: Rick McCreary & Lois Tobin Agent: West Edwards Property: 42 Woodside Lane

Page 74 of 250

Property Description • Area of 0.37Ha (0.91Ac) – Frontage on Woodside Lane and Thirty Island Lake • Existing 565sqft (52.5sqm) dwelling with attached deck, setback approximately 4m from the lake • Situated within a steep slope which levels towards the shoreline • Rural Designation • RLSW Zone Page 75 of 250

Proposal • Permission under S45(2) of the Planning Act to enlarge the legal non-complying dwelling within 30m of the highwater mark of Thirty Island Lake. • Proposed 195sqft (18.1sqm) attached screened in room, setback 4.7m from the lake • No further encroachment • Permission to: • Increase gross floor area Page 76 of 250

Proposed Site Plan

Page 77 of 250

Proposed Screened-in room location

Department, Agency and Public Comments • Quinte Conservation – No Objection • Quinte Conservation permit requires

• Public Comments – None received at the time of preparing this presentation

Page 78 of 250

Planning Analysis

Page 79 of 250

• Existing dwelling is legal non-conforming and is setback approximately 4m from Thirty Island lake. • Section 5.10.2 of the Zoning By-law – enlargement of legal non-complying dwelling that would facilitate increases in gross floor area require permission from the Committee of Adjustment • Would not encroach further within 30m of Thirty Island Lake than the existing dwelling (4m vs. 4.7m) • Existing mature trees and vegetation will effectively screen the proposed screened-in room • Should have no greater impact on the surrounding area over existing built conditions.

Page 80 of 250

• Building permit for proposed Screened-in room

Page 81 of 250

PL-ZNA-2023-0087 Committee Deliberation and Vote

Page 82 of 250

Adjournment

Page 83 of 250

Minutes of Committee Of Adjustment July, 13, 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, Noah Perron, Planner, Michael Kelly, Planning Intern, Kate Kaestner, Secretary-Treasurer & Planning Clerk 1

Call to Order

Resolution. Resolution No. 2023-06-01 Moved by Kevin Fox Seconded by Brett Moreland That the July 13, 2023 Township of South Frontenac Committee of Adjustment Meeting is called to order at: 7:00pm. Carried

Adoption of Agenda

Resolution. Resolution No. 2023-06-02 Moved by Kevin Fox Seconded by Brett Moreland That the Committee of Adjustment adopts the Agenda for the July 13th, 2023 Committee of Adjustment meeting. Carried

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/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.

A PowerPoint Presentation was displayed on the screen of the meeting.

Page 84 of 250

Minutes of Committee Of Adjustment July, 13, 2023 4

Declaration of pecuniary interest

None declared.

Approval of Minutes – June 08, 2023

Resolution. Resolution No. 2023-06-03 Moved by Kevin Fox Seconded by Brett Moreland That the Committee of Adjustment approves the minutes of the June 8th, 2023 Committee of Adjustment Meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

There are none.

New Consent Applications:

PL-BDJ-2023-0029 (Itterman) Property Address: 2348 Sands Road (Storrington District) Purpose and Effect of the Application: The applicant is requesting consent for the creation of one new residential lot. The severed parcel is vacant and would be approximately 4.8 acres in area with 69 metres of frontage. The retained parcel contains a house and would be approximately 1.6 acres in area with 76 metres of frontage Christine Woods, Senior Planner, delivered her presentation to the Committee with a staff recommendation that the application be approved. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the Application. Committee Member Revill spoke to the need for additional housing and the importance of allowing some minor variations to allow for residential lot creation. He voiced his support for the application. Chair Ruttan inquired as to whether any other Members of the Committee wished to speak to the application. (None heard). Resolution No. 2023-06-04 Moved by Kevin Fox Seconded by Brett Moreland That The Committee of Adjustment hereby approves Consent Application PLBDJ-2023-0029 for the creation of one new residential lot, being 1.9 hectares in area, subject to conditions. Carried

Page 85 of 250

Minutes of Committee Of Adjustment July, 13, 2023 b)

PL-BDJ-2023-0051 (Hand) Property Address: 2181 Sands Road (Storrington District) Purpose and Effect of the Application: The applicant seeks to create one new residential lot that is to be 3.4 hectares in area and have 68.6 metres of frontage on Sands Road. The detached garage would be on the severed parcel and would be demolished if the application is approved. The retained parcel would be 6.6 hectares in area with 133 metres of frontage. The retained parcel would consist of the majority of the cultivated field and would contain the dwelling. Christine Woods delivered her presentation to the Committee with respect to this Agenda item along with Agenda Item # 9, f), being Minor Variance Application PL-ZNA-2023-0051 as the applications are related. The presentation concluded with a staff recommendation of approval for both applications. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Rutten inquired as to whether there were any comments or questions from Committee Members. (None heard).

Resolution No. 2023-06-05 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment approves Consent Application PL-BDJ-20230051 for the creation of one new residential lot being 3.4 hectares in area, with a minimum road frontage of 67 metres, subject to conditions. Carried 8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)

PL-ZNA-2023-0037 (Johnston) Property Address: 332 Pineshores Lane (Bedford District) Purpose and Effect of the Application: The subject application seeks zoning relief to permit a 232 square foot detached garage and a 152 square foot carport with a setback of 14.6 metres from the highwater mark of Bob’s Lake instead of the required 30 metres. Christine Woods, Senior Planner, delivered her report to the Committee with respect to Minor Variance Applications PL-ZNA-2023-0037 and PL-ZNA-20230073, being Agenda items 8. a) and 9. k) as they share the same applicant and subject property. The presentation concluded with a staff recommendation of approval for Application # PL-ZNA-2023-0037 and a recommendation of denial for Application # PL-ZNA-2023-0073.

Page 86 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Chair Ruttan inquired as to whether the Applicant, Agent or members of the public wished to speak to the application. Michael Johnston, the Applicant, spoke to the applications. Mr. Johnston stated that when he purchased the house in 2019, the footings for the new deck were already constructed and he assumed that the proper permissions were already in place. He acknowledged his error in expanding the deck without any approvals. Mr. Johnston spoke to the size of the lot and the difficulty in complying with current By-laws on a constrained property, and spoke to having received supporting feedback regarding the deck from his neighbours on Bobs Lake. Mr. Johnston spoke to the deck being constructed behind an already existing shorewall that was constructed in the 1970s, and as such it is already not a natural shoreline. He opined that the deck does not hinder the appearance of the shoreline. Mr. Johnston made reference to section 5.9.1 of the Zoning By-Law and spoke to there already being a deck on the dwelling when he purchased it and as such the use of the is simply being continued. He spoke to the importance of safe exit from the dwelling. Mr. Johnston expressed that he was not sure if, should the application be denied, he would need to remove the entire structure, or remove it all except for the 75 square foot deck that existed when he purchased the cottage. Chair Ruttan inquired (2nd and 3rd time) as to whether there were any further comments from the applicant, the agent or the public. None heard. Chair Ruttan asked if any Committee Members would like to comment on the application. Committee Member Pegrum commented that he visited the property and it was clear that the deck is not in compliance with the Ontario Building Code, and is concern that approving the application would thereby be approving a structure that is not in compliance with the OBC and as such he opined that it should not be an option. Committee Member Revill asked Ms. Woods about one of the recommended conditions regarding the detached garage, being that the applicant would not be able to alter or Park on the Township owned Road Allowance. Ms. Woods acknowledged that the cottage property has been accessed over the private lane and the Township road allowance for as long as the property has been there, however, this does not mean that the property owner has free reign over the road allowance. It is Township property, not their property. As such it needs to be recognized that the property owner wishes to use the road allowance for any purpose other than just accessing their property, they would need to enter into a License Agreement. With respect to the deck, Committee Member Revill stated that because it has been altered, no Staff or Committee members had the benefit of knowing what existed before in an effort to substantiate what the applicant is claiming. He spoke to the difficulty in supporting the application given the sensitive location and proximity to the water. Chair Ruttan spoke to the concern that adding the detached garage would increase the permitted lot coverage.

Page 87 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Ms. Woods advised that there is 5 percent allowed for the dwelling and an additional 5 percent allowable for accessory structures. The cottage already exceeds the lot coverage maximum by today’s standard which is very typical of older dwellings on small waterfront lots that have existed for decades. The deck would increase the lot coverage by 2.5 percent but, the dwelling is legal non-conforming, so consideration needs to be given as to what is appropriate as an increase. The proposed garage would not exceed the allowable lot coverage for accessory structures. Committee Member Roberts wanted it to be on record that he was not able to participate or vote on this application as he was not present at the June 08, 2023 Committee of Adjustment meeting at which this application was originally presented. Resolution No. 2023-06-07 Moved by Brett Moreland Seconded by Kevin Fox That The Committee of Adjustment Approves Minor Variance Application PLZNA-2023-0037 for property municipally known as 332 Pine Shores Lane, to permit a detached garage and carport with a maximum square footage of 376 square feet, setback of 14.6 metres from the highwater mark of Bob’s Lake, and an interior side yard setback of 1.4 metres, subject to conditions. Carried 9

New Minor Variance / Permission Applications:

PL-ZNA-2022-0159 (Lyman) Property Address: 212 Brooks Lane (Bedford District) Purpose and Effect of Application: The applicant seeks relief from Zoning By-Law 2003-75 as follows: The applicant proposes to construct a 1200 square foot single detached dwelling with a walkout basement and an attached 132 square foot deck. The proposed dwelling would be setback 22 metres from the highwater mark and 8.3 metres from the top of bank. The proposed sewage system would be setback 17.3 metres from the highwater mark and 4.7 metres from the top of bank. The sewage system would also be setback 0 metres from the right-ofway. The existing mobile home, deck and gazebo would be removed from the property. Christine Woods delivered her report to the committee, with a staff recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to this application. (None heard). Chair Ruttan asked if any Committee members wished to speak regarding the application. Committee Member Revell states he had been to the site and it is constrained. He expressed his support of the application.

Page 88 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Committee Member Roberts stated that he has also been to the site and he has no issues with the application. Chair Ruttan expressed his initial concern with the lot size with respect to housing a sewage system but was satisfied that the applicant and the septic inspectors had come to a resolution on this matter. He inquired about the setback of 0 metres from the Right of Way. Ms. Woods responded that the septic system that is now being proposed in an advanced treatment system that can minimize the area required for the system. The 0 metre setback is from the surveyed edge of the Right of Way, not the travelled portion, and as such there would be some distance between the system and the travelled lane. Resolution No. 2023-06-09 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment approves Minor Variance Application PL-ZNA2022-0159 for property municipally known as 212 Brooks Lane. To permit a 1200 square foot dwelling with walkout basement and attached 132 square foot deck, to be setback 22 metres from the highwater mark and 8.3 metres from top of bank; and to permit a sewage system to be setback 17.3 metres from the highwater mark, 4.7 metres from the top of bank and 0 metres from the right-ofway, subject to conditions. Carried b)

PL-ZNA-2023-0050 (Young) (ZanderPlan) Property Address: 79A Granite Lane (Bedford District) Purpose and Effect of the Application: The applicant is proposing to construct a new one-storey dwelling with walkout basement and attached deck and screened-in room on the subject property. The existing dwelling is currently located 10.1m from Devil Lake. The proposed dwelling would have a gross floor area of 258.6sqm and would be setback 20.2m from Devil Lake. Further the height of the dwelling will be increased to 10m. The proposal would result in an increase in lot coverage to 6.7%. The proposed dwelling is also to be located within a slope, and therefore cannot comply with the 15m setback from the top of bank. As such, this proposal is seeking permission from the Committee of Adjustment to permit the proposed dwelling to be located 20.2m from the lake, 0m from the top of bank and to result in 6.7% lot coverage. Noah Perron delivered his report to the Committee with a recommendation of approval. Chair Ruttan inquired as to whether the Applicant, Agent or members of the public wished to speak to the application. Andrew Young (Applicant) spoke and stated that he had no comments. Chair Ruttan inquired (2 more times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan asked if any Committee Members would like to comment on this application. (None heard).

Page 89 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Resolution No. 2023-06-10 Moved by Kevin Fox Seconded by Brett Moreland That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0050 for property municipally known as 79A Granite Lane, to permit a 258.6 square metre one-storey dwelling with walkout basement and attached deck to be constructed 20.2 metres from the highwater mark of Devil Lake and 0 metres from top of bank, subject to conditions. Carried c)

PL-ZNA-2023-0052 (McGillivray) (Alec Ring Architecture) Property Address: Ridge Lane (Storrington District) Purpose and Effect of the Application: The Owner proposes to construct a 1316 square foot dwelling with a 460 square foot attached deck and screened porch. The proposed dwelling would be setback a minimum of 7.6 metres from the top of bank. A variance is being requested to allow the dwelling to be setback less than 15 metres from the top of bank. The dwelling would comply with all other zoning requirements including the setback from the highwater mark of Cranberry Lake. Christine Woods delivered her report to the Committee with a recommendation of approval. Chair Ruttan inquired 2 times as to whether the Applicant, Agent or members of the public wished to speak to the application. Alec Ring (Agent) spoke and stated he was happy to answer any questions that Committee Members had. Chair Ruttan inquired for a 3rd time as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan asked if any Committee Members wished to comment on this application. (None heard). Resolution No. 2023-06-11 Moved by Mike Howe Seconded by Alan Revill That the Committee of Adjustment approves Minor Variance Application PL-ZNA2023-0052 for property on Ridge Lane to permit a single detached dwelling to be constructed 7.6 metres from top of bank, subject to conditions. Carried

PL-ZNA-2023-0053 (Lovegrove) Property Address: 6607 Craig Road (Portland District) Purpose and Effect of Application: This proposal seeks relief from Zoning By-law No. 2003-75 to permit an accessory structure in a Rural zone to be located less than 20m from the front lot line. The applicant is proposing to construct a 74.3sqm (800sqft) car shelter on the subject property. The proposed garage is to be setback 11.3m from the

Page 90 of 250

Minutes of Committee Of Adjustment July, 13, 2023 front lot line. Further, this proposal seeks permission to locate within 30m of the highwater mark of the existing wetland on the subject property. The proposed car shelter would be located 10m from the wetland. Noah Perron, Planner, delivered his report to the Committee with a recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Committee Members wished to comment on this application. Committee Member Revill expressed his support for the application and was satisfied that the existing trees would act as a buffer between the proposed carport and the road. Chair Ruttan asked if any other Committee Members wished to comment on the application (Non heard). Resolution No. 2023-06-12 Moved by Mike Howe Seconded by Alan Revill That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0053 for property municipally known as 6607 Craig Road, to permit a 74.3 square metre accessory structure to be constructed 10 metres from the highwater mark of a wetland and 11.3 metres from the front lot line, subject to conditions. Carried e)

PL-ZNA-2023-0055 (Nelder) Property Address: 4635 Deer Run Way (Loughborough District) Purpose and Effect of Application: The Applicant is proposing to construct a 30 foot by 30 foot (9.14 metre by 9.14 metre), 900 square foot (83.54 square metre), detached garage. The garage would be located 9 metres from the front lot line, placing it in front of the front wall of the dwelling, to the north of the existing house. The garage would meet or exceed all other setback requirements. An application for minor variance was received to permit the location of the accessory structure to be placed to the front of the front wall of the primary structure.

Michael Kelly, Planning Intern, delivered his report to the Committee with a recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan asked if any Committee Members wished to comment on the application.

