Committee Of Adjustment - 10 Dec 2020 - Agenda

Published December 10, 2020

Word Count 25071 words

Reading Time 118 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: December 10, 2020 Collection: Council Agendas Municipality: South Frontenac

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Document Text

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

7:00 PM, Thursday, December 10, 2020 Virtual via Zoom.

Call to Order

Resolution

Virtual 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.

During the Committee of Adjustment meeting staff will be following a PowerPoint Presentation, this presentation will be live-streamed on Facebook at the above noted link, but can also be viewed in the attached document.

4 - 86

Adoption of Agenda

Resolution

Declaration of pecuniary interest

Approval of Minutes – November 12, 2020

Resolution

Previous Minor Variance Applications

MV-39-20-L (Strickland) Location: Part of Lot 22 and 23, Concession 12, being Parts 8 – 10 on Plan 13R14860, District of Loughborough, Township of South Frontenac, municipally known as 92B Kismet Lane, Buck Lake. Purpose of Application: To vary sections 7.3.2 and 5.8.2 a) and b) of the Zoning By-law to permit an accessory building (shed) with a minimum 10 metre (33 foot) front yard setback and setback from the high water mark of Buck Lake, whereas the Zoning By-law requires a 30 metre (98.4 feet) from the high water mark and a to also vary the minimum 15 metre (49.2 feet) horizontal of the top of bank of any embankment.

87 103

MV-40-20-L (Vanderhaar) Location: Part of Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, 1229 Twin Island Lane, Buck Lake Purpose of Application: To vary section 10.3.1 of the Zoning Bylaw to permit a seasonal dwelling with an attached deck and screened porch with a minimum 7.5 metre (24.6 foot) rear yard depth, and to allow a maximum 6.6% lot coverage for the principal

104 130

Page 1 of 210

building. c)

MV-41-20-L (McLachlan) Location: Part of Lots 10 and 11, Concession 6, District of Loughborough, Township of South Frontenac, being Parts 1, 2 and 3 on Plan 13R20492, Kennedy Island, Sydenham Lake Purpose of Application: To vary sections 5.8.2 a) and 11.3.1 of the Zoning By-law to permit a seasonal dwelling with a minimum 27 metre (88.6 foot) front yard depth and setback from the high water mark of Sydenham Lake, measured to the western shoreline. Also, to vary section 11.3.1 to permit the same seasonal dwelling with a minimum 19.4 metre (63.6 foot) setback from the floodline of Sydenham Lake, measured to the east.

131 151

New Minor Variance Applications:

MV-45-20-L (Kelsey) Location: Lot 7, Concession 5, District of Loughborough, Township of South Frontenac, being Part 1 on Plan 13R4354 and Part 1 and 3 on Plan 13R5712, municipally known as 1073 Carslake Lane, Sydenham Lake. Purpose of Application: To vary section 10.3.1 and 5.8.2a) of the Zoning By-law to permit the construction of an addition to the rear of an existing dwelling with the addition being located 23.5 metres (77 feet) from the front yard and the high water mark of Sydenham Lake.

152 171

MV-46-20-S (Robinson) (Caldas) Location: Lot 21 Concession 5 being on Plan FVLCP 76 Level 1 Unit 15, District of Storrington, Township of South Frontenac, municipally known as 1096 Applewood Lane, Loughborough lake. Purpose of Application: To vary section 5.24.2 of the Township of South Frontenac Comprehensive Zoning By-Law to permit an accessory building, being a detached garage in the projected front yard of a property located in the RLSW-101 Special Limited Service Residential Waterfront zone.

172 189

MV-47-20-B (Orr) Location: Lot 6, Concession 3, District of Bedford, Township of South Frontenac, being Part 1, 2 and 3 on Plan 13R8565, municipally known as 111 Second Heaven Lane, Thirty Island Lake. Purpose of Application: To vary section 10.3.1 and 5.8.2a) of the Zoning By-law to permit the construction of a seasonal dwelling with attached screen porch and deck located 16.8 metres (55 feet) and 14.3 metres (47 feet) respectively from the front yard and the high water mark of Thirty Island Lake.

190 206

Other Business

Report to Committee of Adjustment - Decisions on Delegated Consents

Discussion with respect to the Provincial Government and changing the Conservation Authorities Roll.

Adjournment

Resolution

207 210

Page 2 of 210

Page 3 of 210

Township of South Frontenac Committee of Adjustment Meeting Thursday, December 10, 2020 7:00 p.m. Council Chambers Virtual Meeting 4432 George Street, Sydenham, ON Page 4 of 210

Welcome to 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 are muted on our end and your cameras will not be turned on. Committee Members • Alan Revill (Chair of the Committee)

• Norm Roberts • Mike Nolan • Ray Leonard

Township Staff • Anna Geladi (Planner) • Claire Dodds (Director) • Christine Woods (Senior Planner) • Michelle Hannah (Planning Assistant & Secretary Treasurer)

• Mike Howe • Tom Bruce Page 5 of 210

• Ken Gee

• Randy Ruttan 2

Format for the Meeting

The Chair will introduce the file
The Planner will provide an overview of the application
Comments from:

Committee Members
Applicant / Agent
Members of the Public

The Committee will then deliberate and vote on the application
The Chair will state whether the vote was carried Page 6 of 210

Appeal Rights • If a person or public body does not make oral submissions at the meeting or make written submissions to the Township of South Frontenac before a decision is made, the person or public body is not entitled to appeal the decision. • The applicant, the Minister, or any other person or public body who has an interest in the matter may within 20 days of making the decision or date of notice appeal to the Local Planning Appeal Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the Committee a notice of appeal. • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, the decision will be forwarded to the applicant and anyone who has requested to be notified within 15 days of this meeting. • If you have any questions after the meeting, please reach out to staff. Page 7 of 210

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 calling in 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

Page 8 of 210

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect. • If the meeting cannot be restored 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 letting you know.

Page 9 of 210

Agenda • Call to Order

• Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Previously Deferred Minor Variance Applications • New Minor Variance Applications • Other Business • Adjournment Page 10 of 210

Previously Deferred Minor Variance Applications

Page 11 of 210

MV-39-20-L Strickland

Page 12 of 210

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 13 of 210

File: MV-39-20-L

Applicant: Peter Strickland Location of Property: 92B Kismet Lane, Buck Lake, Loughborough District OP Designation: Rural

Zoning: Rural

Page 14 of 210

File: MV-39-20-L

Proposal • Permit an accessory building (shed) 10 metres from the highwater mark and 10 metres from top of bank

Relief Requested • Highwater mark setback • Top of bank setback Page 15 of 210

File: MV-39-20-L

Page 16 of 210

File: MV-39-20-L

Page 17 of 210

Proposed location of shed 14

File: MV-39-20-L

Department, Agency and Public Comments Public Services Department – Not circulated due to the nature of the application. KFL&A Public Health – Not circulated due to the nature of the application. Cataraqui Conservation – No objection to the approval of the minor variance. • Recommend that roof runoff be directed away from the lake and that the area between the development and the lake be maintained as a vegetated buffer.

Page 18 of 210

Ministry of Environment, Conservation and Parks – Not circulated due to the nature of the application. Public Comments – No written comments have been received from the public.

File: MV-39-20-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 19 of 210

Application: MV-39-20-L Owner: Peter Strickland Location of Property: 92B Kismet Lane, Buck Lake, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-39-20-L, subject to conditions.

Proposed Conditions • The Minor Variance is approved in accordance with plans submitted • A building permit must be obtained for all demolition and construction Page 20 of 210

• MV-39-20-L is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws 17

Comments & Questions

Committee Members
Applicant / Agent
Members of the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen

• If you are calling in by phone, please dial *9 (star nine) Page 21 of 210

Please wait to speak until you hear your name and your microphone has been unmuted. 18

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 22 of 210

MV-40-20-L Vanderhaar

Page 23 of 210

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 24 of 210

File: MV-40-20-L

Applicants: Brad and Amanda Vanderhaar Location of Property: 1229 Twin Island Lane, Buck Lake OP Designation: Rural Zoning: Limited Service Residential Waterfront

Subject Property

Page 25 of 210

File: MV-40-20-L

Proposal • Construct a seasonal dwelling with a walkout basement and an attached deck and screened porch • Install a sewage system

Relief Requested • rear yard depth • lot coverage Page 26 of 210

File: MV-40-20-L

Page 27 of 210

Proposed location of dwelling relative to Twin Island Lane 24

File: MV-40-20-L

Department, Agency and Public Comments Public Services Department: Not circulated as the subject property is located on a private lane Building Department: No objection KFL&A Public Health: No objection

Cataraqui Conservation: No objection. They were satisfied with the efforts to reduce the building footprint. A permit will be required under O. Reg. 148/06. Ministry of Environment, Conservation and Parks: No objection. They support efforts to lighten footprint and potential environmental impacts. Page 28 of 210

Public Comments: No written comments received

File: MV-40-20-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 29 of 210

Application: MV-40-20-L Owner: Brad and Amanda Vanderhaar Location of Property: 1229 Twin Island Lane

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-40-20-L, subject to conditions.

