Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: May 10, 2018 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:
7:00 PM, Thursday, May 10, 2018 Council Chambers.
Call to Order
a)
Resolution
Adoption of Agenda
Declaration of pecuniary interest
Approval of Minutes – [April 12, 2018]
a)
Resolution
Consent Applications from Previous Meetings:
New Consent Applications:
a)
S-12-18-L - Stanislaw and Irena Kolodziejczak - Concession 14, Part Lot 16, Over The Hill Lane, District of Loughborough -Consent to create a new lot
3-9
b)
S-2818-B - Susan Stewart and Kenneth Petryshen - Concession 10, Part Lot 26, Briggs Lane, District of Bedford - Consent to create a right-of-way
10 - 12
c)
S-29-18-L - Margaret Monroe - Concession 4, Part Lot 3, Stagecoach Road, District of Loughborough - Consent to create a lot addition
13 - 14
d)
S-30-18-S - 548883 Ontario Limited - Concession 8, Part Lot 15, Hiawatha Lane/Hidden Hollow Lane, District of Storrington - Consent to create a lot addition
15 - 17
e)
S-31-18-L - Adam Knapp - Concession 5, Part Lot 12, Wilmer Road, District of Loughborough - Consent to create a new lot S-32-18-L - Adam Knapp - Concession 5, Part Lot 12, Wilmer Road, District of Loughborough - Consent to create a new lot S-33-18-L - Adam Knapp - Concession 5, Part Lot 12, Wilmer Road, District of Loughborough - Consent to create a new lot
18 - 42
f)
S-34-18-B - John O’Connor - Concession 2, Part Lot 8, Buck Bay Road, District of Bedford - Consent to create a new lot
43 - 47
g)
S-35-18-P - Everett Kerr - Concession 5, Part Lot 6, Road 38/Alton Road, District of Portland - Consent to create a new lot
48 - 50
h)
S-36-18-L - Doris Cumpson - Concession 22, Part Lot 8, Leland Road, District of Loughborough - Consent to create a lot addition
51 - 52
i)
S-37-18-L - Sally Vanluven- Concession 5, Part Lot 7, Sheila Lane,
53 - 54
Page 1 of 69
District of Loughborough - Consent to create a lot addition 7.
New Minor Variance Applications:
a)
MV-08-18-L - Trevor Huffman - Concession 8, Part Lot 8, 1171 Bullseye Lane, District of Loughborough - Variance to permit an increase in height of an accessory building, variance to permit an accessory building larger than the principal building
55 - 60
b)
MV-09-18-S - James and Krystyna Garlick - Concession 9, Part Lot 18, 4601 Stair Step Lane, District of Storrington - Variance to permit an increase in footprint of a boathouse
61 - 69
Other Business
Adjournment
a)
Resolution
Page 2 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 9, 2018 Application No: Owner: Location of Property:
S-12-18-L Stanislaw and Irena Kolodziejczak Concession 14, Pt. Part Lot 16, Over The Hill Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 2.68 +/- acres with frontage on Perth Road, Over the Hill Lane and Buck Lake (a Highly Sensitive Trout Lake). The land is currently developed with two single detached dwellings and multiple detached accessory buildings. The application is for the creation of a 2.0 +/acre waterfront lot with 62m frontage on Buck Lake and would contain the dwelling known as 1050 Over the Hill Lane. The retained parcel would be 0.7 +/- acres in size and contain the dwelling known as 7656 Perth Road. These two parcels were recently purchased by the Kolodziejczak’s as separate properties; however when they came in to common ownership the two parcels were merged automatically at the Land Registry office. The Kolodziejczak’s were unaware of this until they went to sell 1050 Over the Hill Lane. The newly merged parcel was more in compliance with the Comprehensive Zoning By-law 2003-75, which requires a waterfront lot to be 2.5 acres in size however it now contained two single detached dwellings. The Official Plan has provisions to allow for separation of properties with multiple dwellings even if they do meet all the minimum lot creation requirements. The planning department is able to support the application. Current Zoning: Residential Waterfront (RW) and Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from Public Works were not required. KFL&A Public Health has no objections. Cataraqui Region Conservation Authority has no objections.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-12-18-L shall be for the creation of a 2.0 +/acre waterfront lot with 62m frontage on Buck Lake and would contain the dwelling known as 1050 Over the Hill Lane.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
Page 3 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-35-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 6. The applicant shall rezone the lot to be created through Consent Application S-12-18-L from Residential Waterfront (RW) and Limited Service Residential Waterfront (RLSW) to a Special Limited Service Residential Waterfront (RLSW) zone. Please contact Planner Lindsay Mills to begin this process.
ATTACHMENTS Map of Kolodziejczak property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 4 of 69
E L ANE
OVE R
THE H
ILL L A
NE
µ d Ro a ert h
Kolodziejczak property Kolodziejczak Proposed Lot
3043 Hilltop Lane
76 5
6P
AD RO PE RT H
Legend
ANE
TALL PIN
HILLTOP L
Retained Parcel
KOLODZIEJCCZAK S-12-18-L
7646 Perth Road Proposed Lot
3045 Hilltop Lane
Buck Lake
3045 Hilltop Lane 7618 Perth Road
1050 Over The Hill Lane
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 5 of 69
1060 Over The Hill Lane
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Page 9 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 3, 2018 Application No: Owner: Location of Property:
S-28-18-B Susan Stewart, Kenneth Petryshen Concession 10, Pt. Part Lot 26, Briggs Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a right-of-way be considered for passage.