Page 91 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Committee Member Howe stated that had visited the property and was supportive of the application. Chair Ruttan asked if any other Committee Members wished to speak regarding the application. (None heard). Resolution No. 2023-06-13 Moved by Alan Revill Seconded by Mike Howe That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0055 for property municipally known as 4635 Deer Run Way to permit an 83.5 square metre detached garage to be constructed 9 metres from the front lot line, subject to conditions. Carried f)

PL-ZNA-2023-0059 (Hand) Property Address: 2181 Sands Road (Storrington District) Purpose and Effect of Application: The applicant seeks to create a new residential lot that would be 3.4 hectares in area and have 68.6 metres of frontage on Sands Road. Zoning relief is requested to permit the severed parcel to have 68.6 metres of lot frontage whereas a minimum lot frontage of 76 metres is required for single detached residential uses in the Rural zone. This application was presented with Agenda item # 7. b). Details above. Resolution No. 2023-06-06 Moved by Brett Moreland Seconded by Kevin Fox That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0059 for property municipally known as 2181 Sands Road to permit the creation of one new 3.4 hectare residential lot with a minimum of 67 metres of frontage on Sands Road, subject to conditions. Carried

PL-ZNA-2023-0060 (Thompson) (Stokes) Property Address: 1490 Thompson Lane (Storrington District) Purpose and Effect of the Application: The owner proposes to construct a 2287 square foot single detached dwelling on the property. The existing 484 square foot seasonal dwelling was demolished in 2023. It was setback approximately 40 metres from the highwater mark of Dog Lake. The proposed dwelling would be set back 4 metres from Thompson Lane and 20 metres from the highwater mark. Variances are being requested to allow the dwelling to be set back less than the minimum required 5 metres from Thompson Lane, and less than the minimum required 30 metres from the highwater mark. The dwelling would

Page 92 of 250

Minutes of Committee Of Adjustment July, 13, 2023 comply with all other zoning requirements. A new sewage system is also proposed for the dwelling. It would be located on the south side of Thompson Lane. The variance is being requested to accommodate the design of the proposed dwelling. Christine Woods, Senior Planner, presented her report to the Committee with a recommendation of approval. Chair Ruttan inquired as to whether the Applicant, Agent or members of the public wished to speak to the application. Rod Stokes (Agent) stated that he reviewed the recommended conditions with the property owner and they were agreeable. Chair Ruttan inquired (2 more times) as to whether there were any further comments from the applicant, agent or the public. Chair Ruttan asked if any Committee Members wished to comment on the application. (None heard). Resolution No. 2023-06-14 Moved by Alan Revill Seconded by Mike Howe That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0060 for property municipally known as 1490 Thompson Lane to permit a single detached dwelling to be set back 4 metres from Thompson Lane and 20 metres from the highwater mark of Dog Lake, subject to conditions. Carried h)

PL-ZNA-2023-0067 (Killins & Blinn) Property Address: 14 Phoebe Lane (Bedford District) Purpose and Effect of Application: The owner proposes to construct a 128 square foot sleeping cabin with a 127 square foot attached deck. The structure would be setback 24 metres form the highwater mark, and more than 15 metres from the top of bank. A variance is being requested to allow the sleeping cabin to be setback less than the minimum required 30 metres from the highwater mark of Desert Lake. Christine Woods, Senior Planner, delivered her report to the Committee with a recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan asked if any Committee Members wished to comment on the application. Committee Member Roberts inquired as to why Cataraqui Conservation commented on the application as he was under the impression it would be Quinte Conservation. Ms. Woods clarified that Desert Lake is in the Cataraqui River Watershed and as such, the property is under the jurisdiction of CRCA.

Page 93 of 250

Minutes of Committee Of Adjustment July, 13, 2023 Chair Ruttan asked if any other Committee Members wished to comment on the application. (None heard). Resolution No. 2023-06-15 Moved by Alan Revill Seconded by Mike Howe That the Committee of Adjustment approves Minor Variance application number PL-ZNA-2023-0067 for property municipally known as 14 Phoebe Lane, to permit a 128 square foot sleeping cabin with 127 square feet of decking to be setback a minimum of 24 metres from the highwater mark of Desert Lake, subject to conditions. Carried i)

PL-ZNA-2023-0068 (Boston) Property Address: 615 Frye Lane (Loughborough District) Purpose and Effect of Application: The application is seeking permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of the Buck Lake. The enlargement would consist of a 527 square foot one storey addition to the rear of the dwelling. The addition would be setback 16 metres from the highwater mark, and 7 metres from the top of bank. Christine Woods, Senior Planner, delivered her report to the Committee with a recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Committee members wished to comment on the application. (None heard). Resolution No. 2023-06-16 Moved by Mike Howe Seconded by Alan Revill That application number PL-ZNA-2023-0047 for property municipally known as 615 Frye Lane is granted permission to enlarge the legal non-conforming dwelling with a 527 square foot one story addition and a 81 square foot utility room to be setback 16 metres from the highwater mark of Buck Lake and 7 metres from the top of bank. Carried

PL-ZNA-2023-0069 (Itterman) - WITHDRAWN Property Address: 2348 Sands Road (Storrington District) Purpose and Effect of Application:

Page 94 of 250

Minutes of Committee Of Adjustment July, 13, 2023 This application has been withdrawn, as a change to the corresponding Consent application PL-BDJ-2023-0029 will now require a Zoning By-Law Amendment application as opposed to a Minor Variance application.

PL-ZNA-2023-0073 (Johnston) Property Address: 332 Pineshores Lane (Bedford District) Purpose and Effect of Application: The applicant is requesting a minor variance to permit an existing deck which fronts onto Bobs Lake. Due to the undersized lot, the existing dwelling results in a total lot coverage of 7.5%, which exceeds the permitted lot coverage for residential use (5%). The existing deck was constructed without planning or building approval and increases the lot coverage to 10%. The existing deck is 32.5 square meters and is setback 1.2 metres (4 feet) from the high water mark of Bobs Lake. The existing dwelling is 99 square metres and the existing deck increases the dwelling from 99 metres to 131.5 metres, an increase of 33%. This increase further reduces the existing setback from the high water mark of Bobs Lake from 5.49 metres to 1.2 metres. While an enlargement of the gross floor area or increase in height of a legal nonconforming structure within 30 metres of a waterbody can be permitted with a decision by the Committee of Adjustment, expansion of a legal non-conforming structure is not permitted to further encroach upon the 30 metre setback. Agenda Item 9. k) was presented with Agenda Item # 8 a), the details of which are above. Resolution No. 2023-06-08 Moved by Steve Pegrum Seconded by Kevin Fox That the Committee of Adjustment denies Minor Variance Application PL-ZNA2023-0073 for property municipally known as 332 Pine Shores Lane. Carried

Other Business

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

Page 95 of 250

Minutes of Committee Of Adjustment July, 13, 2023 11

Adjournment

Resolution. Resolution No. 2023-06-17 Moved by Alan Revill Seconded by Mike Howe That the July 13th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 8:49 pm to reconvene on Thursday, August 10th, 2023 or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 96 of 250

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 97 of 250

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 98 of 250

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

SOUTH

TOWNSHIP OF Dale Re°eiVed=

File No: L

Pre-Consultation for this application

In WmF317”

|]4es[3 No ‘45” ’°/ 2*’?-3

Planner: 24 am,-,gb:aca.J..\xI; Date ofpre—consultation: &r«/ to 20713 1.

H/CI-IA/Z1) ;S’HEI2il3/~l’\j

Name ofOwner(s):

Fun Mailing Address of Owner(s):

:____

—

Phone number of Owner(s): Email Address of Owner(s):

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:

IVI A’

Full Mailing Address of AuthorizedAgent:

Agent: Phone number of Authorized

~14

went: Email Address of Authorized

authorizedto act on behalf of Agent as nam ed above is hereby_ processing this application for Minor Variance.

the owners for purposes of

NM-

Signature(s)of Owner(s) 3.

The description of the subject land:

District‘

Bgedford ljpomand

L0‘ N“““b9'5

Street Number:

Name of Road/Street:

Pa” N”’“be’(S):

Reference Plan Numbel”.

Roll Number:

/0- 9.51» ow

(H0

Storrington

ConcessionNumber:

I Ll

I:|Lougnborough

/LL.

my W

oooa 1437170’

Page 99 of 250

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 100 of 250

‘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 101 of 250

Qgunw APPLICATIDN FOR MINORVARIANCE TOWNSHIPOF $OUTH FRONTENAC a" .1 Planning Act. R.S.0. 1990, a P-13 *5 °’’‘’"

’ ° n, 15. lime answer to Item 14 is yes. for each proposed 3 dd’ti ,

3 5/

(1) Type of structure

(5.9. residence)

N21.) p/M0544»

‘

|I;‘.> I24‘

M Setback from Side Lot Line

WA?»

(are

2; £4)’

Height of Building xnulcm n n Bonn

0”“ 3.1

my orlwa navy)

Outside Dimensions

[L| H

Eulldlnglstructure Sethack from High Water Mark

(Ifapplicable)

00,557

lo?pl

‘ nf

N.-Jz..ay

(Am

(4)

(3)

(1)

Rear Lot Line

/10

131’

Setbeckfrym

Setback from Front Lot Line

building orstructure InduceIE2

2‘ ‘“3 la: (La 3 (M

H I hu[ yg '

NOTES: 1) Ifthe subject property is on waterfront, and an a private lane, the setback from the front lot line and the setback fromthe high water mark willbe the same. 2) 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 includeeny

DEMOLITION ofexisting structures?

Yes

Ifyes, please provide details:

Page 102 of 250

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 103 of 250

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 104 of 250

MINORVARIANCE

APPIJCA’|1ON F on mwuamr or sown snow-renew: mo, P.l3 as amended

Planning Act, lLs.o

INDEMNIFV AGREEMEIITTO Township 01 South Frunlerlsc AnachodIn Ihfs appllombn IS a cheque payable iv lhe

representing payment Of

meappllcaion fee

ApplleauonForm ls

in lrris Mlnorvarlanoe ugllees lrral la. nfolma?ovl meTuwnshlp and, where Ippllcable, me ol r-presenlauves mel agrees Ownurmpnlimnl/Agent aocurare.The lne properly lor {ha purpose al dauerlnlnlng me subjsn om» enter may Authority. Cunselva?all appropriate develuprnam. proposed lurme sife oflhs dppmplialerlcss

reroroerl

The owner/Applloaolmoenr

The Ownel<Appll’callllAgenl BQIESSto relmhlllse 3111 lrldalnrl?y

lrlunlcipabty lnr all lies

and expenses

la me eppllsarrorr, lndudlng any less and expenses almoulaole ey the rnurriclpaliry Ia nmos§ admlmslmllve Inbullal ll necessary to pmceedlngs oelore me onsario Municipal Board o1 any court or olher lrreorree

defend Council’s decision (0 supparl the apptzca?on.

am: expenses or consullams, wilneurllrnrlng me luregoirlg, such fees and expewses shall inauue me lees prevessiornaland techncal advisms as the municipality may, in its planners. englnesrs, lawyer: and such owner properly process and suppart absolute urszreriorrac?ng reaeonemy,oerrsirlernecessary or auvisaoleto more the eppllealion.

requesxarm oeees wrrerean

lo The Owner/Anp?canl/Agent further agrees to plcvllidelne municipality.upon aoove me norrnal applimliun naebeen appealed ie oneOlltano Munclpal Enam, wlln a dspnsll ioyer ana lees and expenses incurred by aupllralian fee). {mm vmlch the munlcipalify may. Vrum lhlo In time charge any me me rnunrciparrtyin order noprocess the applioallon. ll such appeal expenses exceed the eeposlL lonrlwurr upon being mlea oy mernunleroaluy, wlln inlaresl at me rate ournarmpplieanlshal pay meamerenee (15% per zmllum) on aeeounraoverdue man man an days. ol1.25~/e perrnornn

until suonrequests navebeen compiled wlln, me municipality further agrees The owner/Aoplioenl/Agent wlllhave in) canllnuing olzligalloneepvaoess meapplha?cn oraneneoroerepresenlee anrla onlarlo Municipal

me:

adminislraliveproceeding in wnllec?un withthe applicallen: Boardor any poun eromer DATED AT THE TOWNSHIP or SOUTH FRONTENAC

Page 105 of 250

ANE

Lake

AD O

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102902004025203

HO NIC

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102902004025400

Canoe Lake

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WESTPOR

Thirty Island Inset Map Inset Map

SR YO

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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

Page 106 of 250

102902004025100

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

Page 107 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0046, Sheridan, 144 Timmerman Road, Bedford District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee defer making a decision on revised application PL-ZNA-2023-0046 until such time that the applicant has an Ontario Land Surveyor confirm the location of the property’s lot lines and submits an acceptable sketch that accurately shows the size and location of the proposed building.

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.

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 to the property is via a driveway extending from Timmerman Road. The property contains a 140.1sqm (1508sqft) two-storey single detached dwelling and a detached accessory structure (“bunkie house”). The subject property is primarily covered by mature trees. Finally, the property is located within an area characterized by similar waterfront residential developments.

Proposal The applicant is proposing to construct a new 102.9sqm (1108sqft) detached garage/quilt room on the subject property. The proposed accessory structure is to be setback 6.1m (20ft) from the front lot line. As such, the applicants are requesting relief from Zoning By-law 2003-

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

Page 108 of 250

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

75, in order to permit the proposed accessory structure to be setback less than 20m from the front lot line.

Preliminary Discussion While conducting a site visit to the subject property, Planning Staff noticed several inconsistencies with the location of the proposed accessory structure. The proposed setbacks, as depicted in the submitted sketch, would result in the accessory structure encroaching on the front lot line of the property. As such, Township Planning Staff are recommending the application be deferred. This would provide the applicant additional time to have the location of the lot lines confirmed by an Ontario Land Surveyor, and to submit an acceptable sketch that accurately shows the size and location of the proposed building. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 109 of 250

Page 110 of 250

f\4‘

–

Authority

Conservation

Valley

Rideau

Frontenac

Authority

Auth

P’

rity

Review

or the

the

when

Fee:

filed

the

with

’l‘(‘./\J(’\lF.‘*~".F‘OF

MAY 2 L, 2023

6,-;’>‘E‘i%E

Admin

onsite application submitted

ing

review

$97.00

Bui $97.00

alte r passed,

Secretary-

was

sewage ( Sepa with the rate

Fee:

ble

a byTreasurer nonrefunda card or cheque

the

structure by-law

1990,

accompanied card, credit

extend day

Township to submitting Authority, are to

the

$2,082.00

$999.00 $1 ,370.00

appointed

by Townsh Chapter ip P . a to alter legal non

1 3 con provided the Committee for, mi ng of the use building or land, str uc Of?cial Plan. tur Zoning By-law. e

2023

FRONTENAC VARIANCE 45(2))

persons Act R.S.O. s. 45(2)

application the sketch, or by debit

enlarge

Planning

with cash,

this

be provided for (where applicable) Conservation

permit

below Frontenac.

together

purpose purpose of of

provisions

development

By-law

and and

copy

VVITH Perforrnance combination with a Class A system

in than

Conservation

without

Type:

that Fee a Authority the applicable

Only

South

Region

of Variance Variance Variance other

It is required Conservation payable to

Agplication Variances 1 -3 Variances 4+ After building

It is required that one (1) Committee Adjustment, of accordance with the chart to the Township of South

Requirements

Quinte

Cataraqui

system

Minor

M/‘nor

Township Minor

‘l.

Application

used

January,

SOUTH MINOR (5.

Committee of eight 45 of the Planning or permission under

Committee may grant permission to where any building or land, structure, for a by the by-law. purpose’prohibited

is desirable Maintains Maintains Is minor appropriate intent intent

Zoning

is a Section by—law

The lands

vary

for the the general the general in nature

may

from

Adjustment under a zoning

Updated

the

Committee variance:

FOR PERMISSION

TOWNSHIP

APPLICATION OR

that

The

minor

formed

OUT

FR°"‘T”"“°

Committee Committee is variance

The

““‘\‘

Page 111 of 250

Please additional

READ shall

THIS

are

ITEM

CAREFULLY

FRONTENAC R.S.O. Act,

for consultation and fees prior

SOUTH Planning

any

this application construction.