Proposed Conditions • The Minor Variance is approved in accordance with plans submitted • A site plan agreement will be required to be registered on title • A building permit must be obtained for all demolition and construction Page 30 of 210

• MV-40-20-L is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws 27

Comments & Questions

Committee Members
Applicant / Agent
Members of the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen

• If you are calling in by phone, please dial *9 (star nine) Page 31 of 210

Please wait to speak until you hear your name and your microphone has been unmuted. 28

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 32 of 210

MV-41-20-L McLachlan

Page 33 of 210

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 34 of 210

File: MV-41-20-L

Applicant: Michael McLachlan Location of Property: Kennedy Island, Sydenham Lake OP Designation: Rural Zoning: Limited Service Residential Island

Subject property

Page 35 of 210

File: MV-41-20-L

Proposal • Construct a seasonal dwelling with no plumbing

Relief Requested • Front yard depth • Highwater mark setback • Floodline setback

Page 36 of 210

File: MV-41-20-L

Page 37 of 210

File: MV-41-20-L

Page 38 of 210

Photo 1 - Standing approximately 15 metres from floodline of inlet looking toward southeast corner of building location

File: MV-41-20-L

Page 39 of 210

Photo 2 - Standing approximately 15 metres from floodline of inlet looking toward the inlet, east of the building location

File: MV-41-20-L

Page 40 of 210

Photo 3 - Standing on the east side of the inlet, with the inlet in the middle of the photo between two ridges, and building location in the background. The inlet in this location is a treed swamp. 37

File: MV-41-20-L

Page 41 of 210

Photo 5 - Looking towards the shoreline between the two inlets 38

File: MV-41-20-L

Page 42 of 210

Photo 6 - Looking inwards from the location of photo 5 to a dense scrubland/successional forest. There is evidence that this area had been cleared of trees at one time.

File: MV-41-20-L

Page 43 of 210

Photos 7 and 8 - A mica exploration trench 40

File: MV-41-20-L

Page 44 of 210

Photo 12 - Looking into the second inlet towards the lake (at the east end of the island) 41

File: MV-41-20-L

Page 45 of 210

Photo 13 - Standing at the northeast end of the island looking toward the long, narrow peninsula and an existing houseboat

File: MV-41-20-L

Page 46 of 210

Photos 14 and 15 - The proposed building location at the southwest corner of the island 43

File: MV-41-20-L

Page 47 of 210

Photo 16 - The proposed building location viewed from the water on the west side of the island

File: MV-41-20-L

Page 48 of 210

Photo 17 - The proposed building location viewed from the water on the west side of the island

File: MV-41-20-L

Department, Agency and Public Comments Building Department: No objection KFL&A Public Health: Not circulated as dwelling does not require a sewage system Cataraqui Conservation: No objection. They recommended the EIA recommendations be follow through site plan control or a development agreement. Public Comments: No written comments received

Page 49 of 210

File: MV-41-20-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 50 of 210

Application: MV-41-20-L Owner: Michael McLachlan Location of Property: Kennedy Island, Sydenham Lake

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-41-20-L, subject to conditions.

Proposed Conditions • The Minor Variance is approved in accordance with plans submitted • A development agreement will be required to be registered on title • A building permit must be obtained for all demolition and construction Page 51 of 210

• MV-41-20-L is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws 48

Comments & Questions

Committee Members
Applicant / Agent
Members of the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen

• If you are calling in by phone, please dial *9 (star nine) Page 52 of 210

Please wait to speak until you hear your name and your microphone has been unmuted. 49

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 53 of 210

New Minor Variance Applications

Page 54 of 210

MV-45-20-L Kelsey

Page 55 of 210

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 56 of 210

File: MV-45-20-L

Applicant: Laura Kelsey Location of Property: 1073 Carslake Lane, Sydenham Lake OP Designation: Rural Zoning: Limited Service Residential Waterfront Zone (RLSW)

Page 57 of 210

File: MV-45-20-L

Proposal • Permit an addition within the required 30 metre setback from the highwater of Sydenham Lake. Proposed addition

Relief Requested • Highwater mark setback

Page 58 of 210

File: MV-45-20-L

1 2

Page 59 of 210

File: MV-45-20-L

Page 60 of 210

West side – view from front left side of house

East side – view from back right of house

Proposed location of addition 57

File: MV-45-20-L

Department, Agency and Public Comments Public Services Department – Not circulated due to the nature of the application. Building Department (Sewage System Review) – A performance review of the existing septic system is not necessary as part of the minor variance application. This review will be completed at the building permit stage. Cataraqui Conservation – No objection to the approval of the minor variance. • Staff recommended that roof runoff be directed away from the shoreline to prevent erosion and to protect the water quality of Sydenham Lake. Page 61 of 210

Public Comments – No written comments have been received from the public. 58

File: MV-45-20-L

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 62 of 210

Application: MV-45-20-L Owner: Laura Kelsey Location of Property: 1073 Carslake Lane, Sydenham Lake, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-45-20-L, subject to conditions.

Proposed Conditions • The Minor Variance is approved in accordance with plans submitted • A building permit must be obtained for all demolition and construction • The applicant is required to enter into a Development Agreement Page 63 of 210

• MV-45-20-L is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws 60

Comments & Questions

Committee Members
Applicant / Agent
Members of the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen

• If you are calling in by phone, please dial *9 (star nine) Page 64 of 210

Please wait to speak until you hear your name and your microphone has been unmuted. 61

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 65 of 210

MV-46-20-S (Robinson) (Caldas)

Page 66 of 210

Recommendation: Approval • pending comments received from the public • subject to conditions

Page 67 of 210

File: MV-46-20-S

Applicant: Matthew Robinson Agent: Tiago Cladas Location of Property: 1096 Applewood Lane, Loughborough Lake OP Designation: Rural Zoning: Limited Services Residential Waterfront – Special Provision 101 (RLSW-101) Page 68 of 210

File: MV-46-20-S

Proposal • To permit an accessory building (detached garage) within the projected front yard

Relief Requested • Accessory building in the projected front yard Page 69 of 210

File: MV-46-20-S

Loughborough Lake

Page 70 of 210

File: MV-46-20-S

Page 71 of 210

Proposed location of garage 68

File: MV-46-20-S

Department, Agency and Public Comments Public Services Department – Not circulated as the subject property is located on a private lane. Building Department (Sewage System Review) – No objections to the proposed location of the detached garage with respect to clearances from the existing sewage system. Cataraqui Conservation – Not required to be circulated due to the nature of the application. • A permit under O. Reg. 148/06 will be required since the garage is located within 120 metres of a wetland.

Page 72 of 210

Public Comments – No comments in writing have been received from the public.

File: MV-46-20-S

The Application meets the Four Tests of a Minor Variance under the Planning Act

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75
Is desirable for the appropriate development of the lands in question
Is minor

Page 73 of 210

Application: MV-46-20-S Owner: Matthew Robinson Agent: Tiago Caldas Location of Property: 1096 Applewood Lane, Loughborough Lake

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-46-20-S, subject to conditions.

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted • A building permit must be obtained for all demolition and construction Page 74 of 210

• MV-46-20-S is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws 71

Comments & Questions

Committee Members
Applicant / Agent
Members of the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen

• If you are calling in by phone, please dial *9 (star nine) Page 75 of 210

Please wait to speak until you hear your name and your microphone has been unmuted. 72

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 76 of 210

MV-47-20-B Orr Page 77 of 210

Recommendation: Deferral • Provide additional time for the applicant to survey the 1:100 year floodplain as per Quinte Conservation comments

Page 78 of 210

File: MV-47-20-B

Applicant: Ralph Orr Location of Property: 111 Second Heaven Lane, District of Loughborough, Thirty Island Lake OP Designation: Rural Zoning: Limited Service Residential Waterfront (RLSW)

Page 79 of 210

File: MV-47-20-B

Proposal • To permit a seasonal dwelling with a waterside deck, screened in porch and a lane side deck within the required 30 metre setback from the highwater mark

Relief Requested • Highwater mark setback Page 80 of 210

File: MV-47-20-B

Department, Agency and Public Comments Quinte Conservation

Quinte Conservation Staff are requesting a deferral until the 1:100 year floodplain can be surveyed and a new drawing submitted showing the floodplain and that the new proposed development canmeet Quinte Conservation’s 15 metre development setback from the floodplain.