BACKGROUND The subject lands consist of 5.4 +/- acres with frontage on Briggs Lane and Wolfe Lake. The land is currently developed with a single detached dwelling. The proposal is for the creation of a 40 metre long right-of-way over 344 Briggs Lane, from Briggs Lane to a vacant 48 +/- acre parcel (ARN 102901001020100) abutting 344 Briggs Lane to the north. The proposed right-of-way would be in the location of the current driveway access to this vacant parcel and would serve to legalise this access. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Rideau Valley Conservation Authority, Public Works or KFL&A Public Health.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-28-18-B shall be for the creation of a 40 +/metre long right-of-way from Briggs Lane over 344 Briggs Lane to a vacant 48 +/- acre parcel (ARN 102901001020100).
- The right-of-way to be created through Consent Application S-28-18-B shall be surveyed and constructed in accordance with the Township of South Frontenac’s private lane standards.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
Page 10 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT ATTACHMENTS Map of Stewart, Petryshen property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 11 of 69
µ STEWART PETRYSHEN S-28-18-B
Legend Stewart Property MacDougall Property Proposed Right-of-Way
L AN
E
344 Briggs Lane
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
E
GGS BRI
BR
IG GS
LA N
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 12 of 69
316 Briggs Lane
Scale 1:1,250 0
5
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30
40 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 3, 2018 Application No: Owner: Location of Property:
S-29-18-L Margaret Monroe Concession 4, Pt. Part Lot 3, Stagecoach Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 1.8 +/- acres with frontage on Stagecoach Road. The land is currently developed with a single detached dwelling. The proposal is for the creation of a 0.75 +/- acre lot addition to a 0.94 +/- acre vacant parcel (ARN 102904001006700) with frontage on Stagecoach Road. The proposed lot addition parcel is not near any existing wells or septic systems. The retained parcel would encompass the existing dwelling. The planning department is able to support the application. Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, Public Works or KFL&A Public Health.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-29-18-L shall be for the creation of a 0.75 +/acre lot addition only to a vacant parcel (ARN 102904001006700).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
ATTACHMENTS Map of Monroe property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta Page 13 of 69
µ 143 Morgan Drive
MONROE (S.F.C.S.C.) S-29-18-L
4309 Stagecoach Road
ta Re
in
ed
l ce r Pa
4303 Stagecoach Road
Legend Monroe Property Monroe Proposed Lot Addition
4295 Stagecoach Road
SFCS Property
153 Morgan Drive
Lot Addition Parcel
Lot To Be Enlarged
Page 14 of 69
STAGE COACH ROAD
161 Morgan Drive
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale 1:1,157 0
5
10
20
30
40 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 3, 2018 Application No: Owner: Location of Property:
S-30-18-S 548883 Ontario Limited Concession 8, Pt. Part Lot 15, Hidden Hollow Lane/Hiawatha Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 3.89 +/- acres with frontage on Hidden Hollow Lane, Hiawatha Lane and Dog Lake. The land is currently vacant. The proposal is for the creation of a 3.89 +/- acre lot addition, the entire parcel, to 16 Hidden Hollow Lane. The proposed lot addition would merge two existing parcels into a single parcel. 16 Hidden Hollow Lane is already developed with a single detached dwelling and a detached accessory building. This lot addition would reduce the number of waterfront lots on Dog Lake by one. The planning department is able to support the application. Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Public Works or KFL&A Public Health. The application was circulated to Cataraqui Region Conservation Authority for comments but they indicated they had no objections to the application and would not be providing formal comments.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-30-18-S shall be for the creation of a 3.89 +/acre lot addition only to 16 Hidden Hollow Lane (ARN 102906006002305).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
Page 15 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT ATTACHMENTS Map of 548883 Ontario Limited property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 16 of 69
µ 548883 Ontario Limited S-30-18-S
1911 Ormsbee Road
Legend O ORMSBEE R
AD
436 4
Hia wa tha L
ane
dditio Lot A
548883 Ont Ltd Property
cel n Par
King Property
HIDEAWAY LANE
Lot To Be Enlarged 16 Hidden Hollow Lane
Dog Lake
10 Hidden Hollow Lane
HIAWATHA LANE
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 17 of 69
Scale 1:2,170 0
10
20
40
60
80 Meters
UTM Projection NAD 83
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 3, 2018 Application No: Owner: Location of Property:
S-31-18-L, S-32-18-L, S-33-18-L Adam Knapp Concession 5, Pt. Part Lot 12, Wilmer Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create three new lots Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create three new lots be considered for passage.