APPLICATION P.13 1990, 1:. as

only;

FOR amended

these

MINOR

agencies

VARIANC E

sketch showing the provide a dimensions the subject of outlined Question 29 the of The sketch in application. shou ld and scaled either or in Imperial Metric This measures. sketch, is the basis the analysis Form, for of the Minor Variance Adjustment. Committee of It is strongly recommended that the applicant spen d to time carefully and thoroughly to assemble the data and the data transfer that the sketch be drawn with important accurate dimensions and measur include application which does not the above information be required not ements may . regard, the wish secure applicant to the assistance who may of a person drafting such sketches. answering the of to A guide application is a questions tt a Personal Collection of Information c h Personal information herein is under the Planning requested required Act, e1 9 This be used by the Adjustment/Land information Committee of Division will d of reviewing purpose the above and be made referenced application, may .9 0i Agencies an boards, Commissions, Authorities, and Persons having interest regarding the collection this questions of information should be directed Treasurer of the Committee (F’.O. Box Sydenham, of Adjustment 100, Ont., 376-3027 ext.2224 )_

Each applicant abutting lands dimensioned the Application

PLEASE

Note: These fees permit applications

TOVVNSHIP

Page 112 of 250

Page 113 of 250

are

why

|:b’es

whether garage.

there shed,

from

the

are

etc‘)

the

any

EXISTING

residental

land?

is by water approximate

Yes

with

buildings

the facilities

structures

indicate these

road?

IVIINOR

road/lane):

FOR amended

provisions

(on

please distance

only,

the

By—law:

maintained

Zoning

Area:

Frontage

land.

APPLICATION c. P.13

1990,

comply

subject

rnunicipally

subject

the

cannot

variance use

zoned

and

property

the

land:

FRONTENAC Act, R.S.O.

relief

road‘?

front

used road.

uses

area

subject

the

proposed

subject be to public

existing

the

property

the

currenlty,

the

nearest

used

and

setback

extent

maintained

Street

Road/Lane:

Please indicate (I.e. residence.

none

What

If access facilities and the

privately

the

reason

and

SOUTH

Planning

the

depth

water):

zoning

yard

subject

current

nature

Linea

Narne

Does

The

front

The

Depth:

(on

frontage(s),

Frontage

The

TOVVNSHIP

Zoni ng

the

from

parking

the

VARIANC E

Page 114 of 250

any

built on

the

yes.

subject

SOUTH Planning

stru<:ture(s), land?

the

1 1

ZIW/es

subject

(1)

item

horne

uses

High

one

building(s)

proposed

residental

14.Are

It story)

Area

Vvater Mark (If applicable)

Setback

Dimensions Floor

Line

from

Line

from

from Line

Building

two

from

Lot

Setback Side

Height

Lot

Rear

Setback

Setback Front

Indicaxe (Also or story

13_The

answer

of Structure residence)

If the

Type (E.g.

TOWNSHIP

additions

(2)

EACH

land:

for

FRONTENAC R.S.O. Act,

building

existing

FOR

MINOR

indicate:

amended

building(s)

(3)

structure

APPLICATION P.13 c. 1990,

structure(s),

( 4 )

VARIANC E

Page 115 of 250

If the

story

two

Outslde

Indicate

Lot

NOTES:

High (If

your

If yes.

(1)

item

story)

one

Mark

from

see

please

plans provide

for

details:

any

the

waterfront.

(2)

proposed

existing

mark relate building.

and

addition,

FOR

(3)

VARIANC E

structure

MINOR

IYes

the setback lane. the same. CONSTRUCTION NEW

building

arnended

a private be will the to

structures?

APPLICATION P.13 1990, 1:.

high water question in this the completed

each

FRONTENAC R.S.O. Act,

DEMOLITION

setback from required total size of

property

yes.

SOUTH Planning

Plot

or-‘

include

subject If the line and the 2) dimensions The and NOT the to

lot

applicable)

Vllater

Setback

Buildinglstructure

Line

from

Line

from

Line

from

Buildingi

Lot

Dimensions

(Also

Height

Side

Setback

Rear

Setback

Front

answer

of Structure residence)

Setback

(E.g.

Type

TOWNSHIP

Page 116 of 250

storm

swales

private

indicate operated privy,

private sewage

drainage

septic provided

the

septic

sewers.

an existing

fixtures

bedrooms

structures

the

ditches.

owned

provided

Current

swales

the subject operated

have

other

the

Yes

era lake . ted

la n s:

ow communal ned

and

publicly

means?

well,

owned

: No TN

VARIANC E

subject

continued:

publicly communal

land

Yes

IVIINOR

:|/es

FOR amended

land by individual

owner:

constructed

land individual

subject

were

to and

the subject operated

encroach

structure?

APPLICATION c. 1990, P.13

development?

structure system?

uses

and

disposal privately a

provided owned

existing

existing acquired

living

plumbing

number

space

RAISING

FRONTENAC Act, R.S.O.

proposed

addition

the

details:

the

SOUTH Planning

buildings

land

sewage system. means: other

whether

well

means:

body.

other

that

water privately

time

existing

whether

the

the the

20.13

subject

system,

length

date

the

Will

Increase

increase

(b)

uses Increase

the

provide

(a)

are

include

water

Indicate

.The

20.The

date

plans

please

28,

your

yes,

What

april

19.The

TOVVNSHIP

Page 117 of 250

**Note:

distances to importance

property

The

the

abutting

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

all natural of subject the to river ditches, distance Show

(neighbours‘)

file

ever

the

been

banks, features

Examples

from

the subject buildings,

ga ifi s ca nt

of s, si

barn

applicant‘s

wetlands,

the

an d

Pl an ni ng

la crossing. nd subject

location

THE

subject

the

the railway

TOP

the

VARIANCE

application

the

under

IVIINOR

include barns,

features

between bridge or

including

THE

number

FOR amended

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

or stream these of

artificial

lands.

application

land

number

distance

and land.

such

subject

following:

the

land has Variance).

give

subject

APPLICATION P.13 C.

1990,

. . . . ..i.e.

landmark

line

point

the

give

lot

?‘A

showing

subject (Minor

please

reference

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

The

all

land Consent.

Act

please

yes,

FRONTENAC Act, R.S.O.

dimensions

yes.

and buildings.

The

location

submitted

proposed

item

whether

Planning

I/|No

indicate the of

question

boundaries

must

SOUTH

Planning

the subject Subdivision

The location of nearest township

The and

SKETCH

answer If the the application.

Yes

If known, please under Section

answer to application.

whether Plan of

If the the

:|Yes

indicate of a

25.Please approval

TOVVNSHIP

Page 118 of 250

Page 119 of 250

. Subject Districts

appoint address

the The

owners should

Guide

Land:

appear the full in

this

—

on act number

should

behalf

section, address,

your

the

Completing

Minor

APPLICATION c. P.13

1990,

FRONTENAC Act, R.S.O.

someone and phone

must be

SOUTH

Planning

complete

during appear

even

FOR amended

Variance

the here

they

separ ate postal

VARIANCE

variance owner’s All

live with

Form

IVIINOR

You in for

area,

All parts

be not aware pre—consultation

may

acres:

this

the with

zoning planning

question

for

why you

than can’t

the

example. already too because

be.

line

and

steep

comply: because close to

principal

are

shared

roads (not

private

can

after driveways,

variance developing

why

others).

looked

seeking that or

words,

with

are

water, embankment.

the

other

you

building. meet add to further

that

this

requ ired an the

private provide

the to

do to than within build ing

from

asking rather structure accessory

are

not

and

completed. property

the Township; but lanes

you

your

staff.

must

This is asking what Relief: Extent question of you are it could be that asking to —for example, increase the height or are that ask to mark, you that variance construct or are see a to mark, you g

zoning: come

depth,

the roll number 020 or 010, Loughborough; are numbers

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

wish name,

all

Municipally maintained residents maintain themselves generally are and that property

that

Roads:

that is impossible

Reason could

front

Nature variance water water

of address(es)

District:

you

lot

Current

when

Frontage,

Description

authorization

You may person’s

names

the

The and

TOVVNSHIP

Page 120 of 250

Parking

Proposed question

1 3)

Demolition:

actually

may

find

instances, existing of

Water their

years,

Length

20)Date

19)Date

18)Uses would space.

“yes” —

new

structures:

under

Structure:

and

ANY

the is

ons,

it.

18 in

lake.

most

uses:

cases

did

For

the

—

not

take

e.g.

are

answer

example,

are

you

walls

answer

words,

If you

Please with

other

When buildings:

months?

existing

acquired:

you

build

permit

from

dwelling.

new

will

has

sure,

all

part

the

private

land

provide

screened

but

used

must

some

for

ou resid t ence, involve d. in

departme nt. wi th of

deck,

a n d " .

as t h cons truct Ie

increase An an involve

building

your

waterfront

residential

estimate.

the

property? best

demolition

property, systems.

add

the

t h e this describe of

now.

access

VARIANCE

building accomplished the beginning

question. would

raise

add

well.

been

your

the

porch

this

on septic

the be at

same planning recreational

the

sections please

land

only

MINOR

property

can

development and

garages,

ANYTHING

proposing

possession

each

you

the

dwelling,

height cannot to the Committee to permission it clear that there

on complete your

FOR amended

recreational

be question will you are and would be “vacant

decks,

proposed addition to

ALL

plann ad

this vacant,

must

You

structures

deck

vacant

relevant

APPLICATION F’.13 1990, C.

only

business,

currently in section be “residential”

answer

structures: there is

are If you includes

buildings

retail

FRONTENAC R.S.O. Act,

question

construction: construct columns.

This

proposing to in separate

use

supply: from water

land

are

residential,

This

Generally, land the be to described section 13 would

Uses: example,

Development: include anything

17)Raising basement a

are you information

If there “yes”.

e.g.

Docking:

SOUTH Planning

buildings of on your property. residence.

Uses:

and

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

Proposed for but if, then the described

1 2)

Description

Description structure the from

Existing

Buildings: question

water.

TOVVNSHIP

Page 121 of 250

for

SKETCH:

as has

this.

the to

been known,

provide

for

Must the

have

signed be application, must sign

the

in or

system,

FOR amended

for

ofa

application

can

detailed, professional

dimensions accepted.

the

commissioner

show not be not will

with

may

the

with

(severance)

deal

there

VARIANC E

oaths signed

of front

and

accurate,

property? the special pe r prob seller will m ably is si ple property, o ase were.

other

the

variance

owner,

any

granted of

but

MINOR

subdivision

consent

information)

front of sign the application,

contract

constructed

granted the of

new

importance

variance aware be

severance this

variance details

the

been

sewage

application

private

APPLICATION P.13 c. 1990,

minor a probably are If you

help

previous and what

been you will by-law.

ever

can

that

enough the stress cannot do necessarily need not to are that not drawn to scale, neatly (PLEASE RULER), USE A

Vve

has

currently

application

there

ditches

will

FRONTENAC Act, R.S.O.

answer

(Staff

current

specific

Has there property, zoning the

is a number.

consent:

etc_?

the

SOUTH Planning

lndernnify: to done submitting before owners commissioners. All been appointed.

Agreement

this

cases there

there number

sketch. You but sketches drawn not

variance

aware

yes:

application

you

for

Nlinor variance: owner time of

If there file the

property?

the

most

Are drainage,

If yes: indicate

for

Application

Drainage: natural

Septic:

TOVVNSHIP

.s…… …_.=

…_.r!….

….a

-ma.

…

Page 122 of 250

Page 123 of 250

‘s

rnalch

existing

5 \

proposed

1 1m

trees

culvert

existing to rerrlairl

remain

existing

proposed Swale

2 q?itea well ,;

x‘ existingx‘

uimit approx

or grading

matd1

existing

-valkout

prop osed

bas em ent

PL-ZNA-2023-0062 (Roach) - 53 Linea Drive

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Provincially Significant Wetland Wetland Citations

Page 124 of 250

0.2

1: 4,514 0

0.11

0.2 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

no.:m>n8:3

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Page 125 of 250

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Page 126 of 250

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‘

PROPERTY LINE

T .D

GRASS

Benchmark

PROPERTY LINE

DRAINAGE EASEMENT

BENCHMARK - TOP OF WELL CAP LOCATED AT LOT 40 KAM AVENUE. ELEVATION = 123.30

Date

Revision/Issue

No.

GRASS

PROPERTY LINE

1329 Gardiners Road, Suite 210 Kingston, ON, Canada K7P 0L8 613.634.9009 tel. 1.888.884.9392 fax.

EX.SHOULDER PROPOSED ROADWAY EDGE

EX.EDGE OF GRAVEL

Client

EX.GRAVEL

STEPHEN ROACH

EX.EDGE OF GRAVEL PROPOSED ROADWAY EDGE

EX.SHOULDER

Project

LYONS LANDING LOT 53 Drawing

TOPOGRAPHIC PLAN Drawn by:

Checked by:

Project No.

Approved by:

Drawing No.

BCAT Designed by:

KMN

Page 127 of 250

Date:

APRIL, 2023

m 0

H=1:200 V=1:200

Scale:

1:200 ANSI D

Page 128 of 250

UTH SO x \_ FRO NTEN

Comments:

No Objection, the location for the proposed sewage system appears suitable for the installtion. Specific requirements for design and installation will be reviewed through the Application to Construct a Sewage System prior to site development.

Roll # 1029 060 010 07660, Linea Drive Township of South Frontenac (Storrington)

Roach, Stephen Frederick

Applicant Name(s):

Location:

Zoning By—|awAmendment

PL—ZNA—2023—0O62

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

Type of Application or Proposal:

Number:

To:

COMMENTS SEWAGE SYSTEM REVIEW

‘°‘pp”°a?°”

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

June 23, 2023

File: MV/FRS/132/2023

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 Minor Variance PL-ZNA-2023-0062 (Roach) Pt Lot 32, Concession 7; 53 Linea Drive Storrington District, Township of South Frontenac Waterbody: Collins Creek Provincially Significant Wetland Complex

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of a single detached dwelling on the subject property. The variance is requested to: •

Reduce the required setback from the front yard from 20 metres, as required by Section 12.5 of the South Frontenac Zoning By-law, to 10 metres to permit the construction of the new dwelling.

Site Description The subject property is located within the eastern boundary of the previously approved Lyons Landing subdivision located along Holmes Road and Lakefield Drive in South Frontenac Township. The topography of the subject lands can be characterized as a low-lying area along the eastern portion that rises up a steep embankment and levels out again towards Linea Drive, where the development is proposed. With the exception of a cleared area near the road, the majority of the property is covered in mature deciduous tree growth. A portion of the Collins Creek provincially significant wetland complex is located to the east of the subject lots. The property is currently designated as ‘Rural’ and in the Official Plan and is zoned ‘Special Residential’ (R-10) in the Zoning By-law for South Frontenac Township.