Building Department (Sewage System Review)

The Building Department provided comments on November 27th stating that the proposal will not reduce the performance level of the existing sewage system. Page 81 of 210

Application: MV-47-20-B Owner: Ralph Orr Location of Property: 111 Second Heaven Lane, District of Loughborough, Thirty Island Lake

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, defer making a decision on application MV-47-20-B to provide additional time for the applicant to survey the 1:100 year floodplain as per Quinte Conservation comments.

Page 82 of 210

Resolution & Voting

Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 83 of 210

Other Business

Consents approved by Consent Granting Authority

Page 84 of 210

• S-22-20-P (Vankoughnett) • S-23-20-P (Vankoughnett) • S-24-20-P (Vankoughnett) • S-25-20-L (McLaren) • S-31-20-S (Mackay) • S-32-20-S (Mackay) • S-33-20-P (Vandenberg) • S-34-20-P (Vandenberg) • S-35-20-L (Rice) • S-36-20-L (Rice) • S-38-20-P (Groenewegen) (Babcock) 81

Other Business

Discussion with respect to the Provincial Government and changing the Conservation Authorities roll in planning matters.

Page 85 of 210

Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

Page 86 of 210

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Page 94 of 210

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Page 95 of 210

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Page 96 of 210

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November 27, 2020

File: MV/FRS/229/2020

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

Application for Minor Variance MV-39-20-S (Strickland) Part Lots 22, 23, Concession 12; 92B Kismet Lane Loughborough District, Township of South Frontenac Waterbody: North Branch, Buck Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The property was visited on November 26, 2020. Summary of Proposal The proposal involves the construction of a storage shed 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 10 metres in order to permit the construction of a storage shed. Site Description The property is located on the east side of the north branch of Buck Lake. The topography of the site can be characterized as having a 4 metre high rock bank adjacent to the lake with a relatively flat plateau area between the top of bank and the toe of a steep cliff where the shed is proposed to be located. The property is currently designated ‘Rural’ in the Official Plan and in the Zoning By-law for South Frontenac Township. Buck Lake has been designated as a highly sensitive Lake Trout Lake in the Official Plan for South Frontenac Township. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the water quality of Buck Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain mapping for Buck Lake. The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For Buck 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) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data, the proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance of 1 (vertical):1 (horizontal), plus an erosion access allowance of 6 metres, for a total of 10 metres. Staff note that the proposed development is will be located outside of the erosion hazard allowance. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s Environmental Planning Policy (April 2015) contains provisions that seek to support these objectives. Also, as noted above, Buck Lake is identified as a highly sensitive Lake Trout Lake, and as such, the waterbody is afforded additional protection to ensure development does not negatively impact the water quality of the lake. Section 5.2.8 of the Official Plan suggests all development or site alterations proposed within 30 metres of the highwater Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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mark of a designated Lake Trout Lake requires the submission of an Environmental Impact Assessment (EIA) and that a Lake Impact Assessment may also be required. In the opinion of staff, the development proposal is located in a reasonable location and the scale of the development is very minor in nature (i.e. not requiring a building permit or a Cataraqui Conservation permit under Ontario Regulation 148/06). Therefore, staff are not convinced that an EIA or Lake Impact Assessment are required in this instance. If approved, staff recommend that roof runoff be directed away from the lake, and that the area between the development and the lake be maintained as a vegetated buffer. Recommendation Staff have no objection to the approval of application MV-39-20-S based on our consideration for natural hazard, natural heritage and water quality policies. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact the undersigned at (613) 546-4228 extension 244 or by e-mail at aschmidt@crca.ca. Yours truly,

Andrew Schmidt

Andrew Schmidt Supervisor, Development Review /as c.c.

Michelle Hannah, South Frontenac Township (via e-mail) Peter Strickland, applicant (via e-mail)

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

December 4, 2020

Application No: Owner: Location of Property:

MV-39-20-L Peter Strickland Part of Lot 22 and 23, Concession 12, District of Loughborough, Township of South Frontenac, being Parts 8 – 10 on Plan 13R14860, municipally known as 92B Kismet Lane, Buck Lake Purpose of Application: To vary Sections 5.8.2(a) and 5.8.2(b) of Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: December 10, 2020

Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

_ zoning relief for construction of a new structure zoning relief for replacement of an existing structure zoning relief for other

Official Plan Designation: Rural Zoning: Rural (RU)

Zoning Relief Requested:

Section 5.8.2a) and 5.8.2b): Flooding Relief: To permit an accessory building (shed) with a and Shoreline Erosion Hazards minimum highwater mark setback and top of bank setback of 10 metres (32.8 feet) whereas the By-law requires a 30 metre (98.4 foot) setback from the highwater mark and a 15 metre (49.2 foot setback horizontal of the top of bank for all buildings and structures.

Review: This application was previously deferred at the November 12, 2020 Committee of Adjustment meeting to provide additional time for Cataraqui Conservation staff to review the proposal and to provide comments. This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains the general intent and purpose of the County of Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 200375;  Is desirable for the appropriate development of the lands in question; and  Is minor.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance was received to permit an accessory building (shed) within the required 30 metre setback from the highwater mark of Buck Lake and within the required 15 metre setback from the top of bank. The subject property is located on Kismet Lane, off Perth Road, and has water frontage on Buck Lake which is an at-capacity Lake Trout Lake. Based on the Zoning By-law definitions the shed is located in the rear yard for the property. Accessory buildings are permitted in the rear yard. In this situation, the rear yard happens to be the water side as the subject property has frontage on Perth Road. The subject property contains an existing dwelling and shed, both located 63 metres (207 feet) from the highwater mark. The subject property can be characterized as having a steep cliff and challenging rocky topography. The proposed shed will be 2.4 x 3.7 metres (8 x 12 feet) being a total of 9 square metres (96 square feet) in size. The shed will be set back 10 metres (32.8 feet) from the highwater mark of Buck Lake and 10 metres (32.8 feet) from the top of bank. The shed will be located on a flat area between the top of bank adjacent to the lake and the bottom of a steep cliff. The proposed shed is for storage purposes.

Department, Agency and Public Comments Public Services Department – Public Services was not circulated due to the nature of the application. Building Department – The Building Department was not circulated as the proposed structure is less than 100 square feet in size and would not require a building permit. KFL&A Public Health – KFL&A Public Health was not circulated due to the nature of the application. Cataraqui Conservation – Comments received from Cataraqui Conservation on November 27, 2020 indicate that Cataraqui Conservation staff have no objection to the approval of the minor variance. Staff recommend that roof runoff be directed away from the lake and that the area between the development and the lake be maintained as a vegetated buffer. Staff Response: The recommendations would typically be carried out through a development agreement. A development agreement will not be required for this application due to the nature and size of the proposal. Ministry of Environment, Conservation and Parks – The Ministry of Environment, Conservation and Parks indicated on October 23, 2020 via a telephone conversation that staff did not require to comment due to the nature of the application. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

Does the variance maintain the general intent and purpose of the Official Plan? Yes, the proposed variance maintains the general intent and purpose of the Official Plan, specifically policies on rural residential development and environmentally sensitive areas, and development within 300 meters of an at-capacity Lake Trout Lake. 

The proposed accessory building (shed) is consistent with the residential use of the property. At-capacity Lake Trout Lake policies for lots of record generally require a 30 metre setback from the highwater mark and the submission of an Environmental Impact Assessment if development is within the 30 metre setback from the at-capacity Lake Trout Lake. Per section 5.2.11, it was determined in consultation with Cataraqui Conservation that an Environmental Impact Assessment was not required for the proposed shed due to its size and topography of the location.

Does the variance maintain the general intent and purpose of the Zoning By-law? Yes, the variance maintains the general intent and purpose of the Zoning By-law as the shed is a permitted accessory use on the subject property. The location of the shed complies with the setback requirements of the Rural zone, with the exception that it is closer to the highwater mark and top of bank than permitted. The proposed building is in a reasonable location for its purpose. The shed will be located on the only flat plateau between the top of bank and the bottom of a steep cliff. The existing single detached dwelling and septic system achieve the 30 metre highwater mark setback.
Is the requested variance desirable for the appropriate development of the land, building or structure in question? Yes. The shed is in a reasonable location for its purpose. The shed will be located on the only plateau between the top of bank and the bottom of a steep cliff. The shed is accessory to the existing single detached dwelling and it is located a suitable distance from the water due to the topography of the property and is located in a generally already disturbed area on the property.
Is the variance minor? Yes, the variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The proposed building is in a reasonable location for its purpose. The size of the development is minor as it would not require a building permit. The variance is minor as there will be no negative impact on the lake and on surrounding properties as a result of the proposed shed.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-39-20-L, subject to conditions.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision.