BACKGROUND The subject lands consist of 91.65 +/- acres with frontage on Wilmer Road. The land is currently developed with a single detached dwelling and multiple agricultural buildings. The proposal for S-3118-L is for the creation of a 2.68 +/- acre lot, with a minimum of 76 metres of frontage on Wilmer Road. The proposal for S-32-18-L is for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road. The proposal for S-32-18-L is for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road. The retained parcel would encompass all existing structures. As one of the existing agricultural buildings is a livestock barn, currently unoccupied, a Minimum Distance Separation (MDS) calculation was completed. All three proposed lots would be located outside the area of influence. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority. Public works has no objections. Comments from KFL&A Public Health have yet to be recived.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-31-18-S shall be for the creation of a 2.68 +/acre lot with a minimum of 76 metres of frontage on Wilmer Road.
- The land to be severed by Consent Application S-32-18-S shall be for the creation of a minimum 2.0 +/- acre lot with a minimum of 76 metres of frontage on Wilmer Road.
- The land to be severed by Consent Application S-33-18-S shall be for the creation of a minimum 2.0 +/- acre lot with a minimum of 76 metres of frontage on Wilmer Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. Page 18 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive 5% of the value of each of the parcels to be severed through Consent Applications S-31-18-L, S-32-18-L and S-33-18-L in lieu of parkland [Planning Act, s. 51(1)].
- The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for each of the parcels severed through consent applications S-31-18-L, S-32-18-L and S-33-18-L.
ATTACHMENTS Map of Knapp property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 19 of 69
µ
1812 Morrison Road
1804 Morrison Road
1798 Morrison Road
4560 Wilmer Road
1821 Morrison Road
1829 Morrison Road
1841 Morrison Road
MORRISON ROAD
KNAPP S-31-18-L S-32-18-L S-33-18-L
1809 Morrison Road 4540 Wilmer Road
Legend
2.68 acres
Knapp Property S-31-18-L S-32-18-L S-33-18-L
2 acres
2 acres WILMER ROAD
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 20 of 69
Scale 1:2,000 0
10
20
40
60
UTM Projection NAD 83
80 Meters
µ KNAPP S-31-18-L S-32-18-L S-33-18-L WILMER ROAD
Legend Knapp Property S-31-18-L S-32-18-L S-33-18-L MDS Circle 177 metre diameter
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 21 of 69
Scale 1:3,621 0
15 30
60
90
120 Meters
UTM Projection NAD 83
Page 22 of 69
Page 23 of 69
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended
The frontage(s), depth and area of the subject land.
(2
Frontage (on water):
‘/5 0 lg”
Depth:
Frontage (on road/lane):
2'50”/.’+’
63 GLNS
Area:
The type and the purpose of the proposed transaction, such as a transfer for the creation of a new lot, a lot addition, an easement/right-of-way, a charge, a lease or a correction of title.
/1/eu The following information regarding the land intended to be severed and the land to be retained: NOTE: If your application is for a new lot, answer question 6(a); ifthe application is for a lot addition or right-of-way only. answer question 6(b).
a. The frontage, depth and the area. (Complete this section for a new lot only) Proposed New Lot:
Retained Lot:
S’£"£§3§.§ Zs‘oFt
$31223
Frontage On Water
( 2
Frontage On Water
Depth
3519F1’
Depth
Area
2- 6 5 Gcfes.
Area
Please list/describe the existing and proposed USES of the land to be severed and to be retained: Existing Uses
New Lot:
§; .3;
(Ed.
Proposed Uses
/.0f. $u.‘U.‘E
Retained: Structures Existing New Lot:
/i/0
Structures Proposed
/Veu //Ousé.
Page 24 of 69
Page 25 of 69
Page 26 of 69
Page 27 of 69
Page 28 of 69
Pub?? Health¢’o Envuonmental
Health
CONSENT TO SEVER FIL
Department
NO. Concession
General Description (ezdsting buildings. surface drainage. slopes. etc. [on each part] and pmposed water
“(3Q€"‘ ' —~
supply)
’Re \ ¥
i‘—\o«'
Soil type. depth. water table on each part of likely leaching bed areas. Indicate water table with bar. Show estimated permeability (good). fair. poor) for each part where natural soil is acceptable.
Severed
Depth of Soil (metres)
Retained
0/(cw
Tom’: 1‘ Percolation rate Suitability
(estimated)
Percolation
rate
(estimated)
for on site sewage disposal:
NOTE: The approval oi’ any new lot is based on it’s suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability oi‘su?lcient area for a larger septic tank stem.
Severed
Conditions:
Satisfactory Unsa?sfactory
Site Flexible Site Speci?c Retained
Conditions:
Satisfactory
Unsatisfactory Site Flmdble
Site Speci?c
Approved: _”_i
_
PLEASE FORWARD A COPY OF THE NOTICE OF DECISION
Date;
é / /gr
TO PUBLIC HEALT
H 549 1232 ext. 243, 1-800-267-7875 LII
rd
Io:I’o
Page 29 of 69
Page 30 of 69
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended
The frontage(s), depth and area of the subject land. Frontage (on water):
Frontage (on road/lane):
Depth:
Area:
The type and the purpose of the proposed transaction, such as a transfer for the creation of a new lot, a lot addition.an easement/right-of-way, a charge, a lease or a correction of title.