Page 1 of 3

Page 129 of 250

Discussion Cataraqui Conservation’s scope of review for this proposal includes the protection of the hydrologic function of Collins Creek Provincially Significant Wetland. Collins Creek Provincially Significant Wetland / Ontario Regulation 148/06 As noted, the subject lands are located adjacent to Collins Creek Provincially Significant Wetland Complex. This wetland is designated Provincially Significant in the Township’s Official Plan and zoned ‘Environmental Protection’ in the implementing Zoning By-Law. The Official Plan for South Frontenac contains provisions that protect the hydrologic and ecologic functions of wetlands. Cataraqui Conservation, under O. Reg. 148/06, regulates development and site alteration within 120 metres from the limit of the Collins Creek PSW, to protect the hydrologic function of the PSW. Our policies and guidelines prohibit new development within 30 metres from the limit of the PSW and can only permit new development within 30 – 120 metres from the PSW if the interference on the hydrologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. Based on the site plan submitted with the application, the proposed development will be located roughly 80 metres from the limit of the PSW. In this instance, staff are satisfied that the proposed development will not interfere with the hydrologic function of the PSW. Staff are also satisfied that the proposed reduction to the front yard setback will encourage a larger setback between future development and the wetland. Staff have no concerns from a regulatory perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also note that a CRCA permit will be required for the development at the building permit stage. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0062 based on our consideration for Ontario Regulation 148/06. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit will be 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. Also, to ensure the protection of wetlands. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 120 metres of the Collins Creek Provincially Significant is subject to O. Reg. 148/06. Therefore, a permit will be

Page 130 of 250

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:

Noah Perron, Planner, via e-mail Applicant, via e-mail

Page 131 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0062, Stephen and Megan Roach, 1029-060-010-07660, Linea Drive, Storrington District

Summary The subject application seeks zoning relief to permit a single detached dwelling to establish a reduced front yard setback. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: R-10 Special Residential Zoning Relief Requested Section 12.5 – to permit a single detached dwelling to establish a minimum 10 metre front yard setback, whereas the R-10 zone requires a minimum 20 metre front yard setback. Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Property Description The 0.4 hectare (1 acre) property is located within the eastern portion of the Lyon’s Landing subdivision. The property fronts onto, and is accessed by, Linea Drive. The lot is currently vacant. The lands consist of a small relatively flat area directly adjacent to the road which www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0062, Stephen and Megan Roach, 1029-060-010-07660, Linea Drive, Storrington District

slopes down at a relatively steep angle as you move towards the rear of the property. The flat area near the road is largely cleared, but the rest of the property is generally forested. The property is located at least 45 metres from a provincially significant wetland, which is located to the north and east of the property. Summary of Proposal The Applicant is proposing to construct a 235 square metre single detached dwelling, including attached garage. The dwelling would be one storey with a walkout basement. The required sewage system would be located east of the dwelling at the top of the slope. An application for minor variance was received to permit the dwelling to establish a minimum 10 metre front yard setback. The variance is being requested so that the dwelling can be erected on the flat area at the top and front of the property rather than on the slope that extends to the rear of the property. Department and Agency Comments The application was reviewed by Building Services, who had no objections to the proposal from a sewage system perspective. The application was reviewed by Cataraqui Conservation, who had no concerns. However, they recommended that proper sediment and erosion controls be incorporated into construction plans. They also wanted to note that a permit would be required under O. Reg. 148/06 for the development at the building permit stage. Public Comments No comments were received from the public at the time of report finalization. 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.

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

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Township of South Frontenac Staff Report - PL-ZNA-2023-0062, Stephen and Megan Roach, 1029-060-010-07660, Linea Drive, Storrington District

Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Official Plan on Schedule A. The proposed single detached dwelling is associated with the permitted residential use of the property. The lot is located within 120 metres of the Provincially Significant Collins Creek Wetland Complex. An environmental impact assessment was not required for the proposed development of the lot, as impact would have been assessed before the plan of subdivision was approved. The proposed variance maintains the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed dwelling is a permitted use in the R-10 zone. The front yard setback is intended to allow for a sufficient distance between the dwelling and the road, both for safety and to account for possible future development. In this case the house fronts on a short dead-end road which is not favourably located for any future development. As a result, this road will almost certainly never need to be widened or support any large volume of traffic. A 10-metre front yard setback will not pose any real danger to the occupants or interrupt the general maintenance or operation of the roadway. A 10-metre front yard setback would be consistent with the requirements of the R-31 Zone which applies to the lots to the north of the subject property that are also located on the slope. 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 variance is desirable for the appropriate development of the land, as it would allow the dwelling to be founded mostly on the level section of the property. This would avoid the need to carry out extensive and environmentally disruptive landscaping, including tree clearing, filling, and lot grading, in the north of the property. By permitting the dwelling to be located closer to the front lot line, it would maximize its distance from the Provincially Significant Wetland located to the north and east of the property. Furthermore, a reduced setback for this property would be in keeping with the general character of the surrounding properties.

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

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Township of South Frontenac Staff Report - PL-ZNA-2023-0062, Stephen and Megan Roach, 1029-060-010-07660, Linea Drive, Storrington District

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, and is desirable for the appropriate development of the land. Additionally, although the dwelling would have a reduced front yard setback than required, at 10 metres, it would not have any noticeable impacts on adjacent properties as they are being developed with a similar front yard, nor would it have any impacts on public works.

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 minor variance application PL-ZNA-2023-0062, subject to the following conditions.

The minor variance is for a single detached dwelling. The dwelling is permitted to establish a minimum 10.0 metre front yard. All as per the submitted application and sketch.
A building permit is required for ALL 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-2023-0062 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Michael Kelly, Planning Student Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

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Page 136 of 250

712-62”‘

Area:

40400 Sq’m’

TO HO W (f

Yes

BN0

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

Stafford Lane

Name of Road/Lane:

OR a privately maintained road?

|:|Yes

Stofford Lane ROW pushes building envelope fon/vard making the envelope too small

The reason why the proposed use cannot comply with the provisions of the Zoning By—|aw:

Setback reduced to 24¢/\

What are the existing uses of the subject land? residence, indicate garage, whether shed, etc.)
(|.e. Please there are any EXISTING buildings or structures on the subject land. |:|No

35'78m

Reduction of 30m Setback from highwater mark or ?oodline of a body of water

The nature and extent of the relief from the Zoning By—|aw:

RLSW ZONE

The current zoning of the subject land:

Depth:

The frontage(s), depth and area of the subject land. 30'46m Frontage (on road/lane): Frontage (on water):

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

Does the subject property front on amunicipally maintained road?

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°f

34.7 m 28.2 m

32.7 m

20.9

3.51St m

20.7sq.m. 4.2mx4.9

orey

39.8sq.m. 8.5mx5m

.61St m

22.9sq.m. 7.4x3.1m

orey

21 .2sq.m. 6.1mx3.5m

41St m

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s),«PROPOSED to be built on the subject land?

Seasonal Cottage

orey

8.0m

9.2m

4.0m

.6m

orey

675 .Gm

676.4 m

688.5 m

31St m

34 .7m

28 .2m

20.9 m

1 Storey Cottage

(4)

Wood Deck

(3)

Frame Bunkie

(2)

Frame Shed

(1)

13.The proposed uses of the subjectland:

Setback from High Water Mark (If applicable)

Floor Area

D’m°“5’°“5

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

indicate:

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

If the answer to item 11 is yes, for EACH building or structure

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(2)

29.4 m

10.4 . . 2_6m$;:1.__r8m

9.3m

678.4 m

29.4 m

proposed uses of the subject land:

‘

Shed

(3)

(4)

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land? No

Seasonal Cottage

13.The

Setback from High Water Mark (If applicable)

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

‘

Type of Structure (E.g. residence)

(1)

indicate:

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

Ifthe answer to item 11 is yes, for EACH building or structure

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

615m

88.7 m

V”)

as-27‘

‘

‘A‘7””‘

240 M

3‘)

I53, “I46M >/

7» 5 *4

8,34 m 04537’

’_5..o5om

‘

(3)

(4)

’

If the subjectproperty 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 ONL and NOT to the total size of the completed building.

88.7 m

118.92sq.m. 12.19mx9.15m

6.65 m

9.148m

“

8 HUD

2 4 0 W‘

(2)

If yes,Current details: please provide to be demolished or removed. All structures

NOTES:

Setback from High Water Mark (If applicable)

D_imensions

of Buildinglstructure

°"*5_‘d°

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Rear Lot Line

(1)

Detached Garage

Setbalcklfrom

Setback from Front Lot Line

Type of Structure (E.g. residence)

Ifthe answer to item 14 is yes, for each proposed addition, building or structure indicate:

Page 140 of 250

Increase in plumbing fixtures Increase in living space encroach on the existing septic system?

(b) (c) (d)

V?|| the addition or structure

Increase in number of bedrooms

(a)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

Is storm drainage provided sewers, ditches, swales or by other means? Drainage by by Swales provided
Indicate whether sewage disposal is provided to the subject land by a publicly owned"and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

Currently provided from Lake, private well is planned.

is provided to the subject land by a publicly owned and operated piped 22. Indicate whether water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means:

water

,21.The length of time that the existing uses of the subject land have continued: 50-60 years that we are aware of.

Main Cottage 1970’s, Little Shed 2012, Bunkie 2014, Deck 2000’s

20.The date the existing buildings and structures were constructed on the subject lands:

February 10, 2012

|:|Yes

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

19.The date the subject land was acquired by the current owner:

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

l:|Yes No

If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance).

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

ii)

importance and should be prepared as carefully, neatly and accurately as possible.

The approximate location of all natural and artificial 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, wells and septic tanks. Show distance of these features from the app|icant’s property lines.

The location of all abutting (neighbours’) lands.

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

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

A SKETCH must be submitted showing the following:

Ifthe answer to item 27 is yes, please give the ?le number of the application and the status of the application.
If the answer to question 25 is yes, please give the ?le number of the application and the status of the application.

‘:|Yes

Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent.

Page 142 of 250

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Page 143 of 250

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Page 148 of 250

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Page 149 of 250

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Page 150 of 250

Page 151 of 250

Duncan, Brett

Applicant Name(s):

Comments:

No Objection, an adequate area for the installation of a class 4 sewage exists on north side of the Right of Way of Stafford Lane. Due to the complexity of the installtion because of the distance from proposed dwelling to sewage system and installtion of the force main under the lane way a design by a professional engineer with the expertise in field of sewage system design may be required.

421 Stafford Lane Township of South Frontenac (Storrington)

Minor Variance

Type of Application or Proposal:

Locatmn:

PL-ZNA-2023-0063

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

Application Number:

To:

SEWAGE SYSTEMREVIEW COMMENTS

FRO NTE N

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Development Services 4432 George St, Box 100 Sydenham ON, KOH 2T0 613-376-3027 Ext 2226 buildin southfrontenac.net H

June 23, 2023

CRCA File: MV/FRS/128/2023

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 Minor Variance PL-ZNA-2023-0063 (Duncan)(Seaway Design) Pt Lot 34, Concession 11; 421 Stafford Lane ARN: 10290700603600000000 Storrington District, Township of South Frontenac Waterbody: Little Cranberry Lake (Rideau Canal)

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation (CRCA) and Parks Canada, have reviewed the above-noted application, and provide the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of a new single-detached dwelling 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 24 metres to permit the construction of the new dwelling.

Site Description The property is located on the north shore of Little Cranberry Lake, which is part of the Rideau Canal. The topography of the site can be characterized as rising steadily from the shoreline up to a plateau of land located further to the north of the lot, then descending again towards a lowlying area where the Beacon Point Provincially Significant Wetland is located. There is currently a frame shed, frame bunkie, wooden deck, and 1 storey cottage located on the property between Stafford Lane and the shoreline of Little Cranberry Lake, which are proposed to be

Page 152 of 250

PL-ZNA-2023-0063 June 23, 2023 removed. In addition to the new proposed dwelling, there is also a detached garage proposed to the north of Stafford Lane. With the exception of the area immediately surrounding the existing development which is vegetated with a mix of grass and sparse tree cover, the majority of the lot is heavily vegetated with mature woodlands. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential – Waterfront (RLSW) and ‘Environmental Protection’ (EP) in the Zoning By-law for South Frontenac Township. The EP zone appears to coincide with the location of the Beacon Point Provincially Significant Wetland. Discussion The main interests of the RWDRT with respect to this application are the avoidance of natural hazards associated with the shoreline and the protection of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards / Ontario Regulation 148/06 Cataraqui Conservation, through our implementation of Ontario Regulation 148/06 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion. Flooding: The maximum recorded water level for Little Cranberry Lake is 98.95 metres geodetic. For Little Cranberry Lake, the maximum 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. Erosion: Cataraqui Conservation, in accordance with provincial technical standards, defines the erosion hazard limit associated with the shoreline of Little Cranberry Lake as the sum of an allowance for toe erosion (estimated to be 2 metres), a stable slope allowance of 1(h):1(v) for bedrock shorelines and a minimum erosion access allowance of 6 metres. For a 1 metre high slope, the erosion hazard would therefore extend approximately 9 metres inland from the toe of slope (1 + 2 + 6). Staff have concluded that the proposed development will be located outside the extent of the erosion hazard limit. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Heritage Values of the Rideau Canal The subject property is located on Little Cranberry Lake, part of the Rideau Canal National Historic Site and UNESCO World Heritage site. The Rideau Canal National Historic Site is valued in part for its historic, ecological and visual associations with shore lands and communities along the

Page 2 of 5

Page 153 of 250

PL-ZNA-2023-0063 June 23, 2023 waterway which contribute to the unique historical environment of the canal [Parks Canada, Rideau Canal Commemorative Integrity Statement, 2000]. In addition, when the Rideau Canal was inscribed on the World Heritage List in 2007, the World Heritage Committee recognized a 30 metre buffer zone surrounding the inscribed property and recommended that consideration be given to strengthening the canal’s visual protection outside the buffer zone, in order to ensure that the visual values of the setting are protected alongside environmental values. In this sector of the Canal the buffer zone extends back from the high water mark of Little Cranberry Lake. Per the Operational Guidelines for the Implementation of the World Heritage Convention, effective management of a world heritage site goes beyond the property to include any buffer zone(s), as well as the broader setting. Ways this can be achieved are through limiting development within the 30 metre buffer zone, and by designing development to be unobtrusive, visually screened and integrated within the vegetation and topography. We encourage developing the property in a manner that complements the visual character of the landscape and minimizes visual impact on the protected heritage property. The use of building materials and colours that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exteriors. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. In accordance with the PPS (2020), planning authorities shall strive to maintain, and where possible, enhance water quality through the review of development proposals. One way to achieve this and to protect natural heritage is through provision of an adequate riparian buffer or “ribbon-of-life”. A minimum buffer of 30 metres can provide a buffer of undisturbed soil and vegetation along the shoreline, which will help to filter runoff, prevent soil erosion, and provide wildlife habitat. The proposal includes a near four-fold increase in the developed area along the waterfront alone (this calculation does not include the proposed garage at 88m from water), and further increases encroachment towards the water, into the 30m buffer zone, than the existing development. To help protect the natural heritage, cultural heritage and scenic values of the waterway, we recommend that the proposed development encroaches no further towards the water than the closest point of the existing wood deck. For long term protection, we recommend preservation and, where possible, enhancement of the vegetative buffer between the proposed building and the water. This can be achieved through: • • •

Limiting vegetation and soil mantle disturbance within 30 m of the water; Directing runoff from hardened surfaces (e.g. roofs, decking, patios) away from the water to a vegetated area to allow for maximum infiltration before entering the lake; Use of native, non-invasive species when landscaping and gardening on waterfront properties.

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PL-ZNA-2023-0063 June 23, 2023 Over the last ten years, Parks Canada has been working closely with all 13 municipalities, three counties, two conservations authorities, the Province and First Nations along the Rideau Canal as part of a collaborative working group called the Rideau Corridor Landscape Strategy. One of the initiatives undertaken by this group is the Principles for Good Waterfront Development. The 10 Principles provide helpful guidance when undertaking new development/redevelopment along the historic site. Recommendation In summary, the RWDRT recommends deferral of the proposed development under application PL-ZNA-2023-0063 until the above-noted concerns are addressed. Specifically, we recommend that the proposed dwelling be shifted further back from the water, or reconfigured, so that it maintains the current highwater mark setback of the existing dwelling and attached deck. We also recommend implementation of the above-noted environmental mitigation measures (in bold text). Regulatory Requirements 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 Little Cranberry Lake, within 18 metres of the toe of slope of the shoreline, or within 120 meters of the limit of the PSW is subject to O. Reg. 148/06. Therefore, a CRCA permit will not be required for the construction of the dwelling, but a CRCA permit will be required for the proposed detached garage. The landowner(s) should contact CRCA’s office at the building permit stage for more information about permitting requirements under O. Reg. 148/06. The Parks Canada Rideau Canal Office is an approval authority for all in-water and shoreline works along the Rideau Canal. If the landowner wishes to carry out any in-water and shoreline works, the Rideau Canal Office must be contacted. Written approval must be obtained prior to the commencement of construction. Work must adhere to the Policies for In-water and Shoreline Works and Related Activities. The Parks Canada/Rideau Canal permitting staff can be reached at on-rc-cr.permits-permis@pc.gc.ca. 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 email at jtreash@crca.ca. Yours truly, .