The Minor Variance is for a shed 9 square metres (96 square feet) in size, set back 10 metres (32.8 feet) from the highwater mark of Buck Lake and top of bank, as per the drawings submitted with MV-39-20-L.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-39-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: September 10, 2020

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Legend Subject Property Parcel Fabric Provincially Significant Wetlands Wetland River/ Stream Waterbody

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

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

December 2, 2020

Application No: Owners: Location of Property: Purpose of Application: Date of Hearing:

MV-40-20-L Brad & Amanda Vanderhaar 1229 Twin Island Lane, Buck Lake, Loughborough District To vary Section 10.3.1 of Comprehensive Zoning By-law 2003-75 November 12, 2020

Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:



zoning relief for construction of a new building zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural

Limited Service Residential – Waterfront

Zoning Relief Requested: Section 10.3.1: Rear Yard

Relief: To permit the construction of a dwelling with a minimum rear yard depth of 7.5 metres (24.6 feet), whereas the Zoning By-law requires a minimum 10 metre (32.8 foot) rear yard for the principal building.

Section 10.3.1: Lot Coverage

Relief: To permit the construction of a dwelling resulting in 6.6% lot coverage, whereas the Zoning By-law permits a maximum 5% lot coverage for the principal building.

Review: This application for a variance:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains with the general intent and purpose of the County of Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75;  Is desirable for the appropriate development of the land, building or structure in question; and  Is minor.

Proposal An application for minor variance was received to allow a seasonal dwelling within the rear yard, and that would exceed the maximum lot coverage for a principal building, permitted in the RLSW zone. 1 Page 123 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The subject property is 0.16 hectare (0.4 acre) in area and is currently vacant. It has road frontage on Twin Island Lane and water frontage on Buck Lake. The lands have a moderate to steep slope down from the lane to the lake. The 81.25 square metre seasonal dwelling would have a walkout basement, a 12.56 square metre screened porch and 12.66 square metre deck. The dwelling would be approximately 7.8 metres in height. The proposed dwelling would have a rear yard setback of 7.5 metres (24.6 feet) instead of 10 metres (32.8 feet). It would require an increase in the allowable lot coverage for the principal building from 5% to 6.6%. The dwelling would be located a minimum of 30 metres from the high water mark of Buck Lake, and more than 15 metres from the top of bank. A new septic system with Level IV treatment (a “tertiary” system) is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the highwater mark.

Agency and Public Comments Public Services Department – Public Services was not circulated the application because the property is on a private lane. Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. All approved setbacks will need to be confirmed by an Ontario Land Surveyor. KFL&A Public Health – KFL&A Public Health was not circulated the application. This agency supported the proposed location of the sewage system through minor variance application MV-02-20L. Further details regarding the sewage system will be addressed at the permit stage. Cataraqui Conservation – Cataraqui Conservation staff indicated that they are satisfied with the applicants’ efforts to reduce the footprint of the building to address the concerns over lot coverage raised with application MV-02-20-L. They have no objection to the approval of the application. It was noted that a permit under O. Reg. 148/06 will be required for the proposed development as it is located within a regulated area. Ministry of the Environment, Conservation and Parks – MECP supports the efforts made by the proponent to lighten the footprint and potential environmental impact of the proposed development on this sensitive lake trout lake on what they view is an undersized and constrained lot. They had no further comments or concerns. Public Comments – No written comments were received from the public at the time of the writing of this report.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

• It is the opinion of Township staff that the proposed development maintains the general intent and purpose of the Official Plan, specifically the policies on limited service residential development, and development within environmentally sensitive areas and adjacent to atcapacity lake trout lakes. • The subject lands are adjacent to Buck Lake, which is an at-capacity lake trout lake. Section 5.2.8 of the Official Plan requires new development adjacent to a sensitive lake trout lake (“atcapacity”) to be developed in accordance with the policies on Environmentally Sensitive Areas, specifically section 5.2.7(b)(i). Section 5.2.7(b)(i) requires development to be setback a minimum of 30 metres from the high water mark, and encourages maintenance of natural vegetation and the soil mantle within the 30 metre setback. The proposed dwelling and septic system would be set back a minimum of 30 metres from the high water mark. Does the variance maintain the general intent and purpose of the Zoning By-law? • The variance for a reduced rear yard would maintain the general intent and purpose of the Zoning By-law as the proposed dwelling is a permitted use on the subject property, and the reduced rear yard enables the proposed development to achieve a minimum 30 metre setback from the high water mark. • The variance for an increase in the allowable lot coverage for the principal building (the seasonal dwelling) from 5% to 6.6% maintains to the general intent and purpose of the Zoning By-law. The proposed increase in lot coverage is considered minor for this lot of record. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? •

The variances are desirable for the appropriate development of the land. The requested variances would accommodate the development of this lot of record while achieving a minimum 30 metre setback from the high water mark and the maintenance of natural vegetation and the soil mantle within the 30 metre setback. The applicant has also demonstrated that the reduced rear yard will not reduce the area available for vehicle parking outside the lane.

Is the variance minor? •

The requested variances are minor. The proposed location and size of the seasonal dwelling are reasonable. The proposed dwelling is of a similar size to other dwellings along Twin Island Lane. It would be located farther from the lake and closer to the lane than the other dwellings along the lane. It is anticipated that there will be no negative impact on the lake and on surrounding properties as a result of the development of this property.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-40-20-L, subject to conditions.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision.

3 Page 125 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The minor variance is for an 81.25 square metre dwelling (approximately 7.8 metre in height) with a 12.56 square metre screened porch and 12.66 square metre deck to be constructed at 30 metres from the highwater mark. MV-40-20-L permits the construction of the dwelling with a minimum 7.5 metre (24.6 foot) rear yard depth, and with a maximum 6.6% lot coverage. All as per the drawings submitted with MV-40-20-L.
The applicant is required to submit an application for site plan control and enter into a Site Plan 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 prior to the issuance of a building permit: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction and until the site is stable and revegetated. b. The removal of any excavated materials from the site so that it is not used as fill downgradient from the building envelope. c. Roof runoff will be directed through downspouts into French Drains or onto splash pads. d. Identifying the location and means of access to the shoreline. e. Entering into a maintenance and service agreement with an authorized representative of the manufacturer of the septic treatment unit, and providing annual proof of maintenance to the Township. f. Maintaining natural tree cover and understory in the area downslope from the dwelling, filter bed and contact area in a natural state. The only grassed over area should be over the filter bed and contact area.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-40-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visits: May 21, 2020 and June 24, 2020

4 Page 126 of 210

November 23, 2020

File: MV/FRS/230/2020

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

Application for Minor Variance MV-40-20-L (Vanderhaar) Part Lot 23, Concession 13; Twin Island Lane Loughborough District, Township of South Frontenac Waterbody: Buck Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The property was visited by staff on April 24, 2020. This letter is further to our previous correspondence of June 26, 2020 in relation to minor variance MV-02-20-L (Vanderhaar). Additional comments to our previous letter are provided in bold italic font for easy reference. Summary of Proposal The proposal involves the construction of a seasonal dwelling and a septic system on the subject property. The variance request is to: • •

Reduce the setback from the rear lot line from 10 metres to 2.48 metres for the seasonal dwelling. Increase lot coverage from 5% to 6.6%.