e_j__ The following information regarding the land intended to be severed and the land to be retained: NOTE: If your application is for a new lot, answer question 6(a); if the application is for a lot only, answer question 6(b). addition or right—of-way a . The frontage, depth and the area. (Complete
Retained Lot:
Proposed New Lot:
Frontage On Road
this section for a new lot only)
2 5°
‘:4’
Frontage On Road
/7 :7 <1’’-
/’%¢ /
Frontage On Water
Frontage On Water
A
Depth
350 Pt
Depth
Area
- /kres
Area
//’ ,2(’’‘ /
//
/,/’ /~-//” ~
(ac-
Please list/describe the existing and proposed USES of the land to be severed and to be retained: Existing Uses New Lot:
§; gab
Retained: Structures Existing
New Lot:
/l/0
Proposed Uses
‘r~o°
§,?o_~ £ll~§!.9l’ Structures Proposed _/[£9->
/l/aw house-
Page 31 of 69
Page 32 of 69
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended
Indicate whether there are any easements or restrictive covenants affecting the subject land and a description of each easement or covenant and its effect (if known):
/1/o 9.Name of road or lane which accesses:
W:I-veer£064/(
The new lot (lot addition or R.O.W.): The retained lot:
NOTE: Some roads (particularly former “County” Roads) have speci?c requirements for spacing between entrances. Also, any proposed new entrance must have safe sight-lines. These requirements may affect the success of your application. If you wish to check the status of you r road or sight line conditions, please contact the Roads Department at 376-3027.
If access to the new lot is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road. New Lot: Retained Lot: 10. Note the method by which water willbe provided, i.e., by a publicly owned and operated piped water system, privately owned and operated individualor communal well, a lake or other water body or other means.
New Lot:
Or-.‘U&.lwall
Retained Lot:
- Note the method by which sewage disposal willbe provided, e.g. private septic, privy or other means:
New Lot:
\Dn’va‘l-C S234–‘L
Retained Lot:
- The current zoning of the subject land in the applicable Zoning By-law.
/£J.//;"“:? /
/
- If known, has the subject land ever been the subject of a previous consent (severance application OR an application for a plan of subdivision under section 51 of the Planning Act? Ifso, please indicate: (a) The ?le #:
// /.<’
(b) The decision on the application:
Page 33 of 69
Page 34 of 69
Page 35 of 69
PuIbI[?<gHealth¢’o E vironmental
Health
CONSENT TO SEVER FILE NO.
Department
3»
T
Township
General Description
22- I
r
No. RECEIPT
L-
(eidsting buildings. surface drainage. slopes. etc. [on each part] and proposed water supply)
Soil type. depth. water table on each part oi’likely leaching bed areas. indicate water table with bar. Show estimated penneability (good). fair. poor) for each part where natural soil is acceptable.
Severed
Depth of Soil (metres)
Retained
c/(om/
s
(307: 15 Percolation rate Suitability
3'37)
(estimated)
Percolation rate (estimated)
for on site sewage disposal:
NOTE: The approval oi‘ any new lot is based on it’s suitability to provide an area for a Class 4- septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of suillcient area for a larger septic tank stem. ~
Conditions: Sa?sfactory
dBZ<v§
Unsatisfactory ’
Site Fladble
é6P*mc locorlté
z\’\QJU__ E UV)‘-iv‘ So“
Site Specific
Retained
“nswc’,
E‘
yY“n1,n,,1,_,,‘
over
‘I*\
WWW D’/‘ l0i|’\L.l’\€S
to
“‘0
/o(/71
Conditions:
Satisfactory Unsatisfactory E]
Site Flexible
El
Site Speci?c
Inspector: ‘WM/Q
-.
Da*°=VW*‘wt§/‘3”
PLEASE FORWARD A COPY OF THE NOTICE OF
DECISION TO PUBLIC HEALT
Personal informationon this fonn is collectedunder the authority of the Building Code Act and will be usedHfor the administrationof Public Health progmms. Any questions about the collectionof this informationshould be directedto the Director,Environmental Health,K.FL&A PublicHealth,22] Portsmouth Avenue,Kingston,OntarioK7M IVS 613
Page 36 of 69
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended
Date Received: 1.
File No:
Name of Owner(s):
Adam l(/Mtge Wu’/marR0M'1_+
Full Mailing Address of Owner(s):
406~¢‘/l 047“
go/~11 11.0
Phone number of Owner(s):
613- 76 l‘ Y‘-/571
Email Address of Owner(s):
UK &Kna-g/JQ l1ol~z-an-7
Ifthe applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. Name of Authorized Agent: Full Mailing Address of Authorized Agent:
Phone number of Authorized Agent: Email Address of Authorized Agent: Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.
Signature(s) of Owner(s) The description of the subject land‘ District:
Bedford
(04
Concession Number: Street Number:
Portland
‘/‘7’ 7
5’
oughborough
Lot Number‘
Name of Road/Street:
Reference Plan Number:
Roll Number:
O‘/
U Storrington
970+ L/’[nu
?awl-
Part Number(s):
03
07300
00
O
Page 37 of 69
Page 38 of 69
Page 39 of 69
Page 40 of 69
Page 41 of 69
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY
Attached to this application is a cheque payable to the Township of South Frontenac in the amount of $817.00 representing payment of the application fee. The OwnerIApp|icant/Agent agrees that the information recorded in this Consent Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township, Public Health and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The OwnerIApplicant agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipalityto process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend the Committee’s decision to support the application.
