Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: August 10, 2023 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee Of Adjustment August, 10, 2023
Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Doug Morey, Steve Pegrum (via Zoom), Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Staff: Christine Woods, Senior Planner, Noah Perron, Planner, Michael Kelly, Planning Intern, Kate Kaestner, Planning Clerk & Secretary-Treasurer 1
Call to Order
a)
Resolution. Resolution No. 2023-07-01 Moved by: Norm Roberts Seconded by: Kevin Fox That the August 10th, 2023 Township of South Frontenac Committee of Adjustment meeting is called to order at 7:01 p.m. Carried
2
Adoption of Agenda
a)
Resolution. Resolution No. 2023-07-02 Moved by: Kevin Fox Seconded by: Norm Roberts That the Committee of Adjustment adopts the Agenda for the August 20th, 2023 Committee of Adjustment meeting. Carried
3
Electronic Meeting Information
a)
The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.
b)
PowerPoint Presentation Staff has prepared a PowerPoint Presentation that
Minutes of Committee Of Adjustment August, 10, 2023 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. 4
Declaration of pecuniary interest
a)
None Declared.
5
Approval of Minutes – July 13, 2023
a)
Resolution. Resolution No. 2023-07-03 Moved by: Norm Roberts Seconded by: Kevin Fox That the Committee of Adjustment approves the minutes of the July 13th, 2023 Committee of Adjustment meeting. Carried
6
Consent Applications from a Previous Meetings: (if applicable)
a)
There are none.
7
New Consent Applications:
a)
There are none.
8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)
PL-ZNA-2023-0046 (Sheridan) Property Address: 144 Timmerman Road (Bedford District) Purpose and Effect of the Application: 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. Noah Perron, Planner, delivered his presentation to the Committee with a staff recommendation that the application be Deferred. Chair Ruttan inquired as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard) Chair Ruttan inquired a 2nd time as to whether the Applicant, Agent or members of the public wished to speak to the application. Sandra Frost, adjacent neighbour to the Applicant inquired as to whether the entire subject property would be re-surveyed. Mr. Perron stated that he had spoken with the applicant and it was strongly recommended that he have an Ontario Land Surveyor confirm all property line boundaries as well as have them prepare a sketch of the proposed garage location. Chair Ruttan inquired a 3rd and final time as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard).
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Minutes of Committee Of Adjustment August, 10, 2023 Chair Ruttan inquired as to whether the Committee Members had any questions or comments regarding the application. (None heard). Point of Order: Norm Roberts wished to add to the record that the reason he was exempt from voting on this application was due to being absent at the Committee of Adjustment meeting at which the application was originally presented, being the June 8, 2023 meeting.
Resolution No. 2023-07-04 Moved by: Kevin Fox Seconded by: Brett Moreland That the Committee of Adjustment defers Minor Variance application PL-ZNA2023-0046 for property municipally known as 144 Timmerman Road to allow the applicant time to have the lands surveyed by an Ontario Land Surveyor, and to submit a new sketch which accurately depicts the proposed location of the structure. Carried 9
New Minor Variance / Permission Applications:
a)
PL-ZNA-2023-0062 (Roach) 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. Michael Kelly, Planning Intern, delivered his report to the Committee. 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. (None heard).
Resolution No. 2023-07-05 Moved by: Norm Roberts Seconded by: Kevin Fox That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0062 for property on Linea Drive to permit a single detached dwelling to establish a minimum front yard setback of 10 metres, subject to conditions. Carried b)
PL-ZNA-2023-0063 (Duncan) 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
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Minutes of Committee Of Adjustment August, 10, 2023 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. Michael Kelly, Planning Intern, delivered his report to the Committee with the 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 Members of the Committee wished to speak to the application. Alan Revill expressed his support of the application and stated that the proposal was the best balance between the highwater and lane setbacks. Chair Ruttan reiterated Mr. Revill’s comments and expressed his support for the application. Chair Ruttan inquired as to whether any other Members wished to comment on the application (none heard). Resolution No. 2023-07-06 Moved by: Brett Moreland Seconded by: Doug Morey That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0063 for property municipally known as 421 Stafford Lane to permit a seasonal dwelling to be constructed 24 metres from the highwater mark of Little Cranberry Lake, subject to conditions. Carried c)
PL-ZNA-2023-0064 (Cain) 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. Noah Perron, Planner delivers his report to the Committee with a recommendation of Approval. Chair Ruttan inquired as to whether there were any comments from the Applicant, their Agent or the public regarding the application. Leonard Carr, neighbour, voiced his support for the application. Chair Ruttan inquired (2 more times) as to whether there were any comments from the Applicant, their Agent or the public regarding the application. (None heard). Chair Ruttan asked whether any Committee Members wished to comment on the application. (None heard).