Site Description The property is located on the eastern shore of the north bay of Buck Lake. The topography of the site can be characterized as having a steep embankment at the

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

Page 127 of 210

Page 2 of 4

shoreline, then continuing to rise less steeply toward Twin Island Lane to the east. Presently, the lot is wooded. The property is currently designated ‘Rural’ in the Official Plan and ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the implementing Zoning By-law for South Frontenac Township. Buck Lake is designated as a highly sensitive Lake Trout lake in the Official Plan for South Frontenac Township. Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the water quality of Buck Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain mapping for Buck Lake. The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For Buck 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) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data, the proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of 1 (vertical):1 (horizontal), plus an erosion access allowance of 6 metres. Based upon observations and measurements taken at the site, staff estimate the total erosion hazard to be approximately 12 metres measured inland from the toe of slope. The proposed development will be located outside of the erosion hazard allowance. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 128 of 210

Page 3 of 4

provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the Cataraqui Conservation’s Environmental Planning Policy (April 2015) contains provisions that seek to support these objectives. Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a minimum 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, the Environmental Planning Policy recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. The proposal places both the dwelling and the main components of the sewage system beyond the 30 metre water setback. The septic mantle is the only development proposed within the 30 metre water setback. Under a previous submission, staff were concerned with the size of the building footprint as the applicant was seeking relief to double the maximum allowable lot coverage from 5% to 9.5%. The maximum lot coverage provisions in the Zoning By-law are intended to limit intensification on a waterfront lot in support of the water quality provisions of the PPS and the Official Plan, particularly when a property is located on a sensitive Lake Trout lake. This submission effectively reduces the footprint of the development from 151.54 m2 to 106.47 m2, a decrease of 45.07 m2. This reduces the amount of lot coverage relief required from 4.5% to 1.6% (6.6% total) which is a substantial improvement. Staff are satisfied with the applicant’s efforts to reduce the footprint of the building to address our previous lot coverage concerns. Recommendation Staff have no objection to the approval of application MV-40-20-L based upon our consideration for natural hazards, natural heritage and water quality protection policies. Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 129 of 210

Page 4 of 4

(construction, filling, and site alteration) within 15 metres of a valley land. The valley of Buck Lake is considered to extend inland to the top of the slope. It appears that the proposed development is within the 15 metre adjacent lands to the top of valley, and therefore, a Cataraqui Conservation permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244, or by e-mail at aschmidt@crca.ca.

Yours truly,

Andrew Schmidt Andrew Schmidt Supervisor, Development Review /as c.c.

Michelle Hannah, South Frontenac Township (via e-mail) Brad & Amanda Vanderhaar (via e-mail) Jon Orpana, Ministry of Environment, Conservation and Parks (via e-mail)

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

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Scale 1:10,000 0 2550 100 150 200 Meters UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

December 4, 2020

Application No: Owner: Location of Property: Purpose of Application:

MV-41-20-L Michael McLachlan Kennedy Island, Sydenham Lake, Loughborough District To vary Sections 5.8.2 a) and 11.3.1 of Comprehensive Zoning By-law 2003-75 December 10, 2020

Date of Hearing:

Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:



zoning relief for construction of a new building zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural

Limited Service Residential – Island

Zoning Relief Requested: Section 5.8.2 a): High Water Mark

Relief: To permit a seasonal dwelling with a 27 metre (88.6 foot) setback from the high water mark of Sydenham Lake, measured to the western shoreline, whereas the Zoning By-law requires a minimum 30 metre (98.4 foot) setback for all buildings and structures.

Section 11.3.1: Front Yard and High Water Mark

To permit a seasonal dwelling with a 27 metre (88.6 foot) front yard depth and setback from the high water mark of Sydenham Lake, measured to the western shoreline, whereas the Zoning Bylaw requires a minimum 30 metre (98.4 foot) front yard and high water mark setback for the principal building.

Section 11.3.1: Floodline

Relief: To permit a seasonal dwelling with a 19.4 metre (63.6 foot) setback from the floodline of Sydenham Lake located east of the building location, whereas the Zoning By-law requires a minimum 30 metre (98.4 foot) setback for the principal building.

Review: The Committee of Adjustment deferred making a decision on this application on November 12, 2020, to receive comments from Cataraqui Conservation. This application for a variance:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains the general intent and purpose of the County of Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Official Plan;

1 Page 147 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT  Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 200375;  Is desirable for the appropriate development of the land, building or structure in question; and  Is minor.

Proposal An application for minor variance was received to permit a 92.9 square metre (1000 square foot) seasonal dwelling with a reduced front yard and within the required setbacks from the high water mark and floodline. The seasonal dwelling would not contain plumbing, and therefore not require a sewage system. The 4.35 hectare (10.75 acre) island in Sydenham Lake is currently vacant. The owner moors a houseboat at the northeast end of the island. The west and north end of the island contains a predominantly pine forest. The understorey consists of low vegetation and moss over shallow soils and exposed bedrock. The bedrock shoreline is less than 1.5 metres high. There are two large low-lying, seasonally wet areas on the south end of the island. The east end of the island is also low-lying and marshy. These low-lying areas are within the 1:100 year floodplain of the lake. The centre of the island contains a deciduous forest with predominantly saplings and bushes. The centre of the island also contains several mineral exploration trenches. The proposed dwelling would be located on the west end of the island, 27 metres from the high water mark, measured to the western shoreline. The dwelling would be more than 30 metres from the high water mark, measured to the southern shoreline. The dwelling would be located 19.4 metres from the floodline of Sydenham Lake located east of the building location. The area within the floodplain is a low-lying, seasonally wet area with swamp characteristics. The applicant is in the process of establishing deeded mainland parking and docking area on a property on Sills Bay Road.

Agency and Public Comments Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. KFL&A Public Health – KFL&A Public Health was not circulated the application as the seasonal dwelling would not contain plumbing and therefore would not require a sewage system. A seasonal dwelling is not required to have plumbing under the Ontario Building Code. Cataraqui Conservation – In a letter dated November 23, 2020, Cataraqui Conservation staff recommended deferral of the application. Since the proposal involves development within 30 metres of an environmentally sensitive feature (i.e. the shoreline of Sydenham Lake), they recommended that the applicant be requested to undertake a preliminary Environmental Impact Assessment (EIA) to consider the potential for increased phosphorus loading and make appropriate recommendations to protect the water quality of Sydenham Lake. They did indicate that they have no concerns with the proposal from flooding hazard and erosion hazard perspectives. They will review the preliminary EIA (Ecological Services, December 3, 2020) that was subsequently submitted in support of the application.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Public Comments – No written comments were received from the public at the time of the writing of this report.

Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: 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 type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. • It is the opinion of Township staff that the proposed development maintains the general intent and purpose of the Official Plan, specifically the policies on limited service residential development, development within environmentally sensitive areas, and abandoned mine hazards. o Limited service residential – The applicant is in the process of establishing deeded mainland parking and docking area on a property on Sills Bay Road. A right-of-way was granted by the Committee of Adjustment for this area in February 2020 (application S-3319-L). o Environmentally sensitive areas •

The Township Official Plan identifies Kennedy Island as an Environmentally Sensitive Area since it is located in a lake. Vacant islands can be important wildlife habitat. The County Official Plan identifies Kennedy Island as containing woodland/forest, to be part of a wildlife linkage through Sydenham Lake, and to be all or partially within 120 metres of a Provincially significant wetland and fish habitat. A Preliminary Environmental Impact Assessment (EIA) (Ecological Services, December 3, 2020) was submitted in support of the application. The EIA concluded that the proposed seasonal dwelling and its location would have no negative impact on the natural heritage features or their ecological functions. It made recommendations for mitigation. The recommendations are to maintain a “no-cut” zone within the reduced setback area, to direct roof runoff to a location that maximizes its flow path to the lake, and that no woody vegetation be removed during bird roost and bat maternity seasons without specific tree assessments.

•

Section 5.2.7 of the Township Official Plan requires development to be set back a minimum of 30 metres from the high water mark, and encourages maintenance of natural vegetation and the soil mantle within the 30 metre setback. It allows consideration of a reduction to the minimum 30 metre setback on a vacant lot of record only if it is not physically possible to meet the setback anywhere on the parcel. Although Kennedy Island is a large island, there are several natural and human-made features on it that limit where development can occur without impacting the natural features or being impact by the human-made features. Concentrating development on the western end of the island avoids these areas. It would result in the least disturbance to the island related to construction access and long-term access.

o Abandoned mine hazards – As indicated above, the central part of the island contains several mineral exploration trenches. Each of these trenches are a few metres deep and 3 Page 149 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT wide. Locating development so that it avoids the trenches would maintain the intent of the Township policies on development on or near abandoned mine hazards (section 6.27). Does the variance maintain the general intent and purpose of the Zoning By-law? • The proposed variances maintain the general intent and purpose of the Zoning By-law as the seasonal dwelling is a permitted use on the subject property, and complies with all zoning requirements except for the reduced front yard depth, setback from the high water mark and setback from the floodline in one location. The proposed location and orientation of the dwelling is practical given the physical characteristics of the property. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? • The variances are desirable for the appropriate development of the land, as they allow development to avoid the more environmentally sensitive areas of the island and the abandoned mine hazards. Is the variance minor? • The requested variances are minor. The proposed location and size of the seasonal dwelling are reasonable. It is anticipated that there will be no negative impact on the remainder of the island and on the lake as a result of the development of this property.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and Cataraqui Conservation and, pending comments received, approve minor variance application MV41-20-L, subject to conditions.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision.