Vl?thout limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant further agrees to provide the municipality. upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,
The Owner/Applicant further agrees that, until such requests have been complied with, the municipality wil have no continuing obligation to process the application or attend or be represented at the Ontario Municipal l Board or any court or other administrative proceeding in connection with the application:
DATED AT THE TOWNSHIP OF SOUTH FRONTENAC THIS
DAY OF
, 20
/J’
l, OF solemnly declare that all the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath andby virtue of the Canada Evidence Act.
Signature of Applicant or Authorized Agent
Signature of Applicant or Authorized Agent
DECLAREDbefore me at the TOWNSHIP OF SOUTH FRONTENAC (IN THE COUNTYOF FRONTENAC) THIS
AY OF
, 20 /J”
Page 42 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 4, 2018 Application No: Owner: Location of Property:
S-34-18-B John O’Connor Concession 2, Pt. Part Lot 8, Buck Bay Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 46 +/- acres with frontage on Buck Bay Road and Westport Road. The land is currently vacant. The proposal is for the creation of a minimum 2.0 acre lot with a minimum of 75 metres of frontage on Buck Bay Road. The retained parcel would be approximately 44 acres in size. There is a small stream at the rear of the proposed lot; however there is sufficient space on the property to meet all setbacks required in the zoning by-law. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Public works has no objections. KFL&A Public Health has no objections. Comments from Quinte Conservation Authority have yet to be received.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-34-18-B shall be for the creation of a minimum 2.0 acre lot with a minimum of 75 metres of frontage on Buck Bay Road.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road;
Page 43 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-34-18-B, in lieu of parkland [Planning Act, s. 51(1)]. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-34-18-B.
ATTACHMENTS Map of O’Connor property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 44 of 69
µ O’CONNOR S-34-18-B
Legend O’Connor Property O’Connor propsed lot
2.0 Acres
BUCK BAY ROAD Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 45 of 69
Scale 1:1,000 0
5
10
20
30
UTM Projection NAD 83
40 Meters
.9. KFL&A Public Health
http://www.kflapub|ichealth.ca
To SEVER INSPECTIONREPORT
Environmental Health Department File Number:
Receipt Number:
S—34—18B
SS—11—18
Owner(s):
O’Connor, John Joseph
M““iCiPaIitV=
Ward / Former Township: Bedford
Township of South Frontenac Lot:
Concession:
Registered
Plan:
Part(s):
Plan of Subdivision:
2 General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)
Severed:
Proposed 8163+» m2 lot of bush land.
Retained:
Proposed 36 ha lot of bush land.
Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable. Severed
Depth of Soil
Retained
0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m Percolation rate (estimated): 5-10 min/cm
Percolation rate (estimated): 5-10 min/cm
NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.
Suitability for on-site sewage disposal:
SEVERED
Conditions:
Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development.
Conditions:
Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development.
Satisfactory
Un5a[i5factory Site Flexible
Site Specific
RETAINED 5a“5f3 °‘°‘V Un5a[i5fa;_-wry Site Flexible Site Specific
PLEASEFORWARD A COPY OF THE NOTICE OF DECISIONTO KFL&A PUBLICHEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1~800-267-7875.
Page 46 of 69
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 4, 2018 Application No: Owner: Location of Property:
S-35-18-P Everett Kerr Concession 4, Pt. Part Lot 6, Alton Road/Road 38, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND This item was originally brought to the Committee in April 2016. The severance was granted Provisional Consent but lapsed prior to the completion of conditions. This application is a resubmission with the same parameters as previously used. The subject lands consist of 23.4 +/-hectares with frontage on Road 38 and Alton Road West. The land is currently vacant. The application is for the creation of a 4.0 +/-hectare lot with 62m frontage on Road 38 and 227m frontage on Alton Road West. The severed lot is proposed to be rezoned to Urban Commercial to facilitate the construction of a retail plaza. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Public works has no objections. KFL&A Public Health has no objections. Comments from Cataraqui Region Conservation Authority were not required..
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-35-18-P shall be for the creation of a 4.0 +/hectare lot with 62m frontage on Road 38 and 227m frontage on Alton Road West.
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; Page 48 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 2% of the value of the parcel to be severed through Consent Application S-35-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-35-18-P. 8. The applicant shall rezone the lot to be created through Consent Application S-35-18-P from Rural to Urban Commercial. Please contact Planner Lindsay Mills to begin this process.
ATTACHMENTS Map of Kerr property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 49 of 69
ROAD 38
µ 5187 Road 38
3995 Alton Road W. 5183 Road 38
5155 Road 38
3985 Alton Road W.
3989 Alton Road W.
5.9 Acres
KERR S-35-18-P
3975 Alton Road W.
Legend
3981 Alton Road W.
Kerr Property
W ALTON ROAD
Kerr Proposed Lot
3974 Alton Road W.
5153 Road 38
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 50 of 69
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 4, 2018 Application No: Owner: Location of Property:
S-36-18-L Doris Cumpson Concession 22, Pt. Part Lot 8, Leland Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.