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Minutes of Committee Of Adjustment August, 10, 2023 Resolution No. 2023-07-07 Moved by: Brett Moreland Seconded by: Doug Morey That the Committee of Adjustment approves Minor Variance Application PL-ZNA2023-0064 for property municipally known as 8270 Perth Road to permit an accessory structure to be setback 12.1 metres from the front lot line, subject to conditions. Carried d)
PL-ZNA-2023-0083 (Cain) Property Address: 8270 Perth Road (Bedford District) Purpose and Effect of the Application: 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. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of Approval Chair Ruttan inquired (3 times) as to whether there were any comments from the Applicant, their Agent or members of the public. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from Committee Members with respect to the application. Alan Revill expressed that he has visited the subject property and that the property owner has already moved the structure further away from the top of bank, and as such he was comfortable with the application being approved. Doug Morey inquired as to the chances or likelihood of this owner or a future owner changing the use of the accessory structure to a sleeping cabin, granny suite, or a short-term rental. Christine Woods, Senior Planner, reminded the Committee that the Variance being requested related only to the location of the structure, not how the structure is to be used. Mr. Morey stated that through the Committee as well as through Council, he is seeing more and more changes to the uses of accessory structures, and as such future uses should be considered. Mr. Revill stated that he does note that the specific size of the structure is included in the application and as such, they would not be able to increase the size of the structure to accommodate another use without further permission from the Township. Chair Ruttan further clarified that the Committee is not in a position to dictate the use of the proposed structure(s), and acknowledged that through Council, they are dealing with the concern of short-term rentals. Resolution No. 2023-07-08
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Minutes of Committee Of Adjustment August, 10, 2023 Moved by: Mike Howe Seconded by: Alan Revill That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0083 for property municipally known as 8270 Perth Road to permit an accessory structure, being an art studio and storage shed to be setback a minimum of 7 metres from the top of bank and 17 metres from the highwater mark of Pollywog Lake, subject to conditions. Carried e)
PL-ZNA-2023-0074 (Reitzel) 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. Noah Perron, Planner, delivered his presentation 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 the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application (None heard).
Resolution No. 2023-07-09 Moved by: Alan Revill Seconded by : Mike Howe That Application PL-ZNA-2023-0074 for property municipally known as 131A West Shore Lane is approved to grant permission to enlarge a legal nonconforming dwelling on the subject property within 30 metres of the highwater mark of White Lake, subject to conditions. Carried f)
PL-ZNA-2023-0087 (McCreary) 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. Noah Perron, Planner, delivered his 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 the application. (None heard).
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Minutes of Committee Of Adjustment August, 10, 2023 Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application. Resolution No. 2023-07-010 Moved by: Mike Howe Seconded by: Alan Revill That Application PL-ZNA-2023-0087 for property municipally known as 42 Woodside Lane, is approved to grant permission to enlarge a legal nonconforming dwelling on the subject property within 30 metres of the highwater mark of Thirty Island Lake, subject to conditions. Carried 10
Other Business
a)
There is none.
11
Adjournment
a)
Resolution. Resolution No. 2023-07-011 Moved by: Alan Revill Seconded by: Mike Howe That the August 10th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:54 p.m., to reconvene on Thursday, September 14th, 2023 at 7:00 pm or at the call of the Chair. Carried
Randy Ruttan, Chair
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