The minor variance is for a 92.9 square metre (1000 square foot) seasonal dwelling. The dwelling is permitted to establish a minimum of 27 metre front yard, measured to the western shoreline. The dwelling is permitted to be set back a minimum 27 metre setback from the high water mark of Sydenham Lake, measured to the western shoreline. The dwelling is permitted to be set back a minimum 19.4 metre (63.6 foot) from the floodline of Sydenham Lake located east of the building location. All as per the drawings submitted with MV-41-20L.
The applicant 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 and recommendations of the Environmental Site Evaluation (Ecological Services, December 3, 2020) prior to the issuance of a building permit: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction and until the site is stable and revegetated. b. The removal of any excavated materials from the site so that it is not used as fill within 30 metres of the Sydenham Lake nor in low-lying areas within the floodplain. 4 Page 150 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

c. Roof runoff will be directed away from the shoreline of Sydenham Lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads. d. Identifying the location and means of access to the shoreline. e. Maintaining natural tree cover and understory in the areas around the dwelling in a natural state. f. Notification that there shall be no removal of woody vegetation between April 15 and September 15 in order to protect critical life stages of both birds and bats. These dates reflect the roost/maternity season. If active removal is proposed to take place during these dates, a specific tree assessment must be undertaken by a qualified individual. For birds, this can include a specific survey of the targeted tree to ensure no activity by nesting birds. For bats this can include an exit survey and/or acoustic monitoring if the tree contains cavities or is a snag tree. If that effort determines the tree is being used by nesting birds, removal will need to be delayed until after August 30; and if used by species-at-risk bats, then removal will need to be delayed until after September 15. 3. A building permit is required for ALL construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. 4. Minor variance MV-41-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: September 11, 2020

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Scale 1:2,500 0 10 20

Meters UTM Projection NAD 83

November 27, 2020

File: MV/FRS/265/2020

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

Application for Minor Variance MV-45-20-L (Kelsey) Lot 7, Concession 5; 1073 / 1074 Carslake Lane Loughborough District, Township of South Frontenac Waterbody: Sydenham Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and offer the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of a 67.7 square metre addition onto an existing dwelling on the subject property. More specifically, the variance is being 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 23.5 metres in order to permit the construction of an addition. Site Description The subject property is located along the southern shore of Sydenham Lake. The topography of the property can be characterized as rising up quickly from the shoreline, levelling somewhat and then continuing to rise in a westerly direction. Presently, the property contains a single family dwelling, a garage, and an accessory building. The property is currently designated ‘Rural’ in the Official Plan and “Limited Service Residential – Waterfront Zone” (RLSW) in the implementing Zoning By-law for South Frontenac Township.

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

Page 166 of 210

Page 2 of 3

Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards associated with the shoreline of Sydenham Lake (e.g. flooding and erosion), and the protection of the lake’s water quality. Natural Hazards Flooding: For Sydenham Lake, the regulatory flood plain has been established as elevation 131.6 metres geodetic. Section 4.1.3 of Cataraqui Conservation’s Environmental Planning Policy recommends a 15 metre horizontal setback from the regulatory flood plain to account for variations in the regulatory flood plain elevation, changes over time in the anticipated extent of the regulatory flood plain, and situations such as debris or ice jams that may affect flood levels. Based upon a review of Lidar elevation data, staff have concluded that the proposed development is outside of the 15 metre setback from the regulatory flood plain. Erosion: Cataraqui Conservation’s Environmental Planning Policy defines the erosion hazard limit as the sum of an allowance for toe erosion, a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. Staff have concluded that the proposed development will be located outside of the erosion hazard limit. Water Quality The Township of South Frontenac Official Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such as steepness of slope, vegetation cover soil depth and soil phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the setback may only be considered if it is not physically possible or environmentally desirable to meet the 30 metre setback requirement, and that there will be no negative impacts to fish habitat or water quality. Similar to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development.

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

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Page 3 of 3

In this instance, the addition is located in the most reasonable location possible, the development is set back as far as possible from the water in all directions, is no closer to the water than existing development, and the development complies with the maximum lot coverage provisions of the Zoning By-law. Staff recommend that roof runoff be directed away from the shoreline to prevent erosion and to protect the water quality of Sydenham Lake. Recommendation Staff have no objection to the approval of application MV-45-20-L based upon our consideration for natural hazards, natural heritage and water quality protection policies. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any general questions about these comments, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email to aschmidt@crca.ca. Yours truly,

Andrew Schmidt

Andrew Schmidt Supervisor, Development Review /as c.c.

Michelle Hannah, South Frontenac Township (via e-mail) Laura Kelsey, applicant (via e-mail)

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

December 4, 2020

Application No: Owner: Location of Property:

MV-45-20-L Laura Kelsey Lot 7, Concession 5, District of Loughborough, Township of South Frontenac, being Part 1 on Plan 13R4354 and Part 1 and 3 on Plan 13R5712 municipally known as 1073 Carslake Lane, Sydenham Lake. Purpose of Application: To vary sections 10.3.1 and 5.8.2(a) of Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: December 10, 2020

Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

_ zoning relief for construction of a new structure zoning relief for replacement of an existing structure zoning relief for other

Official Plan Designation: Rural Zoning: Limited Service Residential Zoning Relief Requested: Waterfront Zone (RLSW) Section 10.3.1: RLSW Zone Relief: To permit an addition with a highwater mark Principal Building setback and front yard of 23 metres (77 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark and front yard for the principal building. Section 5.8.2a): Flooding and Shoreline Erosion Hazards

Relief: To permit an addition with a highwater mark setback of 23 metres (77 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains the general intent and purpose of the County of Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains the general intent and purpose of the Township of South Frontenac Zoning By-law 200375;  Is desirable for the appropriate development of the lands in question; and  Is minor.

Page 169 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Proposal An application for minor variance was received to permit an addition within the required 30 metre setback from the highwater mark of Sydenham Lake. The subject property is known as 1073 Carslake Lane, located off Sheila Lane, off Rutledge Road. The subject property is located on Sydenham Lake and can be described as rising up steeply from the shoreline to a flat plateau and then rising slowly towards the rear of the property. The subject property contains a single detached dwelling with attached decks, a garage and an accessory building. The single detached dwelling is 83.5 square metres (899 square feet) in size and located 12 metres (40 feet) from the highwater mark of Sydenham Lake. The first deck is attached to the upper level of the dwelling. It is 17.8 square metres (192 square feet) in size and located 12 metres (40 feet) from the highwater mark. The second deck is attached to the lower level of the dwelling. It is 11.5 square metres (123.6 square feet) in size and located 9 metres (30 feet) from the highwater mark. The accessory structure and the garage are located outside of the 30 metre setback from the highwater mark. They are respectively 40 square metres (432 square feet) and 62.4 square metres (672 square feet) in size. The applicants are proposing to construct a 68 square metre (729 square foot) addition to the rear of the dwelling. The addition will be located 23 metres (77 feet) from the highwater mark. The applicant provided, with the submission of the application, a signed statement from all three adjacent neighbours stating that the neighbours do not have objections to the proposed addition to the existing single detached dwelling.

Department, Agency and Public Comments Public Services Department – Public Services was not circulated due to the nature of the application. Building Department (Buildings) – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process. Building Department (Sewage System Review) – The Building Department determined that a performance review of the existing septic system is not necessary as part of the minor variance application. This review will be completed at the building permit stage. Cataraqui Conservation – Comments received from Cataraqui Conservation on November 27, 2020 indicate that Cataraqui Conservation staff have no objection to the approval of the minor variance. Staff recommended that roof runoff be directed away from the shoreline to prevent erosion and to protect the water quality of Sydenham Lake. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Does the variance maintain the general intent and purpose of the Official Plan? Yes, the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies on limited service residential development and environmentally sensitive areas. The proposed addition to the rear of an existing single detached dwelling is consistent with the permitted residential use of the property and would be located farther from Sydenham Lake. Page 170 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. Does the variance maintain the general intent and purpose of the Zoning By-law? Yes, the variance maintains the general intent and purpose of the Zoning By-law as the addition would be attached to dwelling, which is a permitted use on the subject property. The proposed location and orientation of the addition is practical on the subject property and the addition is not going closer than the existing single detached dwelling and deck to the highwater mark of Sydenham Lake. The existing interior side yard will be maintained and the development complies with the maximum permitted lot coverage. 3. Is the requested variance desirable for the appropriate development of the land, building or structure in question? Yes, the proposed location, size and orientation of the addition are practical on the subject property. The variance is desirable for the appropriate development of the subject property, as the proposed addition is modest in size and is consistent with the residential use of the property. It is located farthest away from the highwater mark of Sydenham Lake. 4. Is the variance minor? Yes. The variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. There will be no negative impact on the lake and the neighbours are agreeable to the proposed addition.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-45-20-L, subject to conditions.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision.