BACKGROUND The subject lands consist of 56.9 +/- acres with frontage on Leland Road. The land is currently vacant. The application is for the creation of a 0.86 +/- acre lot addition to 815 Leland Road. This lot addition will increase the size of an existing undersized lot and bring it into conformity with the zoning by-law The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from Cataraqui Region Conservation Authority, Public Works and KFL&A Public Health were not required.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-36-18-L shall be for the creation of a 0.86 +/acre lot addition only to 815 Leland Road (ARN 102904004019750).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
ATTACHMENTS Map of Cumpson property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta Page 51 of 69
ND LELA
µ
ROA D
859 Leland Road
CUMPSON S-36-18-L
848 Leland Road
Legend Cumpson Property Cumpson Proposed Lot Addition Young Property
Retained Parcel
s re c 9A
Lot To Be Enlarged 815 Leland Road
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 52 of 69
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: May 7, 2018 Application No: Owner: Location of Property:
S-37-18-L Sally Vanluven Concession 5, Pt. Part Lot 7, Sheila Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: May 10, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.
BACKGROUND The subject lands consist of 77 +/- acres with frontage on Rutledge Road, and several private lanes including Sheila Lane and Carslake Lane. The land is currently developed with a single detached dwelling. The application is for the creation of a 1.9 +/- acre lot addition to 1251 Sheila Lane. This lot addition will increase the size of an existing undersized waterfront lot and bring it into conformity with the zoning by-law. The retained parcel will keep the existing structures. The lot addition parcel will need to be rezoned from Rural to Limited Service Residential Waterfront. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from Cataraqui Region Conservation Authority, Public Works and KFL&A Public Health were not required.
CONDITIONS
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
- The land to be severed by Consent Application S-37-18-L shall be for the creation of a 1.9 +/acre lot addition only to 1251 Sheila Lane (ARN 102904003005100).
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
- In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
- The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
ATTACHMENTS Map of Vanluven property. Submitted/approved by: Lindsay Mills
Prepared by: Jennie Kapusta Page 53 of 69
µ
Sydenham Lake
1237 Sheila Lane
1251 Sheila Lane Lot To Be Enlarged
1015 Boon Lane 1015 Boon Lane
LAFRAMBOISE S-37-18-L
Legend
1247 Sheila Lane
Laframboise Property Vanluven Property
BO ON
Vanluven Proposed Lot Addition L AN
E
Lot Addition Parcel 1.9 Acres
SHEILA
CA
K LA RS
EL
A
NE
L ANE
Page 54 of 69
Retained Parcel
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 9, 2018 Application No: Owner: Location of Property:
MV-08-18-L Trevor Huffman Concession 8, Lot/Part Lot 8, 117 Bullseye Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit an increase in height of an accessory building and section 5.24.1 to permit an accessory building larger than the principal building Date of Hearing: April 12, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction of a detached accessory building be considered for passage.
BACKGROUND The subject land consists of 1.9 +/- acres with frontage on Bullseye Lane and Little Long Lake. The property is currently developed with a single detached dwelling located approximately 30 metres from the high water mark of Little Long Lake, a sleeping cabin and two detached storage sheds. The proposal is for the demolition of the storage sheds and construction of a 40 foot by 40 foot (1600 square foot) detached accessory building, with a finished height of 29 feet, to be located approximately 35 metres from the high water mark of Little Long Lake. With a footprint of 1600 square feet this proposed building will have a larger footprint than the existing residence. The maximum height of an accessory building is not to exceed 6 metres (19.7 feet); the applicant has indicated the requested increase in height is to accommodate a storage loft. The shoreline of Little Long Lake is designated as Provincially Significant Wetland (PSW) and any development within 120 metres of a PSW is subject to a preliminary Environmental Impact Assessment (EIA). The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
Page 55 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT
AGENCY ANALYSIS AND COMMENTS Cataraqui Region Conservation Authority (CRCA) staff visited the property on May 2, 2018. Based on this site evaluation and applicable CRCA Planning Policy, including a report completed by Hutchinson Environmental Services Ltd. in April 2014 entitled “Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country”, they have recommended deferral of this application until an EIA has been completed which considers the potential impact on water quality. They have indicated that a permit will be required for the proposed development should it be approved by the Committee. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections.
CONDITIONS
- This minor variance is for the construction of 1600 square foot footprint detached accessory building, with a finished height of 29 feet to permit a storage loft only, no living space permitted.
- Minor variance MV-08-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- Prior to the issuance of a building permit the applicant shall complete, and submit to the Building Department, a preliminary Environmental Impact Assessment which satisfactorily demonstrates the accessory building will not have a negative impact on the Eel Bay Provincially Significant Wetland.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
ATTACHMENTS Map of Huffman Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 56 of 69
µ HUFFMAN MV-08-18-L
1133 Bullseye Lane Huffman Existing Cottage
Legend Existing Buildings
1171 Bullseye Lane
Huffman Property Huffman Propsed Garage
Huffman Proposed Garage
BU
LL SE YE LA N
E
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
1112 Bullseye Lane
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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Page 58 of 69
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Since the proposal involves development within 40 metres ofthe shoreline, sta?’recommend that the EIA consider potential impacts of increased phosphorous on water quality and make appropriate recommendations to protect the water quality ofLittle Long Lake.