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PL-ZNA-2023-0063 June 23, 2023 Janelle Treash Resource Planner Cataraqui Conservation cc:

Susan Millar, Planner, Ontario Waterways Unit, Parks Canada Applicant, via email

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0063 (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

Summary The subject application seeks zoning relief to permit a seasonal dwelling to be erected 24 metres from the highwater mark of Little Cranberry Lake. This report recommends that the Committee of Adjustment grant approval of this application, subject to conditions, as this application meets the four tests of a minor variance under section 45(1) of Planning Act.

Background

Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) & Environmental Protection (EP) Zoning Relief Requested Section 5.8.2(a) – to permit a seasonal dwelling to be setback a minimum of 24 metres from the highwater mark of Little Cranberry Lake, whereas the Zoning By-law requires a minimum 30 metre setback from the highwater mark for any building. Section 10.3.1 – to permit a seasonal dwelling to establish a 24 metre front yard and to be setback a minimum of 24 metres from the highwater mark of Little Cranberry Lake, whereas the Zoning by-law requires a minimum 30 metre front yard and setback from the highwater mark for the principal building.

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Page 157 of 250

Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

Discussion/Analysis Property Description The 9.9 hectare (24.5 acre) subject property has frontage on Little Cranberry Lake and is accessed by Stafford Lane. The property is in an area of similar waterfront residential development. The property is a flag shaped lot which extends from the shoreline of Little Cranberry Lake northward in a thin strip until expanding substantially in the northern section of the property. The northern area is characterized by a large Provincially Significant Wetland, which is zoned Environmental Protection. Stafford Lane cuts through the property, separating its southern most tip from the rest of the property. All of the existing buildings are located at the southernmost end of the property, more than 120 metres from the wetland, south of Stafford Lane. The property currently has a seasonal cottage (34.7 metres from highwater mark) with a deck (28.2 metres from highwater mark) between Stafford Lane and Little Cranberry Lake, as well as numerous accessory structures around the property. A septic system is currently located on the eastern side of the property, adjacent to the current location of the cottage.

Summary of Proposal The Applicant is proposing to demolish all of the existing structures on the property, and to construct a seasonal dwelling with an attached garage and covered deck south for Stafford Lane. The building will possess a 193sq metre footprint. The seasonal dwelling will be one story tall with a finished walkout basement. The building will be setback a minimum of 24 metres from the highwater mark of Little Cranberry Lake at its closest point. It would be located in the same general area as the existing seasonal dwelling. A new septic system would be installed north of Stafford Lane. The Applicant also intends to build a detached garage on the north side of Stafford Lane which will conform to all zoning requirements.

Department and Agency Comments Building Services The application was reviewed by Building Services who had no objections from a septic system perspective. However, they noted that the complexities of constructing a septic

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Page 158 of 250

Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

system where the force main line is placed under a laneway may require a professional engineer with expertise in the field of sewage to design the system. Rideau Waterway Development Review Team (RWDRT) The RWDRT, consisting of staff from Cataraqui Conservation and Parks Canada, indicated in a letter dated June 23, 2023, that the proposed dwelling would be located outside the flooding hazard and shoreline erosion hazard associated with Little Cranberry Lake. The RWDRT expressed concerns about a possible impact the proposed development may have on the visual character of the Rideau Canal with particular concern about encroachment within a 30m buffer-zone of the shoreline. They recommend deferral of the application so that the Applicant can consider shifting the proposed dwelling further back from the water, or to reconfigure the dwelling, so that it maintains the current highwater mark setback of the existing dwelling and attached deck. If the application is approved, the RWDRT recommend the following for long term protection of the lake:

Limiting vegetation and soil mantle disturbance within 30m of the water;
Directing runoff from hardened surfaces (e.g. roofs, decking, patios) away from the water to a vegetated area to allow for maximum infiltration before entering the lake;
Use of native, non-invasive species when landscaping and gardening on waterfront properties. Public Comments No comments were received from the public at the time of report finalization.

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. All four tests must be met for an application to be approved. 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 subject property is designated Rural in the Township Official Plan. The proposed dwelling is consistent with the permitted residential use of the property. Although the property is quite large, it was created with the intent that the main use of the property would be located between Stafford Lane and Little Cranberry Lake. All of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 159 of 250

Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

properties along the lane, including the subject property, were developed with the buildings and structures located south of the lane and with a range of setbacks from the highwater mark. Section 5.2.7(b)(3) of the Official Plan contains policies for development and site alterations adjacent to lakes and rivers. The policy allows for the consideration of expanding buildings within 30 metres of the highwater mark based on an evaluation of the total building footprint and lot coverage being proposed, the closeness of the existing building to the high-water mark, and the capacity of the lot to accommodate a greater setback. The proposal was evaluated in line with these policies. The combined footprint area of the existing buildings and structures on the property is 115 square metres, while the footprint area of the new seasonal dwelling would be 193 square metres. This represents a total lot coverage increase of 0.0008%, which is negligible. The dwelling is proposed to be setback 24m from the highwater mark, which is 10.7m closer than the existing cottage, and slightly closer than the existing deck that is in front of the cottage. However, it will be setback farther than an existing shed which has a current setback of 20.9 metres. Since all the existing buildings will be removed, the new dwelling location represents a net increase in setback for this lot. Finally, this lot does not have the capacity to accommodate a greater setback from the water while remaining in the established developed area on the south side of Stafford Lane. As a result, the proposed location of the seasonal dwelling is setback as far as possible from the highwater mark while allowing for functional and safe access to and from the Lane. With all these factors considered, the proposed variances maintain the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The property is zoned Limited Service Residential Waterfront (RLSW). The proposed seasonal dwelling is a permitted use on the property. The dwelling complies with all applicable zoning provisions with the exception of the front yard/highwater mark setback. The intent of the 30-metre setback from water is generally to avoid pollution or degradation to the waterbody in question, through the provision of a natural riparian buffer. Generally, the largest contributor to possible water pollution is a buildings sewage system. In this proposal, the redevelopment of the site would result in the sewage system being relocated to significantly increase its distance from the lake (~75m). As indicated above, the dwelling footprint would be 78sq m (840sq ft) larger than the combined footprint area of all the existing structures that will be removed from the property. This would result in the consolidation of the developed area of the lot, to one centralized location. As stated above, it was the intention when this lot was created that the primary use of the lot would be developed to the south of Stafford Lane. This is in line with the historical use of both www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

the subject property and the surrounding property. By adhering to this historical precedent, development is pushed closer to the lands directly adjacent to Little Cranberry Lake. As a result, the area around the currently developed cottage represents the most desirable area for the rebuild. Further, the proposed location of the seasonal dwelling is setback as far as reasonably possible from the highwater mark of Little Cranberry Lake while respecting the required setbacks and safe distance from Stafford Lane. As the proposal places its development on the previously developed area, as far away from the lake as possible; the proposal does maintain 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 property in question is a large lot, however the existing developed area is quite small. Stafford Lane cuts through the property, severing it into an expansive northern piece and a small southern slice. A large portion of the northern piece of the property is covered by forest and the Beacon Point Provincially Significant Wetland. Building on the southern piece of this lot would ensure that the development takes place as far as possible from this environmentally sensitive area. It is the intention of the applicant to rebuild the dwelling on the same general location as the current cottage. The proposed location represents the least disruptive area to build on the lot as the site is already developed. The proposed dwelling is to be placed as far away from the shore of Little Cranberry Lake as is possible with consideration to the location of the lane and the need for a functional driveway. The new septic system will be built to the north of the lane, which is an improvement over the existing condition. The lack of disruption to vegetation, the redevelopment on previously developed land, the location of the dwelling as far as possible from Little Cranberry Lake, and the relocation of the septic system represents the desirable and appropriate development of the land. As a result of all these factors the requested variance is desirable for the appropriate development of these lands. Is the variance minor? Yes, the variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The proposed development would be in keeping with the general development of surrounding properties. A shoreline remediation plan is a recommended condition of approval to improve the vegetation buffer between the dwelling and the shoreline. This would help to mitigate any potential visual impact on the Rideau Canal.

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Page 161 of 250

Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

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

This application was originally circulated under Section 45(2) of the Planning Act. Upon further review it was determined that it should be considered under section 45(1) of the Planning Act. A new notification was not required as the proposal is unchanged.

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0063 for 421 Stafford Lane subject to the following conditions:

The Minor Variance is for a seasonal dwelling. The structure is permitted to be establish a minimum 24 metre front yard, and to be setback a minimum of 24 metres from the highwater mark of Little Cranberry Lake, as per the drawings and building plans submitted 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 Little Cranberry 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. The soil mantle and a natural vegetated buffer must be maintained in its natural state within 20 metres of the shoreline. d. Preparation of a shoreline remediation plan. The purpose of the plan is to create and enhance the natural vegetative buffer within at least 20 metres of www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 162 of 250

Township of South Frontenac Staff Report - Minor Variance Application (S. 45(1) of the Planning Act) (Duncan/Seaway Design) – 421 Stafford Lane, District of Storrington

PL-ZNA-2023-0063

the highwater mark of Little Cranberry Lake. The plan shall be reviewed by the Township prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the dwelling associated with application PL-ZNA-2023-0063. 2. All structures on the portion of the property South of Stafford Lane shall be removed prior to the construction of the proposed seasonal dwelling through a demolition permit obtained under the Ontario Building Code, to the satisfaction of the Township Chief Building Official or his designate.

A building permit is required for ALL construction and demolition 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.
Minor variance PL-ZNA-2023-0063 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws.

Report Prepared By: Michael Kelly, Planning Student Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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Page 164 of 250

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Page 173 of 250

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Page 174 of 250

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Page 175 of 250

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Page 177 of 250

From: To: Cc: Subject: Date:

Evan Bancroft planning; Noah Perron Troy Dunlop RE: Public Services Review - PL-ZNA-2023-0064 June 16, 2023 1:01:55 PM

Hello Planning, We have no issues with this one. Operationally the setback requirements do not concern Public Services. Thanks, Evan Evan Bancroft, C.Tech. Operations Technologist Township of South Frontenac p: +613-376-3027 ext. 3350 e: ebancroft@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net Please consider the environment before printing this email —–Original Message—-From: Troy Dunlop tdunlop@southfrontenac.net Sent: Friday, June 16, 2023 12:22 PM To: Evan Bancroft ebancroft@southfrontenac.net Subject: FW: Public Services Review - PL-ZNA-2023-0064 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 —–Original Message—-From: planning planning@southfrontenac.net Sent: Monday, June 12, 2023 11:48 AM To: Troy Dunlop tdunlop@southfrontenac.net Cc: Noah Perron nperron@southfrontenac.net Subject: Public Services Review - PL-ZNA-2023-0064 Hello Troy, Just wanted to circulate this to you as the proposed garage would be set closer to Perth Road than our by-law allows.

Page 178 of 250

When I visited the property last Friday, I did notice a natural tree buffer between the location of the proposed garage and the road. Please find attached to this email, documentation for your review with respect to: Application number: PLZNA20230064 Roll Number: 102901003018820 Legal Description: CON 12 PT LOT 3 RP 13R12051;PT PART 1 POLLYWOG LAKE Applicant: CAIN DONALD Owner: CAIN DONALD Proposal: To vary section 8.3.2 of Zoning By-law No. 2003-75 to permit a detached garage in the RW zone to be located 12.1m from the front lot line, whereas the by-law requires a minimum setback of 20m. Further, to vary section 8.3.3 to permit an existing bunkie to be located within 17m of the highwater mark of Pollywog Lake, whereas the by-law requires 30m. The bunkie in question was raised without seeking planning approval or a building permit. Location (civic address): 8270 PERTH ROAD Staff contact: Noah Perron Kindly provide your comments on this application to planning@southfrontenac.net by June 26, 2023. Regards, 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 179 of 250

June 29, 2023

File: MV/FRS/133/2023

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 Minor Variance PL-ZNA-2023-0064 (Cain) Pt Lot 3, Concession 12; 8270 Perth Road Bedford District, Township of South Frontenac Waterbody: Pollywog Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of a garage and bunkie on the subject property. The garage has not been constructed yet, however the bunkie was constructed without planning or permit approvals. The minor 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 17 metres to permit the construction of the bunkie. Staff note that based on observations taken on site, the bunkie is estimated to be located 12 – 13 metres from the highwater mark, rather than 17 metres as indicated on the application and supporting site plan. Provide relief from Section 8.3.2 of the Zoning By-law to permit the detached garage to be located 12.1 metres from the front lot line.

Site Description The subject property is located on the east side of Perth Road and the property has water frontage on Pollywog Lake. The topography of the site can be characterized as having a high and steep rock embankment adjacent to the lake, which levels out to a tableland where the development is proposed. There are young and mature trees interspersed throughout the lot. The property currently contains an existing dwelling, a garden shed, a wood shed, a bunkie, and some stairs down to the water. Staff visited the site on June 27, 2023. Page 1 of 3

Page 180 of 250

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. 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 Pollywog Lake. Natural Hazards / Ontario Regulation 148/06 Flooding: Cataraqui Conservation does not have floodplain mapping for Pollywog Lake. However, due to the difference in elevation between the highwater mark of Pollywog Lake and the top of bank, flooding is not expected to occur inland of the top of bank. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Therefore, the proposed garage and constructed bunkie are considered to be outside of any area of potential flood risk. Erosion: Section 5.8.2.b) of the Township’s 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. Cataraqui Conservation, in accordance with provincial technical standards, defines the extent of the erosion hazard associated with the shoreline of Pollywog Lake as the sum of an allowance for toe erosion (estimated to be 1 metre), a stable slope allowance of 1(h):1(v) for bedrock shorelines and a minimum erosion access allowance of 6 metres. Based on elevation mapping, aerial imagery, and observations taken on site, the rock embankment is roughly 9.5 metres high, therefore the erosion hazard would extend approximately 16.5 metres inland from the toe of slope (1 + 9.5 + 6). The constructed bunkie consists of a 12.34 square metre enclosed structure (including an enclosed, cantilevered second storey) and a 7.56 square metre wood platform. The platform is currently located about 3.18 metres from the top of bank, and the enclosed structure is about 4.7 metres from the top of bank. The top of bank is located about 9.5 metres inland from the toe of slope, therefore the bunkie falls within the extent of the erosion hazard. In order to comply with CRCA’s Guidelines for Implementing Ontario Regulation 148/06, the bunkie, including the attached platform, will need to be relocated or reconfigured so that it is located at least 7 metres from the top of bank. Alternatively, to remain in its current location, the platform could be removed and the enclosed structure could be reduced in size so that it is less than 10 square metres in area (including the cantilevered second storey), since CRCA does not regulate structures smaller than 10 square metres.

Page 181 of 250

Recommendation In summary, staff have no concerns with the proposed detached garage based on our consideration for natural hazard policies, however, since the constructed bunkie is located within the regulatory erosion hazard setback, staff do not support approval of this part of the minor variance application. We recommend deferral of application PL-ZNA-2023-0064 until the above-noted concerns (in bold text) are addressed to the satisfaction of Cataraqui Conservation. 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 Pollywog Lake or within 25.5 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the bunkie, however a permit will not be required for the proposed garage. Staff will follow-up with landowner(s) to provide more information about how the constructed bunkie can achieve compliance with 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:

Noah Perron, Planner, South Frontenac Don and Carol Cain, Applicants, via e-mail Hailey Esdon, Cataraqui Conservation Development Officer

Page 182 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2023-0064, Cain, 8270 Perth Road, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a proposed garage, 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: Waterfront Residential (RW) Zoning Relief Requested Section 8.3.2 – To permit an accessory detached garage to be setback 12.1m from the front lot line, whereas the zoning by-law requires a minimum of 20m. Related Applications The subject property is subject to Minor Variance Application PL-ZNA-2023-0083 for an additional detached accessory structure (art studio/storage shed).