The Minor Variance is for a 68 square metre (729 square foot) addition to the rear of the existing dwelling, set back 23 metres (77 feet) from the highwater mark of Sydenham Lake as per the drawings submitted with MV-45-20-L.
The applicant 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 Township environmental policies and Cataraqui Conservation recommendations, including that roof runoff be directed away from the shoreline to prevent erosion and to protect the water quality of Sydenham Lake.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-45-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: November 27, 2020

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Page 185 of 210

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Page 186 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT MINOR VARIANCE – PLANNING REPORT Report Date:

December 4, 2020

Application No: Owner: Agent: Location of Property:

MV-46-20-S Matthew Robinson Tiago Caldas Lot 21 Concession 5 being on Plan FVLCP 76 Level 1 Unit 15, District of Storrington, Township of South Frontenac, municipally known as 1096 Applewood Lane, Loughborough Lake Purpose of Application: To vary Section 5.24.2 of the Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: December 10, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

_ zoning relief for construction of a new structure zoning relief for replacement of an existing structure zoning relief for other

Official Plan Designation: Rural & Provincially Significant Wetlands

Zoning: Limited Services Residential Waterfront – Special Provision 101 (RLSW-101)

Zoning Relief Requested: Section 5.24.2: Accessory Buildings

Relief: To permit the construction of an accessory building (detached garage) in the projected front yard, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building.

Page 187 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Proposal An application for minor variance has been received to permit an accessory building (detached garage) within the projected front yard of the subject property located in the Limited Service Residential Waterfront Zone Special Provisions 101 (RLSW-101). The subject property is located on the east side of Applewood Lane off Kier Road, and is municipally known as 1096 Applewood Lane. The subject property is part of the Applewood Plan of Vacant Land Condominium. It currently contains a 241.5 square metre (2600 square foot) single detached dwelling. The proposed detached garage is 9.2 metres x 9.2 metres (30 feet by 30 feet) and approximately 83.6 metres2 (900 feet2) in size. The proposed garage is single storey with a height of 6.0 metres (19.7 feet). The garage will be 3.5 metres (11.5 feet) from the side lot line to the east. It complies will all of the required setbacks in the RLSW and RLSW-101 zones. The Approved Condominium Corporation contracts a Condominium Specialist to manage the Applewood Condominium. The Specialist reviewed the proposal and confirmed the development is approved by the Condominium. It was indicated that the owner will need to provide a copy of the building permit to be kept in the unit file before any work can commence.

Department, Agency and Public Comments Public Services Department – Public Services was not circulated on the application as the subject property is located on a private lane. Building Department (Sewage System Review) – The Building Department provided comments on November 27, 2020 indicating that staff have no objections to the proposed location of the detached garage with respect to clearances from the existing sewage system. Cataraqui Conservation – Cataraqui Conservation indicated on November 26, 2020 that staff are not required to be circulated due to the nature of the application. Cataraqui Conservation note that a permit under O. Reg. 148/06 will be required since the garage is located within 120 metres of a wetland. Public Comments – At the time of the writing of this report, no comments have been received from the public.

Does the variance maintain the general intent and purpose of the Official Plan? Yes the variance maintains the general intent and purpose of the Official Plan. The subject property is designated Rural in the Official Plan and the proposed garage is consistent with the residential use of the property. The subject property is adjacent to a Provincially Significant Wetland. The environmental protection policies of the Official Plan were addressed through an Environmental Impact Statement (EIS) when the plan of condominium was approved. An important recommendation of the EIS was that all development must be setback a minimum of 40 metres from the highwater mark of Loughborough Lake and from the Loughborough Lake Provincially Significant Wetland Complex.The proposed development will be located approximately 82.5 meters (270.8 feet) from the highwater mark and the edge of the wetland.

Page 188 of 210

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Does the variance maintain the general intent and purpose of the Zoning By-law? Yes, the variance maintains the general intent and purpose of the Zoning By-law as the location of the garage complies with the setback requirements of the RLSW-101 zone. Section 5.24.2 of the Zoning By-law details the permitted location of an accessory building to be erected to the rear yard or interior side yard. For the purposes of the RLSW-101 zone, the lane side of the lot shall be deemed to be the front yard. The provisions of the special zone requires a minimum front yard setback of 15 metres (50 feet) and a minimum setback from the wetland boundary to be 40 meters (131 feet). The proposed location of the detached garage is adjacent to the existing driveway and is located on the east side of the property and generally follows the natural topography of the site. There is no opportunity to locate the proposed garage within the rear yard of the proposed dwelling, as per the special provision zoning. The proposed garage does not exceed the maximum lot coverage for accessory structures and complies with the maximum permitted height of 6 metres (19.7 feet).
Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? Yes, the variance is desirable for the appropriate development as a detached garage is a permitted accessory building to the existing dwelling. Locating the garage in the front yard helps to achieve the intent of the site-specific zone to protect the adjacent wetland from potential negative impacts associated with development on the property. It is located a suitable distance from the front property line and located 3.5 meters (11.47 feet) from the interior property line whereas the By-law requires 3 metres (9.8 feet).
Is the variance minor? Yes, the variance is minor as it maintains the general intent of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The variance is minor as it will not cause any negative impacts on the lake, the wetland and surrounding properties as a result of its location within the projected front yard and will be located off an existing driveway.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-46-20-S, subject to conditions.

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the decision.

The Minor Variance is for a one-storey detached garage 6 metres in height, to be constructed in the projected front yard at a setback to comply with zoning, as per the drawings submitted with MV-46-20-S.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-46-20-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: November 27, 2020 Page 189 of 210

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Provincially Significant Wetlands Wetland River/ Stream Waterbody

Thirty Island Lake

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Scale 1:450 0 1.753.5

10.5

Meters UTM Projection NAD 83

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. PL0280-2020 Municipality:

Township of South Frontenac

Owner

Ralph & Lynne Orr

Location:

111 Second Heaven Lane

Roll #:

10290200400710000000

Application Description:

Minor Variance

Feature:

Thirty Island Lake

Lot 6,Concession 3

Bedford

Reduce setback from high water mark from 30meters to 16meters to allow for dwelling and replacement of sewage system

Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy 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 hazards lands. Staff are not satisfied that the application as presented is consistent with section 3.1 of the PPS and are requesting a deferral until the floodplain can be surveyed. Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses 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).

Comments:

Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 45 metres of the 1:100 year floodplain of Thirty Island Lake. This office will enforce a 15meter development setback from the 1:100 year floodplain of Thirty Island Lake. There will be a fee associated with the permit application. The permit fee is separate from the fee required for this planning application. 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. Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest.

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Final Comments:

Quinte Conservation requests a deferral until the 1:100 year floodplain has been surveyed by either Quinte Conservation staff or an Ontario Land Surveyor or engineering firm and a new drawing submitted showing the 1:100 year floodplain of Thirty Island Lake and that the new proposed development can meet this office’s 15meter development setback from the 1:100 year floodplain of Thirty Island Lake.