Staff recommend deferral of appnncamun MV-08-18-L based on our consideration C(’%ii§ié}6i”2i;i0n for natural hazard, natural heritageand water quality policies.
Ontario Reg1_11ation 148/O6
The CRCA, under Ontario Regulation 148/06: Development, Interferencewith Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 15 metres of a ?ood plain and/or the top of bank. Therefore, a 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 of?ce 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 email at aschmidt@crca.ca.
Yours truly,
Page 60 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 9, 2018 Application No: Owner: Location of Property:
MV-09-18-S James and Krystyna Garlick Concession 9, Lot/Part Lot 18, 4601 Stair Step Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary sections 5.9.3 and 5.20.1.4 of the Comprehensive Zoning By-law 2003-75 to permit an increase in footprint of a boathouse Date of Hearing: April 12, 2018
RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit an increase in footprint of a boathouse be considered for passage.
BACKGROUND The subject land consists of 0.8 +/- acres with frontage on Stair Step Lane and Dog Lake. The property is currently developed with two single detached dwellings, a storage shed and two single slip boathouses. The proposal is for the demolition of both boathouses (571 square feet structure, plus 760 square feet of dock) and the reconstruction of a single larger two slip boathouse (650 square feet structure, plus 446 square feet dock). Boathouses are a prohibited use in the Township’s Comprehensive Zoning By-law 2003-75, however they by-law does permit the reconstruction of existing boathouse provided there is no enlargement in footprint. While this proposal includes an overall increase in the square footage of the boathouse structures from 571 square feet to 650 square feet, the square footage of surrounding docks is proposed to be reduced from 760 square feet to 446 square feet. This is an overall decrease of 314 square feet of dock and the re-naturalisation of 62 feet of shoreline. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:
- Is the minor variance desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the official plan maintained?
- Is the general intent and purpose of the zoning by-law maintained?
- Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes
Page 61 of 69
REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT AGENCY ANALYSIS AND COMMENTS Parks Canada – Rideau Canal Office issued a permit for the proposal on April 6, 2018; this permit was a replacement for a previously issued permit dated February 22, 2018. They have outlined several restrictions and regulations which must be followed during construction in order to best protect Dog Lake. The Rideau Waterway Development Review Team has reviewed the application and has no objection to the proposal. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections.
CONDITIONS
- This minor variance is for the demolition of two existing boathouses located at 4601 Stair Step Lane and the construction of maximum 650 square foot footprint boathouse with a maximum height of 12 feet, plus a maximum 446 square foot dock to be attached to the boathouse.
- Minor variance MV-09-18-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
- The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.
ATTACHMENTS Map of Garlick Property Submitted/Approved by: Lindsay Mills
Prepared by: Jennie Kapusta
Page 62 of 69
µ
4619 Stair Step Lane
Garlick Existing Boathouses GARLICK MV-09-18-S
Dog Lake
Legend
Garlick Proposed Boathouse
Garlick Existing Buildings Garlick Property
STA IR
ST EP LA N
E
Garlick Proposed Buildings
4583 Stair Step Lane
4601 Stair Step Lane
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Page 63 of 69
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Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0
Dear Ms. Kapusta: Re:
Application for Minor Variance MV-09-18-S (Garlick) Lot 18, Concession 9; 4601 Stair Step Lane District, Township of South Frontenac Storrington IX.–_|._I:l…||_l.lj r—-|.|.l .—|s Lake Waterbody: Dog
the from The Rideau Waterway Development Review Team (RWDRT), made up of staff Cataraqui I I I Region Conservation Authority (CRCA) and Parks Canada, has reviewed the above-noted application of"J-1’ Adjustment’s I-‘f—uI-?L—C comments for the Committee ‘:for -‘2’minor variance, and provide the following — consideration. Summary of the Proposal
double slip boathouse of auI’I1EI The the demolition of’TI’-’-I proposal involves on two boathouses and construction uI’ ‘IIn’-I-I -HI‘ :—— —I’I£ the subject property. The Variance is requested to: Change the footprint of a boathouse.
The property is located on south shore of Dog Lake. The topography of the property can be described as a relatively steep slope adjacent to the water and then rising slowly toward the location of the existing dwelling on the property. The property is designated ‘Rural’ in the Of?cial Plan and zoned ‘Limited Service Residential IJJI-I-—I?-III-ulxl-ul-I-ul-IuLI£-II-II—I——-I Waterfront’ (RLSW) in the implementing Zoning By-law. Dog Lake itself is zoned ‘Environmental IIfI—I . Protection’ 1TI’
Page 64 of 69
Page 65 of 69
Page 66 of 69
/:? Rldeau Canmi hauonal Lieu tdstorklua nauonal du [!!!!!11 Hla;c 81t,e .