Discussion Property Description The subject property is a lot of record measuring at approximately 1.4ha in area with frontage on Perth Road and Pollywog Lake. The property contains an existing 177.4sqm (1909.5sqft) one-storey dwelling and three detached accessory structures. Regarding topography, the subject property is relatively flat around the area of the sewage system and the front of the dwelling, before sloping down steeply towards the shoreline. The subject property is primarily forested, with the exception of cleared areas where the existing dwelling and driveway are

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

Page 183 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0064, Cain, 8270 Perth Road, Bedford District

situated. Finally, the surrounding area is characterized by similar rural residential, and waterfront residential developments. Summary of Proposal This proposal seeks relief from Zoning By-law No. 2003-75 to permit an accessory structure in the Waterfront Residential Zone to be setback less than 20m from the front lot line. The applicant is proposing to construct a 66.3sqm (713.6sqft) detached garage, setback 12.1m from the front lot line. Agency Comments Cataraqui Conservation staff, in a letter dated June 29, 2023, provided comments stating that they had no objection to approval of the application. Public Services staff reviewed the proposal in light of the reduced front yard setback and its potential effect on Perth Road. They had no objection to the approval of the application. 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 variance would facilitate the construction of a detached garage 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 detached garage 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 waterfront 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 detached garage complies with all requirements of the Zoning By-law except the minimum setback from the front lot line. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 184 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0064, Cain, 8270 Perth Road, Bedford District

Section 8.3.2 of the Zoning By-law requires accessory structures be setback a minimum of 20m from the front lot line, whereas the proposed detached garage is to be setback 12.1m. The purpose of this setback is to avoid an overdeveloped appearance near roadways and to ensure the rural character of the area is maintained. When considering the change in topography, the 30m setback from Pollywog Lake and the location of existing accessory structures, there would be limited opportunity to locate a compliant structure. Further, the location of the proposed garage has been selected to maximize functionality of the subject property, being a natural extension from the existing driveway. The proposed location is currently used for outdoor storage and is cleared of trees and vegetation, therefore minimal vegetation will be lost during construction. Finally, there are existing trees and vegetation between the proposed location and the road which will effectively screen the proposed garage. As such, 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 garage will maximize functionality of the structure as it extends directly from the existing driveway. Further, the proposed garage will be visually screened from Perth Road by an existing tree buffer and will not have a greater impact of the surrounding are than existing conditions. 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.

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

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

Page 185 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0064, Cain, 8270 Perth Road, Bedford District

It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0064 for 8270 Perth Road, subject to the following conditions.

The minor variance is for a 66.3sqm detached accessory structure. The minimum front yard setback for the accessory structure is permitted to be 12.1m. The location of the accessory structure on the property must be generally consistent with the sketch submitted by the applicant on May 29, 2023.

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-2023-0064 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, MCIP RPP, Senior Planner

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

Page 186 of 250

Page 187 of 250

The lands

the Township

Conservation

Valley

Rideau

Region

Quinte

Cataraqui

without

Type:

of

South

Class

Conservation

Authority

Conservation

a

a

A

a

January.

and and

purpose purpose of of

provisions

development

By-law

in

with

Authority

Authority

new

Review a

the

or

the

Fee:

be

?led

Class

2,

3,

4,

or

the

a

5

sewage

be

stru ctur e

alter passed,

Secretary~

or

or

Townshi P. 13, non — conf ormi ng

Adrnin

with

sewage

Fee:

e

( Sepa the rate

byTreasurer a non— card or refundabl cheque

the

was

onsite an application submitted

credit

review

$97.00

Building $97.00 $97.00

card,

Committee

structure by—law

with

by Chapter legal a

building

alter the

By—Iaw.

accompanied

extend day

to Township when submitting Authority, are to

the

or the

to

appointed

the land, Plan.

provided

use of Of?cial Zoning

sketch, by debit

application

Planning $999.00 $1 ,370.00 $2,082.00

cash,

this with

be for provided (where applicable) Conservation

permit

below Frontenac.

of

or

the

2023

FRONTENAC VARIANCE 45(2))

persons Act R.S.O. 45(2) s.

SOUTH MINOR (S.

eight Committee of 45 the Planning of or under permission

copy together

system

Performance

combination

VI//TH

Frontenac

applicable

that Fee a Authority

Only

the

in than

South

of

Township Minor Minor Minor system

Variance Variance Variance other

It is required Conservation payable to

intent intent

appropriate

Zoning

that (1) one Adjustment, with the chart

of

is Section by—|aw

Updated

TOVVNSHIP OF APPLICATION FOR OR PERMISSION

to permission grant enlarge or building on structure, by the by—|aw. prohibited

land,

may

Agplication Variances 1 -3 Variances 4+ building After

to

accordance

It is required Committee

purpose

a

the general

general nature

for

Requirements

any

where

in

the the

vary

Adjustment under zoning a

may

of formed from

ls desirable Maintains Maintains ls minor

for

Application

used

Committee

that

is

variance:

Committee

the

The

minor

variance

Committee

Committee

The

OUTH

FRONTENAC

Page 188 of 250

Please

READ

THIS

are

OF

SOUTH

ITEM

CAREFULLY

to

on any

P_13

application construction.

this

c.

APPLICATION 1990,

R_S.O.

Act,

FRONTENAC

consultation for prior fees and

Planning

as

FOR

only;

amended these

MINOR

agencies

VARIA NCE

Personal

376~3027

Treasurer

questions

boards,

purpose

Personal be

Information

Planning Act, the under required is herein requested Division of Adjustment/Land the by Committee used be made and may application, referenced the above reviewing of interest having an Persons and Agencies Authorities, Commissions, directed be should inforrnation this of collection the regarding Ont., Sydenham, Box 100, (P.O. Adjustment of Comn1ittee the of ext.2224).

of

applicant lands

information will information

Collection

abutting

Each

subjec of the dimensions the showing provide a sketch shall t sh sketch The the application. of 29 Question as outlined in ou This sketch, measures. or Metric Imperial scaled and in either dimensioned ld Variance Minor of the analysis the for is the basis Form, Application the sp applicant the that strongly recommended is it Adjustment. of Committee en data the transfer and data the assemble thoroughly and carefully to time d mea and dimensions with accurate drawn be sketch the that important b may not sure information required above the include does not which application e men who a of person assistance the secure to may wish applicant regard, the ts. is questions application the answering to sketches. A guide drafting such of

PLEASE

fees Note: These applications permiit

This

additional

TOVVNSHIP

Page 189 of 250

Received:

FL-”

as

Roll

nurnber

Plan

the

C:-.20

Number:

131A

is

,3

—

Esther

of

:1

owner make to

for

Reitzel

land:

of

the

C

—

,1

Name

Portland Lot

on

the

FOR

the

Number(s):

West

NIINOR

Shore

owners

authorization the

Loughborough

of

accompany

written

No:

amended

C/-— @000.

Part

as

File

Number:

C

behalf

nwust

Road/Street:

‘+59

of

to

land,

act

No

APPLICATION P_13 c. 1990,

subject application,

Agent:

the

authorized Variance.

Minor

or/0

hereby

Agent:

Agent:

:1

preeconsultation:

Yes

FRONTENAC Act, R.S.O.

0w*~err

&

Date

Authorized

subject

‘gaedford

of

Owner(s)

Number:

of

above

Authorized

Authorized

of

Agent:

the

Owner(S):

application

of

of

of

Brian

NOT is authorized

Address

rIan1ed this

Number:

Number:

Reference

Street

is

of

of

SOUTH Planning

application

OF

Owner(s):

this

Address

Authorized

description

Concession

District:

of

Address

Signature(s)

The

Address

number

Mailing

Agent processing

Email

Phone

Full

Name

the

if the

Email

for

OVVner(5)j

Man"-9

of

applicant applicant

Name

Phone

Planner:

Pre—Consultation

Date

TOWNSHIP

La ne

for

applica tion.

VARIA NCE

Page 190 of 250

reason

a

extent

why

the

$6754?

are

public

whether

X

Yes

garage,

of

5

shed,

D

on

No

etc.)

are

the

and

property

C/::1€:

of

cannot

ape!

from

§‘2C/es

any

(on

as

FOR

sq.ft.

comply

EXISTING

land?

with

buildings

provisions

or

of

structures

indicate these

road?

.,zL/W;

the

only, please distance

-. No

maintained

/.5

if/V‘/"

&@/5/é

the

.5/ £35

the facilities

’.

on

the

fro m

parking

Yes

Zo nin g

sq.rn .)

24~5

VARI ANCE

Aazwm

of

(1,504

MINOR

road/lane):

amended

Zoning/By—law: j;Z/rt/é’>‘

Area;16,184

Frontage

land.

APPLICATION c. P.13 1990,

3’

by is water approximate

subject

the

the

subject

municipally

4,4,,/4’.

a

5&7’/4—e£?

use

the

land:

tn)

of

easy»

relief

ed

road?

there

uses

the

front

road.

used

.g‘/;;

subject be

to

T”

existing

or

the

.5

cottage.

the

used nearest

to

5

property

subject

(27.1

area

FRONTENAC R.S.O. Act,

E>A._S(/-9

proposed

of

ft

and

SOUTH Planning

the

OF

m)

maintained

Road/Lane:

Lu

of

Please indicate (Le. residence,

season

What

N/A

subject

privately

the

If access facilities and the

lam

Name

OR

Does

3

and

1,0/afé,

nature

(78.3

zoning

ft

water):89

depth

‘7’/-66 .é»a/52’/,«./9

The

248

current

30m

The

The

Depth;

(on

frontage(s),

Frontage

The

TOWNSHIP

,)é

Page 191 of 250

If

Setback

Lot

Lot

Lot

from Line

Line

from

Line

frorn

1 1

is

yes.

SOUTH Planning

'

rn)

8 (2_4

136

'

(41_5

m)

21 rn)

ft m) _

Max.

(6.4

|/Iin.

1

79 (24 fl

K‘

ft

S 3 Cotfaagsgn

(1)

itern

OF

'

14.Are

New

‘l.‘3.The

proposed

to

any be

Build.

uses

High

f

building(s) built on the

Residential

Cmroaq/4-

Setback frorn Water Mark (if applicable)

D‘

the

subject

X

Yes

or structure(s), subject land?

of

sqlrn.)

sq.ft.

/’r!3P,~3g,v;

1,282 (119.1

. ht S7-v?v cm: ‘Id‘ H f B (Aleslogindigateislrng /“E7255 4/ or story two story)

Setback Side

Rear

to

Structure

answer

of residence)

the

Setback Front

Type (E.g.

TOVVNSHIP

or

and:

for

298 (27.7

No

?/1

or

existing

as

FOR

ft

or

VARI ANCE

structure(s),

(4_“Ja_:l’-9-;-_

sq.m.)

sqft.

building(s)

-lu

56 (5.2

m)

rn)

m)

‘7 FEE7 . ( gM)

(1_7

ft

MINOR indicate:

amended

55 ft

145 (44.5

11 1 (339

Shed

<3)

structure

P.13

£555./<

,_.;rpgg

to

sq.ft. sq.m.)

61

additions

D

rn)

m)

c.

APPLICATION 1990,

building

ft 14 (‘L3 rn)

7 ft (2.1

ft

37399

209 (637

G

<2)

EACH

FRONTENAC R.S.O. Act,

Page 192 of 250

the

answer

two

story)

or

_

to

(1)

(If

High

your

3

season

If yes.

Do

Mark

from

of

cottage

please

plans

is

_

yes,

SOUTH Planning

: ‘

7

\

5

‘

V

L? “”\

,

Storey . ft “‘9’” (6.7 rn)

1

1,

yn

W1

?g

.,

_

for

each

_

(2)

proposed

FRONTENAC R.S,O. Act,

include

need

details:

any

property

;;‘e‘/V‘

A

M

to

be

demolished

DEMOLITION

of

relate

mark building.

and

for

purpose

existing

is on waterfront, high setback from the water required question in this completed total size the of

will

provide

I

’ rm

on

structures?

of

FOR amended

or

VARI ANCE

structure

MINOR

constructino

N

X

n

Yes

the setback lane, same. the CONSTRUCTIO NEW

(3)

building

as

a private be will the to

addition,

APPLICATION c. P.13 1990,

,_ 3.: ft X8-‘7:ft 54 CDwel’1>—-:7) (16.5 m) rn x 11.3 /,,~;-

“

subject If the lot line and the 2) The dimensions and to NOT the

Water applicable)

Setback

Outside Diinensions Builolinglstructure

14

OF

Residential New Build

itenw

Bu Hei ht Id of n 22 islonge (Aisogindicate ir i:

story

Line

from

,

Lot

Setback Side

Line

from

Line

.

Lot

Setback

Rear

Lot

froin

of Structure residence)

Setback Front

NOTES:

if

Type (E_g_

TOVVNSHIP

Page 193 of 250

21

date

length

or

3/0

storm

870::

Indicate operated privy.

subject

that

en)

the

existing

S

/_<:

and

7

WLY

provided

is

privately

by sewers,

by

existing

to and

ditches,

by

/Iiib or

Z

X

X

'

the

Yes

Yes

Yes

Yes

other

means?

nae/I <4:/_.<

by

rm/.0

a

and

’r

2

VARI ANCE

9 p lak e, _ e r a t publicly ow a e or communal ne d d well,

owned

/‘€24?

subject

MINOR

continued:

on

publicly communal

have

:3

FOR

arnended

land individual

by

a or

land

subject the operated

swales

_TA’l/K

owned

provided

7121:?

owner:

é?égy land individual

as

structure?

constructed

at”: subject

were

current

encroach

om

the

the

the subject operated

?n

of

/6537

e,ur4-

to

is

and

KB

§’;:.’:”/?c

a

disposal

1.4

provided owned

fixtures

bedroorns

structures

uses

acquired

o:_4>/2/57;;

c_‘,g«4¢o¢/

drainage

was

space

of

an

APPLICATION c. P.13 1990,

developn?ent?

of

R.S.O.

or structure septic system?

living

plumbing

number

proposed

addition existing

in

in

in

the

Act,

FRONTENAC

RAISING

details:

the

SOUTH Planning

buildings

0

land

<75/0’

water a privately means:

time

/

existing

whether sewage sewage system, other means:

are

other

or

& up

body,

whether

system,

water

Is

of

the

c—>rc/can/4;

Indicate

.The

the

on

OF

of

the the

increase

(c)

Will

Increase

(b)

(d)

increase

uses

(E)

the

provide

include

<)74t.7/ e206‘

date

plans please

are

your

yes,

What

if

Do

/;’«4/eL~/

The

1 9.The

TOWNSHIP

Page 194 of 250

“““Note:

If the

Yes

answer to

is

is

CNO yes,

whether Planning

25

o

XN

27

indicate of the

question

iten'1

43

to

%.Yes

application.

SOUTH Planning

please

iii)

“”*

The

ii)

The distances property to importance be and

HAVE

all

a line

abutting

lot

reference

should

on—site to IS varied,

(neighbours‘)

point…. landmark

of

abutting REQUIRED be prepared and

the file

an

file

nurnber

subject

ARROVV

following:

FOR

ever '

of

number

the

been

of

the

the

the

VARI ANC E

subject

~z €

application

under

MINOR

application

arnended

application

as

or

including

THE

between bridge

land

AT

these

features

from

THE

s of ns,

bar

the subjec t buildings, wetlands, applicant’ the

subject crossing.

location

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

of

OF the

on

railway

the

TOP

and artificial features land. include Examples or stream banks, barns,

lands.

i.e. distance as a such

the

NORTH

the

all natural of to the subject river ditches, Show distance

or

A

showing

and dimensions buildings.