November 26, 2020 Date

Elizabeth Lowe Planning and Regulations Technician

Sharlene Richardson Regulations Officer

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

December 4, 2020

Application No: Owners: Location of Property:

MV-47-20-B Ralph Orr and Lynne Wilson Orr Part of Lot 6, Concession 3, District of Bedford Township of South Frontenac, being Parts 1 – 3 on Plan 13R8565, municipally known as 111 Second Heaven Lane, Thirty Island Lake Purpose of Application: To vary Sections 10.3.1 and 5.8.2a) of Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: December 10, 2020

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-47-20-B to provide additional time for the applicant to survey the 1:100 year floodplain as per Quinte Conservation comments. Proposal An application for minor variance was received to permit a seasonal dwelling with a waterside deck, screened in porch and a lane side deck within the required 30 metre setback from the highwater mark of Thirty Island Lake. The subject property is zoned Limited Service Residential Waterfront (RLSW) in the Zoning By-law. It currently contains a recreational trailer, a sleeping cabin, a shed and an outhouse as well as an existing septic system. The licenced recreational trailer is located 18 metres (59 feet) from the highwater mark of Thirty Island Lake. The sleeping cabin is 12.6 square meters (136 square feet) in size and located 12.5 metres (41 feet) from the highwater mark. The shed is 6 square meters (64 square feet) in size and located 21 metres (70 feet) from the highwater mark. The recreational trailer and sleeping cabin are proposed to be removed from the property. The proposed development has a total area of 70.6 square metres (759 square feet) in size. The principal dwelling 53 square metres (570.8 square feet) in size. It will be located 16.8 metres (55 feet) from the highwater mark and 8 metres from the private lane. The attached deck and screened in porch will be 8 square metres (88 square feet) in size and 7.4 square meters (80 square feet) in size respectively, both located 14.3 metres (47 feet) from the highwater mark. The landing strip will be 2.2 square metres (24 square feet) in size located 21 metres (69 feet) from the highwater mark and 7 metres (23 feet) from the private lane. The proposed location of the dwelling is on a flat plateau area located at the bottom of a steep cliff. The steep cliff is directly to the west of the proposed dwelling. The existing septic system is located to the east of the proposed dwelling. Agency Comments Quinte Conservation Staff are requesting a deferral until the 1:100 year floodplain can be surveyed and a new drawing submitted showing the floodplain and that the new proposed development can meet Quinte Conservation’s 15 metre development setback from the floodplain required by O. Reg. 319/09. The Township of South Frontenac Building Department provided verbal comments on December 1, 2020 indicating that more information about the septic system is required to complete a performance review of the existing system and to determine whether it is adequate to service the proposed dwelling. Township Staff will follow up with the applicant to advise what information is outstanding to complete the septic review.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Submitted by: Anna Geladi, Planner Approved by: Christine Woods, MCIP, RPP, Senior Planner Date of Site Visit: November 27, 2020

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REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

December 10, 2020

REPORT DATE:

December 08, 2020

SUBJECT:

Decisions on Delegated Consents

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

S-22-20-P (Owner/Applicant) Melbourne & Pauline Vankoughnett

Location: Part Lot 17 and 18, Concession 4, District of Portland, Township of South Frontenac, being Part 2 on Plan 13R3733, municipally known as 4255 CamdenPortland Boundary Road. This undisputed consent was granted provisional consent on November 23, 2020. The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 4.05 hectares (10 acres) of vacant land with approximately 122 metres (400 feet) of frontage along CamdenPortland Boundary Road. b)

S-23-20-P (Owner/Applicant) Melbourne & Pauline Vankoughnett

Location: Part Lot 17 and 18, Concession 4, District of Portland, Township of South Frontenac, being Part 2 on Plan 13R3733, municipally known as 4255 CamdenPortland Boundary Road. This undisputed consent was granted provisional consent on November 20, 2020. The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 4.05 hectares (10 acres) of vacant land with approximately 137 metres (450 feet) of frontage along CamdenPortland Boundary Road. c)

S-24-20-P (Owner/Applicant) Melbourne & Pauline Vankoughnett

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 207 of 210

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 4.05 hectares (10 acres) of vacant land with approximately 91 metres (300 feet) of frontage along CamdenPortland Boundary Road. The retained lands will be approximately 28 hectares (70 acres) with approximately 198 metres (648 feet) of frontage on Camden-Portland Boundary Road, the retained is based on the retained once all three severances have been completed. d)

S-25-20-L (Owner) Muhammad Tasneem (Applicant/Agents) Cory & Stephanie McLaren

Location: Part of Lots 2 to 4, Concession 12, District of Loughborough, Township of South Frontenac, being Parts 1 to 6 on Plan 13R19208, at the corner of Stewart Lane and Holleford Road. This undisputed consent was granted provisional consent on November 12, 2020. The purpose and effect of this application is for the creation of a right-of-way for the purpose of access to the back of the property over Stewart Lane. The lands shall be registered as a right-of-way with a maximum width of 6 metres (19.7 feet). Stewart Lane, as described in Reference Plan 13R20270, being parts 1 and 2 will also be added to the legal description as a right-of-way for access to the property. This rightof-way has previously been established. e)

S-31-20-S (Owner/Applicant) Derek MacKay

Location: Part Lot 24 Concession 10, District of Storrington, being Parts 1 to 6 on Plan 13R21867, Township of South Frontenac, municipally known as Carrying Place Road. This undisputed consent was granted provisional consent on November 20, 2020. The purpose and effect of this application is for the creation of a lot addition to enlarge abutting lands at 1099 Joes Lane. The lot addition shall have an area of approximately 0.57 hectares (1.4 acres). f)

S-32-20-S (Owner/Applicant) Derek MacKay

Location: Part Lot 24 Concession 10, District of Storrington, being Parts 1 to 6 on Plan 13R21867, Township of South Frontenac, municipally known as Carrying Place Road. This undisputed consent was granted provisional consent on November 20, 2020. The purpose and effect of this application is for the creation of one new residential lot consisting of approximately 5.87 hectares (14.5 acres) with 240 metres (787.4 feet) of road frontage on Carrying Place Road. The retained parcel will be 5.10 hectares (12.6 acres) with 280 metres (918.6 feet on Carrying Place Road following the completion of the lot addition and new lot creation.

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 208 of 210

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT

S-33-20-P (Owner/Applicant) Senj Vandenberg

Location: Part Lot 10 & 11 Concession 1, District of Portland, Township of South Frontenac, being Part 1 on Plan 13R13820, municipally known as 3306 Wilton Road. This undisputed consent was granted provisional consent on November 27, 2020. The purpose and effect of this application is for the creation of a lot addition to enlarge abutting vacant land located on Cummins Road and to provide access to the back part of the lot. The lot addition shall have an area of approximately 0.3 hectares (0.7 acres). h)

S-34-20-P (Owner/Applicant) Senj Vandenberg

Location: Part Lot 10 & 11 Concession 1, District of Portland, Township of South Frontenac, being Part 1 on Plan 13R13820, municipally known as 3306 Wilton Road. This undisputed consent was granted provisional consent on November 27, 2020. The purpose and effect of this application is for the creation of one new residential lot consisting of approximately 2.2 hectares (5.5 acres) and 19 metres (63 feet) of frontage on Wilton Road and 94 metres (308 feet) on Cummins Road. The retained parcel will be approximately 1.7 hectares (4.3 acres) with 88 metres (288 feet) of frontage on Wilton Road once the lot addition and new lot have been created. i)

S-35-20-P (Owner) Nigel Haynes (Applicant/Agent) Robert Rice

Location: Part of Lots 25 & 26, Concession 13, District of Loughborough, Township of South Frontenac, being Parts 1, 2, 4, 5, 6 and part of Part 3 on Plan 13R21007, municipally known as 6799 Billy Green Road This undisputed consent was granted provisional consent on November 23, 2020. The purpose and effect of this application is for the creation of a lot addition to enlarge abutting lands municipally known as 179 Burnt Point Lane. The lot addition will consist of approximately 3.2 hectares (8 acres) with approximately 272 metres (892 feet) of frontage on Burnt Point Lane. j)

S-36-20-P (Owner) Nigel Haynes (Applicant/Agent) Robert Rice

Location: Part of Lots 25 & 26, Concession 13, District of Loughborough, Township of South Frontenac, being Parts 1, 2, 4, 5, 6 and part of Part 3 on Plan 13R21007, municipally known as 6799 Billy Green Road This undisputed consent was granted provisional consent on November 25, 2020. The purpose and effect of this application is for the creation of one new residential lot consisting of approximately 10.1 hectares (25 acres), having 221 metres (725 feet) of frontage on Billy Green Road and 409 metres (+/-1,342 feet) of frontage on Burnt Point Lane. The retained parcel will be approximately 10.1 hectares (25 acres) with 221 metres (725 feet) of frontage on Wilton Road once the lot addition and new lot have been created.

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 209 of 210

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT k)

S-38-20-P (Owner) David Gronewegen (Agent) David Babcock

Location: Part Lot 10 Concession 1 District of Portland, Township of South Frontenac. This undisputed consent was granted provisional consent on November 20, 2020. The purpose and effect of this application is for the creation of a lot addition to enlarge abutting lands municipally known as 4294 Cummins Road. The lot addition will consist of approximately 3.1 hectares (7.8 acres) with approximately 160 metres (525 feet) of frontage on Cummins Road. The retained lands will be approximately 26.3 hectares (65 acres) with 292 metres (958 feet) on Cummins Road and 487 metres (1,598 feet) on Wilton Road.

ATTACHMENTS: None Submitted by:

Michelle Hannah, Planning Assistant and Secretary Treasurer of Committee of Adjustment

Approved by:

Claire Dodds Director of Development Services

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 210 of 210

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