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National Histork, Site 34 Beekwith Street S. Smiths Falls, ON K7A 2A8
Phone: (613) 283-7199 x284 Fax: (6j 3) 283-0677 Apdl 6, 2018 Flle: 8520-080j3100
James and Krystyna Garlkik 460? Stalr Step l,ane Battersea, ON KOHIHO
Dear James and KrytAyna Garlk,k, AfmPLICATION REQuE8TlNG PERMl8SION TO PERFORM WORK8 IN, OVER & DlREeTUl ADJOINING DOG LAKE AND LOT 18, CONCE8SION ‘h, IN THE TOWNSHIP OF SOUTH
FFIONTENAC, aEOGRAPHIC TOWN8HlP OP PffT8BURaH, AND LOCALLY KNOWN A8 81 5TAgR STEP LAM: ws?
The Rideau Canal is a National Hlstoric Site of Canada (NHSC) and part of the Ontario
Waterways unIt administered by Parks Canada In additcn to thia, the Rid*au Canal waterway is des!gnated as both a Canadian Heritage Fl?ver and a UNESCO World Herilage Site, meaning that a is significant not only nationally, but also on a global scale Staff of tm Rideau Canal NHSC has rev?ewed your permit applicataon in the context of the
“Rideau Canal and Trerit-Severn Waterway National Historlc Sites of Canada F’ol[cies for InWater and Shoreline Works and Flelaled Activities.j’
Your application to demolish two existing boathouses and an along-shore boardwalk, and construct a new boathouse at the above noted property has been approved, subject to the conditiona outlined in this letter below, the attached lllustrattons (7 pages), AND the attached permtt Ptease not* that hisi perrrdt repla? a previoualy eaaued permit dated February Q 2018.
Page 1 of 3
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Thb current p*rrnit is valid up to and ineludlng Apdl 6, 201 9. If your pro3ect wdl not be completad withIn the alk+tked time, please notify the Rkleau Canal so that a letter of *xtensl0n can be considered.
The new boathouse structure will have a total footpnrit measuring 8 84 metres wide (29 feet) by 9 45 metres kxng (31 feet) Thls rneasurernent includes the boathouse itself as well as assoeiated exteror decking The 29 foot w!dth exceem the typ!cally permitted 28 foot width allowarce, however, is permitted eonsidenng the sfgnificant gall that will be aehieved by demolishAng the seeond boathouse and the removal of lhe along-shore deckutg You are oornrnended for you efforts to mMnimbe developmant along your propeo d’?line. The boathouse will be supporteei by 24, 14 centimeter dmmeter (5.5 inch) round steel pilings The heighl of the boathouse is 3.7 metres (i2 feet) measured from the exterior decking, and it is not to *xceed a heighl of 4 6 metres (1 s feet) measured from the upper controlled watar eievatiori.
The boathouse must be fin!shed with materials and coiours that biend In with the surrounding landscape.
Any wood facing on the boathouse (if required) is not to extend more than 0 6 metres (2 feet,) below the upper controlled water eleition arid rriust not reach the Iake bed A gap of 2 54 cm (1 “) or more ]s to be Ieft between each board to allow the area under the boathouse to be used as shelter by small fIsh and other organisms, NO serv€es olher than electrIcity are permitted within €he boathoi ise Any exterior tllumtnation must be dssigned to mInimize light pollution. Dog Lake in thIs Io>tion supports both warm and cold water fish specIes In ordew to protect warm and coed watar fiah spawrdng aatiyity, no constrtx,tkm work b to take plam in the water bebseeii 4’k,tober 1 " and June 30t’ (b’xkisive) o€ any given year.
Pnor to the commencement of work, a prope$ anchored in-water turbidity curtain must be installed around the constrtx,tion area This curtain is to be securely anchored to the bottom wtth
stones, chaIn or other heavy and durab!e rnaterml, and the +op of the curtain secured above the surface of the water. The curtain must extend and remain secured to the natural shoreline on
each side of the work area The curtain b to be rnainlalned an good working ordvhr, and in€ad and effecthie, until at laast 48 trouts has lapsed after the work has been compteted, or until the
turbidity has subskjed At this time, the curtain can be removed in Rs entirety During construction, every effort shall be taken to ensure that no building matenals or other dekatenous substances enter the mter, or are left alorig the shorelgne or the canat bed PreAerred
building materials for in-water structures iricludes cedar am herrdock Treated wood is permissible but only whete It will riot be in contact with the water,
Page 2 of 3 d..
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P!ease note that any in-water works, u?ludirig the eonstruclion of the new boathouse, must be located a rniriirnum of 4 s me’Ves (1 s feat) away from all skJe-yard lo€ Iines, includirig their projectmns ou€ into the water. Pbase be amlsed that in order to carry out any shoreiine or upland works In this area, a permR may also be required from the local municipality and Conservation Aulhor!ty l would Ilke to take this opporturiity to suggest €hat you visit our websae at JgsJ]ww pc.qq g vor turther tntormatbri on the r:tioeau Canal and Tmnt-Sevem Wateruray Policies for In-Water and 8horeline Works and Relahad ActMt[es.
8ircerely.
gg-f Craig Curini%ham
Ontario Waterways
C(,.
Kristeri Woznlak, Cataraqui Region Conservation Authority Tom Berriault, Townsh!p of 8outh Frontenac
Page 3 of 3
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