MUST

submitted

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

The the

of

location

The

be

location of township

boundaries proposed

SKETCH

must

nearest

The

and

THE

SKETCH

i)

A

the

of

land has Variance).

give

subject

APPLICATION c, P.13 1990,

1/4/3//2,.‘/(4: L/~—/5'1o? /VI

give

subject (Minor

please

land is Consent.

the Act

or

FRONTENAC R.S.O. Act,

yes,

Q4,rv/LL,<H2«// ?u/L/J/A/A

the

OF

whether the subject Plan of Subdivision

application.

answer

I

indicate of a

please if known, under Section

of

the

the

if

Please approval

TOVVNSHIF’

Page 195 of 250

to application

application fee.

of

the

Conservation

site

proceedings

month

AT

THE

to

TOVVNSHIP

the

other

and

Township

or

and

shall

other

the

technical advisable

include

indemnify including or coui1

in

FOR

this

South

Minor

to

rnore

the fees advisors

further

to

OF

SOUTH

until

such

FRONTENAC

application proceeding in

the

that.

connection

or

attend

requests

with

or

have

been

complied

represented the application: be

at

t

wit h

exceed

un ici pa lit and request y an (over d fees and

as properly

and

all

expen sestrib un al expens es m the

for

Variance and, purpose

and

the

administrative

municipality fees any

for

Township

repr esen ting

NCE

TVTINOR VARIA

Frontenac

amended

of the property

of

INDEMNIFY

as

upon municipality, the to provide agrees a deposit Board, with Municipal the Ontario time charge any to the may, frorn hrrle municipality expenses such appeal the application. process to If municipality. the billed forthwith being by upon the difference days. 30 more overdue than on accounts annun1) per

necessary

professional

expenses

application.

and reirnburse the application. or Board any

consider

fees

further agrees process to obligation other adnwinistrative

pay (15%:

shall

which order

n1ay

to

TO

APPLICATION c. P.13 1990,

recorded information that representatives the onto enter subject development.

payable

AGREEMENT

FRONTENAC R.S.O. Act,

that the agrees

proposed

Such such

and

to

reasonably,

appealed

acting

foregoing, lawyers

in

Ovvner/Applicant/Agent no continuing count or or any

have

DATED

Board

will

The

Owner/Applicant of per 1 25%:

municipality

Ovvner/Applicant/Agent The been has application fee). from application

the

the

decision the

before

|ilTllUl’lQ engineers. discretion

Council’s

absolute application the

planners,

VVithDu(

defend

agrees

Authority. for the

agrees

a

is

cheque

SOUTH Planning

OF

process Ontario Municipal the to Support

Owner/Applicant/Agent The municipality by the incurred

appropriateness

appropriate

accurate.

The

this

Owner/Applicant/Agent The Owner/Applicant/Agent

Attached

the

TOVVNSI-HP

Page 196 of 250

Nature

address

appoint

shouid and phone

to

appear the full

this

act

—

on number

rnailing

in

the

Completing

your behalf should

section, address,

Minor

APPLICATION P.13 c.

1990,

FRONTENAC R.S.O. Act,

someone

be

must

to

All parts

this

of

the with

of

zoning planning

question

FOR

amended

the here

All

s e pos p tal ar at owne r’s e

in

VARIA NCE

variance

with

live

Form

WIINOR

if they complete

during appear

even

Variance

as

lvlunicipally maintained Roads: that residents maintain themselves that are generally property and

for

shared

roads (not

words, seeking or that

are

by

the but

can you a variance developing why

looked after driveways, private with others).

other you are the water, embankment. In

meet add

Township; lanes

further

not to

this

that

private provid e

to than within bui ldi ng the req uir on to an ed the from

and

completed. property

be

asking you are rather 25 m structure a of accessory an be

your staff.

on

must

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

You may be aware not for pre—consuItation in

acres:

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

line

mark.

mark,

—

and

come

area,

front

variance water water

depth, zoning:

you

lot

Current

when

Frontage,

to

Guide

SOUTH Planning

owners

A

OF

Land: Subject Description of the Townships. are same as the forrner If you the a. District: The Districts on your bill. 1029) tax beginning with long number roll number (the the are numbers or your district is 020 Bedford; if the 040030, O‘lO, Storri your district is050. are 060 or Loughborough: the numbers 070, if ngton are your district is numbers 080, Portland. ;bill |::. your check tax are and Lot Numbers: not sure, Concession if you has been not civic number c. Number: Your civic address if a Street blank. space are not or whether you Road/Street: This question applies of d. Name a public road. have surveyed, it will has been No: e. Reference Plan If your property surveyed, been has not on that more property one If your plan. parts or blank. appears on which with ‘1029’ beginning No: This is the number Roll f. submitting the application. before take time look it up to

authorization.

wish name,

may

You

persons

names of all address(es) the

The and

TOVVNSI-HP

Page 197 of 250

Parking

are

a

Structure: under

supply:

water

Water their

18

of

or

it.

from

in

a

In

lake.

most

uses: cases

For

If

are

you

the

—

eg,

are

not

take

answer

example,

you

on

must

structures

to

build

you

the

all complete dwelling, your

on

in

permit

screened

pan‘.

sure,

will

be

the

private

land

provide

of

proposing

possession

each a

you

has

fron1

dwelling,

new

can

sections please

land

only

NIINOR

property

to

your

the

well,

been

of

a

must

raise

but

used

best

for

some

property?

to

e,i n

involv ide ed,nc

res

depart ment.

deck,

be

as c o ns tr u ct

increase An an involve

building

waterfront

residential

estimate.

the

th is descri be

of

now,

access

VARIA NCE

property, systems.

add

the

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

and

question. this would porch

to

on septic development

garages,

ANYTHING

height cannot Committee to the to permission it clear that there

a

a

decks,

proposed ALL addition to

answer walls

did

Please with

other

an

planning additions,

words,

are If you includes

When buildings:

existing months?

existing

acquired:

Length years,

of

land

20)Date

19)Date

of

Development: anything include

of

basement

18)LJses would space.

a

17)Raising

This

Demolition: demolition All requires a proposed addition or increase instances, existing is not n1ade walls. clear of if this may although granted find are that, you actually do made not it because have you

—

of new construction: proposing to construct columns. in separate

structures: “yes”

1 8)

you

is

You deck

or

FOR

alnended

recreational

is

as

same be the to answer this question will currently and you are planning vacant, would be recreational section 10 “vacant in “residential” be

is

Description are information

the is

there

structures:

If

buildings

vacant

relevant

APPLICATION 1990, PA?» 4:.

only

business,

is

Proposed question

Uses: Generally, exarnple, the land use be described to 13 would in section

and

ANY

retail

question

FRONTENAC Act, R.S.O.

the

This

residential,

buildings of on property. your residence.

If there “yes”.

e.g.

Docking:

SOUTH Planning

Proposed but if. for then the described

froin

Description structure

is

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Page 198 of 250

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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0183-2023 Municipality:

Township of South Frontenac

Landowner:

Brian and Esther Reitzel

Location:

131A West Shore Lane

Roll #:

10290200401750900000

Application Description:

Minor Variance Application File No. PLZNA 2023 0074

Feature:

White Lake

Part Lot 12, Concession 3

Bedford

Relief from Township of South Frontenac Zoning By-law No. 2003-75 to allow for the proposed dwelling to be setback 20 metres, rather than the required 30 metres from the high-water mark of White Lake. The proposal also is seeking permission to increase lot coverage for the principal structure to 12.7%.

Natural Hazard policies of the PPS, Quinte Conservation Planning Act Review policy, and Ontario Regulation #319/09 Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 3.1 of the Provincial Policy Statement (PPS) (2020). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches, and unstable bedrock. Generally, the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with section 3.1 of the PPS.

Comments:

The subject lands lie within the regulated area of White Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). The existing dwelling on the property is located within the setback allowance (15 metres) of the 1:100-year flood plain of White Lake. As per the minor variance application, it is understood that the footprint of the new dwelling will be setback 24 metres from the seasonal high-water mark of the Lake and that the new attached deck will be located 20 metres from the seasonal high-water mark of the Lake. The proposed dwelling and deck will not encroach any closer to White Lake than the existing footprint of the current dwelling and attached deck which is consistent with Quinte Conservation regulation and policies [specifically, Section 5.13.1.c) and 5.13.3 of Watershed Regulations Policy Manual, dated January 2023]. As a result, staff have no concerns regarding the proposed reconstruction of the dwelling. It should be noted that, if the new dwelling necessitates an enlargement of the current sewage system, the proposed sewage system must meet a minimum of 15 metres from the 1:100-year flood plain of White Lake. These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. A permit from Quinte Conservation will be required for any excavation below grade (demolition of basement), and for the construction of the proposed new dwelling, in addition to any other development (construction / site grading / filling / excavation) within 30 metres of the 1:100-year flood plain of White Lake. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection Page 1 of 2

Page 206 of 250

zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Other Potential Municipal/Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant. Final Comments:

Quinte Conservation has no objection to the minor variance application as presented.

July 25, 2023 Date

Sam Carney Planning Technician

Page 2 of 2

Page 207 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Permission Application (S. 45(2) of Planning Act) Subject: PL-ZNA-2023-0074, Reitzel, 131A West Shore Lane, Bedford 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: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of White Lake. 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 0.146Ha (0.36Ac) in area with frontage on West Shore Lane and White Lake. The property is accessible by private lane (West Shore Lane) via White Lake Road. Existing development consists of a 1777sqft (165.1sqm) dwelling with attached deck and three accessory structures. The subject property is mostly flat, with a subtle change in elevation near the shoreline. The property contains several mature trees and vegetation growth. Finally, the subject property exists within an area characterized by similar waterfront residential development. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 208 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0074, Reitzel, 131A West Shore Lane, Bedford District

Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal noncomplying dwelling located within 30m of the highwater mark of White Lake. The existing 1282sqft (119.1sqm) dwelling with 495sqft (46sqm) attached deck is setback 78ft (23.8m) from the highwater mark of the lake. The existing dwelling is to be replaced with a 1355.5sqft (125.9sqm) one-storey dwelling with 744sqft (69.1sqm) attached deck. A majority of the proposed dwelling will be located within the footprint of the existing dwelling and will be setback slightly farther from White Lake. However, the applicants are seeking permission for the same setback value (78ft) to provide additional flexibility at the build stage. As such, the proposed dwelling will not encroach any farther from the highwater mark than the existing dwelling. Finally, the proposal would facilitate an increase in dwelling height from 13.1ft (4m) to 22ft (6.7m) and a 2.1% increase in lot coverage from 11.3% to 13.4%. Agency Comments Quinte Conservation staff, in a letter dated July 25, 2023, provided comments stating that they had no objection to approval of the application. They note that the proposed development is located within the area regulated by O. Reg 319/09. Therefore, the proposed dwelling will require a Quinte Conservation Permit. The sewage system on the subject property was installed under the assumption that the existing dwelling would be enlarged. As such, there are no concerns with capacity. Further, the sewage system is located appropriately from the proposed dwelling. For these reasons, Building Services were not circulated on the application. Public Comments Supportive comments were received from an adjacent property owner. Planning Analysis The property is zoned RLSW. Dwellings are a permitted use in the RLSW Zone. 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 holds legal non-complying status as it was constructed prior to the current Zoning By-law and is setback approximately 78ft (23.8m) from the highwater mark of White Lake. Through its powers under Section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 209 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0074, Reitzel, 131A West Shore Lane, Bedford District

The proposed enlargement would involve the existing 1777sqft (165.1sqm) dwelling (w/attached deck) being replaced with a 2099.5sqft (195sqm) dwelling (w/attached deck), a 322.5sqft (29.9sqm) increase in gross floor area. Further, the enlargement would facilitate an increase in dwelling height from 13.1ft (4m) to 22ft (6.7m) and a 2.1% increase in lot coverage from 11.3% to 13.4%. The proposed enlargement would not result in further encroachment within 30m of the highwater mark of White Lake and will be setback a minimum of 78ft (23.8m). Lot coverage of the existing dwelling is currently 11.3%. As such, the proposed increase to 13.4% is interpreted as a modest increase over existing conditions. This scale and density of development is not out of character for the neighbourhood and would not conflict with surrounding properties. Further, there will be considerable overlap in the footprint of the proposed building compared to the existing which will minimize the amount of site disturbance and vegetation removal. Given the irregular shape of the lot and the location of the existing sewage system (just beyond 5m to the rear of the dwelling) and accessory structures, there would be limited opportunity to construct the new dwelling in a compliant location. Maintaining existing vegetation within 30m of White Lake will assist in screening the development from adjacent properties and assist in mitigating visual impacts when viewed from the lake. Maintenance of a healthy shoreline buffer of native vegetation is recommended by way of development agreement registered on the title of the property.

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 application PL-ZNA-2023-0074 for 131A West Shore Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-complying dwelling on the subject property. The dwelling is permitted to be enlarged to 1355.5sqft (125.9sqm) with a 744sqft (69.1sqm) attached deck, and to be 22ft (6.7m) in height. The dwelling with attached deck may be setback a minimum of 78ft (23.8m) from the highwater mark of White Lake. The location and dimensions of the proposed dwelling must be generally

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

Page 210 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0074, Reitzel, 131A West Shore Lane, Bedford District

consistent with the application and with the applicant’s site sketch, submitted August 2, 2033, that will be attached to the Decision as Schedule ‘A”. 2. 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 White 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 are of the building envelope. 3. 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. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 211 of 250

Page 212 of 250

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Page 213 of 250

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June 29, 2023

File: MV/FRS/133/2023

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 Minor Variance PL-ZNA-2023-0064 (Cain) Pt Lot 3, Concession 12; 8270 Perth Road Bedford District, Township of South Frontenac Waterbody: Pollywog Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of a garage and bunkie on the subject property. The garage has not been constructed yet, however the bunkie was constructed without planning or permit approvals. The minor 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 17 metres to permit the construction of the bunkie. Staff note that based on observations taken on site, the bunkie is estimated to be located 12 – 13 metres from the highwater mark, rather than 17 metres as indicated on the application and supporting site plan. Provide relief from Section 8.3.2 of the Zoning By-law to permit the detached garage to be located 12.1 metres from the front lot line.

Site Description The subject property is located on the east side of Perth Road and the property has water frontage on Pollywog Lake. The topography of the site can be characterized as having a high and steep rock embankment adjacent to the lake, which levels out to a tableland where the development is proposed. There are young and mature trees interspersed throughout the lot. The property currently contains an existing dwelling, a garden shed, a wood shed, a bunkie, and some stairs down to the water. Staff visited the site on June 27, 2023. Page 1 of 3

Page 222 of 250

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. 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 Pollywog Lake. Natural Hazards / Ontario Regulation 148/06 Flooding: Cataraqui Conservation does not have floodplain mapping for Pollywog Lake. However, due to the difference in elevation between the highwater mark of Pollywog Lake and the top of bank, flooding is not expected to occur inland of the top of bank. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Therefore, the proposed garage and constructed bunkie are considered to be outside of any area of potential flood risk. Erosion: Section 5.8.2.b) of the Township’s 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. Cataraqui Conservation, in accordance with provincial technical standards, defines the extent of the erosion hazard associated with the shoreline of Pollywog Lake as the sum of an allowance for toe erosion (estimated to be 1 metre), a stable slope allowance of 1(h):1(v) for bedrock shorelines and a minimum erosion access allowance of 6 metres. Based on elevation mapping, aerial imagery, and observations taken on site, the rock embankment is roughly 9.5 metres high, therefore the erosion hazard would extend approximately 16.5 metres inland from the toe of slope (1 + 9.5 + 6). The constructed bunkie consists of a 12.34 square metre enclosed structure (including an enclosed, cantilevered second storey) and a 7.56 square metre wood platform. The platform is currently located about 3.18 metres from the top of bank, and the enclosed structure is about 4.7 metres from the top of bank. The top of bank is located about 9.5 metres inland from the toe of slope, therefore the bunkie falls within the extent of the erosion hazard. In order to comply with CRCA’s Guidelines for Implementing Ontario Regulation 148/06, the bunkie, including the attached platform, will need to be relocated or reconfigured so that it is located at least 7 metres from the top of bank. Alternatively, to remain in its current location, the platform could be removed and the enclosed structure could be reduced in size so that it is less than 10 square metres in area (including the cantilevered second storey), since CRCA does not regulate structures smaller than 10 square metres.

Page 223 of 250

Recommendation In summary, staff have no concerns with the proposed detached garage based on our consideration for natural hazard policies, however, since the constructed bunkie is located within the regulatory erosion hazard setback, staff do not support approval of this part of the minor variance application. We recommend deferral of application PL-ZNA-2023-0064 until the above-noted concerns (in bold text) are addressed to the satisfaction of Cataraqui Conservation. 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 Pollywog Lake or within 25.5 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the bunkie, however a permit will not be required for the proposed garage. Staff will follow-up with landowner(s) to provide more information about how the constructed bunkie can achieve compliance with 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:

Noah Perron, Planner, South Frontenac Don and Carol Cain, Applicants, via e-mail Hailey Esdon, Cataraqui Conservation Development Officer

Page 224 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2023-0083, Cain, 8270 Perth Road, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for an art studio/storage shed, 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: Waterfront Residential (RW) Zoning Relief Requested Section 5.8.2 – To permit an accessory structure to be setback 7m from the top of bank, whereas the Zoning By-law requires a minimum of 15m. Section 8.3.3 – To permit an accessory structure to be setback 17m from the highwater mark of a waterbody, whereas the Zoning By-law requires a minimum of 30m. Related Applications The subject property is subject to Minor Variance Application PL-ZNA-2023-0064 for a detached garage.

Discussion Property Description The subject property is a lot of record measuring at approximately 1.4ha in area with frontage on Perth Road and Pollywog Lake. The property contains an existing 177.4sqm (1909.5sqft) one-storey dwelling and three detached accessory structures. Regarding topography, the subject property is relatively flat around the area of the sewage system and the front of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 225 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0083, Cain, 8270 Perth Road, Bedford District

dwelling, before sloping down steeply towards the shoreline. The subject property is primarily forested, with the exception of cleared areas where the existing dwelling and driveway are situated. Finally, the surrounding area is characterized by similar rural residential, and waterfront residential developments. Summary of Proposal Through the submission of Minor Variance application PL-ZNA-2023-0064, it was discovered that the applicant had constructed an accessory structure (art studio/storage shed) without receiving the required planning and building approvals. This structure was reported to be 10.8sqm in size and is setback 3m from the top of bank and 13m from the highwater mark of Pollywog Lake. It was determined that the structure is actually 19.9sqm (214sqft), and consisted of a 12.34sqm enclosed structure and a 7.56sqm wood platform. The applicant is proposing to relocate the structure so that it would be setback 7m from the top of bank and 17m from the highwater mark of Pollywog Lake. As such, this proposal seeks relief from Zoning By-law No. 2003-75 to permit the art studio/storage shed to be setback less than 15m from the top of bank, and less than 30m from the highwater mark of a waterbody. Agency Comments Cataraqui Conservation staff, in a letter dated June 29, 2023, provided comment regarding the application. CRCA staff noted that the existing accessory structure was within the extent of the erosion hazard and would need to be relocated a minimum 7m from the top of bank to receive a permit under Ontario Regulation 148/06. The applicant was agreeable to this condition and has relocated the accessory structure to 7m from the top of bank. The 7m setback considers the 6m erosion access allowance, in addition to the 1m toe erosion allowance. The erosion access allowance is intended to ensure access to the site for emergencies and maintenance, and the toe erosion allowance reflects the possible erosion of the toe of the slope. Under these conditions, CRCA staff have no objection to the approval of the application. Further, the existing accessory structure will require a CRCA permit. 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? www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 226 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0083, Cain, 8270 Perth Road, Bedford District

The variance would recognize the proposed location of an art studio/storage shed that was constructed without the necessary planning and building approvals. The structure is 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 art studio/storage shed is accessory to the permitted residential use of the property. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands which may be subject to shoreline erosion hazard. This is typically addressed through a 15m setback from the top of bank, as required by the Zoning By-law. Cataraqui Conservation staff reviewed the proposal and concluded the accessory structure, located 3m from the top of bank, is within the extent of the erosion hazard. The proposed location was not supportable. However, they could support a minor variance for a minimum 7m setback from the top of bank and could issue a permit under O. Reg. 148/06. The 7m setback would ensure the accessory structure would be accessible for maintenance or in the case of emergency. Further, it would ensure the accessory structure is outside of the possible erosion area of the toe of the slope. As such, Township Planning staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. Section 5.2.7 of the Official Plan requires buildings and structures to be setback a minimum of 30m from the highwater mark of lakes and rivers. Vegetation within this area should be disturbed as little as possible and the soil mantle is also not to be altered. The purpose of these measures is to minimize environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining the natural appearance of shorelines. The proposed location is partially cleared of trees due to an existing walking path and rock outcropping. Therefore, minimal tree clearance would be required to accommodate the structure. Further, the structure is not built on a foundation, and will have minimal impact on the soil mantle. Regarding the potential influence of the structure on the surrounding area, existing tree cover would adequately screen the accessory structure from the lake. Also, the elevation of the proposed location relative to the lake would minimize any intrusive effects. 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 waterfront residential development and development in sensitive environmental areas. 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 re-located art studio/bunkie would comply with all requirements of the Zoning By-law except the minimum setback from the top of bank and highwater mark of a waterbody.

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

Page 227 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0083, Cain, 8270 Perth Road, Bedford District

Section 5.8.2 of the Zoning By-law states that no structures shall be located within 15m horizontal of the top of bank of a slope which is greater than 30% from horizontal. As described above, the accessory structure will be outside the extent of the erosion hazard. Sections 5.8.2 and 8.3.3 of the Zoning By-law require structures to be setback a minimum of 30m from the highwater mark of a waterbody. The purpose of this setback is to minimize environmental and visual impacts to the lake. Given the size of the accessory structure and its proposed use as an art studio/storage shed, a 17m setback is unlikely to deteriorate the environmental quality of Pollywog Lake. The primary use of the structure will be recreational in nature and will involve minimal storage of art supplies. Further, the existing tree coverage and elevation relative to the highwater mark will minimize any intrusive effects the accessory structure may have on the lake. Finally, as the proposed location would effectively limit risk to the structure from any potential shoreline erosion hazard, Planning staff are satisfied with a minimum setback of 17m from the highwater mark. As such, 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 relative to the lake is appropriate given the recreational use of the structure and would limit potential erosional hazard. Further, the elevation of the property relative to the lake and existing vegetation growth will effectively screen the accessory structure and minimize any intrusive effects. Finally, the proposed location will be setback far enough into the interior of the property so as to have no greater effect on the surrounding area as existing conditions. 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 land. It is anticipated that there will be no negative impact on surrounding properties as a result of allowing the proposed art studio/storage shed in the proposed location on the property.

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

Page 228 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0083, Cain, 8270 Perth Road, Bedford District

•

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-2023-0083 for 8270 Perth Road, subject to the following conditions.

The minor variance is for a 19.9sqm (214sqft) accessory structure. The minimum top of bank setback for the accessory structure is permitted to be 7m. Further, the minimum setback for this structure from the highwater mark of Pollywog Lake is permitted to be 17m. The location of the accessory structure must be generally consistent with the sketch submitted by the applicant on July 12, 2023.

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-2023-0083 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, MCIP RPP, Senior Planner

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

Page 229 of 250

Page 230 of 250

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FRONTENAC FI.S.O. Act,

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whether Planning

25

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TOWNSHIP

Page 238 of 250

Page 239 of 250

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depth,

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address,

section.

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your behalf should

the

APPLICATION c. P.13 1990,

on act number

FRONTENAC Ft.S.O. Act,

of the Subject Land: District: are same The Districts the the as former Townships. if you the roll number (the long number beginning with 1029) on your bill. tax 020 or your district is are O10, numbers 030, Bedford; if the 040— Loughborough; are numbers 080 district isO50, Storri or if the 070, your ngton numbers are district is Portland. 080, your ;bill and Lot Concession Numbers: are check your if you not sure, tax Street Number: Your civic address civic number has been not if a space blank. of Road/Street: Name This or whether you are question applies not road. a public Reference Plan No: property has been surveyed, it will have If your one or more on that has been surveyed, not parts plan. If your property blank. Roll No: This is the number beginning with ‘1029’ which appears on take time look it up before submitting to the application.

wish name,

all

Guide

SOUTH Planning

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

front

Nature variance water water

of

address(es)

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OF

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when

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e.

d.

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person’s authorization.

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TOWNSHIP

Page 240 of 250

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Demoli instances,

1 6)

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Date

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of

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only

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property

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development and

ANYTHING garages,

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in

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a

you

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on

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structures

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relevant

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FHONTENAC R.S.O. Act,

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ion:

of new proposing in separate

is

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supply:

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If there “yes”.

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Description

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Existing

water.

TOWNSHIP

Page 241 of 250

most

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have

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property? special a variance are a the seller owner, p will r you aware of o b there has been a If If variance granted yes: on the previous property, a number application and what the if known, details of the were. variance bl y SKETCH: We cannot stress enough the of a importance detailed, accurate, sketch. You do necessarily need not to contract with a professional to but sketches that are drawn do not to show dimensions scale, and not drawn neatly (PLEASE not USE RULER), A be not will accepted.

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SCREENEDPORCHAND DECK PLAN

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[“.–5%-]

COTT GE

Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0184-2023 Municipality:

Township of South Frontenac

Landowner / Agent:

Rick McCreary and Lois Tobin / West Edwards

Location:

42 Woodside Lane

Roll #:

10290200401150000000

Application Description:

Minor Variance Appl’n File No. PLZNA 2023 0087

Feature:

Thirty Island Lake

Part Lot 7, Concession 3

Bedford

Seeking permission under Section 45(2) of the Planning Act to enlarge the legal non-complying cottage setback approximately 4 metres from Thirty Island Lake. The applicant is proposing to build an 18.1 square metre screened-in room over a portion of the existing attached deck. The gross floor area of the cottage will be increased from 52.5 square metres to 70.6 square metres. The screened-in room will not encroach further towards the lake than the footprint of the existing cottage.

Natural Hazard policies of the PPS, Quinte Conservation Planning Act Review policy, and Ontario Regulation 319/09 Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 3.1 of the Provincial Policy Statement (PPS) (2020). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches, and unstable bedrock. Generally, the policies of the PPS direct development to areas outside of hazard lands. The existing cottage is located above the 1:100-year flood plain of Thirty Island Lake, and the proposed screened-in room will not encroach any closer to the hazard. As a result, staff are satisfied that the application as presented is consistent with section 3.1 of the PPS, and is consistent with Section 5.13.1.d) of Quinte Conservation Watershed Regulations Policy Manual, dated January 2023.

Comments:

The subject lands lie within the regulated area of Thirty Island Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to any development (construction / filling/ excavation/ site grading) within 30 metres of the 1:100-year flood plain of the lake. These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. A permit from Quinte Conservation will be required for the proposed screened-in room, as well as for the proposed decking and stairway access down to the water as illustrated within the site plan sketch provided with the application. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Page 1 of 2

Page 245 of 250

Other Potential Municipal/Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If the Township/Municipality requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant.

Final Comments:

Quinte Conservation has no objection to the minor variance application as presented. The application is consistent with Section 3.1 of the PPS, Quinte Conservation Regulation and policies. The proposed screened-in room does not encroach any closer to the water than the footprint of the existing cottage. A permit will be required for the proposed screened-in room, as well as the decking and stairway access down to the water as illustrated within the site plan sketch provided with the application. Staff kindly request a copy of the Committee of Adjustment’s decision for this application when it comes available.

July 27, 2023 Date

Sam Carney Planning Technician

Page 2 of 2

Page 246 of 250

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: August 10, 2023 Permission Application (S. 45(2) of Planning Act) Subject: PL-ZNA-2023-0087, McCreary, 42 Woodside Lane, Bedford 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: Limited Service Residential – Waterfront (RLSW) Permission 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 Thirty Island Lake. 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 0.37Ha (0.91Ac) in area with frontage on Woodside Lane and Thirty Island Lake. Access is via private lane (Woodside Lane) which cuts through the middle of the subject property. Existing development consists of a 565sqft (52.5sqm) seasonal dwelling with attached deck. The existing dwelling is setback approximately 13.4ft (4m) from the highwater mark of the lake, and the attached deck is setback 15.6ft (4.7m). Regarding topography, the subject property is situated within a slope www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 247 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0087, McCreary, 42 Woodside Lane, Bedford District

which levels out slightly near the shoreline of Thirty Island Lake. As a result of this slope, there is a raised staircase which provides access to the seasonal dwelling from Woodside Lane. The property contains several mature trees and vegetation growth. Finally, the subject property exists within an area characterized by similar waterfront residential development. Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling located within 30m of the highwater mark of Thirty Island Lake. The applicant is proposing to increase the gross floor area of the existing seasonal dwelling on the subject property. The proposed enlargement would involve constructing a screened-in room over a portion of the existing attached deck. The 195sqft (18.1sqm) proposed screenedin room would increase the gross floor area of the seasonal dwelling to 760sqft (70.6sqm) and would be setback 15.6ft (4.7m) from the highwater mark of Thirty Island Lake. The height of the proposed roof will be lower than the roof of the existing dwelling. Further, the overhang of the proposed roof will be less than that of the existing dwelling. Therefore, the proposed structure would not be greater in height, nor would it encroach further towards the lake, than the existing dwelling. Agency Comments Quinte Conservation staff, in a letter dated July 27, 2023, provided comments stating they had no objection to the approval of the application. Further, they identified that the proposed development is within the area regulated by O. Reg 319/09. Therefore, a Quinte Conservation permit will be required for the proposed screened-in room if it is approved by the Committee of Adjustment. 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 RLSW. The proposed attached screened-in room is accessory to the permitted residential use of the subject property. 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 holds legal non-conforming status as it was constructed prior to the current Zoning By-law and is setback approximately 13.4ft (4m) from the highwater mark, with the attached deck being setback 15.6ft (4.7m). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 248 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0087, McCreary, 42 Woodside Lane, Bedford District

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 consist of a 195sqft (18.1sqm) screened-in room built over a portion of the existing attached deck. The proposed screened-in room would maintain the setback of the deck and be no closer to the highwater mark than the existing seasonal dwelling. There are existing mature trees between the existing seasonal dwelling and Thirty Island Lake which effectively screen the structure. As such, the proposed screened-in room should have no greater impact on the surrounding area over the existing building condition. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming dwelling on the property as described in this report.

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 application PL-ZNA-2023-0087 for 42 Woodside Lane, 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 by a 195sqft (18.1sqm) screened-in room setback a minimum of 15.6ft (4.7m) from the highwater mark of Thirty Island Lake. The location and dimensions of the screened-in room must be consistent with the applicants’ site sketch 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. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 249 of 250

Township of South Frontenac Staff Report - PL-ZNA-2023-0087, McCreary, 42 Woodside Lane, Bedford District

b. Roof runoff will be directed away from the shoreline of Thirty Island 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. 3. 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. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 250 of 250

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Committee Of Adjustment - 10 Aug 2023 - Agenda

Document Text

of an application indicats whether the subject land IS subject 25.F|ease approvalof a Plan of Subd on or Consent.

AnthonyWlelemaker A.SC.T. CivilEngineering

AnthonyWlelemaker A.SC.T. CivilEngineering